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01-07-14 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 7, 2014 6:30 p.m. The Council may consider item numbers 1, 2, 3, 4, 6 and 7 prior to the public hearings scheduled at 7:00 p.m. 1. ORGANIZATIONAL ITEMS A. Roll Call B. Approval of Minutes: City Council Meetings - October 15, November 6, 12 and 19, 2013 3-28 C. Adjournment 2. CALL TO ORDER A. Oath of Office by Judge Myron Greenberg Larry Fonnest, Council Member Term Expires - 12/31/17 Andy Snope, Counci! Member Term Expires - 12/31/17 B. Seating of the Council C. Roll Call D. Break for Cake and Coffee Reception for 2014 Council 3. ADQITIONS AND CORRECTIONS TO AGENDA 4. 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. Set Time and Place of Agenda Closing 29 B. Designation of Depositories for City Funds 14-1 30-32 C. Designation of Official Newspaper 33 D. Approval of Check Register 34 E. Licenses 1. Solicitor's License - Republic Services 35-37 F. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - October 22, 2013 38-46 2. Human Rights Commission - November 26, 2013 47-48 3. Human Rights Commission Worksession - November 26, 2013 49-50 4. Open Space and Recreation Commission - October 28, 2013 51-53 5. Joint Water Commission - October 2, 2013 54-56 6. Bassett Creek Watershed Management Commission - October 17, 2013 57-63 G. Bids and Quotes 1. Outdoor Deck and Patio Furniture at Brookview Golf Course - Quotes 64 2. Purchase and Installation of Light Poles, Sidewalk Bollards, LED Fixtures - 65 Lawn Bowling Green - Quotes H. Approval of Use of Credit Cards for Purchases 66-67 I. Annual Election for the 2014 Insuranee Policy 14-2 68-69 4. CONSENT AGENDA - CONTINUED J. Authorization to Sign Patrol Officer (LELS Local 27) Agreement 70-89 K. Authorization to Sign Agreement with Hennepin County for Sentence to Serve 90-98 Program L. Authorization to Sign Agreement with SEH for Design of TH 55/Winnetka Ave 99-110 Intersection Improvements M. Bottineau Light Rail Transit (LRT) Planning Advisory Committee Appointment 111 N. Acceptance of Donation for Human Rights Commission Community Project in Honor 112-114 of David Bucher, M.D. and Bill Cooper 14-3 O. Second Consideration - Ordinance #514 - Amending Sectian 10.23 Regarding 115-118 Recreational Fires 5. PUBLIC ITEMS AND PUBLIC HEARINGS 7:00 PM 6. OLD BUSINESS 7. NEW BUSINESS A. Announcements of Meetings: 1. Reset Meeting Dates 119 2. Set Date for Council/Staff Workshop 120 B. Council Assignment - Mayor Pro Tem C. Council Appointments: 1. Assistant Weed Inspectors 121 2. Housing and Redevelopment Authority Commissioners 122 D. Mayor and Council Communications 8 ADJOURNMENT Regular Meeting of the City Council October 15, 2013 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 October 15, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Scanlon and Schmidgall; and the following was absent: Pentel. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Hopkins School District Referendum John Schultz, Hopkins School District and David Coffee, parent and Hopkins Vote Yes Committee Co-Chair, presented information about the upcoming referendum and answered questions from the Council. Approval of Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of October 15, 2013 as amended: addition of Waiver of Public Hearing and Certification of Special Assessments - 2012(A) Driveways. Approval of Consent Aqenda MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the agenda of October 15, 2013 as amended: Vic Harvath, 5901 Laurel Avenue North, #129, requested the following items be removed from the consent agenda: Appointment to Bottineau Light Rail Transit Policy Advisory Committee, Approval of Modifying 2013 General Wages and Salary for Non-Union Personnel and Approval of Updated City Manager Employment Agreement. Paul Scofield, 327 Turners Crossroad South, requested the following items be removed from the consent agenda: Approval of Modifying 2013 General Wages and Salary for Non-Union Personnel and Approval of Updated City Manager Employment Agreement and asked why these items are being addressed outside of the usual budgeting process and being addressed earlier than is traditional or typical. Regular Meeting of the City Council October 15, 2013 Page 2 *Approval of Minutes - Council/Manaqer Meetinq - Julv 9, 2013 and Citv Council Meetinq - Auqust 7, 2013 MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the Council/Manager Meeting minutes of July 9, 2013 and City Council Meeting minutes of August 7, 2013 as submitted. *Approval of Check Reqister MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to authorize the payment of the City as submitted. *Solicitor's License -Window Concepts of Minnesota, lnc. MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Window Concepts of Minnesota, Inc. *Solicitor's License - Republic Services MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Republic Services. *Minutes of Boards and Commissions MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Joint Water Commission - July 3, 2013 Human Services Fund - August 12, 2013 Human Rights Commission - July 30, 2013 Environmental Commission - July 22, 2013 Bassett Creek Watershed Management Commission - July 18, 2013 *Waiver of Public Hearinq and Certification of Special Assessments: 2Q13 Pavement Manaqement Proqram Drivewavs and 2013 Pavement Manaqement Proqram Sanitarv Sewer Repairs Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-90 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2013 CITY STREET IMPROVEMENTS Regular Meeting of the City Council October 15, 2013 Page 3 *Waiver of Public Hearinq and Certification of Special Assessments: 2013 Pavement Management Program Drivewavs and 2013 Pavement Manaqement Proqram Sanitarv Sewer Repairs - Continued The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-91 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE SANITARY SEWER REPAIRS THAT INVOLVE 2013 CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resotution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Waiver of Public Hearinq and Certification of Special Assessments - 2012(A) Drivewavs Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-97 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2012 CITY STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council October 15, 2013 Page 4 Appointment to Bottineau Liqht Rail Transit Policv Advisorv Committee Vic Harvath, 5901 Laurel Avenue, #129, requested this item be removed from the consent agenda and had questions about the selection process for the resident representatives, the contact information for the committee members so the public can give and get information to the members; stated he felt some of the meetings that were conducted by Hennepin County and Metropolitan Council are a one way discussion and there was little input from the public into those meetings. Council Member Clausen and Mayor Harris reviewed the selection process. Thomas Burt answered questions from the Council. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to appoint the following to the Bottineau Light Rail Transit Planning Advisory Committee: Cathy Waldhauser and Rich Baker, Planning Commission Representatives; Jim Stremel and Debra Yahle, Environmental Commission Representatives; Gillian Rosenquist and Dan Steinberg, Open Space and Recreation Commission Representatives; and Sean Fahey and Andrea Wiley, Resident Representatives. *Acceptance of Donation - Covenant Villaqe of Golden Vallev for Fire Department Outreach Proqram Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-92 RESOLUTION ACCEPTING DONATION FROM COVENANT VILLAGE OF GOLDEN VALLEY FOR GOLDEN VALLEY FIRE DEPARTMENT OUTREACH PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Acceptance of Donation - Soderberq Phvsical Therapv, LLC for Fire Department Outreach Proqram Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-93 RESOLUTION ACCEPTING DONATION FROM SODERBERG PHYSICAL THERAPY, LLC FOR GOLDEN VALLEY FIRE DEPARTMENT OUTREACH PROGRAM Regular Meeting of the City Council October 15, 2013 Page 5 *Acceptance of Donation - Soderberq Phvsical Therapv, LLC for Fire Department Outreach Proqram - Continued The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorization for Submittal of Application for Metropolitan Council Tax Base Revitalization Account - The Xenia Proiect Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-94 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE METROPOLITAN COUNCIL TAX BASE REVITALIZATION ACCOUNT - THE XENIA PROJECT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Approval of Modifvinq 2013 General Waqes and Salarv for Non-Union Personnel Vic Harvath, 5901 Laurel Avenue North, #129, and Paul Scofield, 327 Turners Crossroad South, requested item the item be removed from the consent agenda. Thomas Burt and Chantell Knauss, Assistant City Manager, presented a staff report and answered questions from the Council. Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-95 RESOLUTION MODIFYING GENERAL WAGES AND SALARIES F�R NON-UNION PERSONNEL The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Scanlon and Schmidgall; the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council October 15, 2013 Page 6 Approval of Updated Citv Manaqer Emplovment Aqreement Vic Harvath, 5901 Laurel Avenue North, #129, and Paul Scofield, 327 Turners Crossroad South, requested item the item be removed from the consent agenda. Ghantell Knauss, Assistant City Manager, presented a staff report and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. Member Clausen introduced the following resolution and moved its adoption: RESOLUTION 13-96 RESOLUTION UPDATING THE CITY MANAGER EMPLOYMENT AGREEMENT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Pentel, Scanlon and Schmidgall; the following was absent: Pentel, and the following abstained: Harris, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112- The 3.9.4 Apartments - Global One Golden Vallev, LLC, The following ordinance was MOVED by Schmidgall, seconded by Clausen: ORDINANCE NO. 503, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development The 3.9.4. Apartments, P.U.D. No. 112 Global One Golden Valley, LLC, Applicant Joe Hogeboom, City Planner, presented the staff report and answered questions from the Council. Jeff Oliver, City Engineer, Jeannine Clancy, Thomas Burt, Mike Kotila, SEH Traffic Engineer, and Allen Barnard answered questions from the Council. Mark Globus, Global One Commercial, Applicant, Adam Singlecort, Real Estate Group, Gary Tushie, Architect and Todd Kavich, New Perspectives Senior Living reviewed the plan and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Regular Meeting of the City Council October 15, 2013 Page 7 Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments - Global One Golden Vallev, LLC, - Continued Jane Gjerstad, 5420 Circle Down, had questions about what rent will be charged for the units; where will residents and guests park, feels if a parking spot is not included with the rent the surface parking will fill up quickly, questioned the parking versus apartment ratio; asked if guests will park on the street; the type of pile driving that will be done, stated the new stripes on the street have made no difference in her ability to get in or out of her driveway and feels at times it has made it worse; feels there is an issue with cars getting out from the Metropolitan because of the restriping of the street; feels there will be too much traffic on Circle Down, concerned about her property values and feel her house will be unsalable, and there will be too much traffic on a residential street. Leslie Davis, Earth Protector Environmental Group, Minneapolis, displayed a map of the Circle Down/Turners Crossroad area; feel when the traffic study was done the wrong ITE Code was used, the study used the 220 designation and feels the 222 designation should have been used; reviewed the parking ratios and feels that parking will not be adequate for the development; stated he would like to obtain the land from MnDOT and use it for a natural habitat area; had questions about noise mitigation for the neighborhood; doesn't feel the development should be built on a dead end street; concerned about the volume of traffic; wants to know how many cars will be leaving in the morning and how many cars per unit will be generated and feels the traffic study is false and should be corrected. Brad Kadue, 611 Radisson Road, stated he doesn't have an issue with the development but does have a traffic issue; people cut through on Radisson Road from Glenwood to Xenia and they usually speed on Radisson Road; expressed concern over the increase in traffic; asked if the City ever considered putting a dead end in on Lawn Terrace to restrict the through traffic; had questions about the traffic counter on Lawn Terrace; asked about the process to request a dead end on Lawn Terrace; asked why the public hearings have been delayed; and the costs associated with the purchase of the lot from MnDOT. Bernadine Fox, 5211 Circle Down, expressed concern about the wildlife in the area; feels that the development will change the quality of life in the neighborhood as people will look out their windows and see a wall. Jacquelyn Smith, 2721 Major Avenue North, had questions about Lot 18; asked if there was a need for the type of housing being proposed; asked if the units in the St. Louis Park West End are full; and asked if the City is receiving any TLC grants or LGA grants to build that type of housing. Laura Itman, 5300 Circle Down, wanted to know if there were any provisions for the homeowners when the property values decrease; feels that traffic will be an issue effecting the values; that there will also be an increase in traffic due to the new development that is happening in the area; concerned for rush hour traffic at 5 pm and feels they should be compensated for that; thinks the builder should take out the whole block; stated once the project has started you can't go back; and stated there is no housing in Minneapolis or St. Paul with the volume this development will have on a dead end street. Regular Meeting of the City Council October 15, 2013 Page 8 Continued Public Hearinq - Ordinance #503 - Final Desiqn Plan Approval - PUD #112 - The 3.9.4 Apartments - Global One Golden Vallev, LLC, - Continued John Sonsalla,5301 Circle Down, feels the project seems to have gotten bigger; the development is right behind his house and he will be looking at a 3-4 story building and concerned about the block of light to his home; feels there is so much going on in the area; the St. Louis Park development has so much traffic; concern for the increase in traffic and the potential for more accidents; had questions about snow storage; feels parking will be tight and how will snow storage impact parking and removal; will residents park on the street while the snow is being plowed; asked if the project could be scaled back and stated he is opposed to the project. Jeff Vaala, 5320 Circle Down, asked why the City was not more involved in the project; feels everyone thinks the project has terrible access; asked why the project has taken so long; feels the City should have been invoived from the start and the developers told that the development would not get approval unless the access to the site was done the correct way and expressed concern over the volume of traffic. The Mayor closed the public hearing. MOVED by Schmidgall, seconded by Clausen and motion carried unanimously to adopt Ordinance #503, 2nd Series, as amended: addition of condition #9: A Construction Communications Plan will be developed and provided to the neighborhood including residential and commercial properties. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - ABSENT SCANLON - YES SCHMIDGALL - YES Continued Public Hearinq - Easement Vacations to Vacate Allev and Easements in the Plats of Spring Green South and Reqistered Land Survev No. 106 Jeannine Clancy presented the staff report. MOVED by Scanlon, seconded by Clausen and motion carried unanimously to continue the public hearing for consideration of the easement vacations for the Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four. Apartments) to the November 6, 2013 City Council Meeting. Massaqe Facility License - BodvGEM Stacy Carlson, Police Chief, presented the staff report and answered questions from the Council. Judy Nally answered questions from the Council. Regular Meeting of the City Council October 15, 2013 Page 9 Massaqe Facilitv License — BodvGEM - Continued Gabbie Ward Zehourou, Co-Owner, BodyGEM, stated she had documentation to show she tried to comply and remove the Groupon ad from the internet and demonstrated what is shown when she tries to make adjustments to the website, reviewed her efforts to obtain the license and provide the necessary paperwork and the timeline of events in, and answered questions from the Council. MOVED by Clausen seconded by Scanlon and motion carried unanimously to deny the massage facility license for by BodyGEM, 1415 Lilac Drive, Suite 205, with the provision that the applicant can apply for a massage facility license again in one year; if the applicant has no further violations of City Code Section 6.46 between October 15, 2013 and October 15, 2014. Announcements of Meetinas A Bassett Creek Watershed Management Commission meeting will be held on October 17, 2013 at 8:30 am. Some Council Members may attend the Golden Valley Business Council on October 23, 2013 at 7:30 am at the Brookview Community Center. The Bottineau LRT Planning Advisory Committee will be held on October 24, 2013 at 7 am at the Brookview Grill. The Neighbors Helping Neighbors Raking Blitz will take place from October 25 to November 4, 2013. PRISM food drive drop off location is city hall, police department and Bassett Creek Dental. Election Day will be held on November 5, 2013. The next City Council meeting will be held on Wednesday, November 6, 2013 at 6:30 pm. Mavor and Council Communications The Triton Drive Neighborhood contacted Mayor Harris about a setting up a meeting and Mayor Harris will work with staff to set up a the neighborhood meeting. The Council discussed staff providing an information sheet to residents when they attend neighborhood meetings and Mayor Harris will work with staff about the sheet. Mayor Harris updated the Council on the General Mills Foundation 60th Anniversary he attended. Regular Meeting of the City Council October 15, 2013 Page 10 Mayor and Council Communications — Continued Mayor Harris updated the Council on the letter from United Transportation regarding the Southwest Light Rail Transit. Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 10.18 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council November 6, 2013 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 6, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance Representatives from the Chester Bird American Legions Post #523 and Veterans of Foreign Wars Post #7051 led the Council in the Pledge of Allegiance. Approval of Aaenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of November 6, 2013 as amended: Addition of Bottineau Transitway Update. Approval of Consent Aqenda MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the agenda of November 6, 2013 as amended: Removal of Quotes - Brookview Park Playground Equipment. *Approval of Minutes - Citv Council Meetinq -Auqust 20, 2013 MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting minutes of August 20, 2013 as submitted. *Approval of Check Reqister MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority as submitted. *Solicitor's License - Hopkins Ultimate Frisbee Team MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for the Hopkins Ultimate Frisbee Team. *Gamblinq License Exemption and Waiver of Notice Requirement -VocalEssence MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for VocalEssence. Regular Meeting of the City Council November 6, 2013 Page 2 *Minutes of Boards and Commissions MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission - September 9, 2013 Board of Zoning Appeals - August 27, 2013 Open Space and Recreation Commission - July 22, 2013 Bassett Creek Watershed Management Commission - August 22, 2013 Brookview Park Playqround Eguipment Council Member Pentel requested staff to provide an overview of the proposed playground equipment upgrades. Rick Birno, Director or Parks and Recreation reviewed the plans and answered questions from the CounciL MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the purchase and installation of playground equipment at Brookview Park, through U.S. Communities Contract #416005190 from Minnesota/Wisconsin Playground, Inc. for $275,000. *Call for Public Hearinq - Drainaqe Easement Vacations - Reqistered Land Survey No. 661 - 700 and 800 Xenia Avenue South - The Xenia Apartments - 12/17/13 Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-97 RESOLUTION ESTABLISHING A PUBLIC HEARING ON DECEMBER 17, 2013 TO CONSIDER VACATION OF DRAINAGE EASEMENTS IN REGISTERED LAND SURVEY NO. 661 (700 AND 800 XENIA AVENUE SOUTH) The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Receipt of September 2013 Financial Reports MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to receive and file the September 2013 Financial Reports. Regular Meeting of the City Council November 6, 2013 Page 3 *Authorization to Purchase 2417 Douqlas Drive for pouqlas Drive Reconstruction Proiect Member Schmidgall introduced the following resolution and moved its adoption: RESOLUTION 13-98 RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY FOR THE DOUGLAS DRIVE RECONSTRUCTION PROJECT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Appointment to Northwest Hennepin Human Services Council Executive Board MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to appoint Chantell Knauss, Assistant City Manager, to serve as the City representative on the Northwest Hennepin Human Services Council Executive Board. Public Hearinq - Ordinance #507 -Approval of Amended Conditional Use Permit 121 - Amendment#2 - 9400 Golden Vallev Road - Orion Associates, Applicant The following ordinance was MOVED by Schmidgall, seconded by Clausen: ORDINANCE NO. 507, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amended Conditional Use Permit Number 121, Amendment 2 9400 Golden Valley Road Orion Associates, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. Steven Haig and Angela Cavalier, Applicants, reviewed the request and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to adopt Ordinance #507, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Regular Meeting of the City Council November 6, 2013 Page 4 Public Hearinq - Ordinance #508 -Approval of Conditional Use Permit 135 - 1400 Sprinq Vallev Road - Scott Eastman, Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 508, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 135 1400 Spring Valley Road Scott Eastman, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Scott Eastman, Applicant, answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt Ordinance #508, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Ordinance #5Q9 -Approvat of Amendment to Final Plan of Development - Meadowbrook School 3rd Addition - PUD #90 - Amendment#3 - Hopkins Public Schools, ISD #270, Applicant The following ordinance was MOVED by Pentel, seconded by Clausen: ORDINANCE NO. 509, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Final Plan of Development Meadowbrook School 3rd Addition, P.U.D. No. 90, Amendment 3 Hopkins Public Schools, iSD #270, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Jeannine Clancy and Mike Kotila, SEH Traffic Engineer, answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council November 6, 2013 Page 5 Public Hearinq - Ordinance #509 -Approval of Amendment to Final Plan of Development - Meadowbrook School 3rd Addition - PUD #90 -Amendment#3 - Hopkins Public Schools, ISD #270, Applicant MOVED by Pentel, seconded by Clausen and motion carried unanimously to adopt Ordinance #508, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Ordinance #510 - Rezoninq from Institutional Zoninq District (I-3) to Institutional Zoninq District (I-1) - 5400 Glenwood Avenue North - Hopkins Public Schools, ISD #270, Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 510, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Institutional Zoning District (I-3) to Institutional Zoning District (I-1) 5400 Glenwood Avenue North Hopkins Public Schools, ISD #270, Applicant Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt Ordinance #508, 2nd Series. Upon a roll call vote, the vote was as follows: GLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Ordinance #511 -Approval of Amendment to Final Plan of Development - Room and Board - PUD #79 -Amendment#4 - Room & Board, Inc., Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 511, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval Amendment to Final Plan of Development Room & Board P.U.D. No. 79, Amendment 4 Room & Board, Inc., Applicant Regular Meeting of the City Council November 6, 2013 Page 6 Public Hearinq - Ordinance #511 -Approval of Amendment to Final Plan of Development - Room and Board - PUD #79 -Amendment#4 - Room & Board, Inc., Applicant - Continued Mark Grimes, Community Development Director, presented the staff report and answered questions from the Council. Eric Eckman, Public Works Specialist and Thomas Burt answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Daryl Fortier, Architect, representing the Applicant, stated they have reviewed the staff report and have nothing to object to; stated they thought the parking approved under PUD #2 would be constructed at this time so they could have room for construction workers to park but they cannot get it completed in time so it will not be constructed; they will make alternate parking arrangements for the workers and staff and it will be deferred to sometime in the future when they complete the expansion on the second flood; because of the delay it will impact the impervious surface outlined in the report and tree preservation will also be effected; stated they do plan on adding additional trees; stated in the past there has been a problem with water but the current plan does not add or take away any water to the site; and stated that the applicant is addressing the past water issues. The Mayor closed the public hearing. MOVED by Pentel, seconded by Scanion and motion carried unanimously to adopt Ordinance #511, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Public Hearinq - Preliminary Desiqn Plan Approval - PUD #114 -Amendment#4 - Tennant Companv Mark Grimes, Community Development Director, stated Tennant Gompany has requested the item be continued to the November 19, 2013 City Council Meeting. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Schmidgall, seconded by Scanlon and motion carried unanimously to continue the public hearing for consideration of the preliminary design plan approval for Tennant Company PUD #114, Amendment#4 to the November 19, 2013 City Council Meeting. Regular Meeting of the City Council November 6, 2013 Page 7 Continued Public Hearinq - Easement Vacations to Vacate Allev and Easements in the Plats of Sprin,g Green South and Reaistered Land Survev No. 106 Jeannine Clancy introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Scanlon, seconded by Clausen and motion carried unanimously to continue the public hearing for consideration of the easement vacations for the plats of Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four. Apartments) to the November 19, 2013 City Council Meeting. Bottineau Transitwav Update Thomas Burt and Jeannine Clancy updated the Council on upcoming meetings and events regarding the Bottineau Transitway and answered questions from the Council. Announcements of Meetinqs The Fall Leaf Drop-off will be held on November 9, 2013 from 7 am to 1 pm at Brookview Park. The City Offices will be closed on November 11, 2013 in observance of Veterans Day. A Special City Council Meeting, Canvassing Board/Oath of Office will be held on November 12, 2013 at 6:30 pm. The next Council/Manager meeting will be held on November 12, 2013 after the Special City Council meeting. Some Council Members may attend the Golden Valley Historical Society Meeting on November 14, 2013 at 7 pm at the Golden Valley Historical Society. The next City Council meeting will be held on November 19, 2013 at 6:30 pm. The Human Rights Commission will hold a Movie Night on November 21, 2013 at 6:30 pm. Mayor and Council Communications There will be openings on the Human Rights Commission, Board of Zoning Appeals and Bassett Creek Watershed Management Commission Alternate. Regular Meeting of the City Council November 6, 2013 Page 8 Mayor and Council Communications - Continued The Triton Drive Neighborhood meeting has been cancelled as the applicant has submitted a subdivision application. The Northwest Cable TV 30th Anniversary is November 11, 2013. PRISM food drive drop off location is city hall, police department and Bassett Creek Dental. Mayor Harris updated the Council on the New Hope Prayer Breakfast he attended. Mayor Harris stated that Dan Freeman, Three Rivers Park District Representative informed him that the Three Rivers Park District has given authorization for their staff to meet with Golden Valley staff to discuss plowing the Luce Line Trail. Adiournment MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adjourn the meeting at 8:23 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Special Meeting of the City Council November 12, 2013 Pursuant to due call and notice thereof, a special 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 12, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. The entire Council joined Council Member Schmidgall and his friends along with member of the audience in singing a few patriotic songs. Certifv Election Results Mayor Harris called the Council to order as a Canvassing Board. Sue Virnig, City Clerk, presented the election returns for the City Election held on November 5, 2013 and answered questions from the Council. CITY OF GOLDEN VALLEY November 5, 2013 COUNCIL MEMBER PCT PCT PCT PCT PCT PCT PCT PCT TWO YEAR 1A 2A 3C 4 5C 6 7B 8B TOTAL John Giese 170 236 168 171 192 157 170 192 1,456 Steven T Schmidgall 236 313 259 146 177 226 200 215 1,772 Write-ins 6 6 3 2 2 4 2 1 26 COUNCIL MEMBER PCT PCT PCT PCT PCT PCT PCT PCT FOUR YEAR 1A 2A 3C 4 5C 6 7B 8B TOTAL Larry Fonnest 180 238 169 105 105 116 88 108 1,109 Andy Snope 207 285 179 118 141 158 113 145 1,346 Simon Gottlieb 26 39 55 22 101 34 23 97 397 Bob Hernz 29 64 31 59 32 84 124 33 456 Greg Keivit 18 17 23 15 18 17 9 58 175 Chris Miller 58 49 65 74 47 52 60 58 463 Paul David Scofield 92 149 73 84 79 104 118 102 801 Jacquelyn Smith 95 131 60 60 72 81 76 80 655 Gillian Uecker Rosenquist 112 124 208 83 154 101 96 137 1,015 Write-ins 4 1 4 2 1 3 2 0 17 Special Meeting of the City Council November 12, 2013 Page 2 Certifv Election Results - Continued Precinct 1A 2A 3C 4 5C 6 7B 8B Total Registered Persons on 1,640 2,320 1,566 1,753 1,424 1,985 1,889 1,873 14,450 Election Day New Registrations on 10 17 14 10 11 12 8 22 104 Election Day Total 1,650 2,337 1,580 1,763 1,435 1,997 1,897 1,895 14,554 Voted 415 584 484 313 425 380 373 455 3,429 Voted Absentee 16 24 25 21 17 20 19 19 161 Total Voted 431 608 509 334 442 400 392 474 3,590 Percentage Voted 26.12 26.02 32.22 18.94 30.80 20.03 20.66 25.01 24.67 MOVED by Scanlon, seconded by Pentel and motion carried unanimously to certify the above election returns as submitted and to declare that the winner in the Special Election for Council Member contest is Steve Schmidgall and the winners in the Council Member (four year) contest be awarded as follows: Larry Fonnest and Andy Snope. Oath of Office - Steve Schmidqall, Council Member Allen Barnard gave the oath of office to Council Member Steve Schmidgall. The term for Council Member Schmidgall expires December 31, 2015. Adiournment MOVED by Clausen, seconded by Schmidgall and motion carried unanimously to adjourn the meeting at 6:25 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council November 19, 2013 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 19, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance Andy Snope, Human Rights Commission Chair, announced the upcoming event of the Human Rights Commission Movie Night which will be held on November 21, 2013 at 6:30 pm at City Hall. The Pledge of Allegiance was recited. The 150th Anniversary of the Gettysburg Address was also noted. Bird Bash Alana Erickson, Seven Dreams Education Foundation member outlined the activities planned for The Bird Bash to be held on February 8, 2014 at the Plymouth Creek Center at 6:30 pm. Hennepin Countv Attornev Presentation Hennepin County Attorney Mike Freeman made a presentation to the Council outlining the programs and activities conducted by his staff. The Council thanked Attorney Freemen for his presentation. Approval of Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of November 19, 2013 as approved. Approval of Consent Aqenda MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the agenda of November 19, 2013 as amended: Receipt of October 2013 Financial Reports, Authorization to Sign Contract Extension with North American Cleaning Services, Authorization to Participate in the Metropolitan Council Environmental Services (MCES) Clean Water Fund Inflow and Infiltration Grant for Residential Sanitary Sewer Rehabilitation, Authorization to Sign Agreement with Hennepin County for Right-of-Way Acquisition, and Acquisition by Purchase or Condemnation of Property for Street Right-of-Way, Utility Easements and Temporary Construction Easements for pouglas Drive Reconstruction Project. Regular Meeting of the City Council November 19, 2013 Page 2 *Approval of Minutes - Citv Council Meetinq - September 3 and 17, 2013 MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the City Council Meeting minutes of September 3 and 17, 2013 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority as submitted. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the minutes as follows: Human Services Fund - September 9, 2013 Human Rights Commission - August 27, 2013 Envision Connection Project Board of Directors - August 15, 2013 Bassett Creek Watershed Management Commission - September 19, 2013 Receipt of October 2013 Financial Reports Mayor Harris had questions regarding the financial reports. Sue Virnig, Finance Director, answered questions from the Council. MOVED by Pentel, seconded by Clausen and motion carried unanimously to receive and file the October 2013 Financial Reports. *Call for Public Hearinq - Easement Vacations - Meadowbrook School P.U.D. No. 90 and Meadowbrook School Addition - 5400 and 5430 Glenwood Avenue - 12-17-13 Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-99 RESOLUTION ESTABLISHING A PUBLIC HEARING TO CONSIDER VACATION OF EASEMENTS IN MEADOWBROOK SCHOOL P.U.D. NO. 90 AND MEADOWBROOK SCHOOL ADDITION (5400 AND 5430 GLENWOOD AVENUE) The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayar and his signature attested by the City Clerk. Regular Meeting of the City Council November 19, 2013 Page 3 Authorization to Siqn Contract Extension with North American Cleaninq Services Council Member Schmidgall had questions about cleaning services provided and the term of contract extension. Thomas Burt, Jeannine Clancy and Allen Barnard answered questions from the Council MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize City Manager to sign the Amendment to Contract 04-01 between City of Golden Valley and North American Cleaning Services. Authorization to Participate in the Metropolitan Council Environmental Services �MCES) Clean Water Fund Inflow and Infiltration Grant for Residential Sanitarv Sewer Rehabilitation Mayor Harris requested staff highlight the program and the grant. Jeannine Clancy answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-100 RESOLUTION TO PARTICIPATE IN THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) CLEAN WATER FUND INFLOW AND INFILTRATION GRANT FOR RESIDENTIAL SANITARY SEWER REHABILITATION The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Authorization to Siqn Aqreement with Hennepin Countv for Riqht-of-Wav Acquisition and Acquisition bv Purchase or Condemnation of Propertv for Street Riqht-of-Wav, Utility Easements and Temporarv Construction Easements for pouqlas Drive Reconstruction Proiect Mayor Harris requested staff to update on the Douglas Drive project. Jeannine Clancy and Thomas Burt answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-101 RESOLUTION AUTHORIZING THE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR RIGHT-OF-WAY ACQUISITION NECESSARY FOR THE DOUGLAS DRIVE RECONSTRUCTION PROJECT Regular Meeting of the City Council November 19, 2013 Page 4 Authorization to Siqn Aqreement with Hennepin County for Ripht-of-Wav Ac4uisition and Acquisition bv Purchase or Condemnation of Proqertv for Street Riqht-of-Wav, Utilitv Easements and Temporarv Construction Easements for pouqlas Drive Reconstruction Proiect - Continued The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: Clausen, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-102 RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET RIGHT-OF-WAY, UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE DOUGLAS DRIVE RECONSTRUCTION PROJECT The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: Clausen, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Continued Public Hearinq - Preliminarv Desiqn Plan Approval - PUD #114 - Amendmenf#4 - Tennant Companv Mayor Harris introduced the agenda item. MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to continue the public hearing for consideration of the preliminary design plan approval for Tennant Company PUD #114, Amendment #4 to the February 5, 2014 City Council Meeting. Continued Public Hearinq - Easement Vacations to Vacate Allev and Easements in the Plats of Sprinq Green South and Reqistered Land Survev No. 106 Thomas Burt introduced the agenda item. Thomas Burt answered questions from the Council. MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to continue the public hearing for consideration of the easement vacations for the plats of Spring Green South and Registered Land Survey No. 106 (The Three.Nine.Four. Apartments) to the December 3, 2013 City Council Meeting. Regular Meeting of the City Council November 19, 2013 Page 5 First Consideration - Ordinance #512 - Establishina 2014 Master Fee Schedule The following ordinance was MOVED by Scanlon, seconded by Pentel: ORDINANCE NO. 512, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing A 2014 Master Fee Schedule Sue Virnig, Finance Director, presented the staff report and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to adopt on First Consideration, Ordinance #512, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Announcements of Meetinqs A Bassett Creek Watershed Management Commission meeting will be held on November 20, 2013 at 8:30 am. Some Council Members may attend the Human Rights Commission Movie Night which will be held on November 21, 2013 at 6:30 pm at City Hall. The Health & the Bottineau Transitway will be held on November 21, 2013 from 6:30- 8 pm at the U of M Urban Research & Outreach-Engagement Center (UROC), 2001 Plymouth Avenue North. Some Council Members may attend the Bottineau Transit Meeting on November 25, 2013 at 10 am the Brookview Community Center. The city offices will be closed on November 28 and 29, 2013 in observance of thanksgiving The next City Council meeting will be held on December 3, 2013 at 6:30 pm. Some Council Members may attend the Bassett Creek Regional Trail open house on December 11, 2013 from 5-7 pm at Courage Kenny. Some Council Members may attend the Planning Commission/Board of Zoning Appeal Holiday on December 18, 2013 at the Brookview Grill. Some Council Members may attend the Golden Valley Business Council meeting on November 27, 2013 at 7:30 am at Byerly's. Regular Meeting of the City Council November 19, 2013 Page 6 Announcements of Meetinqs - Continued Some Council Members may attend the Golden Valley LIVE event at Outtakes Bar & Grill on December 3, 2013 at 6:30 pm. Mavor and Council Communications Mayor Harris updated the Council on the National League of Cities Conference he attended. After discussion the Council requested staff to provide the audio-recordings of the Council/Manager Meetings on the website. Staff will provide the recordings on the website and report back to the Council future plans for the upgrading of the Council Conference Room. Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 7:58 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant G�� . � City Administration/Council �� _ _ _ _ 763 593 3991 /?63 593 8109(fax) �. Ii1NiIIi... .. N04!it�!IINfl. ..� Fl��9�.'�'�'P�.y'�.'y"E.-�F<4a�'".H��.�.'£$:_.��£�.2�� "�`°St:N..:. . ',�m .,;§ . .' �f�.-.� Y.. ..�re: . vo`_,k,..._._ , u .'.k�'s._. �F:2^'�". Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. A. Set Time and Place of Agenda Closing Prepared By Judy Nally, Administrative Assistant Summary At the first meeting of every year the City Council sets the time and place for receipt of any public information for the City Council agenda packet. Recommended Action Mation to set the closing time and place for receipt of public information for inclusion in the Council agenda packet as 4:30 pm on the Wednesday preceding the Council meeting in the City Manager's Office. �� ,, Finance Department 763-593-8013/763-593-8109(fax) �a� -- � . �. ,.,_ . ..� ��'�°�,��- �. ._ �r�_ Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. B. Designation of Depository for City Funds Prepared By Sue Virnig, Finance Director Summary State Law requires cities to have depositories for city funds approved annually. The attached resolution states the depository, accounts, and signature requirements for each account. Attachments • Resolution Designating Depository for City Funds (2 pages) Recommended Action Motion to adopt Resolution Designating Depository for City Funds. Resolution 14-1 January 7, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY FOR CITY FUNDS WHEREAS, Minnesota Statutes set procedures and require the City Council to designate depositories for City funds; WHEREAS, these statutes allow the City Council to authorize the Accounting Coordinator or Finance Directar/Treasurer to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and WHEREAS, Wells Fargo Bank Minnesota, N.A., wires transfer funds to below institutions for investments purchased by the City: BNC National Bank Central Bank Piper Jaffray Companies RBC-Dain Rauscher Sterne Agee & Leach US Bank Venture Bank Wells Fargo 4M Fund BE IT FURTHER RESOLVED that the following signatories or alternates are authorized to be signatories on checks drawn on funds deposited: 1. General Checking: Mayor or Mayor Pro Tem and Treasurer or Accounting Coordinator; Each check requires two (2) signatures. 2. Internal Deposit Funds: (Motor Vehicle Registration Fund Checking, DNR Transaction accaunt) Transfers may be made by the City Treasurer and Accounting Coordinator to the State of Minnesota, DNR and City of Golden Valley General Checking; Deputy Registrar may make transfers between accounts (Motor Vehicle Registration Fund and DNR Account) and to the State of Minnesota for deposits. 3. Imprest Fund Checking: (Park and Recreation, City Activity Account, Brookview Golf Course and Brookview Golf Activity): Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change or authorization and each check shall require one (1) signature. Resolution 14-1 - Continued January 7, 2014 4. ACH Transfers: (City of Golden Valley General Account): Will be authorized for the Accountant, Accounting Coordinator or Finance Director/Treasurer for payroll transfers created by the Payroll System. Will be authorized for the Utility Billing/Accounts Payable Technician, Accounting Coordinator or Finance Director/Treasurer for such accounts set up on ACH account payment types created by the Utility Billing System. Will be authorized for the Accounting Coordinator and Finance Director/Treasurer will be authorized to make transfers to the Investment firms or electronic payments authorized. BE IT FURTHER RESOLVED that the following shall be authorized to make investments of city funds and shall be authorized to deposit the principal of said investments in the above named depositories as necessary and beneficial to the City: City Manager, Finance Director/Treasurer and Accounting Coordinator. The City Clerk is authorized and directed to furnish each of the depositories with certified copies of this resolution along with such signature documentation as is required by the depository and the authorizations set forth in all above. Shepard M. Harris, 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 his signature attested by the City Clerk. �� ity Administration/Council 763-593-3991 /763-593-8109(fax) �� .., ._ ,.. „�..w. �.� _a,�� ,: : Executive Summary For Action Golden Valley City Council Meeting lanuary 7, 2014 Agenda Item 4. C. Designation of Official Newspaper Prepared By Judy Nally, Administrative Assistant Summary In accordance with Minnesota Statutes the Council must delegate a newspaper of general circulation in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids, etc. are required to be published. Recommended Action Motion to designate the New Hope/Golden Valley SunPost as the official newspaper. �� Finance Dep�artment 763-593-80131763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. D. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the 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. �� . ;t�,. City Administratian/Cauncil 763-593-3991 /763-593-81 f39(fax) :�� - . :� �� .n �- . _ . w_ ... . � _. �,� �_ . _ Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. E. 1. Solicitor's License- Republic Services Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products,taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments • Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Republic Services. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: , eddl r Solicitor ircle one) Enclose the sum of$ for � number eddlers/solicitor a . —�� ( ) p s s required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtai ing this license. ' Gl /�, (1 �� S (Business or Individual N e or Organization to be Licensed) �ll � I h°� �� (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business �� r f /��1 �� (Corporation, Proprietorship, art ership, Non-Profit, State of Incorporation or Individual) ��C �v��C�� (Address) � � ��,�' / City, State and Zip Code � � -�G � ` z�C�-'� (Telephone Number, including Area Code) NOW, THEREFORE, hereby makes application for (Applicant Name) period of � W ` through 12/31/�, subject to the conditions and provisions of said City Cod . �� (Sign ure Applie Prm ipa fficer) � Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): � �l/) l�b��G`l 1/1G � V /l�! ' UUr�! '/ � NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who wili be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: �`C ��Z U � �P � !x��K c G�� l r a � (If more space is needed, attach additional sheets) STATE OF I�ll'rVl'��" ) ) ss. COUNT O ��Ylv1��) I, � � � �l �'f� of � � � �✓ " (� � ( ff cer/Individu ) (N e of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. f / Signa e of Applic t/Prin pal Offi er) Subscribed and sworn to before me this 3�� day of �1'i�t, , 20 �� " ,,+'��-�=��,a,��,�� `� � rt�, ef�JSJ&�gt q q Y & � • i• S—Y;�e. 3'8".rS��r, (Signature) �� r��v��, -�r .��r� �.,�` �,��"° r� .�,��gti y�rtrmt�€x�r�s,�,.�t,z;�t5 .� ��*ae Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals October 22, 2013 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, October 22, 2013 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Maxwell called the meeting to order at 7 pm. Those present were Members, Fonnest, Johnson, Maxwell, Nelson and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes —August 27, 2013 Regular Meeting MOVED by Nelson, seconded by Fonnest and motion carried unanimously to approve the August 27, 2013 minutes as submitted. II. The Petition(s) are: 4615 Roanoke Road Kent Ashlev & Gina Berthiaume, Applicants (13-09-19) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(a) Side Yard Setback Requirements • 5 ft. off of the required 20 ft. to a distance of 15 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a second story addition on a portion of the existing house. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(B) Height Limitations • 1.5 ft. taller than the allowed 25 ft. for a total height of 26.5 ft. along the front (street side) of the property. Hogeboom explained the applicant's request to build a second story addition on the north side of the existing home. He explained that the side yard setback requirement for this property is 15 feet. However, the side yard setback increases once the height of the house is greater than 15 feet, so in this case, the side yard setback requirement for the second story addition is 20 feet. He also explained that the applicant is asking for a variance for the height of the house to be 1.5 feet taller than the allowed 25 feet (for a flat roofl along the front (street side) of the property. Nelson asked about the height regulations for a house with a pitched roof. Hogeboom said a pitched-roof house can be 28 feet in height as measured to the midway point of the highest gable. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 2 Dave Johnson, representing the applicant, explained that the architect drew the plans the way they are shown in order to match the rest of the home. He said he realized the proposat would need a variance while going through the building permit process and they considered several other design options but they will not work. Maxwell asked if the second floor addition would be flush with the wall of the first floor. Dave Johnson said yes. He explained that they considered a design that met the setback requirements for the proposed second story, however, it took away the ability to install a staircase to access the second floor. McCarty asked if the variance request regarding the height would still be needed if the side yard setback requirement was met. Dave Johnson said yes and stated that only a smalt section of the proposed second story addition is too tall. Nelson asked if the current home is a two-bedroom home. Kent Ashley, Applicant, stated that it is a three-bedroom home. Two of the bedrooms are on the main level and one is downstairs. Dave Johnson added that the applicant has a growing family and needs more space. Maxwell explained the criteria the Board considers when reviewing variance requests. He said he understands that the applicant can't change where the existing house sits or when it was built. Ashley explained that due to the slope of the lot only about two feet of the house is taller than 25 feet. Dave Johnson added that the backyard is fairly flat and the neighbors are a considerable distance away and have no windows facing this house. Nelson referred the criteria the Board must consider and stated that she feels the variance is in harmony with the purpose and intent of the ordinances, the variance is consistent with the Comprehensive Plan, the request is reasonable, the slope of the lot is a unique circumstance and the variance won't alter the essential character of the locality. She added that any other type of design would have the same impact. Andy Johnson asked the applicant why he couldn't add on to the back of house instead of adding a second level. Ashley stated that they have an existing patio they'd like to keep. Also, the neighboring backyards are open and building into the backyard would be more impactful to the neighbors. He added that there would also be added costs and existing windows would be covered. He reiterated that they have extensively explored other options. Maxwell asked if there are trees in the backyard that would need to be removed. Ashley said yes, there is at least one large oak tree and a lot of landscaping that would have to be removed if they added on to the back of their house. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Fonnest said thinks the proposal is completely understandable and acceptable. McCarty agreed and said that since the second floor addition is staying on the same plane as the existing house he doesn't think there will be a big impact on the neighboring properties. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 3 MOVED by Nelson, seconded by Fonnest and motion carried unanimously to approve the following variance requests: • 5 ft. off of the required 20 ft. to a distance of 15 ft. at its closest point to the side yard (north) property line to allow for the construction of a second story addition on a portion of the existing house. • 1.5 ft. taller than the allowed 25 ft. for a total height of 26.5 ft. along the front (street side) of the property. 1315 Angelo Drive Mohammad & Mariam Vedadi, Applicants (13-09-20) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3(b) Side Yard Setback Requirements • 9.5 ft. off of the required 12.5 ft. to a distance of 3 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a garage/bedroom addition to the existing house. Hogeboom stated that the applicant currently has a one-stall garage and is seeking a side yard variance in order to expand the garage with living space above. He explained that the applicants received a variance for the same proposal in 2009, however, it was not acted upon so it expired after one year. Maxwell asked about the size of the proposed garage addition. McCarty noted that the application states that the new garage will be 12 feet wide. Nelson noted that the variance granted in 2009 allowed the garage to be 4.5 feet from the north side yard property line. Hogeboom agreed and added that the north wall of the existing garage is not parallel with the property line so the proposed new garage would be further away from the property line at the back corner. Fonnest asked about the width of the lot at the front of the garage. Hogeboom stated that the lot is approximately 75 feet wide at the front. Maxwell explained to the applicants that since their previous variance approval in 2009 the laws regarding variances have changed. The Board no longer considers hardships they have to consider practical difficulties. He asked the applicants what they consider to be unique about their property. Lynne Shears, White Crane Construction, representing the applicant, explained that any addition to the garage would encroach into the setback area. She noted that the property backs up to a wetland area so building further back on the lot is not desirable. She added Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 4 that the existing garage is also a one-stall tuck under with a slope on the north side which makes it more complicated. Mohammad Vedadi, Applicant, explained that the initial survey from 2009 showed that they had 12 feet of side yard area along the north side of the property. At that time they were granted a variance to build a garage addition 4.5 feet from the north side property line. After the variance was approved they realized that the variance they received would only allow them to construct a 19-foot wide garage which would not work and would not be functional. Shears explained that there are multiple issues regarding the construction of the garage. The ceiling height is only 7'2" and when the retaining wall is taken out they will need beams and posts where the cars would be parked. Vedadi stated that in 2009 they did not hire an architect before they requested a variance and now they realize that the request they made in the past was not plausible. He added that the survey has been corrected since then and that they have 15 feet of side yard area along the north side of the property where they thought they had 12 feet. Maxwell asked the applicant if the existing exterior structural block wall will be removed. Shears said no and explained that that wall has to bear weight so it can't be removed but there will be a partial opening of the wall between the two garage stalls. McCarty stated that removing the entire wall between the garage stalls and adding columns would make the space more open. Shears agreed that they could add columns but it would be difficult to park cars in the space. McCarty said he is trying to understand what is different with this proposal than the one approved in 2009. Vedadi stated that the key difference is that in 2009 they didn't realize that the size of the garage they were granted approval to build would be too small to be functional and that they wouldn't be able to open their car doors. Shears added that the garage still needs to be a retaining wall which is restrictive. Fonnest referred to the photos submitted with the application and asked if the tree shown to the side of the existing garage would be impacted by the proposed new addition. Vedadi stated that the design won't hinder the tree but that they might remove it because it is unhealthy. Fonnest asked if the neighbor's tree will be impacted. Vedadi said that tree is no longer there because it was lost during the last storm. Vedadi said the question is whether to expand their garage or move. He stated that the house with one garage stall will be very difficult to sell or will devalue it significantly. He said they want to stay in their house and it will be more valuable with a two-stall garage. Shears agreed that a two-stall garage is more appropriate for this neighborhood. Maxwell opened the public hearing. Hearing and seeing no one wishing to comment, Maxwell closed the public hearing. McCarty said this is a difficult request in his opinion and he's not sure he understands the dimensions that have been discussed. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 5 Johnson stated that the proposed garage won't alter the character of locality but he didn't see any other homes in the area that were this close to the side yard property line and were as tall as the propased addition would be. McCarty agreed that the proposed addition is close to the property line but that he would like the applicants to be able to have a second garage stall. Nelson agreed that a second garage stall is important and will be an improvement to the property. She stated that the proposed new garage addition would only be 3 feet away from the property line at its closest point and will get further away from the property line as the garage goes back. She added that this property should have a two-stall garage and where they are proposing to build it is really the only the place they can. Vedadi stated that their existing garage is 12 feet wide inside and their car doors can only be opened about 50 to 60% of the way. He stated that if they build the proposed second garage stall any smaller they literally won't be able to open their car doors. Johnson stated that a 2-story, 20-foot long wall that is 3 feet away from the property and has never been there before is going to have an impact on the neighboring property. Shears stated that the house on the neighboring property is 17 feet away from the property line and that there will still be 20 feet between the two homes. Vedadi stated that only 9 feet of the garage is above ground so the new addition won't be 20 feet tall. Also, it won't be just a garage sitting there if will be a full house addition which will be visually more pleasing. McCarty said a deck on top of a flat roof garage might not be as impactful. Nelson noted that the Board has given similar variances for garage additions in the past. McCarty said he is still struggling to figure out the math and what exactly changed between this proposal and the one approved in 2009. Vedadi explained that in 2009 they thought there was only 12 feet of side yard space available. The survey has since been updated and they really have 15 feet of side yard space available. McCarty questioned how the plans are different. Vedadi said the plans are essentially the same but the variance granted in 2009 didn't work because the variance they were granted would not allow them to build a wide enough garage. He stated that this proposal is not bigger and still has the same amount of interior space. Shears reiterated that everyone thought the plans approved in 2009 would work, but it turned out the garage addition as approved then was not buildable. Maxwell said he thinks homeowners should have a two-stall garage if possible. He stated that the applicants tried to make the original variance they were granted work but it was not possible. He said he thinks the applicant's plan is reasonable and is consistent with the Comprehensive Plan. He added that where the house sits on the lot is unique, this applicant didn't build the house originally and that tuck under garages create certain issues. He said he thinks a two-stall garage is more essential to the character of locality than a one- stall garage. Nelson agreed. She said she wishes the proposed second garage stall wasn't so close to the property line but that the Board has approved similar variances for garage space in the past. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 6 Johnson stated that this proposed addition is potentially impacting what the neighboring property can do to their house in the future and reiterated that there will be an imposing wall atong the north property line that doesn't exist now. McCarty said it seems like the applicant would only need a 4.5-foot variance because they gained 3 feet of side yard space with the amended survey. He said he knows that having only one garage stall is difficult but he is not sure what the cost of a allowing a two-stall garage will be to the neighbor. Nelson said if the proposal was for anything other than garage space she would agree. Fonnest asked the applicant if his variance request is all or nothing. Vedadi said yes because if they build it any further away from the side yard property line they would end up with a very small, non-functioning space. Fonnest said he agrees that this is not a perfect situation but that most properties in this neighborhood have a two-stall garage so he is supportive of the applicant's request. MOVED by Fonnest, seconded by Nelson to approve the variance request for 9.5 ft. off of the required 12.5 ft. to a distance of 3 ft. at its closest point to the side yard (north) property line to allow for the construction of a garage/bedroom addition to the existing house. McCarty stated that this proposal is really more than a garage it is a second story as well. He reiterated that he thinks a flat roof deck over the garage would be less impactful and would still get the applicant a second garage stall. Maxwell stated that it is a tuck under garage so it is like adding basement space, not a tall second story. Nelson said she thinks that building a garage with no living space above it would be a negative. Maxwell agreed with Nelson. The motion carried 3 to 2. Maxwell, Fonnest and Nelson voted yes. Johnson and McCarty voted no. 3900 Glenwood Avenue David Strand, Applicant (13-09-21) Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(1) Accessory Structure Location Requirements • The proposed pool would not be located completely to the rear of the principal structure as required. Purpose: To allow for the construction of a pool. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 12(A)(1) Accessory Structure Location Requirements • The proposed pool house would not be located completely to the rear of the principal structure as required. Purpose: To allow for the construction of a pool house. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 7 Hogeboom reminded the Board that this applicant received variances at the August Board of Zoning Appeals meeting in order to build a new house on the property and to locate a pool and a pool house in front of the home instead of behind the home as required. He stated that as the applicant got further along in the design process he realized that the location of the pool and pool house needed to change slightly. Since variances are based on the plans submitted, the applicant is now requesting new variances based on the changes he is proposing. David Strand, representing the applicant, stated that the existing house has been removed. He explained that he is proposing to move the pool and pool house further west on the property. He referred to a site plan and pointed out the location of the pool and pool house on the previous plans and on the proposed new plans. Maxwell asked why the location of the pool and pool house need to change. Strand stated one reason is that there is an electrical pole that would cost between $5,000 and $15,000 to move. He said another reason is that an auto pool cover only works on a rectangular pool and the pool they proposed in the past was L-shaped. Kelly Phillips, Applicant, added that moving the pool to the west helps them get out of the tree canopy as well. Nelson asked if the location of the pool is the only thing changing. Strand explained that they are proposing to move the pool to where the pool house was and to move the pool house closer to the driveway. McCarty asked if the pool house will be the same size. Strand said yes. He explained that once the house was removed and the grade was discovered they realized they were cramming the pool too close to the park. He noted that the pool will still be located 56 feet away from the front property line. Johnson referred to the application where it states that there is a big grade difference on the property and asked what that means. Strand explained that a person looking at the house from the street won't be able to see the pool or the pool house. Phillips added that the goal is the meld the look of their property into the park. Fonnest asked how far to the west the pool and pool house are shifting. Strand stated that the pool house would shift approximately 22 feet to the west and that the pool would shift approximately 17 feet to the west. He added that the pool house would still be located approximately 30 feet from the side yard property line. Nelson asked about the pool house dimensions. Strand said the dimensions of the pool house are 12' x 26'. Hogeboom noted that if the pool house was behind the main house it could be located 5 feet from the side and rear yard property lines and the only reason the applicant is asking for variances is because the location of the pool and pool house have changed since the previously approved proposal. Stand added that the neighboring property owners are supportive of the proposed new location of the pool and pool house. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 8 Strand stated that he doesn't want his client penalized for his exploring and uncovering more facts that they didn't know the last time they were before the Board. He said that the plan they are currently proposing functions better and should have been the plan they brought to the Board originally. McCarty said he likes the architecture but he is still concerned about placing the pool in the front. He said he doesn't understand why the house can't be moved forward on the lot and be less impactful to the neighbors instead of the park. Strand said they did consider that and other options but the plan currently being proposed is the least impactful and intrusive to the neighbors. Nelson said she has the same concerns that she had last time they considered variances for this property. She said that this proposal is nice but she is concerned about the next person who asks for an accessory structure in the front yard and that their proposal might not be as attractive. Johnson stated he understands Nelsons concerns but this property is unique and the design seems practical and there really isn't anyone impacted by this proposal. Maxwell agreed and noted that there are many properties on Glenwood Avenue that have accessory structures (garages) in front of the house. Nelson said she thinks a garage in front of a house is different than a paol house. She also noted that in this new proposal the pool and pool house will be closer to the neighbors to the west. Phillips reiterated that the pool house will be 30 feet away from the west property line and added that they could build a two story house 15 feet away from the side yard property lines. Johnson asked about the fence height requirements. Hogeboom stated that in this case, the fence can be 6 feet tall around the entire property. Johnson asked about the height of the proposed pool house. Strand said the pool house is 10 feet tall. Johnson said there will be a total of 4 feet of the pool house that is not screened by fence and the property is unique because no one will be able to see it. Maxwell opened the public hearing. Seeing and hearing no one wishing to comment, Maxwell closed the public hearing. Johnson said he thinks this is a creative, good use of space and the impact on the neighborhood is less than it was with the previous house. Nelson said she thinks the design is beautiful but she is concerned about setting precedent for future requests regarding accessory structures in front yards. MOVED by Johnson, seconded by Fonnest and motion carried 3 to 2 to approve the following variance requests. Members McCarty and Nelson voted no. • The proposed pool is not required to be located completely to the rear of the principal structure. • The proposed pool house is not required to be located completely to the rear of the principal structure. Minutes of the Golden Valley Board of Zoning Appeals October 22, 2013 Page 9 III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:40 pm. George Maxwell, Chair Lisa Wittman, Recording Secretary MINUTES Human Rights Commission (HRC) City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Conference Room November 26, 2013 Commissioners present: Andrew Snope, Chair Adam Buttress, Vice-Chair Jonathan Burris Brian Cook Carla Johnson Payton Perkins Commissioners absent: Christopher Jordan Ethan Meirovitz Debra Reisner Staff Liaison: Chantell Knauss Assistant City Manager The meeting was convened at 6:41 pm by Chair Snope. Approval of October 22, 2013 Minutes Motion by Commissioner Burris, second by Commissioner Cook to approve the minutes. Motion carried 6-0. Review of HRC Conversations "MN Nice?" There was a total of 23 attendees, including Council Members and HRC Commissioners, but not including the panelists or staff. The attendance included two HRC Commissioners from the City of Crystal. Commissioners and staff heard a lot of positive comments from attendees about the event. Chair Snope reported there was a lot of information out on social media sites to advertise this event, in addition to the City website, reader board, and the article in the SunPost. Commissioner Cook suggested that speakers/panelists for future events be asked to steer away from political advocacy of any particular issue, unless the HRC takes a position on proposed legislation. 2014 Work Plan Discussion In addition to the discussion at the Worksession, a suggestion was made to have outside presenters at HRC regular meetings, possibly from the State or other city HRCs, to be informed of what activities other organizations in regard to human rights. Human Rights Commission November 26,2013 Meeting Minutes Page 1 of 2 It was the consensus of the Commission to finafize the 2014 Work Plan and see if it can be placed on the January 14, 2014 Council/Manager Meeting, along with the 2013 Annual Report. Human Rights Campaiqn 2013 Municipal Equality Index Report The Report is an evaluation of large cities throughout the U.S., on their laws and policies and an examination of how inclusive city services are of LGBT people. Three cities in Minnesota were evaluated: Minneapolis, St. Paul and Rochester. Out of a 100 point scale, Minneapolis scored 100, St. Paul 96 and Rochester 66. The full Report can be viewed at http:/lwww.hrc.orq/files/assets/resources/MEI 2013 report.pdf. December 17, 2013 Meeting Date There was discussion as to the December 17 meeting time. Originally, the meeting was scheduled to start at 6:30pm; however the City Council meeting also starts at that time. Motion by Commissioner Burris, second by Commissioner Buttress to have the December 17, 2013 HRC meeting from 5:30-6:30pm. Motion carried 6-0. Adjourn Motion by Commissioner Gook, second by Commissioner Burris to adjourn the meeting at 7:12 pm. Motion carried 6-0. Follow-up Items: • Commissioners need to bring their ideas for their suggested 2014 annual theme(s) and for events related to that theme for the December 17, 2013 meeting. Respectfully Submitted, Chantell Knauss Assistant City Manager Human Rights Commission November 26,2013 Meeting Minutes Page 2 of 2 MINUTES Human Rights Commission (HRC) City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Conference Room November 26, 2013 Worksession Commissioners present: Andrew Snope, Chair Adam Buttress, Vice-Chair Jonathan Burris Brian Cook Carla Johnson Payton Perkins (arr. 6:20pm) Commissioners absent: Christopher Jordan Ethan Meirovitz Debra Reisner Staff Liaison: Chantell Knauss Assistant City Manager The Worksession was convened at 5:40 pm by Chair Snope. 2014 Work Plan Discussion The HRC discussed the three main areas they would like to focus when considering the purpose and goals in regards to planning an event or considering an issue: • Safety • Respect • Welcoming When planning an event and considering or discussing issues the HRC wants to encourage the participation of non-commission members and partner with other similar commissions and agencies. The HRC discussed hosting three recurring annual events: • Martin Luther King Junior day of service event • LGBT Pride event • Patriot day/Veterans day event Commissioner Johnson suggested the HRC consider participation/involvement in the annual PRIDE Festival. Commissioner Perkins arrived at the meeting. Human Rights Commission November 26,2013 Worksession Minutes Page 1 of 2 The HRC discussed hasting events with an annual theme. The ideas would be that at the end each year, the HRC would pick an issue to focus on as a general theme as part of the work plan for the following year. The Commission may plan one to three discussion/participation events that will focus on specific parts of that general theme. As an outline, the HRC would incorporate the following criteria when considering these theme topics: • Identifying partners to participate with in developing an action plan around this topic; • Creating events to develop community discussion and awareness around the topic; • Promoting the topic, identifying the means to get the message out and encouraging participation; • Creating an avenue to develop a continued means of continued discussion around the topic; • Establishing clear outcome expectations for an event. Topic ideas included: Elder abuse, religious freedoms, human trafficking, disability discrimination/awareness, hunger; housing, nationality/race discrimination, domestic/relationship violence, access to education. Commissioner Cook suggested that each in the planning stages for an event, the HRC identify the goal/outcome they would like achieved from the event. Ad'ourn Motion by Commissioner Cook, second by Commissioner Burris to adjourn the meeting at 6:40 pm. Motion carried 6-0. Respectfully Submitted, Chantell Knauss Assistant City Manager Approved by HRC: Human Rights Commission November 26,2013 Worksession Minutes Page 2 of 2 GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes October 28, 2013 1. Call to Order Sandler called the meeting to order at 8:28 PM. 2. Roll Call Present: Roger Bergman, Bob Mattison, Gillian Rosenquist, Jerry Sandler, Dawn Speltz, Dan Steinberg, Joanie Clausen, Council Member, and Rick Birno, Director of Parks and Recreation. Absent: John Cornelius, Kelly Kuebelbeck and Anne Saffert. 3. Ap�roval of Minutes — September 23, 2013 Sandler made an addition to Election of New Chair; Cornelius seconded the nomination for Bob Mattison for Chair. Mattison made a correction under Call to Order; Mattison was removed from those present. He was not in attendance at the September meeting. Berman asked that under Brookview Playground Equipment, we add that the existing equipment is 18 years old and the normal life of such equipment is about 13 years old. MOTION: Moved by Bergman and seconded by Rosenquist to approve the amended September 23 meeting minutes. Motion carried unanimously. 4. Bottineau Planninq Advisorv Gommittee Update Rosenquist shared the needed for continued public engagement. She suggested more open houses and resident engagement.to keep people informed on the entire project and planning. Rosenquist also expressed the importance as a Commission to be cognoscente as to how the project could affect parks and open spaces and help keep the public engaged and informed. Clausen added that as a city, we are responsible to keep residents informed as to what is happening in our city. She also added that residents also need to take responsibility and be sure they are in tuned with whaYs happening. MOTION: Moved by Steinberg and seconded by Rosenquist to recommend to the Council a community Q &A meeting. Motion carried unanimously. Mattison suggested the Commission decide which site is more desirable and advise the City Council. Minutes of the Open Space and Recreation Commission October 28, 2013 Page 2 Steinberg said the next committee meeting is Thursday, December 5. Rosenquist added that the committee is also taking a walking tour along the corridor on Saturday, November 9 and ride along on Saturday, November 16 along the Hiawatha Line LRT to get a feel for a light rail experience. 5. Lawn Bowlinq Green at Brookview Golf Course Proposal Birno distributed information about the proposed lawn bowling greens at Brookview Golf Course. He explained how the project would be funded and projected revenues. He said they plan to pursue sponsorships from area businesses, which could offset some of the project costs. He said the goal is to create opportunities for all ages through leagues, daytime senior opportunities, youth summer opportunities, hourly rentals and corporate outings. He said they hope to pick up the overflow from other lawn bowling venues. Birno explained the greens will be built where the existing parking lot is located on the north side of the clubhouse. It will feature 6 courts that will be 120' long and 14-16' wide. Birno also shared the proposed project timeline with play beginning mid-summer 2014. MOTION: Moved by Bergman and seconded by Rosenquist to support the proposed lawn bowling project. Motion carried unanimously. 6. Election of New Chair-- Bob Mattison Sandler asked for other nominations for Chair. No other nominees stepped forward. MOTION: Moved by Sandler to elect Bob Mattison as Chair. Motion carried unanimously. 7. Election of New Vice-Chair MOTION: Moved by Speltz and seconded by Rosenquist to elect Rosenquist as Vice-Chair. Motion carried unanimously. Sandler congratulated Mattison and Rosenquist. Clausen thanked Sandler for serving as Chair and added what a great job he's done. Minutes of the Open Space and Recreation Commission October 28, 2013 Page 3 8. Updates Brookview Play Structure Plan Review/Gametime grant award Birno will be bringing the proposal to Council for a formal approval to move forward. He explained they applied and received a $72,000 grant from GameTime for the project. He also showed drawings and explained the proposed features and equipment. MOTION: Moved by Rosenquist and seconded by Bergman to recommend GameTime proposal. Motion carried unanimously. Additional play structure replacement/resident participation (Lions/Gearty/Glenview) Birno outlined the next steps for the new play structures at Lions, Gearty, and Glenview parks. A request for proposals will be sent to vendors to solicit designs for each park location. In January and February, the neighborhoods surrounding the parks will be invited to select the new design and color scheme of the new play structures. New play structures will be installed spring and summer of 2014. Wildwood Park play structure grant application/participation Birno presented the funding plan for Wildwood Park. The City has committed $15,000 and the SEA School has committed $15,000 to partner and apply for a Hennepin County Youth Sports Grant. The grant request is for $50,000 and notification regarding the application will be in late December. The play structure replacement at Wildwood Park is contingent upon the grant being awarded from Hennepin County. If successful, staff will work with the school community and surrounding neighborhood on a design for the new play structure at Wildwood Park. Golden Valley/St. Louis Park Soccer Association Birno said the two organizations are merging. He plans to invite the President to a future meeting for an update. 9. Adiournment M4TION: MOVED by Steinberg and seconded by Mattison to adjourn at 9:35 PM. Motion carried unanimously. Jerry Sandler, Chair ATTEST: Sheila Van Sloun, Administrative Assistant JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of October 2, 2013 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:32 p.m. in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Kirk McDonald, City Manager, New Hope Anne Norris, City Manager, Crystal Staff Present Tom Mathisen, City Engineer, Crystal Randy Kloepper, Utilities Superintendent, Crystal Bob Paschke, Direetor of Public Works, New Hope Bernie Weber, Utilities Supervisor, New Hope Jeannine Clancy, Director of Public Works, Golden Valley Jeff Oliver, City Engineer, Golden Valley Bert Tracy, Public Works Utility Manager, Golden Valley Kelley Janes, Utilities Supervisor, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Minutes of September 4, 2013 Meetinq MOVED by McDonald and seconded by Norris to approve the minutes of the September 4, 2013 meeting as presented. Motion carried. � Amendment to Minneapolis Water Aqreement Scott Harder, EFG, Inc., informed Chair Burt that Minneapolis has made additional changes to the amendment since it was distributed. Burt and Harder will discuss the changes with Bernie Bullert, City of Minneapolis Water Works. Harder provided a supplemental services agreement to conduct a review of the proposed City of Minneapolis water rates and to participate in related discussions and negotiations on behalf of the JWC. The supplementary services agreement will include a letter to the JWC summarizing all the changes made to the amendment for the JWC commissioners to present to city councils. MOVED by Norris and seconded by McDonald to approve the supplemental services agreement with EFG, Inc. to conduct a review of the proposed City of Minneapolis water rates in the amount of $5,600. Motion carried. Consider TAG Recommendation on Desiqn Consultant Selection — JWC Emerqency Backup Water SupplY Plans and Specs, Award Contract Proposals were received from five consultants. The TAC ranked the proposals and Bolton & Menk ranked the highest. Mathisen recommends approval of the proposal and direct the TAC to negotiate the contract with Bolton & Menk to develop plans and specifications. The TAC will bring a contract to the November 6 JWC meeting for approval. Joint Water Commission October 2, 2013 Page 2 of 3 MOVED by McDonald and seconded by Norris to direct staff to negotiate a contract with Bolton & Menk, Inc. in the amount of$128,035 to produce all design drawings, specifications, and bid documents necessary to build the emergency backup water supply. Motion carried. Update on Countv Road 9, JWC Pipeline Proiect, and Generator for Crvstal Reservoir • County Road 9 Update. Mathisen reported another utilities meeting with Hennepin County took place and they discussed how the project will be staged. Mathisen said they are working with Stantec now on the design of some parts (i.e., valves) that may need to be purchased prior to the project start up in late April/early May. • Generator for Crystal Reservoir. Based on the power outage during the June 21-22 thunderstorms and the probability of that occurring again, the JWC directed the TAC to look into specifics for a backup generator for the Crystal reservoir and report back to the JWC. The planned work for the CSAH 9 construction will include modifications to the York Avenue metering vault requiring the supply line out of service for a period of time during peak JWC consumption months. Golden Valley is recommending the purchase of a 1,000 kW generator in the event of a power failure while the modifications are made to the York Avenue value. Golden Valley is also recommending that modifications be made to the supply line piping and meters at the Crystal reservoir to continue to utilize the storage available at that facility. Chair Burt directed the TAC to determine what is needed and the type of generator to purchase. MOVED by McDonald and seconded by Norris to direct the TAC to solicit design services and quotes for a generator and plan of operation for the Crystal Reservoir during construction of the CSAH 9 project and present for approval at the November 6, 2013 JWC meeting. Motion carried. Crystal Reservoir Fencinq The following three quotes were received for installation of security fencing at the Crystal reservoir: Midwest Fence $55,633.78 Town and Country Fence $56,850.00 Century Fence $89,904.32 Midwest Fence had the lowest bid and Kloepper recommends approval of the proposal for $55,633.78. The project was planned for and $70,000 was budgeted in the 2013 CIP. The project will start in about three weeks. MOVED by McDonald and seconded by Norris to approve the proposal from Midwest Fence in the amount of$55,633.78 to provide and install a security fence at the Crystal reservoir. Motion carried. Joint Water Commission October 2, 2013 Page 3 of 3 Next Meetinq The next scheduled meeting is November 6, 2013 at 1:30 pm. Adiournment Chair Burt adjourned the meeting at 1:58 p.m. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary '�� er�,� Item 4A BCWMC i 1-20-13 ' Bassett Creek Watershed Management Commission � � Minutes crf Speci�l Meeti�g ,� �� : i �ctciber 1�,�A13 � Golden V�illey�it�Hall,8.�t�a m,F_`° Commissioners and Staff Present: Crystal Alternate Commissioner Guy Robbinsdale Not represented Mueller Golden Valley Commissioner Stacy Hoschka, St.Louis Park Commissioner Jim de Lambert,Vice Treasurer Chair Medicine Commissioner Clint Carlson Lake Administrator Laura Jester,Keystone Waters LLC Minneapolis Commissioner Michael Welch Attorney Charlie LeFevere,Kennedy&Graven Minnetonka Commissioner Jacob Millner, Engineer Karen Chandler,Barr Engineering Co. Secretary New Hope Commissioner John Elder Recorder Amy Herbert Plymouth Commissioner Ginny Black, Chair Technical Advisory Committee(TAC)Members/Other Attendees Present: Perry Edman, TAC, St.Louis Park Tom Mathisen,TAC,CiTy of Crystal Joe Fox,TAC,City of Golden Valley Jeff(Jliver,TAC, City of Golden Valley Chris Gise, Golden Valley Resident John O'Toole,Alternate Commissioner, City of Medicine Lake David Hanson,Alternate Commissioner,City of Golden Valley Bob Paschke,TAC, City of New Hope Justin Riss,Alternate Commissioner, City of St. Chris Long,TAC, City of New Hope Louis Allen Hill,BTO Development Corp. Liz Stout,TAC,City of Minnetonka Linda Loomis, BCWMC Next Generation Plan David Tobelmann,Alternate Commissioner, City of Steering Committee Chair Plymouth Eric Luth,BKBM Engineers 1 BCwMC October 17, 2013, Meeting Minutes 1. CALL TO ORDER AND ROLL CALL On Thursday,October 17,2013, at 8:32 a.m. in the Council Conference Room at Golden Valley City Hall, Chair Black called to order the meeting of the Bassett Creek Watershed Management Commission(BCWMC)and asked for roll call to be taken.The cities of Crystal,Minneapolis,Minnetonka, and Robbinsdale were absent from the roll call. 2. CITIZEN F�RUM ON NON4AGENDA ITEMS No citizen input[See agenda item 5]. 3.AGENDA Chair Black moved item 3 -Approval of the Agenda and item 4—Consent Agenda—to follow the New Business item—TAC Recommendations -because there was not a quorum of the Commission to take action on the items. [Thus,minutes reflect some items taken out of order.] S.NEW BiTSINESS A. TAC Recommendations i. City's Use of Commission Development Review Process Jeff Oliver provided an overview of the TAC's discussion of how each member city utilizes the Commission's development and review process. He said that the TAC will continue to discuss this item, and he pointed out that the TAC memo included in the meeting packet lists how each member city is using the development and review process. Administratar Jester provided a summary and reported that the Commission review process is not duplicative of the cities' review processes. She said that the cities find the Commission's process helpful and don't recommend making any large-scale changes �Commissioners Jacob Millner and Guy Mueller arrive.J ii. Feasibility Study Criteria Administrator Jester reminded the Commission that this past summer it directed the TAC to help develop and recommend criteria,or a set of elements,that each feasibility study would need to contain. She said that the 10 recommendations are listed on page 4 of the TAC memo in the meeting packet.Administrator Jester reported that the TAC members noted that in the cases where the cities fund the feasibility studies for Commission projects,the cities do not feel they are required to use the Commission's Engineer pool. Chair Black commented that her understanding is that that the pool was created for Commission use and cities are welcome to use it but it seems that it is already Commission policy that the cities aren't required to use the pool for the studies they fund. Commissioner de Lambert moved to approve the recommendations in the TAC memo. Commissioner Millner seconded the motion.The motion carried 6-0 [Cities of Minneapolis, and Robbinsdale absent from vote]. (Commissioner Michael Welch arrives.J 2 BCWMC October 17, 2013, Meeting Minutes iii. Summary Memo of XP-SWMM Jeff Oliver provided an overview of the TAC's status review of the XP-SWMM modeL He said that the item will come to the Commission at either the November or December meeting for discussion and consideration. 2. C�TIZEN FORUM ON NON-AGEIVDA�'TEMS Linda Loomis asked to re-open the citizen forum on non-agenda items. The Commission agreed.Ms. Loomis announced that Golden Valley resident Nancy Azzam would like to bring to the Commission's attention the service of Jon Ong,who has been active in involving his students in the River Watch program for many years. The Commission discussed recognizing the watershed's volunteers.Administrator Jester said that she would gather some information on other teachers involved in the River Watch Program,and Chair Black directed her to bring the information back at a future meeting. a. CONSENT AGENDA Commissioner Welch requested the removal of item 4G. Chair Black moved the item to the second item in New Business. Commissioner Welch moved to approve the Consent Agenda as amended.Commissioner de Lambert seconded the motion. Upon a vote,the motion carried 7-0 [City of Robbinsdale absent from vote]. [The following items were approved as part of the Consent Agenda:the September 19,2013,BCWMC meeting minutes,the monthly financial report,payment of the invoices, Resolution 13-06 Setting Time and Place of Regular Meeting, Approval of Three Nine Four Apartments and Senior Care Project in Golden Valley,and Approval to Pursue Delisting of Wirth Lake with MPCA] The general and construction account balances reported in the Financial Report prepared for the October 17,2013, meeting are as follows: Checking Account Balance $551,489.72 TOTAL GENERAL FUND BALANCE $551,489.72 TOTAL CASH&INVESTMENTS ON- $2,910,784.30 HAND (10/9/13) CIP Projects Levied—Budget Remaining ($3,042,113.04) Ciosed Projects Remaining Balance ($131,328.74) 2013 Anticipated Tax Levy Revenue $494,829.94 Anticipated Closed Project Balance $363,501.20 3. AGENDA 3 BCWMC October 17, 2013, Meeting Minutes Commissioner Mueller moved to approve the agenda as amended. Commissioner Welch seconded the motion. Upon a vote,the motion carried 7-0 fCity of Robbinsdale absent from vote]. 5.NEW Bi�SINESS(Continued) A.Approval of Plymouth City Center Medical Building Project in Plymouth Commissioner Welch asked for further information on the Commission Engineer's recommendation that the 0.36 acres of impervious surface that discharges offsite must be treated to Level 1 standards.Engineer Chandler provided information and reported that since the time that the memo was prepared,the Commission Engineer received updated plans showing that the entire site will be treated to Level 1 standards. She said that the Commission Engineer recommends approval of the project with no conditions. Commissioner Welch moved to approve the project. Commissioner de Lambert seconded the motion. Upon a vote,the motion carried 7-0 [City of Robbinsdale absent from vote]. B. Set Next TAC Meeting and Agenda Administrator Jester noted that the TAC proposes to meet on November 7`''. She noted there are items involving the Watershed Plan development still need TAC input including identifying some of the gray areas of the maintenance of flood control projects and developing a more succinct definition of the trunk system or changing the definition of the trunk system. She said that the TAC also needs to start discussing 2020 CIP projects.Commissioner Welch added that the whole process of adding items to the CIP should be discussed � as part of the Plan process and explained that when the Commission finalizes its new Plan it will finalize a new CIP, so at some point the Commission will need to have a comprehensive review of the 10-year CIP. Commissioner Welch said that he is interested in getting the TAC's view on the degree to which Bassett Creek has problems with gullies and small tributaries,sometimes defined as first-order streams,contributing sediment loads to the creek.He said that it seems that this discussion could be part of the TAC's discussion of the trunk system.The Commission agreed to the proposed date and time of the next TAC meeting and the proposed agenda items. C. Twin Lake In-Lake Alum Treatment Project. Administrator Jester reminded the Commission that this item was tabled from its September meeting and that the Department of Natural Resource's draft fish survey report was printed and included in last month's meeting packet and was also available online. She pointed out that Blue Water Science's report on the trapnet fish surveys of Sweeney Lake and Twin Lake were printed and included in this month's packet and was also available online.Administrator Jester gave an overview of the information. She reported that Steve McComas' opinion is that water quality in Sweeney and Twin lakes are not being impacted by the fish communities. Administrator Jester said that the Commission Engineer recommendation in the packet memo was to proceed with the alum treatment,but since the memo was written, staff received some preliminary data from the CAMP(Citizen-Assisted Monitoring Program)monitoring from this past summer. Engineer Chandler reported that the CAMP data is based on surface water sampling and this year's data chlorophyll and Secchi data(phosphorus data were still unavailable)shows better water quality than in the past few years. However, she noted that only limited data were auailable at this time. She explained that the alum treatment is scheduled for 2014,and she proposed to delay treatment until after the water quality results are available from next year's water quality monitoring of Twin Lake. 4 BCWMC October 17, 2013, Meeting Minutes There were questions and discussion about how much better the water quality was this year over the past years,reasons for the change,the timing of receiving the final CAMP monitaring results from this year, reasons to move ahead with the alum treatment in 2014,reasons to postpone the alum treatment until after the Commission's water quality monitoring of Twin Lake,and when the Commission would need to take action if it were to order the alum treatment for the fall of 2014. Commission Engineer noted it would take a very dramatic change in water quality in 2013 and 2014 to change the alum treatment recommendation. Chair Black directed staff to bring the item back in front of the Commission at the appropriate time. Mr. Oliver suggested researching to find if any of the alum treatment providers are on the state contract list because if one of those contractors are used then the project wouldn't be required to go out for bids. D. Update on "Legacy Restoration Evaluation" of Commission Projects that Received 2010 CWF Administrator Jester explained that last month the Department of Natural Resources(DNR)contacted her to talk about evaluating the projects that used 2010 Clean Water Funds. She reminded the Commission that they had two projects that used those funds,including the Plymouth Creek restoration and the restoration of a portion of Bassett Creek in Golden Valley. She said that the cities and Barr Engineering helped her gather the information needed and she sent it on to the DNR. Administrator Jester reported that yesterday she,Plymouth staff, Golden Valley staff,and DNR staff inet and walked those project sites to look at the different restoration methods employed. She said that the project evaluations will go to a restoration evaluation panel and then the information will go into a fiscal year 2010 report. She noted that a case study may be done on either of the projects and the Commission will be informed if this happens. 6. aLD Bus��v�ss A. Recommendation from Dispute Resolution Committee Dispute Resolution Committee Chair Jim de Lambert provided a summary of the Committee's three meetings, including a work session with the Crystal City Council,and the items discussed by the Committee. He said that he would like the Committee to meet one more time to develop a recommendation. Chair Black summarized the issues under dispute. There was discussion of the cities' schedules and the appropriate timeline for providing a recommendation to the cities.Attorney LeFevere pointed out that neither the Committee nor the Commission has the authority to decide the issue and said that the final recommendation would have more weight to it if it is from the full Commission rather than a few members of it.There was further discussion of ideas including incorporating land use as one of the factors that would go into the cost split. Commissioners de Lambert noted that an expeditious way to split up the study costs was needed. The Commission agreed that the Dispute Resolution Committee would meet to develop recommendations, would work with Attorney LeFevere to draft the recommendations in written form,and will bring the recommendations in front of the Commission in November. Chair Black directed commissioners to submit their comments to Attorney LeFevere. B. Update on Four Seasons Area Water Quality Project [CIP NL-2] IAdministrator Jester said that in November Plymouth staff will bring to_the Commission very general information on two additional project options, including water quality ponding on the west side of Lancaster Lane and using rip rap to line the entire 3,7001inear feet of the channel, as well as the cost estimate for moving the ponding proposed with the current plan to a location 50 yards to the south. She reported that the City of Plymouth will also bring responses to comments to the 90%plan set. Several commissioners made comments about the project. Engineer Chandler brought up the issue raised by a 5 BCwMC October 17, 2013, Meeting Minutes resident last month that the estimated cost of the alum treatment plant project is now in the same range as the estimated cost of the project as presented in the 90%plan set. Commissioner Welch commented that given the reaction to this project,his view is that taking down 800 to 1,000 trees for a project is not a viable option. He pointed out that the Commission has a public relations issue revealed by this project and the public reaction to it and said that the Commission has some analysis to do in order to ensure that it does not get itself in this spot again. Mr. Oliver remarked that the process in the City of Golden Valley is to meet with residents during the feasibility study phase. He added that he thinks the Commission should send this issue to the TAC to analyze and discuss how to streamline the process and get public input before the project is under contract far final plans. Mr. Oliver said that the TAC needs to look at the CIP flow chart and see where the process could be updated. There were some questions and discussion of the Wal-Mart site in relation to the Four Seasons Mall area water quality project. Commissioner Welch commented that if the Commission just sends the issue to the TAC then the Commission will miss the boat because the Commission needs to understand that a function of what happened with this project has to do with a disconnect between the City and the Commission. C. Update on Medicine Lake Water Level Issue Administrator Jester reported that she hasn't heard back from all of the stakeholders yet,but that the process is proceeding. D. Update on Schaper Pond Diversion Project Engineer Chandler explained that since the Commission's last meeting,staff has been working on the development of the submittal. She said that staff is working to merge all of the information this week and will get the submittal out to the interagency work group as the Commission directed last month. E. Finalize Budgetary Decision Re: Flood Control Inspections Administrator Jester stated that staff recommends continuing with the flood control inspections. Chair Black asked about the Commission's budget. Administrator Jester said that the Commission will go over budget on a couple of items and will be under on a few items and should finish out the ye�r in the black. Commissioner Welch asked to hear from the Commission Engineer on the consequences of doing or not doing the inspections. Engineer Chandler explained that the Operations and Maintenance manual for the flood control project calls for annual inspections,and the Commission has taken on this task.Mr. Oliver said that based on his city's experience, he doesn't think that there is any risk of catastrophic failure. Commissioner Mueller moved that the Commission rely on the observations of the respective city engineers and defer the flood control inspections for the remainder of the year.Commissioner Welch seconded the motion. Upon a vote,the motion carried 7-0 [City of Robbinsdale absent from vote]. 7. C()MM[JNTCATI(}NS A. Administrator: The group was referred to the Administrator's Report in the packet. B. Chair: No Communications C. Commissioners:No Communications D. Committees:No Committee Communications 6 BCWMC October 17, 2013, Meeting Minutes E. Legal Counsel:No Legal Communications F. Engineer: i. Ms. Chandler provided an update on the potential chloride impairment listing of Bassett Creek, Medicine Lake,Parkers Lake, Sweeney Lake,Wirth Lake,Plymouth Creek,and an unnamed creek leading into Medicine Lake. She also mentioned a recent meeting about this issue at the Minnesota Pollution Control Agency[MPCA]. She said that she would provide an update when there is more information available. 11.'INF�ItMATTQN�NLY(A�ailable at htt�://www�bassett�reekwrno.or�/MeeEin�sl24131201:3-Octc�ber/2Q13�ctob�rM�etin�Pacl�e#.hfm} A. Grant Tracking Summary and Spreadsheet B. Updated Printable Commission Roster Available Online http:Uwww.bassettcreekwmo.ore/Board- Roster/BC W MC-Roster-MostRecent.pd f C. Final Grant Application Submitted for Briarwood/Dawnview Project D. Hennepin Co. Green Partners Environment Education Grants due November 1 st E. West Metro Water Alliance—September Meeting Minutes F. Wetland Conservation Act Applications(2),Notice of Decision,Application for Exemption—various projects in Plymouth 12.ADJOURNMENT Chair Black adjourned the Bassett Creek Watershed Management Commission Special Meeting at 10:00 a.m. Amy Herbert, Recorder Date Secretary Date 7 �$�L� l.J� ¢i;', . Park and Recreation Department 763-512-2345/763-512 2344(fax} �`��.��:��-�... T �:��' .: . a.� �..�� Executive Summary for Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. G. 1. Outdoor Deck and Patio Furniture at Brookview Golf Course- Quotes Prepared By Rick Birno, Director of Parks and Recreation Ben Disch, Golf Operations Manager Summary Quotes were received for the purchase of new recycled plastic outdoor deck and patio furniture for Brookview Golf Course and the new lawn bowling green. The following quotes were received: Northwood Industries, Inc. $41,190 By The Yard $49,023 Plants &Things $61,440 The 2014 Brookview Golf Course budget has $45,000 in 7154.6960. Staff is recommending purchasing the furniture from Northwood Industries, Inc. for$41,190. Recommended Action Motion to authorize the purchase of outdoor deck and patio furniture for Brookview Golf Course from the lowest responsible bidder, Northwood Industries, Inc. for$41,190. G1��I (�� Park and Recreation Department 763-512-2345/763-512-2344(fax) ,�,�.. ......�,'a.'9�ttuiik! �"'m'.:"�..,.:^wrk��' ...... P�kfliN# iti�d��`-3�3�3`*{.,,...'.' :. �. ...�. .a'"��n$8��.� ;-..�kl�Mii � . .�. aii��:�k-.%�,:��.r";,.",� �, Executive Summary for Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. G. 2. Purchase and Installation of Light Poles, Sidewalk Bollards, LED Fixtures - Lawn Bowling Green Prepared By Rick Birno, Director of Parks and Recreation Greg Spencer, Greens Superintendent Summary Quotes were received for the design, purchase and installation of light poles (9), sidewalk bollards (4), and LED fixtures (9) for the new lawn bowling green at the Brookview Golf Course. The following quotes were received: DJ Electric $46,280 ESP, Inc. $57,300 Phasor Electric Company $57,839 The 2014 Brookview Golf Course budget has $46,000 in 7157.6960. Staff is recommending purchasing the lighting poles, fixtures and installation from DJ Electric for$46,280. Recommended Action Motion to authorize the purchase and installation of LED lighting at the Brookview Golf Course for the new lawn bowling green from the lowest responsible bidder, DJ Electric for$46,280. �� Finance Department 763-593-8013/763-593-8109{fax) Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. H. Approval of Use of Credit Cards for Purchases Prepared By Sue Virnig, Finance Director Summary The Legislature has authorized the use of credit cards by cities, but the legislation requires prior City Council approval of those employees who will be using the cards on behalf of the City.The following are the credit cards issued: Store issued credit cards: • BP Amoco (2) o Police Commander (1) • SuperAmerica (2) o Police Commander (1) • Northern Tool • Sears • Home Depot (2) Non-store issued cards: • US Bank (employee will sign use of purchasing card program) Not all businesses accept purchase orders from the City. The stores listed above have credit cards with their business name on them. The credit cards are kept in the Finance Department except for the two noted that are in safekeeping by the Operations Commander in the Police Department. All use will need to be approved by the supervisor before any purchase is made. The US Bank is a purchasing/credit card with the employee's name on it. These cards will be used only if no other form of payment is accepted. Each employee given authority will sign a use of card policy with terms of acceptable use. The credit card payment is included on the bi-monthly check registers approved by the City Council. Therefore, I am recommending that the City Council authorize the use of the following credit cards listed above by any City employee, who has received prior approval of the appropriate supervisor or the City Manager's designee. Recommended Action Motion to approve usage of credit cards by any city employee who has received prior approval from the appropriate supervisor and approved by the Finance Director and/or City Manager. �"2�� (�� Finance Department 763-593-8013/763-593 8109{fax) =,��r : .._.� _� �,..�,. s� �. r � _� .F._ _ a �� Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. I. Annual Election for the 2014 Insurance Policy Prepared By Sue Virnig, Finance Director Summary Cities can waive the statutory liability limits, in which case,the damages compensated could be up to the amount of the coverage carried. Staff recommends that the City does not waive the statutory limits on tort liability established by Minnesota Statues 466.04 for the 2014 insurance policy. The League of Minnesota Cities Insurance Trust (LMCIT) requires each city to approve the election through a resolution. The policy renewal date starts February 1. Attachments Resolution Making Annual Elections for the 2014 Insurance Policy (1 page) Recommended Action Motion to approve Resolution Making Annual Elections for the 2014 Insurance Policy. Resolution 14-2 January 7, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2014 INSURANCE POLICY WHEREAS, the City of Golden Valley must declare whether or not to waive the statutory limits on tort liability established by Minnesota Statutes 466.04; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that it does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2014 insurance policy. Shepard M. Harris, 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 his signature attested by the City Clerk. C�Z�� C�� ,� �� ,�,. �� Cifiy Administration/Council 763-593-3989 i 763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. J. 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 Officers unit of LELS, has been reached. The agreement provides for the following: � Duration of the Agreement is from January 1, 2014- December 31, 2015; � Increase of$84 in the monthly insurance contribution, including the $20 wellness incentive, for 2014 and an increase equal to 50% of the increase in the higher cost Family premium in 2015; � 2.5% increase in wages on January 1, 2014 and 2015 (there was a 0%wage increase in 2010; 1.5% in 2011; and 1% in both 2012 and 2013); � $75 adjustment to the clothing allowance for employees in non-uniformed special assignments. The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreement. Attachments • Labor Agreement - LELS Police Officer 2014-2015 (19 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the 2014-2015 Police Officers (LELS Local #27) Labor Agreement. LABOR AGREEMENT I.ELS POLICE OFFICER For 2014 - 2015 This Agreement dated January 7, 2014 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the "Employer" and Local #27 of Law Enforcement Labor Services, Inc., hereinafter referred to as the "Union." DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them. EMPLOYER: 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 canditions of employment. The Employer and the Union, thraugh this Agreement, continue their dedication to the highest quality of public service. Both parties recognize #his 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 the operation of the department. Section 4. The Employer agrees to allow the officers and representatives of the Bargaining Unit reasonable time off and leaves of absence, with prior approval and without pay for the purpose of conducting Union business when such time would not be detrimental to the work programs of the Employer. Section 5. The Employer agrees to post on the department bulletin board all promotional opportunities within the Bargaining Unit; to publish the method by which promotions shall be made within the Bargaining Unit; and to make copies of all work rules and regulations available to Employees. ARTICLE 5. Employer Security. Section 1. Neither the Union, its officers or.agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, stoppage of work or the absence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. Section 2. Any Employee who engages in a strike may have their appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. - 3 - ARTICLE 6. Equal Application. Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non- membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. Savings. Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement shall be held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. Grievance Procedure. Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union - 4 - Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss their claim with the Employee's immediate supervisor. This should be done within twenty-one (21) calendar days from the occurrence of the believed violation or from when the Employee became aware of it. The Employee should complete the grievance notice sheet and submit it to the supervisor at the time of the discussion with the supervisor. The supervisor will respond, in writing, within fourteen (14) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from LELS at this step. Step 2. If the dispute is not solved at Step 1 between the Employee and the supervisor, then the Employee should meet with LELS and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed violated and the remedy requested. This shall be submitted to the Employer-designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the Employee and LELS. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and LELS. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. If the dispute is not solved by the Step 3 process, the written grievance with the information required in Step 3, shall be - 5 - presented to the Employer-designated Step 4 Representative. This shall be submitted within ten (10) days from receipt of the Step 4 grievance and the answer shall be transmitted to the Employee and LELS. Step 5. A grievance unresolved in Step 4 may be appealed by the Employee and LELS to Step 5. Notification of intent to appeal to Step 5 shall be made within ten (10) days of receipt of Employer's Step 4 answer. A Step 5 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Bureau of Mediation Services. Section 3. A. The arbitratar 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. Probatipnary 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 finro (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 wiil be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 4 of the grievance procedure. ARTICLE 13. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training and vacations. Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. All regularly scheduled hours worked over 2,080 in a 52 weeks calendar year (except as provided in Article 24) shall be compensated as overtime pursuant to Article 17, Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted two weeks in advance. ARTICLE 14. Court Time. Section 1. An Employee who is scheduled to appear in court during their off-duty time shall receive a minimum of four (4) hours straight time pay or pay at 1 1/2 times the Employee's pay rate for the actual number of hours spent in caurt, 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. Cal1 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 pertormed 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 twice. Overtime shall be calculated to the nearest 1/10 of an hour. Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the overtime hours in 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 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. - 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 passible, 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 accumu�ation 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 12.92 504 over 19 31 9.54 3.69 13.23 516 over 20 32 9.85 3.69 13.54 528 No paid time off shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six month period, annual PTO accrued during the initial six month period will be granted. Section 2. Paid time off shall be selected on a seniority basis within the bargaining unit. Prior to June 1 paid time off will be selscted 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 tMroughout 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 14 $3,982.58 $4,248.46 $4,428.03 $4,868.96 $5,459.89 $6,048.56 01 01 15 $4,082.14 $4,354.67 $4,538.73 $4,990.68 $5,596.39 $6,199.77 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. Over 15.99 years of continuous employment each EMPLOYEE shall be paid supplementary pay of nine (9%) of the base rate. - 17 - 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 credits, etc. Section 3. Insurance. City will provide a flat contribution of$1,147 per month for insurance for 2014 which includes $20 per month for those who successfully participated in the wellness initiative in 2013. City will provide a flat contribution of a dollar amount per month in 2015 for insurance, the amount of increase is equal to 50% of the largest increase in the "Family" premium, which includes $20 per month for those who successfully participate in the wellness initiative in 2014. 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 $726.94 for clothing in 2014. 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 af 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 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. - 18 - 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, 2014 to December 31, 2015. LAW ENFORCEMENT LABOR SERVICES CITY OF GOLDEN VALLEY Representing Negotiating Committee Shepard M. Harris, Mayor Representing Negatiating Committee Thomas D. Burt, City Manager For Law Enforcement Labor Services, Inc. - 19 - CZ�� t�� ° Public Works Department 763-593-8030/763 593 3988(fax) ��:�_��:��° �. r..: .; .�,a. : ��:::: ��°��,. Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. K. Authorize Agreement with Hennepin County for the Sentence to Service Program Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Mark Ray, PE, Street Maintenance Supervisor Summary Over the years,the Public Works Department has received requests for miscellaneous tasks including weeding, litter pickup, and park cleanup that exceeds the department's available resources. In response to these unmet needs, along with the June 2013 storm cleanup, staff reached out to Hennepin County's Sentencing to Service Program (STS)to conduct a pilot project of STS crews working in Golden Valley. The STS crews exceeded staff's expectations and capabilities on a range of projects including maintaining median plantings, storm cleanup, litter collection, and snow removal. Based on STS's performanee in 2013, staff is recommending that the City enter into an agreement with Hennepin County to provide one STS crew full time (5 days a week) in Golden Valley. Integration of an STS crew into City maintenance efforts will result in efficient service delivery for currently unmet demands as well as provide support for some existing operations. The primary focus of the STS crews will be on environmental efforts such as litter removal, cleaning catch basins of debris, small tree trimming, and other environment-related efforts. A list of planned activities is attached. Staff sees this partnership with STS as being a great value and service to the residents of Golden Valley. The cost for this service is $90,064 for 2014. Attachments • STS Project List (1 page) • Services Agreement with Hennepin County Sentencing to Service Program (6 pages) Recommended Action Motion to authorize the agreement with Hennepin County for the Sentencing to Service Program in the amount not to exceed $90,064. STS Project List Workers will be utilized to augment full-time and seasonal staff. SUMMER 1) Pick up litter 2) Weed medians and planters 3) Perform all road median maintenance (mulching,weeding, mowing, etc.) 4) Weed-whip parks 5) Mow around objects after large mower completes area 6) Clean up after special events in parks 7) Shelter painting 8) Hockey board painting 9) Storm cleanup 10) Remove trees from creek (after cut by City staff)to be hauled by City staff 11) Remove trees (marked by staff) around ponds to be hauled by City staff 12) Remove trees (marked by staff) around outlets to be hauled by City staff 13) Remove trees (marked by staff) in ditches to be hauled by City staff 14) Paint traffic signals (non-bucket work) 15) Paint over graffiti 16) Mow along sound walls 17)Deep cleaning of maintenance buildings 18)Clear catch basin grates 19) Install wood mulch in landscape planters and play equipment areas 20) Park trail and nature trail trimming 21) Paint fire hydrants after City crews sandblast them 22) Pick up litter around City-owned ponds and creeks 23) Remove debris from ponds, creeks, wetlands as directed by staff 24)Assist with specialized maintenance areas such as the TH 55 lilac planting 25)Outdoor maintenance area cleanup 26) Removal of invasive vegetation on public properties 27) Property maintenance at fire stations 28)Assistance at Brookview with specialized tasks (green mats, etc.) 29)Sod damage repair WINTER 1) Remove pedestrian bridges 2) Remove snow from bus stops 3) Paint (selected locations) in City buildings 4) Remove snow from ped ramps at traffic signals 5) Remove snow from around fire hydrants 6) Shovel stairs at Brookview 7) Deep cleaning of maintenance buildings 8) Fix picnic tables 9) Clear snow pack from catch basins in spring 10j Shovel out trash enclosure area at City Hall 11) Property maintenance at fire stations G:\Sentence to Service\STS Project List(Labor Hours Est)_City Council.docx Contract No. A132396 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF GOLDEN VALLEY This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 ("COLJNTY"), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 ("DEPARTMENT"), and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 ("CITY"). WHEREAS, the COLJNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COLINTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January l, 2014 through December 31, 2014, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Ninety Thousand, and Sixty Four pollars ($90,064.00) plus applicable Minnesota sales tax, when appropriate. 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor intensive forestry, park maintenance, street maintenance, utility maintenance, and janitorial services (the "Work"). The COiJNTY through its DEPARTMENT agrees to the following with respect to the Work requested: A. Provide one (1) STS work crew, five (5) days per week, for the period January 1, 2014 through December 31, 2014. Provide work crews for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. (STS Form/Governmental Unit Svcs Agr—Revised 11/2012) Page 1 of 6 B. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. D. Provide basic landscaping tools and equipment needed for specific work. E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical and other liability for the STS Program participants. 3. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 4. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COIINTY: 1. Ninety Thousand, and Sixty Four pollars ($90,064.00) in 2014 for the services described in this Agreement B. The COIJNTY shall bill the CITY for all applicable Minnesota sales tax, when appropriate. C. Payment for services performed by the COiJNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COL7NTY will invoice for services only at the end of each calendar quarter an amount of Twenty Two Thousand Five Hundred and Sixteen Dollars ($22,516.00)plus applicable Minnesota sales tax, when appropriate. 5. 1NDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. (STS Form/Governmental Unit Svcs Agr—Revised 11/2012) Page 2 of 6 6. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 6, neither the COIJNTY nor the CITY shall have any liability to each other for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party's liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 7. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 8. SUBCQNTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 9. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 10. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COiJNTY to immediately cease providing services under this Agreement until the CITY's compliance. (STS Form/Governmental Unit Svcs Agr—Revised 11/2012) Page 3 of 6 B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 1 l. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, John Ekholm, Corrections Program Manager, Hennepin County Department of Community Corrections & Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COiJNTY and serve as liaison between the COLTNTY and the CITY. CITY Project Contact: Mark Ray, PE Streets Supervisor/Recycling Coordinator City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 (763) 593-3960 (Direct) (763) 593-3988 (Fax) (763) 593-3968 (TTY) mray@goldenvalleymn.gov CITY Billing Contact: Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 763-593-8035 (Direct) 763-593-3988 (Fax) 763-593-3968 (TTY) j clancy@goldenvalleymn.gov 12. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices (STS Form/Govemmental Unit Svcs Agr—Revised 11l2012) Page 4 of 6 to the COLJNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 13. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE 1NTENTIONALLY LEFT BLANK (STS Form/Governmental Unit Svcs Agr—Revised 11/2012) Page 5 of 6 Contract No. A132396 COUNTY BOARD AUTHORIZATION Reviewed by the County COUNTY OF HENNEPIN Attorney's Office STATE OF MINNESOTA By: Chair of Its County Board Date: Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: CITY OF GOLDEN VALLEY The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions, or ordinances.* By: Its: Date: And: Its: Date: *The CITY shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the same time this Agreement is returned to the COiJNTY. (STS Form/Governmental Unit Svcs Agr—Revised 11/2012) Page 6 of 6 �� Public Warks Department 763-593-8030 i 763-593-3988(fax) . _ � �- �� Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. L. Authorize Agreement with SEH, Inc. for TH 55 and Winnetka Avenue Final Design Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary At its June 18, 2013 meeting, the City Council passed a resolution authorizing staff to submit a grant application for FY 2015 MnDOT Metro Municipal Agreement Program (MMAP)funding. Staff recently learned that the application for intersection improvements at TH 55 and Winnetka Avenue was awarded. The corresponding award letter from MnDOT is attached. Existing conditions at the intersection of TH 55 and Winnetka Avenue result in extensive delays on the local roadway network during peak hours (6:45-8:30 am and 3:30-6 pm). It is not uncommon during these times for drivers at this intersection to wait several signal cycles before proceeding through the intersection. In addition, queue lengths commonly disrupt adjacent intersections. The proposed intersection improvements include the addition of a southbound through lane and the establishment of dual protected left turns for northbound and southbound traffic entering TH 55. Queue capacity at the intersection will increase and the net time to clear vehicular traffic from the local streets will be reduced. Overall intersection delay will decrease by approximately 8%. The proposed improvements scored a 1.18 in a MnDOT approved cost-benefit analysis. Scores greater than 1.0 indicate a project which has long-term benefits that outweigh the initial investment and are thus considered investment-worthy projects by MnDOT. Based upon the amount awarded, current project funding allocations are estimated as follows: MnDOT City Total Construction $541,420.00 $402,089.50 $943,509.50 Engineering and Contingency $47,080.00 $195,885.11 $242,965.11 Contingency $0.00 $88,350.95 $88,350.95 Total $588,500.00 $686,325.56 $1,274,825.56 Staff has solicited a proposal from SEH Inc. in the amount of$141,200 to perform final design services for this project. The proposal covers survey work, base mapping, geotechnical analysis, public involvement and meetings, and plan and specification preparation. Final design will be funded by both MnDOT and the City. All City expenses in connection with this project will be paid for by using Municipal State Aid Construction Allotment Funds. The anticipated amount of Construction Allotment funds to be used is $686,325.56. Attachments • MnDOT Project Award Letter (2 pages) ' • Agreement for Professional Services with SEH, Inc. (7 pages) • Project Location Map (1 page) Recommended Action Motion to authorize the agreement with SEH, Inc. for final design of the TH 55 and Winnetka Avenue Intersection Improvement Project in the amount not to exceed $141,200. In ts D�p�rtment af Transportation �``'� Nletro plst�+ctt flffice of State Aid Tei�phone: 65i-23d-776� f 5001N$st Couniy Ftd B� car�.jensen(c�stat�.mr�.us � Rosevflle,MF�551 i 3-3174 September 27, 2013 Ms. Jeannine Clancy Director of Public Warlcs City of Golden Va!!ey 7800�Golden Valley Rflad Galden Vatiey, i�N, �5427 RE: Request fc�r FY 2015 Municipal Agreement Program Funding TH 55 and lT�l�nnetka Ave(Hennepin GSAH 956), +CS 2723 City of Goiden Vaitey D�ar I�s, Clancy: ! am writing to irtform yau that because other projects declined t�e offer of fundir�from#he solicitatlon program,ws are now abie to parti�lly fund this project. The Cooperative Agraement Program is r�#ferir� a rn�imum contributi�n by�UInDOT af$588,5{90(which incl�acbs#i,e 89�6 for Construct9on Engfneeri�g and inspect`ron). The award is for impravements#o Tt�S5 in the C�y of Golden Valiey, The proposed improvemen#s include 3mprnvemer�#s alon�TN�5�t Winnetka Ave(Henroepin�SAH 156}.These Coapera�vs Agreement funds wil!suppiement lacal tunda being applfed fawards#�e projec#. The referenced#unding amount is the maximum amount of N1nD+OT Metro Muni�ipai Agreement funding avai4able for this prajec�.Municipal Agreemen#funds can only be used for construction iteins that can be just��d in accordance with#he Mn�OT Cost Partici�ation Poli�y. !f tl��cost of eligible items fails below this maximum amoun#,ths funds awarded will be reducsd to match the cost of the eQgibls items.A copy nf the MnDOT Co�!Participatlon Palicy can be viewed at htk :/ . o#, tate rnn.usJm istateaid/c�o rat.html If this funding is accep#ed by your a�ency you will be expected#o provide project plans and specificatians to my af�ce that canform fa a MnDC}T farmat. i'he Munlcipa!Agreemerrt Pragram Pian Preparation, Design and Constructlon gulde can be vf�wed at http:/lwhrw.dc�t.state.mn.0 lmetrolstateaidt�reenbook2012.pdf.The project plans and specl�c�tions w#ll be reviewed and commer�ted on by MnDOT funetlonai groups. �lease cor�tact the M�tro funckionaf groups directly#or speGEfiic ques#ions relating to their area and aopy the Sta#e Aid Project Manager on carrespondence.We wiil provide the Municipal A�reement Program proc�ss information upan request.All costs for Right-of-Way acquisition, Utility Relocation as appiicabie and Prel�minary Engineering are#h8 responsibiiity of the local agenay. An Equal C}ppor4unity�mptoyer � :� � .. rf �� .:�. � �� .�.; Ms. J�annine Giancy December 19, 2013 Page 2 A Cooperative Construc#ion Agreement will be�itten by MnDQT's Office of Techr�iaai Support and must be fully executed p�ior to award of the projec#.To rece�ve the funds,this praject must be let by Juns 34, 20�5.After that dafe the money becomes unava7able to aur affice, pi�ase reply in writing by January 6, 2a14 if fhe City af Gald�n Valley wauld like ta accepf this funding.The written confirmation shouid include ac�eptance oi the conditians of Right-of-Way, Utilify Reiocation and Design a1Qr�g with the funding level proposed and a#entatlrre project schedule. If fundit�g is accepted by the city a State Aid Praject Manager wi}I be assigned and we witl contact you ta se#up a praject kickofF meeting. If you have any ques#ions about the seiection process or funding situation please feel free to contact me. Sincerely, �.�l.3�►"�X� '�.`'_"�,` Cart P J n, P.�. Coope t3ve Agreements ProJect Manager Me#ro State Aid Enclasures cc: Ted Schoenecker, MnaO'f Metro State Aid" Phillip Bergem, MnDC37 Metrt�Caoperative Agreement Eng�neer"` John Griffith, MnDOT-Metra program C}efivery" April Crockett, MnDOT-iVletra Program Delivery* Lars Impala,MnDOi'-Metra Traffic' *�18Ctr'OnIC Cvpy C?nly . � . "�» -°°_"er . � :r��-��.�'$�.�``.��.�?.` ��.. _i' � -- SEH ��G � Q ��,� ', ��. _ , December 27,2013 RE: Golden Valley TH 55 and Winnetka Intersection Improvement—Mn/DOT Cooperative Agreement No. 04853 . S.P.2723-117 City Project No. Jeannine Clancy Director of Public Works City of Golden Valley 3400 Golden Valley Road Golden Valley,MN 55427 Dear Jeannine: Thank you for the opportunity to provide professional services to the City of Golden Valley to design and implement geometric and operational improvements at the intersection of Winnetka Avenue and T.H. 55. The proposed improvements are illustrated on the attached drawing. The City is requesting a scope of work that considers changes to Winnetka Avenue, with funding in part by Mn/DOT's Cooperative Agreement program that will include coordination between the City, County � and the Mn/DOT State Aid Office. Professional services will include field surveys, final design, plan preparation and bidding services. This letter serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. Background � Recommendations resulting from a traffic study prepared by SEH in 2010, and further study and evaluation by Mn/DOT include construction of an additional lane southbound Winnetka Avenue and construction of a dual left turn lane northbound Winnetica Avenue to westbound TH 55. These changes are expected to greatly increase the operational efficiency of the intersection.As much as a 13%reduction in delay in the intersection is expected during peak times.Please see the attached layout. The rnedian modifications and widening of the west side of Winnetka Avenue will require some minor storm sewer reconstruction of catch basins and leads. Other public utilities such as water,main line storm sewer and sanitary exist in the right of way,but are not expected to be impacted. � Scope of Work Base Map�ing SEH will prepare the base mapping from design level aerial contour mapping received frorn Mn/DOT. We will augment this electronic mapping with �eld surveys as needed at critical points and tie down areas. The proposed survey work will include obtaining vertical and horizontal control, available property corner and monument control that may be obtained in the spring if needed. SEH will request design locate information about private utilities from Gopher One and include them in the base map generated for the plans. S��a�t�tE��e��f�RL?,��336'�'a�{h�t'�G��§t�5�i6��f!�a�F;��i�l�'f�0�9��-5196 SE�s��t��t��oPl��'p��°�(eYwl�v�Wi��LBFrCQ�85�.�I.'G�2q0�d0.�Q�:��F�0�58� . ., I�fax Jeannine Clancy • December 27,2013 Page 2 Public InvoYvemea►t Public involvement is expected to be limited to a small meeting with property owners that front the project work, those on the east side of Winnetka Avenue, north of Harold Avenue. In addition, we have included time to prepare for and attend a Council Workshop and a Council Meeting. We have included as an option,newsletter writing and exhibit preparation time, if the City desires a broader audience regarding the project. Project Communication/Meetings We expect regular monthly progress meetings with staff up to completion of a 75%desigii so we can keep the project on schedule and make timely decisions. We expect this to start in November with the kick off meeting and extend to January. We have also included iwo review and comments meetings at the end of design,prior to and after submittal to Mn/DOT for review. Geotechnical Street t�nalysis and Memo We have information from the 2004 design.files of Winnetka Avenue. In addition, as part of Harold Avenue Reconstruction,two borings were north of Harold Avenue along Winnetka Avenue in the area of the proposed widening. The geotechnical engineer will make subgrade and pipe bedding recommendations based upon the information that is available.The recommendations will be submitted in a memo for your inforination and project file. ' Sidewalks and Trails The trail along Winnetka appears to be outside of the proposed widening and will not be impacted. . Traffic/Intersection Improvements The design team for this project will rely on the results of the traffic study and concept improvement recominendations to gliide the design. We anticipate the need to submit a turning movement diagram to Mn/DOT for their review and approval. The intersection geometry and operational aspects of Winnetka, and TH 55 wili be'incorporated into this project. The design team will review the intersection geometry on the north side of TH 55 and better identify proposed improvements. The signal will require modifications,also requiring coordination and approval by Mn/DOT. Final Design,and Plan Preparatian SEH will prepare street and utility design for the area. It appears that the storm sewer mainline pipe is on the east side and will`iiot be impacted by the widening. Catch basins,and leads, however,will need to be redesigned.Details of the widening will be developed as well as median details and cross sections for the widened pavernent section area. Minor modifications are anticipated for water appurtenances and sewer, ` manholes. The final plans will Ue prepared according to City standard utilizing Trunk Highway p�aai standards, processes and schedule and will be submitted to the City,County staff and Mn/DOT for review. and approval: { Project Team � Mike Kotila, traffic engineer will participate tra�c related matters as needed. Sue Mason and Dan Erickson will join the team to attend the project staff ineetings and neighborhood meeting as needed. Dan Erickson is assigned to the project as the Project Engineer, pr,oviding preliminuy;and final design, and technical production work. Brian Albrecht will provide the geotechnical analysis and evaluation. John i Gray will assist the team with his signal design talents. , , � Jeannine Clancy December 27,2013 Page 3 Schedule We expect to begin working on the project January 7, 2104, after the City approves this agreement. We will begin by preparing a turning movement diagram for submittal to Mn/DOT Metro District Municipal Agreement Program for review and approval. We anticipate submitting plans and specifications to agencies for review March 31, 2014 with a bid opening date of October 1,2014.A detailed schedule will be developed with the Metro District Cooperative Agreement Engineer and the City when the project moves forward. Compensation SEH proposes to be compensated for the scope of work proposed in this Agreement on an hourly basis. Cornpensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage and equipment. We have estimated the services described above to cost a total of $141,200. The summary of engineering services is as follows: Total Cost Base Mapping and Survey $ 7,300 Public Involvement and Meetings $ 24,700 Staff Approved Layout,Final Design&Plan Preparation $ 109,200 Total $ 141,200 This agreement is an understanding of the project to date. If this document satisfactorily sets forth you understanding of our agreement,please sign in the space below and return one copy to our office. We loolc forward to working with you, your staff and the community on this project. Thanks for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. ?� �.�-, san .Mason,P.E. � Pri pai Approved this day of , 2014 ' City of Golden Valley,Minnesota By c: Mike Kotila,Ron Farmer s:�fj�g�goldv\wmmon\proposats\harold avenue\winnetka(hacold to highway SS)Vetteragreementharoldwinnetka2013tev.docz�'. . �� . vki M X � .)�. � y "�. � a 3 >' � �, M ti O N � x � � �. 0 � � � v, � 3 'n�h x v � v v � 0 3 'C7 4 o V x � � x � i � � rn :�: ., ?:: �y 3 � � F � ^O � � L a '� r� o x � o 0 L .� � d °>, :: �, o � � : y d � �"� a � ' � � � � p 7a e-y � � �' .':. � . 3 ao c� =° w a' � ,7'., a � C7 � � .. u� � v ° � o ° v� a � �" � °� 3 wL w° 0 a 0 w b o � d x o c�, w q O � � � ,� � O � �O O �"� GO � � � y v'^i O ° E-� � c� �' L N � � 3 � � � � _ '°� W ° � � C " x o '�- ��n w e� � r'�' � °�' k � � � o ^ v�i ` i: a,� � '° � � a '3 e � � � Z' ; � ° c a � � � � � �,� y ° � � � '` �:: V] � � O O U] •� C a� .�.� y ,�s W 7 � G M+I �+ ,r o e�3 � �" � � �O. G y � 6 C y y = 3 .� � C� .'. 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'� � '� '•+o. �� ' � �,�'" , �'"s � � ' �# '�r �i"'s � 3�� . . . .. � '� � . .� . .. � ,.��., .e��. � �.. �� _ .; i+ _ ,� � �. �,��.� �� X£ + [ r ' + t + .a � x�4"�'� � � . . � �� _ ! � 6 : , _ �_ .� �� Y � . � ._ ti � `"t .u,.,��'< � f- a,- M 4 �".' �� — .� ` :��e � � . � _ ; �' '` �` ,%,y� �- ., LEGEND � �� PAVEA�ENT WIDENING � .�4` '^��.�: ".. � - CBGSED861 81 AN / �� ..�,. ��, ' S ' ��; � 1�ILL AND OVERLAY " �'�"+�, �' ,��-.�Y �-� �. � MEDIAN LANDSCAPING � � ��,. �`v�� 4 . 'k�w„k "�:�SR .. . . �`"� WINNETKA AVE.IMPROVEMENTS �� , SEH GOLDEN VqLLEY.MN c�aie zs ro. �Z�� L�� Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. M. Bottineau Light Rail Transit (LRT) Planning Advisory Committee Appointment Prepared By Jason Zimmerman, City Planner Summary The City Council established the Bottineau LRT Planning Advisory Committee on August 7, 2013, to enhance Golden Valley's participation in the Station Area Planning process. The Bottineau LRT Planning Advisory Committee Members are as follows: � Cathy Waldhauser- Planning Commission Representative � Rich Baker- Planning Commission Representative � Jim Stremel - Environmental Commission Representative � Debra Yahle- Environmental Commission Representative � Gillian Rosenquist- Open Space and Recreation Commission Representative � Dan Steinberg- Open Space and Recreation Commission Representative � Sean Fahey- Resident Representative � Andrea Wiley- Resident Representative At the November 12, 2013, Council/Manager meeting the City Council directed Staff to add a representative from St. Margaret Mary Church to the Committee. After speaking with St. Margaret Mary Church, Staff recommends appointing Carmen Heim to the Bottineau LRT Planning Advisory Committee. Recammended Action Motion to appoint Carmen Heim to the Bottineau LRT Planning Advisory Committee. �Z��1 C1� �� City Administration/Council 763-593-3989/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting lanuary 7, 2014 Agenda Item 4. N. Acceptance of Donation for Human Rights Commission Community Project in Honor of David Bucher, M.D. and Bill Cooper Prepared By Chantell Knauss, Assistant City Manager Summary The City received an unsolicited donation of$200 from David and Betty Bucher in honor of Golden Valley residents David K. Bucher, M.D. and Bill Cooper. The Buchers requested the funds be used by the Human Rights Commission for Community Projects. Attachments • letter from David H. and Betty R. Bucher (1 page) • Resolution Accepting Donation for Human Rights Commission for Community Projects in Honor of David K. Bucher, M.D. and Bill Cooper (1 page) Recommended Action Motion to adopt Resolution Accepting Donation for Human Rights Commission for Community Projects in Honor of David K. Bucher, M.D. and Bill Cooper. Golden Valley City Manager's Department Human Rights Commission . 1800 Golden Valley Road Golden Vailey, MN 55427 To Whom It May Concern: Enclosed is a donation to the Golden Valley Human Rights Commission to support any community projects requiring funding. This is given in honor of David K. Bucher, M.D. and Bill Cooper who are residents of your community. Thank you for your attention to this matter. Sincerely, " .��t-c..�..�/ �David . and etty R. Bucher I Resolution 14-3 January 7, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FOR HUMAN RIGHTS COMMISION FOR COMMUNITY PROJECTS IN HONOR OF DAVID K. BUCHER, M.D. AND BILL COOPER WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; 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. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $200 designated for the Human Rights Commission for Community Projects Shepard M. Harris, 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 his signature attested by the City Clerk. . L�l�}� C)� . -� Fire Department 763-593-80791763-593-8098(fax} �s�. .. . _ . _. . M��.�� a,-.�'.� ��m s:��` ` ., '�,� m ...s _«-, w:.�:E`v"�......,..... 3:^::,e"' _ .."E:_�,:=��. Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 4. O. Second Consideration - Ordinance#514-Amending Section 10.23 Regarding Recreational Fires Prepared By Mark Kuhnly, Fire Chief John Crelly, Deputy Fire Chief Summary At the November 12, 2013 Council/Manager meeting, staff presented suggested changes to Sectian 10.23 of City Code, regulating fire protection. The changes are summarized as follows: ^' Requiring recreational fires and portable outdoor fireplaces with wire mesh screens shall remain a safe distance from any structure or combustible materials and 10 feet from any property line. � Requiring that "Recreational Fires" are not permitted during Air Quality Alerts issued by the Minnesota Pollution Control Agency with an index rating of 101 or more. The City Council adopted the ordinance on its first consideration on December 17, 2013, If the Council adopts the ordinance on its second consideration, it will be published and effective on January 17, 2014. Attachments • Ordinance#514, Amending Section 10.23 Regarding Recreational Fires (3 pages) Recommended Action Motion to adopt on second consideration, Ordinance #514, Amending Section 10.23 Regarding Recreational Fires. § 10.23 Section 10.23: Fire Protection Subdivision 1. Definitions A. Open Burning: The burning of materials wherein products of combustion are emitted directly into the ambient are without passing through a stack or chimney from an enclosed chambers. Open Burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, Recreational Fires or use of Portable Outdoor Fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open. B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. C. Portable Outdoor Fireplace: A commercially purchased portable, outdoor, wood burning fireplace that may be constructed of steel, concrete, clay or other non-combustible material. A Portable Outdoor Fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening at the top. This includes chimineas, portable fire pits and bowls. D. Outdoor Fireplace: A fireplace built outdoors as defined by the Minnesota State Building Code; requires a building permit prior to installation, but does not require a Recreational Fire Permit. E. Responsible Person: A person over the age of eighteen (18) who is knowledgeable in use of fire extinguishing equipment. F. Recreational Fire: An outdoor fire, burning materials other than rubbish or debris, where the fuel being burned has a total fuel area of three (3) feet or less in diam�ter and three (3) feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. This includes Portable Outdoor Fireplaces, in-ground and above ground pits and fire rings. G. Recr�ational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a Recreational Fire. H. Structure: Is that which is built or constructed, an edifice or building of any kind. Golden Valley City Code Page 1 of 3 § 10.23 Subdivision 2. Negligent Fires To conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the City, Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. Subdivision 3. Open Burning A. No Qpen Burning shall be permitted within the municipal boundary of the City, except as specifically provided in this Section. B. Open Burning is not allowed for the purpose of thawing frozen ground or for maintaining interior structure temperature in connection with construction projects. C. Limited to the following, any fires under managed supervision for which a burning permit has been obtained from any State or Federal agency: 1. Fires purposely set for the instruction and training of public and industrial firefighting personnel; 2. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; and 3. Fires purposely set for forest, game, or grassland management purposes. D. The permit holder shall notify the City Manager or designee prior to any Open Burning. E. At the discretion of the City Manager or designee, any Open Burning fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. Subdivision 4. Recreational Fires A Recreational Fire Permit, provided by the City Manager or designee, shall be required prior to starting any Recreational Fire. Recreational Fire Permits shall be valid for a period of one (1) calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: A. Recreational Fires shall be constantly attended by a Responsible Person until extinguished. During the time a Recreational Fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. Golden Valley City Code Page 2 of 3 § 10.23 B. Recreational Fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for Recreational Fires shall only be that of clean wood. C. No Recreational Fire shall be allowed if wind speeds exceed ten (10) miles per hour. D. Flames from a Recreational Fire shall not exceed three (3) feet in height as measured from the base of the fire and three (3) feet in diameter. E. Recreational Fires shall remain a safe distance from any Structure or combustible materials and ten (10) feet from any property line. Portable Outdoor Fireplaces with wire mesh screens shall remain a safe distance from any Structure or combustible material and ten (10) feet from any property line. F. Conditions which could cause a fire to spread within a safe distance of a Structure shall be eliminated before starting the fire. G. A minimum of one (1) portable fire extinguisher with a minimum 4-A rating or other approved on-site fire extinguishing equipment, dirt, sand or garden hose readily available at all times until the fire is extinguished. H. When prohibited by action of any state or federal agency, Recreational Fires shall not be permitted. I. Recreational Fires shall not be permitted if the Minnesota Pollution Control Agency issues an air quality alert with an index rating of 101 or more, which is deemed unhealthy for sensitive groups. J. At the discretion of the City Manager or designee, any Recreational Fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. K. Recreational Fire Permits shall only be issued to Responsible Persons. Subdivision 5. Revocation Violation of any provisions of this Section shall result in the revocation of any Recreational Fire Permits for a period of one (1) year. Golden Valley City Code Page 3 of 3 �� City Administration/Cauncil 7b3 593-3991 /763 593 8109(fax) °y: _ �.��::,�.c„�„�� _ ��.:. _.._. . :_ Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 7. A. 1. Reset Meeting Dates Prepared By Judy Nally, Administrative Assistant Summary Each year the City Council reviews the calendar and resets meeting dates if there are any conflicts. Listed below are the meeting dates that need to be reset: City Council Meeting: February 4-Precinct Caucus Apri) 15 - Pesach (Passover) August 5 - National Night Out November 4-General Election Day Council/Manager Meeting: August 12 - Primary Election Day November 11 -Veterans Day Recommended Action Motion to reset the following City Council meeting dates: February 4 to Wednesday, February 5 April 15 to Thursday, April 17 August 5 to Wednesday, August 6 November 4 to Wednesday, November 5 Motion to reset the following Council/Manager meeting dates: August 12 to Wednesday, August 13 Nvvember 11 to Wednesday November 12 �� ; Cit A mini r ion Council y � St �t / 763-593-8003/7b3-593-8109(fax) �. . _.. _ e ..�_ �� ,_, ;��.�� , �� , ��:::. ..::. Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 7. A. 2. Set Date for Council/Staff Workshop Prepared By Thomas Burt, City Manager Summary The Council usually sets a date for a Council/Staff Workshop to discuss goal setting for the Council. Recommended Action Motion to set the Council/Staff Workshop for Saturday,January 11, 2014 from 8:30 am to 12:30 pm at the Brookview Grill. �� City Administration/Council 763-593-8003/763-593-8109(fax) ��_..��, _ .. . _. _ _._ .: .., Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 7. C. 1. Council Appointments: Assistant Weed Inspectors Prepared By Shep Harris, Mayor Summary By State Statute (MS 18.80), "The supervisors of each town board and the mayor of each city shall act as local weed inspectors within their respective municipalities." However, state law allows the city to appoint an assistant weed inspector to act on behalf of the municipality. The appointed assistant (or assistants) has the power, authority, and responsibility of the mayor in the capacity of weed inspector. I nominate Dave Gustafson, Fire/Property Maintenance Specialist; AI Lundstrom, Park Supervisor and Tim Teynor, Assistant Forester,to serve as the Assistant Weed Inspectors. Recommended Action Motion to appoint Dave Gustafson, AI Lundstrom and Tim Teynor, as the Assistant Weed Inspectors for a one-year term. �2�� C�� . City Administration/Council 763-593-8003/763-593-8109(fax) _',��..�a��;��?�.� .... ._ ,�:. Executive Summary For Action Golden Valley City Council Meeting January 7, 2014 Agenda Item 7. C. 2. Council Appointments - Housing and Redevelopment Authority Commissioners Prepared By Thomas Burt, City Manager Summary State Statutes allow the City Council to appoint its members as Commissioners of the Housing and Redevelopment Authority. Recommended Action Motion to appoint the following City Council Members as Commissioners of the Housing and Redevelopment Authority, with terms concurrent with tenure on the City Council: Larry Fonnest Steve Schmidgall AndySnope