Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
11-16-10 agenda packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber November 16, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm CALL TO ORDER A. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes -City Council Meeting -November 3, 2010 B. Approval of Check Register C. Licenses: 1. General Business Licenses D. Minutes of Boards and Commissions: 1. Open Space and Recreation Commission -September 27, 2010 2. Envision Connection Project Board of Directors -September 16, 2010 E. Bids and Quotes: 1. Lift Station Upgrades - SCADA System -Quotes 2. Golden Valley Golf and Country Club Pond Excavation -Quotes and Authorization to Sign Storm Water Quality Treatment Facility Cooperative Management Agreement F. Authorize Participation in the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program 10-67 G. Grant Permanent Easement -General Mills, Inc. -Pedestrian Bridge and Other Facilities -Betty Crocker Drive, west of General Mills Boulevard H. Authorization to Sign Patrol Officer (EELS Local 27) Agreement I. Authorization to Sign Sergeants (EELS Local 304) Agreement J. Authorization to Sign School Resource Officer Services Agreement with District #287 K. Authorization to Sign Agreement with Consultant for Douglas Drive Preliminary Design Project 4. PUBLIC HEARINGS 7 PM A. Public Hearing -Preliminary Plat Approval -Pentel Addition - 941 and 1021 Angelo Drive -Paula Pentel and Warren & Kim Rottman, Applicants B. Public Hearing -First Consideration -Ordinance #451 -Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco C. Public Hearing - 2011 and 2012 Pavement Management Program 10-68 and 10-69 5. OLD BUSINESS A. Second Consideration -Ordinance #450 - Adding a New Section 2.22: Domestic Partnership Registration 6. NEW BUSINESS A. Appeal of Right-of-Way Management Permit Denial - 4846 Glenwood Avenue B. First Consideration -Ordinance #452 - Establishing A 2011 Master Fee Schedule C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT Golden Valley ,~ ®~ ~~ Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. `'Golden Valley Inspections 763-593-8090 / 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Christine Columbus and Jill Lund, Administrative Assistants Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4555 G.V. Servicecenter Tobacco/Cigarettes $275.00 600 Boone Avenue North #4544 G.V. Liquor Barrel Tobacco/Cigarettes $275.00 7890 Olson Memorial Highway #4546 JJ's Clubhouse Tobacco/Cigarettes $275.00 6400 Wayzata Boulevard #4558 Down in the Valley Tobacco/Cigarettes $275.00 8020 Olson Memorial Highway #4556 United Liquors #2 Tobacco/Cigarettes $275.00 7751 Medicine Lake Road #4547 G.V. Country Club Tobacco/Cigarettes $275.00 7001 Golden Valley. Road #4545 Schuller's Tobacco/Cigarettes $275.00 7345 Country Club Drive #4552 MGM Liquor Warehouse Tobacco/Cigarettes $275.00 7704 Olson Memorial Highway #4553 KKS, Inc. Potpourri Gifts Tobacco/Cigarettes $275.00 5500 Wayzata Boulevard #4567 Speedway/Superamerica #4497 Off Sale 3.2 Malt Liquor Beverage $150.00 6955 Market Street #4568 Speedway/Superamerica #4443 Off Sale 3.2 Malt Liquor Beverage $150.00 1930 Douglas Drive North #4536 Menards Christmas Trees $75.00 6800 Wayzata Boulevard Recommended Action Motion to authorize the issuance of licenses as recommended by staff. GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes September 27, 2010 1. Call to Order Sandler called the meeting to order at 7:00 p.m. 2. Roll Call Present: Roger Bergman, Brad Kadue, Emily Piper, Jerry Sandler, Anne Saffert, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; Jeanne Fackler, Senior Citizen Coordinator; and Sheila Van Sloun, Administrative Assistant. Absent: Kelly Kuebelbeck and Bob Mattison. 3. Agenda Changes or Additions Jacobson removed Fees and Charges as it was discussed at the July meeting. Steinberg added discussion on the use of Wildwood Park/Olson School property for the Minneapolis Rugby Club. 4. Approval of Minutes -July 26, 2010 MOTION: MOVED by Bergman and seconded by Steinberg to approve the July 26 meeting minutes. Motion carried unanimously. 5. Recreation Report -Jeanne Fackler Fackler, who has been the Golden Valley Senior Citizen Coordinator for the past five years, gave the Commission an update on her proq~ram. She added that in 2011, the Golden Valley Seniors will celebrate their 50t year as an organization. Fackler gave details on over 25 programs she coordinates including: card and game groups, bridge lessons, painting group, pedal pushers bicycle group, senior golf league, and discussion groups on Medicare, Living Well and Wise and Remember When, plus many more. Fackler also coordinates over 30 one-day and 3-4 extended senior trips each year. The trips are run in cooperation with Hopkins and St. Louis Park. Fackler is also the staff liaison for the Golden Valley Human Service Foundation. She helps coordinate three events with the Commission each year; Run the Valley, the Golden Valley Golf Classic and the Taste of Golden Valley. 6. Athletic Field Grant Program Jacobson said on September 8, the Sandburg field sub-committee met with Golden Valley Phoenix Soccer and Golden Valley Girls Softball. Discussion focused on commitment to the project, including their ability to raise matching funds, their needs for the site and parking options in the area. The next steps include having conceptual plans and cost estimates prepared and meeting with representatives from Independent School District 281. Minutes of the Golden Valley Open Space and Recreation Commission September 27, 2010 Page 2 Jacobson said on October 4, city staff involved with the Honeywell Little League project will meet with a representative from Little League. They plan to finalize the field layout. The plan is to bid the project over the winter months with construction starting in the spring. 7. Wildwood Park/Olson School for Minneapolis Rugby Steinberg said Minneapolis Rugby is looking for a new location and he was inquiring if the Wildwood Park/Olson School site in Golden Valley was a possibility. Jacobson said the property in question where a field may fit is -owned by the Robbinsdale School District and they would be the ones to contact. 8. Adjournment MOVED by Piper and seconded by Bergman to adjourn at 8:00 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Thursday, September 16, 2010 7 pm Brookview Community Center, Conference Room Present: Linda Loomis, Chair, Lynn Gitelis, Sharon Glover, Jim Heidelberg, Philip Lund, Blair Tremere. Absent: Cindy Inselmann, Helene Johnson, Dean Penk, Marshall Tanick, Luke Weisberg. Staff: Sandy Werts. I. Call to Order The meeting was called to order at 7:12 pm by chair Linda Loomis. II. Approval of Agenda The Agenda was approved as printed. II1. Approval of Minutes of August 19, 2010 The minutes were approved as written. Moved by Heidelberg and seconded by Tremere, the minutes were approved unanimously. IV. Proposed Community Foundation/Non-Profit a. Transitional Board -Tremere reported that there was a good turnout for the first meeting. The committee is moving ahead with planning in order to incorporate in January. There was a comprehensive discussion on the details. Penk and Lund set up a subcommittee structure on topics to be covered. The subcommittees are 1) Registration, 2) Board Structure, 3) Operations/directors/marketing, 4) Dispersement of Funds/fiduciary b. Next Steps -Sharon Glover will contact Penk to get updated. V. Bridge Building Activities a. Lilac Planting- A meeting of the Lilac Project Committee is coming up on Monday, September 20. Lund needs some backer boards to put up another set of signs. He is moving them every three or four days. Blair reported that he has not received any cash contributions. Possible sponsors were identified and letters were sent. He has not made follow-up calls. About $400 to $500 is needed. The food is covered -coffee and granola bars for snacks and lunch. Werts will a-mail the board the promotional information. b. Envision Award -Marian Helland will receive the Envision Award at the September 21 Council Meeting. Chris Jordan will present the award during the 6:30 to 7pm portion of the meeting. Board Members should try to attend the meeting. Phil Lund submitted a nomination for the Kelly Drive Pumpkin Growers Association to receive the award. Tremere, Gitelis and Heidelberg reviewed the nomination and added "Recreation" as one of the Envision Categories this event addresses. Motion: It was Moved by Tremere and seconded by Heidelberg that the Envision Award be awarded to the founding members of the Kelly Drive Pumpkin Growers association, with the addition of recreation to the categories it satisfies. The motion passed. Lund would like the award presented at the Festival on October 9, besides at the Council Meeting. c. Bridge Builders -The quarterly meeting will be held at Byerly's on October 23 from 10 am to noon. A tour of the facility is scheduled prior to the event. Werts will work with Tanick to send out a notice for the event. d. Ice Cream Social-Lund will work with Jeanne Andre to get a final accounting on the money. e. Dog Park- This item will be dropped off the agenda, until someone steps forward to do the work. f. Buckthorn Busting- Tremere is requesting a grant from the Watershed District. He said there is a group in the city working on "buckthorn" busting. The DNR website has good information about clearing buckthorn. g. Garden Club-Loomis reported that the Garden Club weeded the medians on Winnetka on September 11. They collected 23 bags of weeds. The club is working with the city to get residents to adopt plots. Jeanne Andre and Lynn Gitelis attended the community garden "weed and feed on September 14 at Valley Presbyterian Church. On September 28 The Alliance for Sustainability is getting churches together to start community gardens. h. Neighbors Helping Neighbors-No report. i. After School in the Valley-Loomis contacted librarian Mary Anderson and offered to write a grant application to Hennepin County for funds for youth and teen programming. She reported that the YMCA isn't involved as it has been in the past. Loomis was contacted by a resident at the Common Bond complex about a need for programs at the site. She has talked to recreation supervisors Brian Erickson and Andy Soltvedt about offering programs at Valley Square Commons. j. Volunteers in the Valley-this will be part of the 125 Anniversary Celebrations. Jennifer Lara is spearheading this one-day volunteer event. The committee will be looking for projects to get residents involved. k. Natural History Museum-No report. I. Memorial Day Parade-No report. 6. Valley Days No report. 7. Communications Loomis reported that the September/October Newsletter will be out in two weeks. 8. Recruitment of members to the Executive Board 9. Golden Valley's 125th Anniversary The initial meeting is set for October 22 at 7 pm in the Council Chambers. An invitation letter has been sent and ten RSVPS' have been received. In conjunction with this Mayor Loomis has called a meeting of the Faith Community for 3 pm the same day. She is also trying to have a meeting with area businesses. 10. Future Meetings Meetings will be held at Community Center. Future Meeting dates are: October 21, November 18 and December 16. 11. Adjournment The meeting adjourned at 8:35 pm. Sandy Wens, Volunteer Coordinator Golden galley 4 ~ ~ Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. E. 1. Award Contact to Upgrade SCADA (Supervisory Control and Data Acquisition) System and Equipment to Monitor and Operate Sewage Lift Stations Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The 2010-2014 Capital Improvement Program, Water and Sanitary Sewer, includes $70,000 for the addition of sanitary sewer lift stations to be included in the SCADA system (W&SS-08, page 99). The modifications to the SCADA system will allow staff to monitor, control, document run times, and alarms at the sanitary sewer lift stations. The new system will graph wet well levels alarm status and dial directly to on-call personnel, emergencies, and lift station conditions. The upgrades will also include the addition of automated rain gauges that will graph rainfall events and store the information electronically. Adding the lift stations to the SCADA system eliminates the need for an alarm monitoring company for these facilities as well as the need for daily inspection of the lift stations by City employees. The Minnesota Materials Management Division does not have SCADA equipment on contract. Staff received four quotations from three companies that specialize in SCADA systems. The quotations received are as follows: Lift Stations Quali Flow Qualit Flow Automatic S stems Total Control S stems CT 1500 Controller M-110 Controller Micrologix Controller Micrologix Controller Hi hwa 55 9,475 5,875 9,275 6,267 Woodstock 8,975 5,875 10,204 6,297 Schaper 10,895 5,495 9,715 8,686 Master Modificaitons 11,500 11,500 7,124 5,853 Electricallnstallation 6,300 2,300 8,655 1,787 Total 47,145 31,045 44,973 28,890 Recommended Action Motion to authorize approval for Total Control Systems to furnish and install lift station upgrades to the City's SCADA system in the amount of $28,890. Golden Valley i - r Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. E. 2. Award Golden Valley Golf and Country Club (GVGCC) Excavation Project; Authorize stormwater Maintenance Agreement and Drainage Easement Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary Background In 2009, a stormwater pond located within the property limits of the GVGCC and adjacent to Bassett Creek was identified as having significant sediment deposition. The pond receives approximately 120 acres of stormwater from a residential neighborhood on the north side of the golf course. While this pond receives primarily runoff from public and other private sources, it was within a drainage easement dedicated to the City. As a requirement of the City's National Pollution Discharge Elimination System (NPDES) Phase II Permit, staff has developed a Capital Improvement Plan to dredge pond sediment accumulation to improve the water quality of Bassett Creek and other downstream water bodies. Pursuant to authorization by City Council, staff worked with WSB & Associates and the City Attorney's office to develop contract documents regarding the pond excavation, an easement for the pond, and a pond maintenance agreement between the City and the GVGCC. The easement, which has been executed by the GVGCC, is included for reference. Award Construction Contract Bids for the GVGCC Pond Excavation Project No. 10-11 were opened on November 3, 2010. The following bids were received and are listed as follows: Metro Earthworks $111,400.00 Sunram Construction, Inc. $115,145.00 Blackstone Contractors LLC $124,925.00 Quiring Excavating, LLC $128,025.00 Veit & Company, Inc. $138,605.00 Doboszenski & Sons, Inc. $141,867.00 Stocker Excavating, Inc. $174,606.65 Park Construction Company $202,112.50 Engineers Estimate $128,375.00 Qualifications Metro Earthworks was the low bidder for the project. However, after reviewing the contractor's qualifications and contacting references identified in their proposal, it was determined that Metro Earthworks did not meet the qualifications or the experience necessary to complete the project. Metro Earthworks was informed that the next lowest and qualified bidder would be recommended for the project. Fundin The City's Storm Sewer Capital Improvement Program has identified $100,000 in the 2010- 2014 CIP for this project (page 92, SS-23). The engineering costs for WSB & Associates to complete the project are $23,500. The excavation costs were higher than anticipated due to the presence of polycyclic aromatic hydrocarbons (PAHs) identified when sampling the excavated material. These materials require special disposal practices, thereby increasing the cost. Staff has submitted a grant application to the Minnesota Pollution Control Agency (MPCA) for assistance in disposing of Level 3 soils that are contaminated with PAHs. Staff hopes to receive a favorable consideration of its application within the next 60 days. In the event that the City does not receive a grant from the MPCA for the project, funding is available in the Twin Lake Storm Water Pond Improvement Project (2010-2014 CIP, Storm Sewer, page 91, SS-2). The Twin Lake Storm Water Pond Improvement Project has been cancelled because of the City's inability to obtain an easement for the proposed pond from a private property owner on a voluntary basis. Attachments Location Map (1 page) Drainage Easement (3 pages) Storm Water Quality Treatment Facility Cooperative Maintenance Agreement (5 pages) Recommended Action Motion authorizing a contract with Sunram Construction, Inc. in the amount of $115,145 for the GVGCC Pond Excavation Project No. 10-11. Motion authorizing the Mayor and City Manager to sign the Storm Water Quality Treatment Facility Cooperative Maintenance Agreement. ii =~ Project Extent a11e j ~, `~~rJ ~~ a G° - ---__ _ ------_______ ~_ _, __. _z__~__ , i Golden Valley Golf and Country Ciub ,- ~..~~., ~~' Q ~, ~- Golden Valley Golf Print Date: 11/8/2010 e Sources: O ~ and Country C I u b Hennepin County Surveyors Office for Property Lines (2010). City of Golden Valley for all other layers. - Pond Excavation 200 °°° ~°°e~ DRAINAGE EASEMENT THIS EASEMENT is made as of the day of , 2010, by, between and among the Golden Valley Golf and Country Club, Inc. (Grantor) and the City of Golden Valley, Minnesota, (Grantee) located at 7800 Golden Valley Road, Golden Valley, Minnesota. WHEREAS, Grantor is the owner of certain real property legally located in the City of Golden Valley, County of Hennepin described as 7800 Golden Valley Road, Golden Valley Minnesota 55427. ("subject property"). WHEREAS, Grantor desires to deliver to Grantee a permanent easement for drainage purposes across a portion of the subject property as shown on attached Exhibit A.2, legally described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118, Range 21, Hennepin County, Minnesota; thence North 89 degrees 44 minutes 47 seconds East, assumed bearing along the North line of said Northwest Quarter of the Northeast Quarter, 735.45 feet; thence South 00 degrees 15 minutes 13 seconds East, 138.34 feet to the point of beginning; thence South 55 degrees 30 minutes 19 seconds West, 111.44 feet; thence South OS degrees 10 minutes 07 seconds West, 68.33 feet, thence South 22 degrees 45 minutes 57 seconds East, 81.99 feet; thence South 09 degrees 56 minutes 57 seconds East, 97.41 feet; thence North 87 degrees 33 minutes 55 seconds East, 61.29 feet; thence North 66 degrees 13 minutes 56 seconds East, 84.00 feet; thence North 34 degrees Ol minutes 33 seconds West, 65.20 feet; thence North 07 degrees 03 minutes 27 seconds East, 95.44 feet; thence North OS degrees 52 minutes 15 seconds West, 85.34 feet; thence North 59 degrees 24 minutes 54 seconds West, 64.10 feet to the point of beginning (the "Easement Property"). NOW, THEREFORE, Grantor, in consideration of One Dollar and other good and valuable consideration received from Grantee, does hereby agree as follows: Grantor hereby grants and conveys unto Grantee, its successors and assigns a permanent, easement for drainage purposes over, under and across the Easement Property. Grantor hereby reserves unto itself and its successors and assigns the right to use the Easement Property for other purposes not inconsistent with the rights granted to Grantee under this easement grant. G:\PROJECTS\GVCC Pond Excavation (10-11)\EasementslPond Drainage Esmt.doc Grantor shall indemnify and defend Grantee against any and all claims regarding the Easement Property arising prior to the date hereof, whether known or unknown, including attorneys fees and costs incurred in defending against any such claims. Grantee, by acceptance of this easement, agrees as follows: 1) Grantee shall indemnify and defend Grantor against any and all claims regarding the Easement Property arising by reason of Grantee's use of the Easement Property. Any claim, caused by the Grantee or its agents shall include Grantor's attorneys fees and costs incurred in defending against any such claims. IN WITNESS WHEREOF, Grantor has caused this easement to be executed as of the date first written above. GOLDEN V LLEY GOLF AND COUNTRY CLUB, INC. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The egoin instrument was acknowled before me this ~ day of !'~''~' 2010 b ~G ,the ~ V ~~ (~ of Golden Y Valley Golf and Country Club, Inc., a Minnesota corporation, under the laws of Minnesota, on behalf of the ~~ This instrument was drafted by: Best and Flanagan, LLP (MVP) 225 South Sixth Street, Suite 4000 Minneapolis, MN 55402 By: ~ ~.U"Y~~ ~~~ Its: ~~~ ~ ~~1 e.,~ Notary Public G:\PROJECTS\GVCC Pond Excavation (10-11)\Easements\Pond Drainage Esmt.doc i `' /-REtt tat DF 111E , ~. `' w ~E;DUT1111F5T WM1ER or THE ~ samtAST DUARTER ~ ~ PLYMOUTH AVENUE I ~,~-'• MDPOSED DRNNADE EASEMENT Q I - ®ARFA . 38,020 eq R - al v_i J ~ I TN Eat a nD: - -- - ~3N1EESi WMiE11 ac THE --- --- - - _ --- LLLL NgIT1EI5T d1MiFF •,E~.s'<J'E J35 a= aauol a nt % +• auaxlm ~ 1NE i' / DUMIER OF TDXN9IRP 11& , .'{ ,r I I I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ~ LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ~ STEVEN V. ISCHE DATE. 10/25/10 REG.NO. 22703 Preparedby,• J6;%enbfrveM~e5mM.66Ne960 Mlnnee~~MN 66016 „~,an. ,~. ~q.~m 66R~6,g6E,M~ ~R~a~ P~~ ~a~~n~ NNMG Golden Valley Country Club Pond Improvement Project Drainage Easement Parcel Sketch City of Golden Valley, Minnesota WSB Project No. 1773.074 Date:t t/03/10 ~ rrdtlt'i~':+II~•~ Exhibit A.2 STORM WATER QUALITY TREATMENT FACILITY COOPERATIVE MAINTENANCE AGREEMENT THIS AGREEMENT is made this _ day of , 2010 by and between the City of Golden Valley, Minnesota, a municipal corporation (hereinafter referred to as "City") and the Golden Valley Golf and Country Club, Inc. (hereinafter referred to as "GVCC") with reference to the following facts and circumstances: WHEREAS, the City has a Storm Water Quality Treatment Pond (hereinafter referred to as "storm water pond") located in the northeast portion of the GVCC at 7001 Golden Valley Road, Golden Valley, Minnesota. The subject storm water pond is located north of Bassett Creek, south of Plymouth Avenue, and west of Hampshire Avenue within an easement legally described in Exhibit A.l and illustrated on Exhibit A.2 attached. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. For the purposes of this Agreement, maintenance of the storm water pond shall include the following: A. The City shall undertake an annual inspection to document that the storm water pond is functioning adequately for its intended use, holds water as designed under normal precipitation, stream flow and ground water conditions, and in accordance with the approved plans and maintenance responsibilities set forth in this document. Annual inspection of the storm water pond shall not render the City responsible for the ongoing maintenance needs of the storm water pond or for the costs of such maintenance. B. If necessary, at the sole discretion of the City, the City shall undertake at its expense periodic dredging or removal of silt buildup and other deposited materials within the storm water pond to maintain its water quality treatment capacity and proper operation and that it is retaining water as designed under normal precipitation, stream flow and ground water conditions in accordance with its intended use and as established in the construction plans on file in the City's Public Works Department. The City shall be responsible for restoration of the landscaping necessary as a result of the City's dredging or silt removal operations, including the native buffer vegetation, adjacent to the storm water pond according to the original design and construction plans on file with the City. C. The GVCC agrees to provide to the city for its personnel and equipment, or the personnel and equipment so designated by the city, pursuant to contract, access to the storm water pond for inspection, dredging, and removal of silt and other deposited materials within the storm water pond, so long as the storm water pond shall function as a storm water quality treatment pond. The location of the access and the time for G:\PROJECTS\GVCC Pond Excavation (10-11)\Agreements\Pond Maintenance Agreement Final.docx any such inspections or work shall be agreed upon by the club and the City. Such time and access shall be freely given, as reasonably needed. D. The GVCC shall be solely responsible for removal of floatable debris in and around the storm water pond area including any debris that may obstruct the storm water flow. The city will be responsible for removal of any pollutants in and around the pond, not caused by GVCC. The GVCC shall maintain, at its expense, the landscaping adjacent to the storm water pond according to the original design or approved modifications on file with the City, including, but not limited to the native vegetation buffer area and other plant materials. If the GVCC does not undertake the maintenance as determined to be necessary by the City, within thirty (30) days of notification by the City, the City may undertake or contract such maintenance. The costs reasonably incurred by the City for undertaking or contracting such maintenance shall be reimbursed by the GVCC to the City, upon request. 2. The GVCC may, upon written request to the City and written consent of the City, modify the location of tee boxes, irrigation systems, and trails within the easement area and the associated native buffer area. The GVCC shall be responsible for all costs associated with these modifications and restoration of all turf, including landscaping adjacent to the storm water pond according to the original design or approved modification thereof. 4. The terms and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS. WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. GOLDEN VALLEY GOLF AND COUNTRY CLUB, INC. By: Its: ~~~e.2~ ~ de.~ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of ~'"~' ; 2010 by ~t ~~~tz.~ !/~ ~ L c.~.~ti ,the ` t~~5~t~wf" r~ ~~~ b ~= 1',, .nom Golden Valley Golf and Coun Club, Inc., a Minnesota corporation, under the laws of Minnesota, on behalf of the ~~ Notary Public ;•• •,;.. MICHAEL D TEWKSEiI!!?'Y ~' Notary Pub~~~ Minnesc+t M Commission Ex fires Janua ~ i~ G:\PROJECTS\GVCC Pond Excavation (10-11)\Agreements\Pond Maintenance Agreement Final.docx ' CITY OF GOLDEN VALLEY By: By: Linda R. Loomis, Mayor Thomas D. Burt, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was executed and acknowledged before me on this day of 2010, by Linda R. Loomis and Thomas D. Burt, Mayor and City Manager, respectively, of the City of Golden Valley, a Minnesota municipal corporation. Notary Public THIS INSTRUMENT DRAFTED BY Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley MN 55447 0 000 90/48 0568/1 23 7223_1 G:\PROJECTS\GVCC Pond Excavation (10-11)Wgreements\Pond Maintenance Agreement Final.docx EXHIBIT A.I A permanent easement for drainage and access purposes over and across the Golden Valley Country Club property described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118, Range 21, Hennepin County, Minnesota; thence North 89 degrees 44 minutes 47 seconds East, assumed bearing along the North line of said Northwest Quarter of the Northeast Quarter, 735.45 feet; thence South 00 degrees 15 minutes 13 seconds East, 138.34 feet to the point of beginning; thence South 55 degrees 30 minutes 19 seconds West, 111.44 feet; thence South OS degrees 10 minutes 07 seconds West, 68.33 feet, thence South 22 degrees 45 minutes 57 seconds East, 81.99 feet; thence South 09 degrees 56 minutes 57 seconds East, 97.41 feet; thence North 87 degrees 33 minutes 55 seconds East, 61.29 feet; thence North 66 degrees 13 minutes 56 seconds East, 84.00 feet; thence North 34 degrees O1 minutes 33 seconds West, 65.20 feet; thence North 07 degrees 03 minutes 27 seconds East, 95.44 feet; thence North OS degrees 52 minutes 15 seconds West, 85.34 feet; thence North 59 degrees 24 minutes 54 seconds West, 64.10 feet to the point of beginning. G:\PROJECTS\GVCC Pond Excavation (10-11)\Agreements\Pond Maintenance Agreement Finai.docx I I I WEST NNE OF TIE :~ W ~SWMWEST glWxTk OF ME ~ s°unlusr OeMm' ~ ~ PLYMOUTH AVENUE z a ~ ~ i. .•~: •' ® caorosET oWraNnoE E~sENENr Q ~ - - ertEw . x,oxe ey n z - a N O I ..1 I OnTI NNE of TIE NMTIWESi WM7ET OF 1NE NORIFIEATf WN2TF ~.~c5':s's,'E EWET Sf TIE WMIFA OF TR 1~ ; WM1fli OF IeTNS11P 115, ~ , I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR I UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED I LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ~ STEVEN V. ISCHE DATE. 10/25110 REG.NO. 22703 iNING arepa7pe,ty.~ Golden Valley Country Club Pond Improvement Project W~B ,o;x.;,;,a„~„„~3~„,s.„~,oo Drainage Easement ~~m~:~~~,m . „~ Parce( Sketch N~„~~,~E`~N,~p~ ;,~,~, ~ W;;o„ City of Golden Valley, Minnesota T Im v_ 'u WSB Project No. 1773.074 Date:11103/10 ~ rr~t~'dl=;ill~'~ Exhibit A.2 G'it ~~ ~~f o en galley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. F. Authorize Participation in the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Prepared By Jeannine Clancy, Director of Public Works Mitchell Hoeft, Engineer Summary The Minnesota Legislature has appropriated $3,000,000 to the Metropolitan Council for the Infrastructure Inflow/Infiltration Grant program. The purpose of this program is to provide reimbursement to municipalities for capital improvements to public municipal wastewater collection systems, which reduce the amount of inflow and infiltration into the Metropolitan Council's sanitary sewer disposal system. The appropriation was the result of efforts by the Association of Metropolitan Municipalities and the cities of West St. Paul and Golden Valley. Staff recommends submission of a grant application requesting reimbursement of project costs directly related to inflow and infiltration reduction improvements in the City's municipal sanitary sewer lines. Staff anticipates that it could receive $50;000 from this program. Additional grant funds may be available if eligible cities are not able to document costs associated with inflow and infiltration reduction activities and funds remain after the initial screening of applications. Attachments Resolution Authorizing Participation in the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the Reimbursement of Project Costs Associated with Inflow/Infiltration Improvements (1 page) Recommended Action Motion to adopt the Resolution Authorizing Participation in the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the Reimbursement of Project Costs Associated with Inflow/Infiltration Improvements. Resolution 10-67 November 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE METROPOLITAN COUNCIL MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM FOR THE REIMBURSEMENT OF PROJECT COSTS ASSOCIATED WITH INFLOW/INFILTRATION IMPROVEMENTS WHEREAS, funding is available from the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the reimbursement of project costs associated with inflow/infiltration improvements; and WHEREAS, the City of Golden Valley has made improvements to the municipal sanitary sewer system which reduce the amount of inflow and infiltration entering the Metropolitan Council Environmental Services system. NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council hereby authorizes the. Director of Public Works or her designee to prepare and submit the Metropolitan Council Inflow/Infiltration Grant Program application on behalf of the City of Golden Valley. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Golden Valley a R ~ ~ ~~ Public Works 763-593-8030 1763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. G. Granting of Permanent Easement to General Mills, Inc. for Pedestrian Bridge and Other Facilities Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Summary As part of the City's Trunk Highway 55/Boone Avenue construction project (02-5), General Mills conveyed an open space portion of its campus to the City for floodplain and wetland mitigation and as a .nature preserve. That property, conveyed in 2003, is now known as the General Mills Nature Preserve. Exhibit A of the attached warranty deed describes the property conveyed to the City and states that the land is subject to a "north-south access easement...for roadway, sidewalk, trail, bridge, and utility purposes" for the benefit of both parties. As the City now owns the property, the easement would allow General Mills access and the installation and maintenance of facilities between its 201 General Mills Boulevard campus and Betty Crocker Drive. The location of the easement was not determined at the time of property conveyance and therefore a document was not previously drafted. Situated on the conveyed property is an aging (circa 1930s), substandard bridge crossing Bassett Creek and connecting asphalt trails on both sides. In 2010, General Mills approached the City with a request to finance and construct a new pedestrian bridge that would meet current codes and standards. The Gity and the Bassett Creek Watershed Management Commission agreed and issued permits to General Mills to construct the new bridge, with the intent to execute the access easement described in the warranty deed. Staff worked with General Mills to determine the location of the bridge and easement, and the 60-foot wide easement is centered upon the new pedestrian bridge. The proposed easement is generally located along Bassett Creek, east of Trunk Highway 169, west of General Mills Boulevard, and north of Betty Crocker Drive. The easement states that General Mills will pay for the costs to design, install, and maintain its facilities, and that it must maintain all facilities that it constructs, installs, or uses in the easement area, including the removal of snow. Staff worked with the City Attorney's office to draft the easement and General Mills has reviewed and approved the document. If approved by City Council, staff will obtain signatures and have the easement recorded with Hennepin County. Attachments Location Map (1 page) Warranty Deed (4 pages) Easement (5 pages) Recommended Action Motion to grant permanent easement to General Mills, Inc. for pedestrian bridge and other facilities in the vicinity of an area north of Betty Crocker Drive, west of General Mills Boulevard, crossing Bassett Creek. 622-50 I - - - ~ ,, i 8804-40 ~ >. ~ i ~ _.~~..~ _ 7th Ave N 1 ~ I ~' - 8851 ~__~------i I ~~ ' 9240 9140 ~ ? I III r~ ~ ~ I 9400 0 9210 i 9110 50 0 i _- '9326' rn 9300 9200 ~ ~ 8900 V ~ $806 ..__._.~ mT $ g:. ` ' ` ~' . '~ _ Gi O I C~ ~ t". ~'a l l €:~ ~,l ~ t:'~ fO 4-{ ~,,, 7 ~ i _~ ~ - ~-, .. I ! g ° '~ .. $~ ...-~_ rim. - _ - _., - ~ ~~ 9300 9130 rn " ^ , _~s%~~_~ _ - - I I 9220 _ ~ ~ Rd _-----I~i $e,5 66„ ~ ~ nta9e I ~-~'_- ~ 4~ 44~ '~ 424 ... ~ Zd° _~ S F Y --~ __.~ , ~ ~ 433 ~~ 432 (x3 ~ ~ ~ _ ... _ ": - .~-----.~ I ~ ° ` ~ 42 f~ 423 -. ~.w~` 42 ~ ~ 4s} ~_ ~ ~..< 19141. ...~ 421 ~' ~-. ~ ._. ~1 .. .. __ 9200 I 111 ~[ -. -~ ~ ~ („= 416 !i t- '~ /, /~// ~ Isia~ ~ 3°' __ ~ 10 ~ i ~ m ~ `~ (~,~ ao8 ! KARE-11 1 _e.. ~ _ ~ _ ~ . ._ 3as 9143 339 r 325 , rn m i $, '{!} ~ --- ~-. ~m aO1,~ m-'~ i .. ~ ~ _ ~ _~- ~_ __ _ ,; 'Gener~L ~ilills ___ ~ad~~ld ~.~~ , __ '~~ Na t e ~ - ~ ~'g, 45 ~ e ' Pre rve I ~~ 201 ~~ General ~^ I Mills s ~ I 'v POnd `" ~: S I ~- ~ tt G~necal ~ S ~ ~ Mill s _~-- 5 ~ -~ ~a' ~~ett C cor er p ~~~ Office ~ ~ ,o .- .,r ~~ ~i ~.. ~ Idg ` ,- ~ ~ ,~-'r- c I , . ~~, ~l~ ~: _ ~,. , .___ ~~ . _~ ~~ ~ ~ ,. -- _ ~ -, 169 - General Mills ~\~ World Headquarters ~, i i -_~ i ~ r_~ -- , l i i ~ O e L.OCation Map General M~IIs Pedestrian Bridge Print Date: 11/5/10 e Sources: Hennepin County Surveyors Office for Property Lines (2010). City of Golden Valley for all other layers. 2°° 4°° e°° Feet n. ~~ . !'• ~ ~ aj ryZ~~JJ WARRANTY DEED ~olltl No. 9-M MLmesora Uniform Conve ancin Blanks (6117/97 Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company ~ ;ri No delinquent taxes and transfer entered; Certificate of Real ~ ~ ~ Estate Value ( )filed (~) not required. Certificate of Real ei ~, ~ -. ~ Q Estate Value No. -xa _,~ PATRICK H. O'CONNO:R a ~. era ~, ..~, `• 4' .~ .., County Auditor. c7 ~ ~ 1-`-` ~ ~*~ ~",~', p R172 ~ ~' ~ ~ ~ _ by, ~' ~`' ~ ~~- .: £r is Deputy DEED'FAX D . ~ ~ ~, ' •3yF;rX ;riix 'c.'~ Date: A~n'1 _ -_15. _ _ __ _, 2003 . (reserved for recordine data) FOR VALUABLE CONSIDERATION, _General Mills. Inca , a comoration under the laws of nelaware , Grantor, hereby conveys and warrants to City of C,nldgy Valley ~ ,Grantee, a mnnirinal comoration udder [he Iaws of Minnesota , real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof. The above described real property is hereby granted by Grantor and is accepted by Grantee, upon, in consideration of, and subject to, .the conditions, reservations and exceptions as set forth in Exhibit B attached hereto and m~rt° a Hart hereof. f - ~~p2 i Henn Ca SDT ~~ -ooc3 ; LKD ~ 252,75 - cr. r •/ 4J 17120t:l3 Pell $i.?0 ,~i^ ~ ~~ a1:3~ °ooai , together wiW all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Those conditions, reservations and exceptions as set forth in Exhibit B attached hereto and made a part hereof. Check box if applicable: ® The Seller certifies that the Seller does not know of any wells on the described real property. ^ A well disclosure certificate accompanies this document. D I am familiar with the property described in this instntment and I certify that the status.and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. The sale price or other consideration given for this property was $1000 or less. '?he Total consideration(nn~fior th(s transfer Of props IIeTTx'SttLlIere STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on by JliLic,y,9 SL H. /U0,2asredm the _ l//GL A2.£s i a F.-~y r of General Mills Inc. under the laws of Delaware r ~ KATHLEEN T. SWAN$ON NOTARY PUBLIGMINNESOTA MY COMMISSgN EXPIRES 1.91@0~ a ~ John H. Herman Faegre & Benson LI:,P 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 GENERAL By Its By Its ss. April ~~ .2003 , (Haw) _ and _ and _ , a comoration behalf of tlie" comoration ~i T.~ ~a~---- SIGNATIIRE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) p Tax Statements for the real,property described in this instrument should be sent to (Include name and address of Grantee): City of Golden Valley City Hall 7800 Golden Valley Road Golden Valley, MN 55427-4588 ;~ . (. EXHIBIT A Legal Description The Land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: Parcel 1: That part of Lot 1, Block 1,. CAMPUS VIEW, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota lying southerly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 0 degrees 03 minutes 47 seconds East, assumed bearing along the east line of said Lot 1, a distance of 839.46 feet to the point of beginning of the line to be described; thence South 65 degrees 02 minutes 15 seconds West a distance of 110.28 feet; thence South 49 degrees 37 minutes 46 seconds West a distance of 146.67 feet; thence southwesterly and. westerly a distance of 91.66 feet along a tangential curve concave to the north having a radius of 80.00 feet and a central angle of 65 degrees 38 minutes 37 seconds; thence. north 64 degrees 43 minutes 37 seconds West tangent to said curve a distance of 871.56 feet to the westerly line of said Lot 1 and there terminating. Excepting therefrom a permanent easement for roadway, pedestrian sidewallc or trail, drainage and utility purposes over, under and across the above described parcel within the following described area: __ The east 5.00 feet of the south 175.00 feet of said Lot 1, Block 1; CAMPUS VIEW. AND Parcel 2: That part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 118 North, Range 21 West of the Fifth Principal Meridian, Hennepin County, Minnesota and the North Half of the Southeast Quarter of the Southwest Quarter of said Section 31 lying northerly of the Betty Crocker Drive and Highway No. 169 right-of--ways described in Document Number 1006455 and Document Number 4570487, and lying southerly of the following described line: Commencing at the southwest corner of said Section 31; thence North 0 degrees 24 minutes 54 seconds West along the west line of said Section 31 a distance of 391.47 feet to the point of beginning of the line to be described; thence North $4 degrees .16 minutes 34 seconds East. a ~j "distance of 263.68 feet; thence North 63 degrees 30 minutes 03 seconds East a distance of 890.99 feet; thence South 88 degrees 51 minutes 10 seconds East a distance of 110.16 feet to the west line of the east 2 acres of the North Half of said Southwest Quarter of the Southwest Quarter, thence South 0 degrees 14 minutes 19 seconds East along said west line of the east 2 acres to the center line of Bassett Creek; thence Southeasterly along said center line to the south line of said North Half of the Southeast Quarter of the Southwest Quarter and there terminating. Excepting therefrom the westerly 100 feet. Y ~ AND FURTHER: Subject to a north-south access easement across the Pazcel 1 for roadway, sidewalk, trail, bridge and utility purposes, for the benefit of Grantor and Grantee, their successors and assigns, having a width of approximately 60 feet in a location acceptable to Grantor and Grantee to allow access by and to property north of such easement to Betty Crocker Drive. Upon determination of such easement, Grantor and Grantee shall record an instrument suitably describing the agreed upon easement. Consent to the location of this easement shall not be unreasonably withheld by either P~Y• Subject further to a communication/utility line easement for benefit of Grantor, its successors and assigns, -over, under, across and through the easterly half of Parcel 1, for existing and future communication/utility line use. M1:968036.02 EXHIBIT B Permitted Exceptions The above described real property is hereby granted by Grantor and is accepted by Grantee; upon, in consideration of, and subject to, the following conditions, reservations and exceptions:. 1. Said real property shall be used exclusively for recreational and open space purposes, and shall be continually maintained as such under the jurisdiction of the City ofGolden Valley, in a clean, attractive and suitable condition. 2. The Grantor, at its sole discretion, shall have the right to repair, maintain, and improve the above described real property, generally in its current condition, as part of the overall campus of Grantor. All costs of such repairs, maintenance, and improvements by Grantor shall be paid by Grantor. Grantor and Grantee shall from time to time, as is appropriate, discuss repairs, maintenance, and improvements of the real property. Grantor shall provide Grantee with not less than sixty (60) days notice prior to the termination of this option to repair, maintain, and improve the real property. 3. Said real property shall not be used for purposes of a public playground, or for games, but shall. be held and used exclusively for passive recreational and open space purposes, which passive recreational use may include the construction and maintenance of public walking and/or biking trails. _ _ ._. _. 4. If any of the conditions in this deed shall not be observed or performed, of there ' shall be any violation of the same in any manner, then title to the real property shall revert to, and become vested in Grantor, or its successors and/or assigns, having fee title to the largertract (or any parts thereof) immediately adjacent to and lying to the north of the above described real property; provided, however, that no such forfeiture or reversion of title shall take place until any default violation or failure herein specified shall continue for a period of six months after notice in writing given to Grantee by Grantor, its successors or assigns, to remedy, rectify, or provide for the performance thereof; but a failure on the part of Grantor, its' successors or assigns, to give such notice in any case, shall not be construed as a waiver of any subsequent or continuing default, violation or failure that may occur. M1:968036.03 EASEMENT This Easement granted this day of , 2010, by City of Golden Valley, a Minnesota municipal corporation ("Grantor") in favor of General Mills, Inc., a Delaware Corporation ("Grantee"). WHEREAS, Grantor is the fee owner of certain real property legally described on Exhibit A attached hereto and made a part hereof ("Servient Estate"). WHEREAS, Grantor wishes to deliver to Grantee a permanent easement for access, roadway, sidewalk, trail, bridge and utility purposes over, under and across a certain portion of the Servient Estate also described on Exhibit A ("Easement Area"). NOW, THEREFORE, Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration, received from Grantee, does hereby agree as follows: 1. Grantor does hereby grant and convey unto Grantee, its successors and assigns a permanent easement for access and the installation and maintenance of a roadway, sidewalk, trail, bridge, and utilities ("facilities") over, under and across Easement Area. 2. Grantor hereby reserves unto itself and its successors and assigns the right to use the Easement Area for other purposes not inconsistent with the rights granted to Grantee under this Easement agreement. Grantor shall be responsible for its use of the Easement Area, including, but not limited to the costs of construction of any improvements installed by Grantor thereon and the maintenance thereof. 3. Grantee agrees that it shall pay for the cost of the design, installation, and maintenance ofthe roadway, sidewalk, trail, bridge, and utilities which Grantee constructs, installs or uses in the Easement Area. 4. Grantee shall maintain the facilities which Grantee constructs, installs or uses within the Easement Area including, but not limited to, snow removal. 5. The owners of the Servient Estate and the Grantee from time to time will execute, acknowledge and deliver such further assurances of the Easement as may be necessary, convenient or desirable for the purposes of clarifying, better locating, releasing or further defining the nature, extent and location of the Easement. 6. This Easement Agreement shall run with the land and be binding on Grantor's and Grantee's respective successors and assigns. G:\Easements\General Mills Access Esmt\General Mills Access.doc IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement to be executed as of the date first written above. CITY OF GOLDEN VALLEY By: Linda R. Loomis, Mayor By: STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN Thomas D. Burt, City Manager The foregoing instrument was acknowledged before me this _ day of , 2010, by Linda R. Loomis, the Mayor and Thomas D. Burt, City Manager of the City of Golden Valley, a Minnesota municipal corporation on behalf of the corporation, Grantor. Notary Public G:\Easements\General Mills Access Esmt\General Mills Access.doc GENERAL MILLS, INC. By: Its: STATE OF MILANESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _ day of , 2010, by the of General Mills, Inc., a Delaware Corporation on behalf of the corporation, Grantee. Notary Public This instrument drafted by: Best & Flanagan LLP (MVP) 225 South Sixth Street, Suite 4000 Minneapolis, MN 55402-4331 G:\Easements\General Mills Access Esmt\General Mills Access.doc Exhibit A Owner: City of Golden Valley P.I.N.: 31-118-21-33-0012 Description of servient Estate: That part of Lot 1, Block 1, CAMPUS VIEW, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota lying southerly of the following described line: Commencing at the northeast corner of said Lot 1; thence South 0 degrees 03 minutes 47 seconds East, assumed bearing along the east line of said Lot 1, a distance of 839.46 feet to the point of beginning of the line to be described; thence South 65 degrees 02 minutes 15 seconds West a distance of 1 ] 0.28 feet; thence South 49 degrees 37 minutes 46 seconds West a distance of 146.67 feet; thence southwesterly and westerly a distance of 91.66 feet along a tangential curve concave to the north having a radius of 80.00 feet and a central angle of 65 degrees 38 minutes 37 seconds; thence North 64 degrees 43 minutes 37 seconds West tangent to said curve a distance of 871.56 feet to the westerly line of said Lot 1 and there terminating. Description of Easement Area: That part of the servient estate which lies within a 60.00 foot wide strip of land being 30.00 feet wide on each side of the following described center line: Commencing at the southeast corner of said Lot 1, Block 1, CAMPUS VIEW; thence on an assumed bearing North 89 degrees 38 minutes 26 seconds West, along the south line of said Lot 1, a distance of 60.18 feet; thence northwesterly 390.06 feet along the arc of a tangential curve concave to the northeast having a central angle of 24 degrees 25 minutes 36 seconds and a radius of 914.93 feet to the point of beginning of the center line to be described; thence North 18 degrees 23 minutes 03 seconds East, 125.66 feet to the northerly line of the servient estate, and said center line there terminating. The side lines of said strip of land to be prolonged or shortened to begin on the south line of said Lot 1, and end on the northerly line of the servient estate. Said permanent easement containing 7,529 square feet (0.173 acres) more or less. G:\Easements\General Mills Access Esmt\General Mills Access Exhibit A.doc ~M\ 4, 7 ~B ~¢3° ~ 4Y PIN: 31-118-21-33-00 l 2 ~ Owner: City of Golden Volley BF\ CROC~e \ ~ ~ R ,,,, J" `\\ b 3p W ~ o. %-?/ ro N^ / C 3p \\ Drainage and Utility Easement per plat of Campus View (Parcel 1: Doc. No. 3721135) The S. Line of Lot 1, Block 1, (N'ly right-of-way of Betty Cr. ~`~~ 1 _ ~\ ~ 390.06-_ d 24~ 25' 36°~ ~ = 914.93' Easement Area = 7,529.66 ft2 (0.173 Acres) 50 0 50 100 scale 25 feet C/1a7CMCIV 1 a'~nC 1 Vrl _ PHONE: (651) 4sD-zooo DATE: GENERAL MILLS 60-FOOT 3535 VADNAIS CENTER DR. J ~ ACCESS EASEMENT EXFi~IT A SEH ST, PAUL, MN 55110 D9 O1 lO W 69' V3B~' 26" W ° `Golden Valley - - ~ ~. ~ _ City Administration/Council 763-593-8096 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. H. Authorization to Sign Patrol Officer (EELS Local 27) Agreement Prepared By: Chantell Knauss, Assistant City Manager Summary A one year agreement with EELS Local 27, the Patrol Officer unit of EELS, has been reached. The agreement provides for the following: • Under Article 21 -Funeral Leave includes stepchild in the definition of immediate family • Under Article 27 -Field Training Officer Compensation includes additional language to clarify that the daily FTO training assignment and/or initial training of a new officer is included. This formally documents what was already in place. • 1.5% increase in wages for 2011 (there was a 0% wage increase in 2009); • increase in the monthly insurance contribution equivalent to the increase provided to non-union employees, including the $20 wellness incentive The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement -EELS Police Officer 2011 (20 pages, underscored/overstrike version, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager sign the 2011 Patrol Officer agreement. LABOR AGREEMENT LELS POLICE OFFICER For 2011.0 This Agreement dated d~u-ar~4-9November 16, 2010 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the "Employer" and Local #27 of Law Enforcement Labor Services, Inc., hereinafter referred to as the "Union." DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them. EMPLOYER: City of Golden Valley or its representative UNION: Local #27 of Law Enforcement Labor Services, Inc. EMPLOYEE: A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union MEMBER: A member of LELS Local #27 in the bargaining unit to which this contract applies ARTICLE 1. Purpose of Agreement. This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179A.03, Subdivision 14, for all employees of the Golden Valley Public Safety Department bargaining unit as identified by the Bureau of Mediation Services, Certification of Exclusive Representative dated August 24, 1978, case #77-PR-866-A. -1- Section 2. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interference by the Union", except as limited by the terms of this Agreement. City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Lay off Employees. c. Demote, suspend, discipline or discharge Employees. d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub-contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal work day, hours of work, the beginning or ending time of each shift or assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget and the utilization of technology. g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. -2- ARTICLE 4. Union Security. Section 1. A. The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of Paragraph A of this Section. Section 2. The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. Section 3. The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with 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 3Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and LELS. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. If the dispute is not solved by the Step 3 process, the written grievance with the information required in Step 3, shall be -5- presented to the Employer-designated Step 4 Representative. This shall be submitted within ten (10) days from receipt of the Step 4 grievance and the answer shall be transmitted to the Employee and LELS. Step 5. A grievance unresolved in Step 4 may be appealed by the Employee and LELS to Step 5. Notification of intent to appeal to Step 5 shall be made within ten (10) days of receipt of Employer's Step 4 answer. A Step 5 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Bureau of Mediation Services. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. -6- Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 4, the grievance remains unresolved, the grievance may be appealed either to Step 5 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized -Step 5 of Article 8 or another appeal procedure -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Article 8. ARTICLE 9. Safety. It shall be the policy of the employer that the safety of employees, the protection of work areas, the adequate training in necessary safety practices and the prevention of accidents are a continuing and integral part of its every day responsibility. It shall also be the responsibility of all employees to cooperate in programs to promote safety to themselves and the public and to comply with rules promulgated to ensure safety. This employee responsibility shall include the proper use of vehicles, equipment and all safety devices in accordance with recognized safety procedures. It shall be the responsibility of the employer to maintain all employer-owned equipment in a safe and workable order, repairing or replacing as needed. ARTICLE 10. Working Out of Classification. A Patrol Officer assigned as Officer in Charge will receive .75 hour of straight time pay or .75 hour accrued time for each four (4) hour period so worked. A Detective assigned as Officer in Charge for a period of four (4) or more consecutive hours will receive .75 hour of straight time pay or .75 hour accrued time for each four (4) hour period so worked. ARTICLE 11. Seniority. Section 1. Definition. Seniority shall mean an Employee's length of service with the Department since their last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without pay. For the purposes of this Agreement, time off due to disciplinary action will not be counted as Leave of Absence Without Pay. The Union shall prepare a seniority list to be submitted to the Employer for approval and posting. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new employees -7- shall be hired until the lay-off list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted Employee may be returned to their previous position at the sole discretion of the Employer. The probationary period shall be one (1) year for promoted Employees and one (1) year for new Employees from date of hire or completion of basic recruit school if completed while on City payroll. ARTICLE 12. Discipline. Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Written reprimands will be purged from the Employee's personnel file and be of no effect 18 months after the date on which Employee acknowledged the reprimand. Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garrity Warning is given prior to being questioned regarding a possible disciplinary action, or when the employee feels anon-Garrity discussion with a supervisor may lead to discipline. In the case of anon-Garrity discussion, if a representative is requested but cannot appear within two (2) hours, questioning may proceed. -8- Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 4 of the grievance procedure. ARTICLE 13. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training and vacations. Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. All regularly scheduled hours worked over 2,080 in a 52 weeks calendar year (except as provided in Article 24) shall be compensated as overtime pursuant to Article 17. Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted 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 court, whichever is greater. An extension or early report to a regularly scheduled shift does not qualify the Employee for the minimum. When an Employee is notified of a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. -9- ARTICLE 15. Call Back. An employee called back to work outside of their regularly scheduled shift shall be paid for a minimum of three (3) hours at time and one-half of their regular base rate of pay. However, nothing in this Section shall be construed to prevent a supervisor from requiring an Employee to report early to their shift which shall be compensated at straight time provided that the total hours worked on the early report do not exceed that which is scheduled normally. Call back starts from receipt of order to return. ARTICLE 16. Standby. Employees specifically required by the Employer to stand by shall be paid for such standby time at the rate of one hour regular pay for each hour of standby, with a minimum of two (2) hours of pay. ARTICLE 17. Overtime. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. The Employer has the right to require reasonable assignments of overtime work and such assignments shall be performed by the Employee except as otherwise provided in this Agreement. Employees shall be compensated at one and one-half times the employee's base rate of pay for hours worked beyond the Employee's regularly scheduled work shift. Changes in shifts do not qualify the Employee for overtime. For the purpose of computing overtime compensation, overtime hours worked shall not by pyramided, compounded or paid twice. Overtime shall be calculated to the nearest 1/10 of an hour. Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the overtime hours in 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 -10- disability of the Employee, or because of death or critical illness in their immediate family, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that they have been absent as authorized above, or if more than two days, that they have been under treatment and supervision of a doctor or dentist who recommended work not be performed. If Employee has been incapacitated for the period of their absence or a major part thereof, they may be required to provide evidence that they are again physically able to perform their duties. Sick leave shall be computed on a working day basis when used. Sick leave is intended as a benefit primarily to the Employee themselves and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. Employees hired under the PTO plan are subject to the provisions under Article 24. ARTICLE 19. Termination Pay. Termination removes job rights and benefits and rehire status benefits as with a new Employee. Settlement of all benefits for the Employees who have been laid off, retired, or whose actions were not a factor in their termination shall be 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. 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 -11- 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 5 years until completion of 10 years 11 years 12 years 13 years 14 years 15 years 16 years 17 years 18 years 19 years 20 years and above 2 weeks 3 weeks 3 weeks plus 1 day 3 weeks plus 2 days 3 weeks plus 3 days 3 weeks plus 4 days 4 weeks 4 weeks plus 1 day 4 weeks plus 2 days 4 weeks plus 3 days 4 weeks plus 4 days 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six month period, annual leave accrued during the initial six month period will be granted. Section 2. Vacation periods shall be selected on a seniority basis within the bargaining unit. Prior to June 1 vacations will be selected on a seniority basis. After June 1, vacation periods shall be selected as available without seniority privilege. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry over double their current accumulation from one calendar year to the next. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five year period. Such requests shall be made in writing and are subject to the approval of the City Manager. Section 5. Employees hired under the PTO plan are subject to the provisions under Article 24. ARTICLE 23. Holidays. 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 selected on a seniority basis in accordance with Section 22.2. After June 1, paid-time off periods shall be selected as available without seniority privilege. Arrangements for taking PTO must be arranged in advance with the supervisor in charge of the work schedule. PTO will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot PTO in order to ensure the orderly operation of the City. Paid time off shall be used in quarter hour increments. -14- Section 3. Employees shall be permitted to accrue to the maximum hours as designated above, equivalent to 1.5X their current annual PTO accumulation plus holidays. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five year period. Such requests shall be made in writing and are subject to the approval of the City Manager. ARTICLE 25. Injury on Duty. Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave, PTO or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. ARTICLE 26. Training and Department Meetings. The City will pay for ongoing Post Board licensing required of each officer. Training and meetings beyond 2080 hours in the work year will be compensated at time and one-half consistent with Article 17 of this Agreement. Travel time will be paid in accordance with FLSA definitions of compensable time. ARTICLE 27. Field Training Officer Compensation. Employees working as Field Training Officers shall receive .66 hour of straight time pay or .66 hour accrued time for each 4 hour period so worked. This is inclusive of a daily FTO training assignment and/or the initial training (such as firearms and use of force) conducted upon hire of a new officer. ARTICLE 28. Qualifications for Continuing Employment. Any Employee deprived of their state license to act as a police officer shall be suspended without pay during that period. ARTICLE 29. Personal Liability Insurance. The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to persons, property, or character, when such alleged false arrest or alleged injury to person, property, or character was the result of an arrest made by such officer in good faith and in the -15- performance of their official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees. ARTICLE 30. Educational Reimbursement. The City will reimburse 100% of the Employee expenses 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. 38a0 64 9 MO. 1 YEAR 2 YEAR 3 YEAR 01 01 11 $3663.78 $ : - - $3908.39 $491.38- $4073.58 ~4-4~~:-0-2- - $4479.21 $4.94.8:6 -- $5022.84 ~~4~.1~ $5564.39 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. 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 -17- 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 $4831086 per month for insurance for ~9-'f9 w#+s#+~ in~1,T,~,a~YeaB-pe~~era###ar s~Fn~j~fi~IT~_7~~~nFef}~~p~a~s~nrth7~C~T r_cnr~nc~ro~J ~~iollnoc~o ini#i,_._.~$~ 2011 _which includes "~N $20 per month for those who successfully participated in the wellness initiative in 2010. The amount of increase w+N-be-is equal to 50% of the largest increase in the "Family" premium. Insurance must be purchased from a City approved vendor and be a City authorized plan. The City shall contribute towards insurance through the end of the month in which termination occurs. The City will provide Long Term Disability Insurance for the bargaining unit. Section 4. Uniform Allowance. City will provide all necessary uniforms and equipment. Employees in any of the enumerated non-uniform special assignments shall receive $600.95 for clothing in 20119. That rate will be adjusted each year hereafter by the October to October Consumer Price Index/Apparel Index. Employees who are assigned to plain clothes assignments (see Article 30, Section 5) for 16 hours or more in a payroll period shall receive $5 for each 8 hours in that assignment or $3 for increments of 4 hours or multiples thereof. In addition, officers assigned for more than 45 days to plain clothes shall receive $246.43 supplemental clothing allowance. The numbers reflected in the clothing allowance are based on the CPI-U Midwest Region. The City will agree to repair or replace where necessary, leather holsters worn in the line of duty for the City. Replacement and repair of individual weapons will be reviewed and decided by the City Manager on a case by case basis. Section 5. Promotions. Officers who are promoted to the following classifications shall receive an amount equal to 5% of top patrol base pay as additional compensation: Detective, and other classifications that are mutually agreed upon. After 12 consecutive months in one of these classifications, the officer shall be considered to have completed their probationary period in that classification. Section 6. Special Assignments. The Police Chief may appoint patrol officers into special assignments in the Investigation Division for the purposes of career development, for a period not to exceed eighteen (18) months. Officers so assigned shall receive five percent (5%) additional compensation and shall be considered to be in a probationary period throughout the assignment period. Section 7. Other Assignments. The Police Chief may assign patrol officers to other types of special assignments as they arise. The duration and specific details of the assignment will be determined by mutual agreement of the officer receiving the assignment, the Union and the City. -18- ARTICLE 34. Duration. The term of this Agreement shall be from January 1, 20119 to December 31, 20119. LAW ENFORCEMENT LABOR SERVICES CITY OF GOLDEN VALLEY Representing Negotiating Committee Linda R. Loomis, Mayor Representing Negotiating Committee Thomas D. Burt, City Manager For Law Enforcement Labor Services, Inc. -19- MEMORANDUM OF UNDERSTANDING Shift Bidding The parties, Law Enforcement Labor Services, Inc. and the City of Golden Valley agree that shift selection will: 1. be based on seniority 2. be bid quarterly The parties agree the above will be the basis for shift selection. The City and the Union will meet and confer over any proposed changes. City Date Union Date MEMORANDUM OF UNDERSTANDING Shift Bidding "The parties agree that the Patrol work schedule structure previously understood to likely be in place for only 2010 and 2011 shall only be in place for 2010 and 2011 unless otherwise agreed to by both parties. The 2010/2011 work schedule structure is inclusive of biddable shift spots defined by years of police experience and also inclusive of two shifts with work hours normally defined as 1500-0300 hours. Nothing in this Memorandum of Understanding overrides the Employer's management rights to set work schedules as defined in Article 3 Section 1 of the LELS labor contract beyond limiting the Patrol work schedule structure for 2010 and 2011 as described above." City Date Union Date -20- Golden galley City Administration/Council 763-593-8096 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. I. Authorization to Sign Sergeants (EELS Local 304) Agreement Prepared By: Chantell Knauss, Assistant City Manager Summary A one year agreement with EELS Local 304, the Sergeants unit of EELS, has been reached. The agreement provides for the following: • Under Articles 14 -Sick Leave and Article 18 -Vacation Leave corrected reference numbers to the correct PTO section • Under Article 15 -Funeral Leave includes stepchild in the definition of immediate family to match the same language in the Patrol agreement • Under Article 28 -Buyback of Accrued Time increased the allowed carry over of accrued hours into the next quarter from 10 to 20 • 1.5% increase in wages for 2011 (there was a 0% wage increase in 2009); • increase in the monthly insurance contribution equivalent to the increase provided to non-union employees, including the $20 wellness incentive The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement -Sergeants 2011 (16 pages, underlined/overscored version, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager sign the 2011 Sergeant agreement. LABOR AGREEMENT SERGEANTS 2011a This Agreement dated Fe~uaft~ November 16, 2010 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the Employer and Law Enforcement Labor Services, Local #304 representing the Golden Valley Police Sergeants, hereinafter referred to as the Union. DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them: EMPLOYER: City of Golden Valley or its Representatives UNION: Law Enforcement Labor Services Local 304 (EELS) EMPLOYEE: A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union. MEMBER: A member of the EELS Local 304 to which this contract applies. ARTICLE 1. Purpose of Agreement. This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement is a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179.71, Subdivision 3, for all employees of the Golden Valley Police Department bargaining unit as identified by the Bureau of Mediation Services, certification of Exclusive Representative dated January 1, 1982, Case No. 82-PR-277-A. Section 2. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interference by the Union", except as limited by the terms of this Agreement. City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Lay off Employees c. Demote, suspend, discipline or discharge Employees d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub-contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal work day, hours of work, the beginning or ending time of each shift or assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget and the utilization of technology. g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. 2 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 his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. 3 ARTICLE 6. Equal Application. Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non- membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. Savings. Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement shall be held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. Grievance Procedure. Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay 4 when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss his/her claim with the Employee's immediate supervisor. This should be done within fourteen (14) calendar days from the occurrence of the believed violation or from when the Employee became aware of it. The Employee should complete the grievance notice sheet and submit it to the supervisor at the time of the discussion with the supervisor. The supervisor will respond, in writing, within ten (10) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from the Union at this step. Step 2. If the dispute is not solved at Step 1 between the Employee and the supervisor, then the Employee should meet with the Union and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed 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 THE UNION. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and THE UNION. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. A grievance unresolved in Step 3 may be appealed by the Employee and THE UNION to Step 4. Notification of intent to appeal to Step 4 shall be made within ten (10) days of receipt of 5 Employer's Step 3 answer. A Step 4 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Bureau of Mediation Services. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 2, the grievance remains unresolved, the grievance may be appealed either to Step 3 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized -Step 3 of Article 8 or another appeal procedure -and shall sign a statement to the effect that the choice of any other 6 hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 8. ARTICLE 9. Safety. The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 10. Seniority and Time in Grade. Section 1. Definition. Seniority shall mean an Employee's length of services as a patrol officer and/or sergeant with the Department since his/her last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without pay. When 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. Time in grade shall mean an Employee's length of service in his or her current rank with the department since his/her last date of promotion. Time in grade may only be broken by the same acts as defined above for seniority. The Union shall prepare a time in grade list and a roster by time in grade, to be submitted to the Employer for approval and posting. When two or more Employees have the same time in grade list, their position on the time in grade list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new Employees shall be hired until the lay off list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted Employee may be returned to his/her previous position at the sole discretion of the Employer. The probationary period shall be 1 year for promoted Employees and 1 year for new Employees from date of hire or completion of basic recruit school if completed while on City payroll. ARTICLE 11. Discipline. Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand 7 c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garrity Warning is given prior to being questioned regarding a possible disciplinary action Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 3 of the grievance procedure. Section 8 Disciplinary Action The City will utilize two types of employee misconduct forms, temporary and permanent. Both shall be subject to the grievance procedure. Temporary misconduct forms shall be destroyed after one year. ARTICLE 12. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training, vacations and/or paid-time off (PTO). Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. This Section shall also not be used for the computation of overtime. 8 Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted two weeks in advance. ARTICLE 13. Court Time. Section 1. An Employee who is scheduled to appear in court during his or her off-duty time shall receive a minimum of four (4) hours straight time pay or pay at 1 1/2 times the Employee's pay rate for the actual number of hours spent in court, whichever is greater. An extension or early report to a regularly scheduled shift does not qualify the Employee for the minimum. When an Employee is notified of a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Court time shall also include time spent in depositions and in attorney preparation meetings with attorneys representing the City of Golden Valley. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. ARTICLE 14. Sick Leave. Each permanent full-time Employee shall be granted eight (8) hours sick leave with pay for each month of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (800) hours. For every day of sick leave an Employee earns after he has accumulated eight hundred hours, he/she will be given credit for four (4) hours additional vacation and four (4) hours of pay, computed at the end of each year. Sick leave may not be used during the first 6 months of employment, but will be credited for use following the first 6 months of employment. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion, but shall be allowed in the case of actual illness, legal quarantine or disability of the Employee, or because of death or critical illness in his/her immediate family*, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, or if more than two days, that he/she has been under treatment and supervision of a doctor or dentist who recommended work not be performed. If Employee has been incapacitated for the period of his/her absence or a major part thereof, he/she may be required to provide evidence that he/she is again physically able to perform his/her duties. Sick leave shall be computed on a working day basis when used. 9 Sick leave is intended as a benefit primarily to the Employee himself/herself and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. Employees hired under the PTO plan are subject to the provisions under Article ~-920. ARTICLE 15. Funeral Leave Up to five (5) days leave with pay without deduction from sick leave and/or PTO shall be granted to death of spouse or child. Up to three (3) days sick leave and or PTO where applicable shall be granted for death in the immediate family or person residing as a member of the employee's immediate household and up to one day in the case of death in the next degree of kindred. Immediate family includes any person having the following relationship to an employee or a living or deceased spouse: • stepchild • parent • mother-in-law/father-in-law • sister/brother • sister-in-law/brother-in-law • son-in-law/daughter-in-law • grandparents • grandparents-in-law • grandchildren • stepparents and/or legal guardians. ARTICLE 16. Termination Pay. Termination removes job rights and benefits and rehire status benefits as with a new Employee. Settlement of all benefits for the Employees who have been laid off, retired, or whose actions were not a factor in their termination shall be made at termination as follows: Upon termination of service and after completion of five years of continuous service to the City as a full-time permanent Employee, an Employee shall be entitled to receive in pay 1/3 of unused sick leave in addition to accrued annual leave. Also, after 10 years of service or PERA certifiable disability that results in termination of employment, such Employees shall receive one days' pay for each full year of service to the City. In the event of death, payment shall be made to the survivor. 10 ARTICLE 17. Leaves of Absence. Section 1. Jury Duty. Employees called for jury duty shall suffer no loss in their normal salary. Employees claiming jury duty pay shall sign over all jury duty fees to the Employer. Section 2. Military Service. Employees serving in the military shall suffer no loss in their normal salary to the extent provided by Minnesota Law or Federal Law. Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. Section 4. Maternity/Paternity. Employees shall be granted up to 90 consecutive days for maternity or paternity leave. The Employee may use sick leave and vacation days that have been accumulated or all or part of the leave may be taken as an unpaid absence. Requests shall be made in writing to the City Manager. Extensions may be granted only by agreement of the City Manager. Section 5. Military. Employees shall be granted unpaid military leaves consistent with applicable Minnesota Statutes. Requests shall be made in writing to the City Manager. ARTICLE 18. Vacation Leave. Section 1. Employees shall be entitled to a paid vacation based upon service in the prior years. Annual leave shall be earned as follows: Date of Hire until completion of 5 years Over 5 years until completion of 10 years Over 11 years Over 12 years Over 13 years Over 14 years Over 15 years Over 16 years Over 17 years Over 18 years Over 19 years Over 20 years and above 2 weeks 3 weeks 3 weeks plus 1 day 3 weeks plus 2 days 3 weeks plus 3 days 3 weeks plus 4 days 4 weeks 4 weeks plus 1 day 4 weeks plus 2 days 4 weeks plus 3 days 4 weeks plus 4 days 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six-month period, annual leave accrued during the initial six-month period will be granted. 11 Section 2. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry over double their current accumulation from one calendar year to the next. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five-year period. Such requests shall be made in writing and are subject to the approval of the City Manager. Section 5. Employees hired under the PTO plan are subject to the provisions under Article-x-920. ARTICLE 19. Holidays. Work schedules for Employees are made up without regard for weekends and holidays. In view of this fact, each Employee is granted 12 days (with one of those days as an unnamed floating holiday) leave each year in lieu of holidays. Holiday leave is added to vacation leave on a pro rata basis each pay period and shall be credited whether or not the Employee is scheduled to work on a holiday. These days must be taken during the year earned, except Christmas which may be carried over to the following year. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Work on January 1, Martin Luther King Day, Presidents' Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day and Christmas Day, will be compensated at the rate of time and one-half (1 1/2) the Employee's regular rate of pay for all hours worked on these holidays plus holiday time. ARTICLE 20. Paid-time Off (PTO) Employees hired after December 31, 2008 shall participate in the City's PTO plan. ARTICLE 21. Injury on Duty. Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave, PTO or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. 12 ARTICLE 22. Administrative Leave/Light Duty The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Police Sergeants may experience stress reactions or other emotional problems that impact their ability to work efficiently and effectively. In light of the foregoing, the City's decision to grant administrative leave or light duty will be based on the following criteria: 1. That the sergeant is referred to a psychologist or other qualified mental health professional by the Police Chief. Self-referral with the concurrence of the department head will be deemed to be referral by the City. 2. The cost of any evaluation recommended by the Department will be borne by the City and the time spent by the sergeant undergoing the evaluation will be considered duty time. 3. Administrative leave/light duty shall be granted based on the recommendation of the Evaluator and a finding that the need for administrative leave/light duty is reasonably related to an incident occurring in the course and scope of the sergeant's employment with the City. 4. The Police Chief will be advised of all findings and recommendations of the Evaluator, excluding any background material that led to the finding and recommendation. 5. Any administrative leave/light duty granted will be for the purpose of obtaining treatment and/or counseling or participating in other activities prescribed by medical/mental health Evaluator. 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. ARTICLE 23. Qualifications for Continuing Employment. Any Employee deprived of his/her state license to act as a police officer shall be suspended without pay during that period. ARTICLE 24. Personal Liability Insurance. The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to person, property, or character, when such alleged false arrest or alleged injury to person, property, or 13 character was the result of an arrest made by such officer in good faith and in the performance of his or her official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees. ARTICLE 25. Standby. Employees specifically required by the Employer to stand by shall be paid for such standby time at the rate of one-hour regular pay for each hour of standby, with a minimum of two (2) hours of pay. ARTICLE 26. Educational Reimbursement. The City will reimburse 100% of the Employee expenses for tuition, fees and books required for job-related educational courses upon completion of the course provided that: 1. The course has received prior approval of the Employee's department head and the City Manager. 2. The Employee attains a grade of "C" or better and is so certified to the City. 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. All other non-related course work will be reimbursed at rate of 50%, with an annual cap of $500. ARTICLE 27. Training. The City will provide training to meet Post Board Certification standards and will pay for ongoing Post Board licenses required of each sergeant. ARTICLE 28. Salaries and Benefits Salary Effective January 1, 2010, monthly wage rates are as follows: Step 1 Step 2 Step 3 2A10 -~05~3-2-0 $663-33 -~~ 2011 6600.74 6864.77 7139.36 Step increases normally occur on the date of the employee's service anniversary in accordance with established city policies. Sergeants appointed prior to January 1, 2009 shall be placed at Step 4 upon achieving their one year anniversary. 14 Insurance An amount equivalent to 2% of the base salary will be provided on a monthly basis to the employee to purchase insurance. Insurance must be purchased through an approved City vendor and must be an approved City plan. When available, dental insurance will be offered with the cost of the premiums being paid for out of the above 2% of base salary and/or by Employee contribution, whichever he/she chooses. If the City expands the flexibility of the use of this benefit to other supervisors, the same flexibility will be extended to Employees covered by this agreement. Buyback of Accrued Time The City will buy back accrued time paid at a straight hourly rate on a quarterly basis. Sergeants will, if they so choose, be allowed to carry over 0920) accrued hours into the next quarter. Health Insurance The City will contribute $1107944 per month in 20119 for health insurance. Insurance must be purchased from City approved vendor and by a City authorized plan. Th+s-a~a+s-ir~stes+v~ ef$~9 der-~ep## #e~ suE~! f,~ ;~;~;,+-,~-i-^ +"^ r-;+„ °^^ ^~, ,."~ ~:+:,.~:• ~^^~ For 2011 the City insurance contribution shall include $20 per month for those who successfully participated in the wellness initiative in 2010. Disability Insurance The City will provide Long Term Disability Insurance to the employees. Uniforms City will provide uniforms and equipment. Employees in any of the enumerated non-uniformed positions shall receive $602.14 annually in 2010 for clothing. That rate will be adjusted each year hereafter by the October-to-October Midwest Region CPI-U of the Consumer Price Index/Apparel Index. ARTICLE 29. Overtime Pay. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. Hours reimbursed at the overtime rate shall include callbacks and schedule extensions. These hours shall be compensated at one and one-half times the employee's base rate of pay for hours worked beyond the Employee's regularly scheduled work shift. Changes in shifts do not qualify the Employee for overtime. For the purpose of computing overtime compensation, overtime hours worked shall not by pyramided, compounded or paid twice. Overtime shall be calculated to the nearest 1/10 of an hour. 15 Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the hours in pay, or time off (referred hereto as accrued time); and shall receive one and one-half (1 1/2) hours off for each overtime hour worked and hour for hour for straight time worked. Accrued time shall be taken in the same manner as vacation time, or reimbursed as provided in this Agreement. ARTICLE 30. Duration. The term of this Agreement shall be from January 1, 2010 through December 31, 2010. GOLDEN VALLEY POLICE SERGEANTS, LOCAL 304 Dennis Arons, President/Treasurer Adam Burnside, Business Agent (EELS) CITY OF GOLDEN VALLEY Linda R. Loomis, Mayor Thomas D. Burt, City Manager 16 Qity of o en a e Public Safety Public Safety Department 763-593-8079 1763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. J. Authorization to Sign School Resource Officer Service Agreement with Intermediate School District 287 Prepared By Stacy A. Altonen, Chief of Police Summary Intermediate School District 287 and the Police Department desire to participate in providing specialized security services at the facility located at 2400 Sandburg Lane. A school resource officer program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. An agreement has been drafted, stating the City will provide the services of one (1) half-time police officer and related support services and supplies for the term of August 31, 2010 through June 10, 2012. The related costs for these services will be billed to Intermediate School District 287 in the amount of $30,000 per regular school year. All training, supervision and records will be the responsibility of the City. Attachments School Resource Officer Services Agreement for District #287 (3 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the School Resource Officer Service Agreement with Intermediate School District 287. School Resource Officer Services Agreement for District #287 This Agreement is made between the CITY OF GOLDEN VALLEY (Golden Valley), 7800 Golden Valley Road, Golden Valley, MN 55427, and INTERMEDIATE DISTRICT 287, 1820 Xenium Lane North, Plymouth, MN 55441. The city and the school district desire to participate in providing specialized security services within the school setting and a School Resource Officer Program ("the program") is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents, and students. The city and school district wish to set forth, in writing, the terms and conditions of their joint participation in providing the program. Therefore, in return for the mutual agreement set forth below, the parties agree as follows: TERM The term of this agreement shall commence on August 31, 2010 and shall continue until June 10, 2012 2. SERVICES Golden Valley will provide the services of one half time police officer and related support services and supplies to provide the Intermediate School District 287 with a School Resource Officer Program for the District's facility located at 2400 Sandburg Lane North, Golden Valley, MN 55427. The officer's primary responsibilities include serving as a resource person to faculty, classroom members, and school administrators in the prevention and diversion of juvenile delinquency behavior, networking with other school district and community agencies, law enforcement activities as required and other services mutually agreed to by the police administration and special education supervisor. Golden Valley agrees to provide vehicle, fuel, maintenance, and other equipment as deemed necessary department of police for this program. The school district agrees to provide adequate office space, copier, telephone, computer, and other reasonable office support services. 3. TRAINING As deemed appropriate by the police administration, Golden Valley will provide the school resource officer with training according to the needs of the program described in this agreement. Golden Valley agrees to provide the training without charge unless the training is specifically relevant to the program. 4. PAYMENT The costs of the services provided by the city, set forth in Section 2, are set at $30,000 per year for the regular school years (2010-12). The city shall provide billing to the school district for services two times per year. 5. SUPERVISION Golden Valley agrees to provide supervision for the school resources officer who will remain an employee of the City of Golden Valley. Golden Valley Police contract with Intermediate District 287 for Sandburg Education Center 7/27/10 6. RECORDS Golden Valley agrees to maintain such records as are necessary to document that the services are provided as represented by Golden Valley. The school resource officer shall only have access to student records to the extent permitted by the Family Education Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act. The school resource officer may, in the course of their new enforcement duties, have occasion to create law enforcement records relating to the students at the District's facility. Such records shall be maintained by the school resource officer and/or Golden Valley in a separate location from student records. SCHEDULING The duty hours of the school resources officer are flexible and will be primarily coordinated with the school calendar activities. Golden Valley agrees to provide a licensed officer for each day that students are in attendance. The officer's duty hours and duties will be determined by Golden Valley. Golden Valley will make every effort possible to staff the position, however, it is understood by both parties that exigent circumstances, training or last minute schedule changes may create infrequent occasions when an officer will not be available and on the premises while students are in attendance. 8. DISCRIMINATION Golden Valley agrees not to discriminate in providing services under this agreement on the basis of race, sex, creed, national origin, age, or religion. 9. INDEMNIFICATION The city and the school district agree that each is responsible for its own acts and the result thereof to the extent authorized by law and are not responsible for the acts of the other party and results thereof. Each party's liability is governed by the provisions established in Minnesota Statue, Chapter 466. 10. INSURANCE Golden Valley agrees that it will, at all•times during the terms of this agreement, have and keep in force, worker's compensation benefits and other liability insurance coverage for the school resource office as provided to other Golden Valley police employees, equaling the maximum liability limit per single occurrence as required by Minnesota Statue 466.04 11. ENTIRE AGREEMENT The entire agreement of the parties is continued in this document. The agreement supersedes all oral agreements and negotiations between parties relating to the School Resource Of>•icer Program and the subject matter of this agreement. Any alterations, amendments, deletions, or waivers of any provisions of this agreement are valid only when placed in writing and signed by the city and school district representatives. 12. BACKGROUND CHECK Golden Valley ensures that the school resources officer has completed a thorough background check, including submission of fingerprints, prior to employment as a Golden Valley police officer. Golden Valley Police contract with Intermediate District 287 for Sandburg Education Center 7/27/10 13. TERMINATION This agreement may be terminated with or without cause, by any party. To be effective, the notice of termination must be given in writing after January 1 and before August 30. The termination shall become effective six months after receipt of the notice. 14. INDEPENDENT CONTRACTOR Nothing in this agreement is intended, nor may be construed to create the relationship of partners or employer/employee relationships between Golden Valley and the school district. CITY OF GOLDEN VALLEY Dated: By: Mayor By: City Manager INTERMEDIATE DISTRICT 287 Dated: By: Executive Director of Administrative Services By: Superintendent Golden Valley Police contract with Intermediate District 287 for Sandburg Education Center 7/27/10 Golden Valley ® ~ ~ Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 3. K. Authorize a Contract with WSB & Associates, Inc. to Perform Preliminary Engineering Services for the Douglas Drive Reconstruction Project Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Earlier this year, the City was notified that it was selected to receive a $1,050,000 grant through the federal Non-Motorized Transportation Program (NMTP) for improvements on Douglas Drive (CSAH 102) from TH 55 to Medicine Lake Road (CSAH 70) that will include reconstruction of the roadway and provide pedestrian and bike facilities through the corridor. On January 5, 2010, the Council authorized the Mayor to request that Hennepin County include the reconstruction of Douglas Drive in the county capital improvement program for year 2016. On July 20, 2010, the Council authorized an agreement with MnDOT to appoint the Commissioner of Transportation as the City's agent for accepting federal funds on the City's behalf. Staff developed a request for proposals for preliminary engineering services needed for the Douglas Drive project work. The proposal scope of work included topographic survey, project layout and grades, development of environmental documentation, identification of potential right-of-way/easement acquisition and preparation of corresponding exhibits necessary for the acquisition. Three proposals were received from consulting engineering firms who were interested in performing the design for the Douglas Drive project. A selection panel comprised of City staff, Hennepin County and MnDOT representatives evaluated the proposals and agreed that WSB & Associates, Inc. submitted the best proposal for specific project issue understanding and the ability to complete the work most efficiently. Staff has negotiated an estimated fee of $370,000 with WSB for performing the scope of services in the attached Professional Services agreement. The remaining federal funds are planned to be utilized for right-of-way/easement acquisition. Attachments Agreement for Professional Services with WSB & Associates, Inc. for preliminary design of the Douglas Drive Reconstruction Project (31 pages) Recommended Action Motion to authorize the Mayor and City Manager sign the agreement/contract with WSB & Associates, Inc. for preliminary design services relating to the Douglas Drive Reconstruction Project. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 15t1i day of November 2010, by and between the City of Golden Valley, hereinafter referred to as City, and WSB & Associates, Inc., hereinafter referred to as Consultant, with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. Witnesseth, that the City and Consultant, for the consideration herein named, agree as follows: SECTION l /GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 2 /SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit C. The work and services to be performed hereunder and described in Exhibit C shall be referred to herein and in the General Contract Provisions as the Project. SECTION 3 /COMPENSATION Compensation to Consultant for services described in this Agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 4 /WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 5 /SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 BY: Linda R. Loomis SIGNATURE: TITLE: Mayor BY: Thomas D. Burt SIGNATURE: TITLE: City Manager SECTION 6 /EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement: X Exhibit A General Contract Provisions X Exhibit B Definitions X Exhibit C Scope of Work X Exhibit D Compensation X Exhibit E Insurance Schedule SECTION 7 /ACCEPTANCE OF AGREEMENT All work and services described in this Agreement shall be performed by Consultant only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this Agreement and Consultant is hereby authorized to perform the services described herein. CONSULTANT: WSB & ASSOCIATES, INC. ADDRF,SS: 701 XENIA AVENUE SOU`T'H, SUITE 300 MINNEAPOLIS, MN SS416 By' -- SIGNATURE: TITLE: Professional Services Agreement Page I of 7 EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 -GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between WSB tit Associates, Inc., hereinafter referred to as Consultant, and the other party to the Agreement, City of Golden V alley, hereinafter referred to as City, wherein the City engages the Consultant to provide certain services more particularly described in Exhibit C, Scope of Work. Either party may be hereinafter referred to as party or, collectively, parties. The starting. date will commence when authorized by the City. ARTICLE 2 -CHANGED CONDITIONS If the Gonsultant determines that any services it has been directed or requested to perform ate beyond the scope as set forth in Exhibit C or that, due to changed conditions or changes in the method or manner of administration of the Project, the Consultant's effort required to perform its services under this Agreement exceeds the estimate which formed the basis for the Consultant's compensation, Consultant shall promptly notify the City of that fact. Additional work and additional compensation for such work, and the extension of time for completion thereof, shall be set forth in a supplemental Agreement entered into by the parties prior to proceeding with any additional work or related expenditures. Such supplemental Agreement shall be incorporated in and become a part of this Agreement. ARTICLE 3 -TERMINATION The Ciry may by written notice terminate the Agreement or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately fund payment for the Agreement because of changes in State fiscal policy, regulation, or law. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the City pursuant to Article 4. All provisions of this Agreement allocating responsibility or liability between the City and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 4 -REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE During the course of the work, the Consultant shall (if requested,) make available to the City copy (ies) of the Instruments of Service. At the time of completion or termination of the work, the Consultant shall make such Instruments of Service available to the City upon (i) payment of amounts due and owing for work performed attd expenses incurred to the date and time of termination, and (ii) fulfillment of the City's obligation under this Agreement and such Instruments of Service shall become the property of the City. Any use or re-use of such Instruments of Service by the Ciry or others without written verification or adaption by the Consultant except for the specific purpose intended will be at the City's risk and full legal responsibility. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the City or any person or entity that acquires or obtains the reports, plans and specifications from or through the City without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall cause any contract for work between Consultant and a third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service created by such subcontractor. ARTICLE 5 -AGREEMENT As used herein Agreement means: (1) The Agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental Agreement, where applicable. As to superseding effect, the attached exhibits shall govern over these general provisions, and the supplemental Agreement, where applicable, shall govem over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Consultant attd City. The Agreement supersedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 6 -RESPONSIBILITIES A. In order to permit the Consultant to perform the services required under this Agreement, the City shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: 1. Provide available information as to its requirements for the Project. 2. Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project, (such as review of insurance certificates, bonding clarifications and legal questions regarding property acquisition or assessment). 4. Notify the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project. 5. The Golden Valley City Council or a person or persons designated, shall act as City's representative with respect to the services to be rendered under this Agreement. The City's representative shall have the authority to transmit and receive instructions and information and to interpret and define the City's policies with respect to services rendered by the Consultant. 6. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, probings and sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. 7. Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as City deems necessary for such examinations and render in writing decisions pertaining thereto within reasonable times so as not to delay the performance by the Consultant of the services to be rendered pursuant to this Agreement. 8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. 9. Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. 10. Where available provide other services, materials, or data as may be set forth. 11. Bear all costs incidental to compliance with the requirements of this article. 12. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. B. Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the City or others employed by the City. Consultant shall endeavor to verify the information provided and shall promptly notify the City if the Consultant discovers that any information or services furnished by the City is in error or is inadequate for its purpose. Exhibit A -General Contract Provisions Page Z of 7 ARTICLE 7 -OPINIONS OF COST Opinion, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Consultant does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Consultant. ARTICLE 8 -INSURANCE Consultant has procured insurance in the types and amounts set forth in Exhibit E, and shall cause any work subcontracted to a third party to be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City, naming the City as an additional insured On General Liability and Automobile Liability policies, not later than ten (10) days after execution of this Agreement and will provide the City with written notice ten (10) days prior to cancellation of the policy or any material change in the coverage period. ARTICLE 9 -ASSIGNMENT This Agreement, intended to secure the service of individuals employed by and through the Consultant, shall not be assigned or transferred without written consent of the City. ARTICLE 10 -CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11 -NON-DISCRIMINATION Consultant will comply with the provisions of applicable Federal, State and Local Statutes, Ordinances, and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12 -CONFLICT RESOLUTION In an effort to resolve any. conflicts that arise during the design or construction of the projector following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13 -CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 - LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent wi[h the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that the information upon which the Consultant relies may contain errors or may not be completed. The City agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to underground improvements resulting from subsurface penetration locations established by the Consultant, except that the City does not release the Consultant, its principals, employees, agents and consultants from negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE IS -REVIEW It is understood and agreed by the Consultant that the Ciry, through its authorized agents shall be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Consultant hereunder until the work shall have been found acceptable by the City through its authorized agents. The Consultant shall be liable for any work done by a subcontractor for services rendered under this Agreement. The City shall be entitled to pay any such subcontractor directly in its own discretion. ARTICLE 16 -INDEMNIFICATION The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the City, their elected officials, officers, agents and employees harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the provision of services, errors or omissions in the performance of professional services under this Agreement and those of Consultant, subconsultants or anyone for whom the Consultant is legally liable. The City agrees to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any damage,, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's negligent acts, errors or omissions and those of his of her contractors, subcontractors or consultants or anyone for whom the City is legally liable, and arising from the project that is the subject of this Agreement. Exhibit A -General Contract Provisions Page 3 of 7 EXHIBIT B DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this project. Exhibit B -Definitions Page 4 of 7 EXHIBIT C SCOPE OF WORK Consultant shall act as a representative of the City during the development of the CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study (the "Douglas Drive Preliminary Design"). The anticipated completion date for the scope of services provided is July 1, 2011. A detailed schedule by task, including milestone dates, is hereby incorporated as Figure C-1. Subject to further clarification and refinement on an ongoing basis, the Consultant shall perform the tasks as described in Figures C-2 (Scope in Request for Proposals), C-3 (Work Plan dated November 5, 2010), and C-4 (Modified Deliverables Schedule): Exhibit D -Compensation Page 5 of 7 Figure C-1 Douglas Drive Preliminary Design Professional Services Agreement C.S.A.H 102 (Douglas Drive) PROJECT TIMELINE TASK START COMPLETE DELIVERABLE 1 Project Management Nov, 2010 Sept, 2011 2 Establish Project Framework Nov, 2010 Tech Memo #1 - 12/14/2010 3 Data Collection Nov, 2010 Tech Memo #2 - 1/24/2011 4 Analyze Data Nov, 2010 Jan, 2011 Tech Memo #3 - 1/24/2011 5 Identify Initial Alternatives Nov, 2010 Jan, 2011 Tech Memo #4 - 1/24/2011 6 Screen Alternatives, Prefferred Alternative Jan, 2011 Mar, 2011 Tech Memo #5 - 3/21/2011 7 Environmental Feasibility and PM Mar, 2011 Apr, 2011 MnDOTJFHWA Approval of PM by 7/1/2011 8 Design Report Apr, 2011 Apr, 2011 9 Final Layout and Construction Limits Mar, 2011 Jun, 2011 10 Cost Estimates Apr, 2011 Apr, 2011 4/18/2011 11 Official Map May, 2011 Jun, 2011 12 Geometric Layout for Municipal May, 2011 May, 2011 DECISION FRAMEWORK PMT Meetings - 8 (monthly) Public Meetings - 2 Council Meetings - 4 Revised Nov. 8, 2010 Figure C-2 SCOPE OF WORK AND DELIVERABLES Preliminary Design CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) in Golden Valley, Minnesota State Project (SP) 128-091-003 City Project 10-4 June 9, 2010 PROJECT OVERVIEW Project Description The City of Golden Valley in cooperation with Hennepin County, propose to reconstruct Douglas Drive between TH 55 and CSAH 70 (Medicine Lake Road). The object for this request for proposals is to obtain professional services for preliminary design to obtain geometric layout approval (approximately 30% design completion), environmental reports, a phasing plan and determination of right-of--way acquisition necessary for the project. The second phase of the design will include final design and production of final plans and specifications. The project will include the following tasks: Project Task List Task 1 Project Management Task 2 Establish Project Framework Task 3 Data Collection Task 4 Analyze Data and Confirm Issues, Goals, Problems and Needs Task 5 Identify Initial Alternatives Task 6 Screen Alternatives; Prepare Preliminary Geometric Layout and Profiles for Preferred Alternative Task 7 Environmental Documentation Task 8 Design Report Task 9 Prepare Final Geometric Layout and Construction Limits for Interchange Task 10 Cost Estimates Task 11 Prepare Official Map Documents Task 12 Geometric Layout to Obtain Municipal Approval The respondent should respond to all 12 tasks listed above. Definitions State: The State of Minnesota, acting through its Commissioner of Transportation and the Minnesota Department of Transportation (Mn/DOT) Metro District Office in Roseville County: Hennepin County Department of Public Works, Transportation Division, acting through its Board of Commissioners and the Hennepin County Public Works Department City: City of Golden Valley Public Works Department, acting through its City Council FHWA: Federal Highway Administration Agencies: Jointly refers to the FHWA, State, County, City, and other agencies referenced in this RFP Consultant: Consultant engineering firm contracting with the Agencies -21 - Page I of 9 TASK 1-PROJECT MANAGEMENT 1.1 Administration Administration of the project will include scheduled updates, meetings, progress reports, invoicing, contract amendment requests if necessary, cost and billing preparation, other non-technical work, communication with the necessary project personnel, and all other work to ensure all the project tasks are completed on time, within budget, and in accordance with State and Federal laws, rules, and regulations. Progress reports and invoices will be submitted on a monthly basis. The progress report will show the progress for the month and the progress to date for each task. The Consultant will submit invoices in a timely manner, noting that all invoices for year end must be submitted to the City no later than January 30th of the following year. 1.2 Coordination The Consultant will coordinate activities with the State, County, and City staff. The Consultant will also coordinate activities with other governmental agencies, utility owners, and property owners as required. These activities will include communications via phone, FAX, email, and written correspondence. 1.3 Project Meetings There will be a kick-off meeting to confirm the basic project objectives and finalize a work plan. The Consultant will schedule, prepare for and attend all status and review meetings, as needed. Consultant will prepare all necessary displays, agendas (sent to all participants one week prior to scheduled meetings) and meeting minutes (sent to Project Team within three working days of the meeting). 1.4 uality Assurance (QA)/Quality Control (QC) Functions The Consultant will perform QA/QC Functions throughout the project duration to ensure delivery of a quality product in a timely manner. 1.5 Deliverables 1.5.1 Consultant will: 1. Provide Monthly Progress and Status Reports updating overall project and environmental studies. 2. Schedule and attend monthly meetings; coordinated with the Golden Valley staff. 3. Provide agendas and meeting minutes for all meetings. 4. Provide timely copies of critical correspondences and project issue data. 5. Coordinate activities with all stakeholders via phone, email, fax, and written correspondence. 5.2 City of Golden'Valley will: 1. Provide project oversight and direction. 3. Review and approve submittals in a timely manner. 4. Furnish copies of pertinent project correspondence and project data. 5. Have city and county representatives attend key project meetings. 6. Coordinate discussion with the Golden Valley City Council and the Hennepin County Board, through its Transportation Department as necessary. -22- Page 2 of 9 TASK 2 -ESTABLISH PROJECT FRAMEWORK 2.1 Project Mana ement Team PMTS Task 2 will begin by establishing a PMT comprised of representatives from each of the partnering agencies: City of Golden Valley, Hennepin County and agencies that may be deemed necessary. Consideration for additional representation on the PMT will be given to other state and local agencies and constituencies. The City will provide a representative to act as chair of the PMT. Each of the agencies will appoint one individual to act as the authorized agent for their respective governmental unit and one alternate. The authorized agent will act as the key contact person responsible for project administration within their agency. The prime purpose of Task 2 is to confirm with the PMT the following key aspects for the project: 2.1.1 Basic Project Objectives 2.1.2 Work Plan 2.1.3 Public Involvement Process 2.1.4 Decision-making Framework. These key aspects together will account for regional needs, community development interests, and property level interests. 2.2 Public Involvement Process Public involvement will be a critical component of this design project to receive informed consent from stakeholders. The Public Involvement Process will provide a minimum of two opportunities for all of the stakeholders to participate and contribute to the development of the project throughout the corridor. The Consultant should propose a public involvement process plan within their proposal that they feel is necessary as part of the overall project. The plan should identify when public involvement activities will be held, what the purpose of the activity is, who the intended audience is, what the intended format will be, and what information will be needed prior to the meetings. 2.3 Deliverables 2.3.1 Consultant will: 1. Work with the City staff to establish the PMT. 2. Prepare Technical Memorandum#1 to address principal project objectives and draft recommendations for the public involvement process and decision-making framework. 3. Discuss this draft memorandum with the Agencies authorized agents and accomplish any needed refinements. 4. Meet with PMT to discuss Technical Memorandum #1 and to confirm the items addressed in that memorandum. 2.3.2 Agencies will: 1. Provide project oversight and direction. 2. Review and approve submittals in a timely manner. 3. Review and approve Technical Memorandum #1. TASK 3 -DATA COLLECTION 3.1 Data Collection Collect background data from Golden Valley, Hennepin County and other sources, including but not limited to: - 23 - Page 3 of 9 3.1.1 The City of Golden Valley Comprehensive Plan, Hennepin County's Transportation System Plan, the Douglas Drive Corridor Study and the Project Memorandum for Freliminary Design Services. Review all revisions or updates to these documents. 3.1.2 Perform topographic surveys of existing roadway and collect other topographic/infrastructure conditions including record drawings of both private and public utilities. 3.1.3 Existing and perceived problems and needs within the project limits. 3.1.4 Land use planning including development plans and staged growth concepts. 3.1.5 Social, environmental economic and energy (SEEE) concerns. 3.1.6 Traffic data beyond the Douglas Drive corridor not available from corridor study or City collected data. 3.1.7 Land Use Community development data. 3.1.8 All environmental data necessary to prepare an environmental report for inclusion in a project memorandum for right-of--way acquisition on this project. 3.1.9 Information necessary to meet Bassett Creek Water Management Commission requirements. 3.1.10 Information relating to the effectiveness of the current operation of the roadway (21ane layout with center turn lane). 3.2 Deliverables 3.2.1 Consultant will: 1. Collect, review, and assemble background information. 2. Provide available background information from respective agencies. 3. Prepare Technical Memorandum,#2 generally summarizing background information. 3.2.2 Agencies will: 1. Review and approve Technical Memorandum #2. TASK 4 -ANALYZE DATA AND CONFIRM ISSUES, GOALS, PROBLEMS AND NEEDS 4.1 Data Analysis and Definition of Project Scope Analyze all background data and organize in summary form to present to the PMT. Conduct an interactive effort involving a wide range of community interests to confirm the concerns and future needs of the communities. 4.1.1 Identify transportation system goals and issues including: 1. Operational deficiencies and needs 2. Access roads 1.1.2 Identify general multi-modal considerations. 1.1.3 Identify critical environmental factors impacting potential roadway improvement strategies. 4.2 Deliverables 4.2.1 Consultant will: 1. Prepare Technical Memorandum#3 outlining the Consultant's understanding of the issues, goals, problems, and needs related to the study. 2. Meet with PMT to review issues, goals, problems, and needs. 3. Conduct a general public meeting in Golden Valley to review issues, goals, problems, and needs. Seek specific local input. 4. Modify the Technical Memorandum #3 to incorporate the findings of the public meeting. 5. Meet with the PMT to gain concurrence on issues, goals, problems, and needs. -24- Page 4 of 9 4.2.2 Agencies will: 1. Provide project oversight and direction, and attend meetings. 2. Review and approve Technical Memorandum #3. 3. Review and approve submittals in a timely manner. TASK 5 -IDENTIFY INITIAL ALTERNATIVES 5.1 Develop Initial Concepts and Alternatives The City and County are cooperatively constructing temporary improvements in 2010 that will change the current four-lane configuration to a three-lane design (one through traffic lane in each direction, north and south, along with a combined center left turn lane). The prime purposes of this task will be to develop initial alternatives based on data collection and analysis, prior studies, and current design guidelines. The Consultant will determine the initial set ofroadway/intersection layouts that will be examined to address both near-term and long-term needs within the corridor. 5.2 Project Layout The alternatives will focus on the needs for the Douglas Drive corridor and will deal with the geometric layout of the roadway and intersecting local roadways. Areas of concern that will be considered in identifying potential layouts are: 5.3.1 Function and safety in the corridor as well as local intersecting streets. 5.3.2 Connections to and around TH 55/Country Club Drive, Golden Valley Road, Duluth Street, and Sandburg Road. 5.3.3 Changing land use patterns or proposed change of land use. 5.3.4 Community growth and traffic projection plans. Conceptual layouts and/or other graphics will be prepared to illustrate the alternatives as needed for committee or public meetings. 5.3 Deliverables 5.3.1 Consultant will: 1. Conduct the Task 5 assessment and development of two (2) or three (3) alternatives. 2. Meet with the PMT to review the initial results of Task 5. 3. Prepare Technical Memorandum #5 summarizing the results of Task 5. 4. Meet with the PMT to review the results of Task 5 and gain their concurrence regarding alternatives to be further examined. 5.3.2 Agencies will: 1. Provide project oversight and direction. 2. Review and approve submittals in a timely manner. 3. Review and approve Technical Memorandum #5 that documents the alternatives. TASK 6 -PREPARE PRELIMINARY GEOMETRIC LAYOUT AND PROFILES FOR PREFERRED ALTERNATIVE 6.1 Preliminary Geometric Layout Guidelines All work in this task will meet all requirements of the City of Golden Valley and Hennepin County. 6.2.1 Complete a preliminary screening of initial alternatives in order to identify options that best meet the overall goals and objectives for the corridor. -25- Page 5 of 9 6.3 Deliverables 6.3.1 Consultant will: 1. Develop and Evaluate Detailed Alternatives. A. For each of the alternatives perform a detailed evaluation that is designed to provide the necessary information to identify a preferred plan and information that subsequent development activities can build upon. 1. Conduct a preliminary review of each alternative and determine environmental impacts. 2. Prepare cost estimates and compute preliminary costs for each of the local agencies. B. Conduct a public meeting to solicit input on details of the advanced alternatives. C. Review detailed analysis of alternatives with PMT and input from the public. D. PMT will select a Preferred Alternative. 2. Develop. Preliminary Geometric Layout for the Preferred Alternative A. Prepare Preliminary Geometric Layout and Profiles of the Preferred Alternate. 6.3.2 Agencies will: 1. Provide project oversight and direction. 2. Review and approve the Preliminary Geometric Layout. TASK 7 -ENVIRONMENTAL DOCUMENTATION 7.1 Preparation of Environmental Documents The Consultant will prepare all documents necessary to complete the Environmental Review process. The Consultant is responsible to determine all issues to consider in development of a project development path. This work includes the selection of the appropriate environmental documentation coupled with agency and public involvement required for this project. The Consultant is responsible for all reference and guidance material for typical environmental reports covering objectives, background, purpose, content, format, and processing. All work in this task will meet both Federal and State statutes and requirements as outlined in the MnDOT Highway Project Development Process (HPDP) manual. 7.2 Deliverables must include but are not limited to the following: 7.2.1 Consultant will: Assemble the necessary documents required by National Environmental Policy Act (NEPA) and the HPDP. A. Prepare an in-depth environmental fatal flaw analysis of the Preferred Alternate. B. Assemble the necessary documents into a draft form. C. Distribute the draft documents to the appropriate agencies requesting approval. D. Facilitate subsequent processing of the documents consistent with the approval and permitting requirements established by Mn/DOT and the permitting agencies. E. Conduct public Open House to present environmental information and correlation to preferred layout as required. F. Incorporate any required revisions into the document. G. Distribute copies of the final environmental report to the PMT and all required agencies. H. All environmental documentation shall be prepared in Microsoft Word format. I. Prepare the DNR Questionnaire. Copies of the final environmental document shall be presented at the Public Open House, if required, for review by the public. J. The final environment document will include comments on the draft environmental document, as required, from the Mn/DOT Metro District, the agencies involved and the public and the responses provided to those comments. K. Transmit the report to the FHWA for approval. -26- Page 6 of 9 L. Publish the report availability notice in the Environmental Quality Board (EQB) Monitor. M. Organize and attend a Public Hearing. 7.2.2 Agencies wi1L• 1. Provide project oversight and direction for the environmental review process. 2. Review and approve the final environmental document. TASK 8 -DESIGN REPORT 8.1 Design Standards Documentation Design standards documentation is required for most projects. The format used is the Design Report. The Consultant will prepare design recommendations for the project according to the requirements found in the HPDP manual. 8.2 Objectives The objectives of the Design Report are to document the project design criteria and standards; to discuss any pertinent issues; and, if there are design exceptions, to document and justify them. 8.3 Deliverables 8.3.1.. Consultant will: 1. Assemble the necessary documents required by the HPDP. 2. Meet with the PMT to review the draft Design Report. 3. Distribute the document to the State Geometrics Engineer and the appropriate agencies requesting approval. 4. Facilitate subsequent processing of the Design Report. 8.3.2 Agencies will: 1. Provide oversight and direction for the review process. 2. Review and concur with the Design Report. TASK 9 -PREPARE FINAL GEOMETRIC LAYOUT AND CONSTRUCTION LIMITS FOR THE PROJECT 9.1 Final Geometric Layout and Profiles of the Preferred Alternate The Final Geometric layout will be drawn in AutoCad Civil 3D 2010 format to a scaled ratio of 1"=100' showing existing topography -collected survey data and compatible with City aerial photos. The profiles will be drawn to a corresponding scale. The final geometric layout, after staff approval, will become the basis for detail design of the facility and the basis for Municipal Consent. An analysis of traffic operations with the project limits must also be completed with recommendations of geometrics including, but not limited to: turn lanes, channelization/median breaks, required access closures, frontage roads, resulting in Level 1 layouts. The consultant will conduct a Value Engineering (VE) analysis of the final geometric layout. 9.2 Deliverables 9.2.1 Consultant shall be responsible for obtaining' a'preferred concept layout including preparation for, and making a presentation to the Mn/DOT Metro Layout Approval Committee. The Consultant will: 1. Prepare the Final Geometric Layout, Profiles and Cross Sections of the Preferred Alternate. 2. Conduct a Value Engineering (VE) Analysis of the Final Geometric Layout. The VE Analysis will be used to refine the Preferred Alternate. 3. Provide one compact disc copy of all plans, text, and graphics. -27- Page 7 of 9 4. Provided final deliverables will be in AutoCad Civil 3D 2010 and .pdf formats. 9.2.2 Agencies will: 1. Provide project oversight and direction. 2. Review and approve the Final Geometric Layout. 3. Review and approve the Value Engineering (VE) Analysis. TASK 10 -COST ESTIMATES 10..1 Deliverables 1. Preliminary construction cost estimates shall be prepared for the Douglas Drive Project for the preferred final layout. The cost estimates shall include any and all related roadway improvements and required Right-of--Way acquisition needs. 2. The cost estimate shall use be in Microsoft Excel format. One hard copy and one electronic copy shall be provided to each of the following: City of Golden Valley and Hennepin County. TASK 11-PREPARE OFFICIAL MAP DOCUMENTS 11.1 Prepare Official Right-of--Way map documents for the Preferred Alternate based on the Final Geometric Layout This task includes: 11.1.1 Anticipated future Temporary Construction Easement and Permanent Right-of--Way needs. 11.1.2 Locations of controlled access requirements. 11.1.3 Map suitable for subsequent adoption and filing by the local land use authorities. 11.2 Deliverables 11.2.1 Consultant will: 1. Prepare the Official Map Plats and documents, meeting the needs of the City of Golden Valley and Hennepin County, that document anticipated future Right-of--Way needs and locations of controlled access. 2. Meet with local governmental units including Hennepin County, the City of Golden Valley to review the details of the Official Map. 3. Provided final deliverables will be in AutoCad Civil 3D 2010 formats. 11.2.2 Agencies will: 1. Provide project oversight and direction. 2. Review and approve the Official Mapping TASK 12 -GEOMETRIC LAYOUT TO OBTAIN MUNICIPAL APPROVAL 12.1 Municipal Consent and Official Mapping The Consultant will attend hearing and/or meetings at local jurisdictions, present information, and provide technical assistance during the consideration of the Final Geometric Layout and Official Map. The Consultant is responsible for the preparation of all documents required to gain Municipal Consent and endorsement of the Official Map. -28- Page 8 of 9 12.2 Deliverables 12.2.1 Consultant will: 1. Prepare maps, layouts, resolutions, and all other documents required for the Municipal Consent Process. 2. Attend Golden Valley City Council work sessions/council meetings to present Final Geometric Layout and Official Map, and seek resolution of approval as necessary. 3. Attend two Hennepin County Board meetings to present Final Geometric Layout and Official Map, and seek resolution of approval. 12.2.2 Agencies will: 1. Provide oversight and direction. 2. Attend Golden Valley City Council meetings to present Final Geometric Layout and Official Map, and seek resolution of approval. 3. Attend Hennepin County Board meetings to present Final Geometric Layout and Official Map, and seek resolution of approval. -29- Page 9 of 9 CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5. 2010 Task 1 - Pru ect Mana emenl Approach: WSB's Project Manager will proactively administer the non-technical aspects of the project, including budget and schedule maintenance and tracking, project updates, periodic update meetings, coordination with City, County and State staff as well as agencies, utilities and the public. PM will prepare monthly progress reports to accompany invoices that cleady states progress of each task with regard to budget expended and actual progress compared to planned values. A sample progress report has been included at the end of the work plan for reference. Task Start End Methodologies Personnel Deliverables Due Date Date Date 1.1 Administration. 11116/201 6/30/2011 Task includes management of schedule and budget; preparation of Hale Progress reports (sample attached) Monthly monthly progress reports and invoices, coordination of project team Invoices Monthly and management of project tasks. 1.2 Coordination 11/16!201 6/30/2011 Establishment of preferred methods of communication with City Hale project administrator and frequency (assumed weekly). Heppelmann Communication will be documented and will definitively discuss upcoming tasks and responsibility. Coordination includes scheduling of PMT meetings, but does not include any specific meeting tasks. 1.3 Project Meetings 11/16/201 6/30/2011 Schedule and attend kickoff meeting, schedule and attend Hale Announcements/ Agendas/ Materials 1 week prior progresslstatus meetings, minutes. Meetin Minutes 3 days after 1.4 QAIQC 11/16/201 6/30/2011 Prior to each submittal, the documents will be reviewed by the Project Hale Continuous Manager and an independent expert for adherence to project goals Heppelmann and scope, as well as to defined standards Stema 3 ,,.- . s s Approach: WSB Team will coordinate establishment of Protect Management I eam, to be chaired by City representative and containing County representative, WSB PM and representatives from other agencies and project team as needed. PMT will be primary points of contact for the project and wilt guide decision-making considering regional needs, community development interests and project goals. The public involvement process will be established (draft plan included in work plan) Task Start End Methodologies Personnel Deliverables Due Date Date Date 2.1 Project Management 11!16/201 12115/201 Consult with City and County to establish representative agencies; Hale PMT Contact List and Alternates 1 1 /1 91201 Team (PMT) contact identified representative to establish contact information, Heppelmann Draft Technical Memo #1 11/221201 participation and alternate. Hold regular meetings with PMT to Schroeder (ready for PMT Mtg #1) update progress, submit draft and final documents as listed Final Technical Memo #1 12/14!201 elsewhere in the scope, and establish upcoming decisions and (ready for PMT Mtg #2) responsibilities. Task includes agendas, attendance and minutes. 2.2 Public Involvement 11/16/201 3/15/201 Prepare draft public involvement plan (included in work plan); review Hale Draft PIP for review (draft attached) 11/22/201 Process with PMT and finalize plan; identify dates, audience, format and Heppelmann (ready for PMT Mtg #1) materials for meetings. Schedule, prepare materials for, attend, Schroeder Final PIP {Included in Tech Memo #1) 1 211 4 /2 0 1 document discussions, and assemble comments for up to 2 public (ready for PMT Mtg #2j meetings. n 1 W CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5, 2010 Task 3 -Data Collection Approach: Project team will begin data collection activities immediately upon contract execution. While the Project Manager is focused on establishing framework with the PMT and project kickoff activities, task leaders will collect and review data and begin drafting Technical Memorandum #2 far review. Given the overall project schedule, the data collection task must be completed as quickly as possible to trigger subsequent casks that develop altematives and initiate environmental documents. Task Start End Methodologies Personnel Deliverables Due Date Date Date 3.1 Review Planning 11/16/201 11/22/201 All of these documents were either prepared by the team already, or Plowman Draft Technical Memorandum #2 12/141201 Documents are in our possession. Efforts will focus on establishing updates, B Popenhagen (ready for PMT Mtg #2) identifying other pertinent documents, and summarizing applicable Schroeder Soils Report 1 2 /1 412 0 1 data for the memorandum. 3.2 Utility Mapping and 11116/201 12!15/201 Initiate Gopher State One Call for design marking; hold a utility A Popenhagen Base Mapping (hard copy and AutoCAD) 12/14/201 Marking staking meet; obtain record drawings. A utility base map will be Raverty Final Technical Memorandum #2 1/24/2011 prepared for use in discussing impacts and improvements. Ohman (ready for PMT Mtg #3) 3.3 Topographic Survey 11/16/201 12/1/201 Perform topographic survey of the project corridor using County Ische coordinates. If applicable, available existing survey data from previous designs or studies will be verified. Limits will extend to edge of structures to facilitate decisions about impacts. A topographic base map will be prepared for use in facilitating discussion about impacts, alternatives, and layout preparation. Utility base map will be incorporated for above-ground facilities; and referenced for under ground. Existing right-of-way will be obtained using City GIS, recorded maps, and found property corners. 3.4 Soils Investigation 11116/201 12115/201 Boring locations and total number/footage will be coordinated with American City and County before drilling -assumed number and depths as Engineering and indicated in AET Proposal dated 10/21110. Potential expansion areas Testing outside the existing roadbed will be considered, as will new utilities, storm sewer and possible box culvert modifications. 3.5 Traffic Data Collection, 11/161201 12/1/201 Project team will utilize existing counts and projections from the Ellos Counts, and Modeling Corcidor Study. Where needed for better clarity, additional counts will Heppelmann be performed. Models for existing and future operations will be prepared using existing models from the Corcidor Study. Speed studies and crash data will be obtained, either from historic sources (prior to lane modification), or to understand operations and effectiveness of new configuration (3-lane design). 3.6 Identify Existing or 111161201 11 /291201 The majority of these have been identified as part of the Corcidor Hale Perceived Problems Study. Project team will follow the guidance of City public works staff Schroeder to solicit additional items with City Planning, City Council, and key Major project stakeholders. CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5. 2010 3.7 Confirm Land Use 11/16/201 11/291201 Land use patterns were established as part of the Corridor Study, but Schroeder Patterns and Updated it was decided not to update the Comprehensive Plan. These Major Development patterns will be confirmed, and discussions with City Planning and Community Development staff will be held to ascertain any changes or potential developments. 3.8 Environmental Data, 11/16/201 7/1/2011 Initial contact letters requesting review and data will be sent. An B Popenhagen including SEEE concerns initial meeting with FHWA and State Aid will be held to discuss the Moffatt structure and type of environmental documentation. Initial data collection to support 5EE determinations will be performed. Wetland determinations or delineations will be conducted. 3.9 BCWMC Coordination 11/16/201 11/29/201 Initial contact will be made or a meeting held with the technical staff Willenbring to discuss the project and determine their requirements. Background data for the watershed and area drainage will be obtained. 3.10 Metro Transit 11116/201 11 /291201 Initial discussions will be held with Metro Transit to determine existing Plowman Coordination ridership numbers and to discuss future plans for stops and service in the corridor Approach: WSB team will organize collected data in summary narrative and graphic form, using graphics such as the included Issues Map, to illustrate the comprehensive issues, as well as the localized ones. Where appropriate, relationships between data will be shown and synthesized into logical conclusions. A PMT meeting will be held to review the data and conclusions so the issues, goals, problems and need can be refined and agreed upon. Similarly, a public meeting will be held for the same purpose. At the conclusion of the task, a comprehensive understanding of the results and process will occur and be documented, and the basis for a Purpose and Need statement will be established. Task Start End Methodologies Personnel Deliverables Due Date Date Date 4.1 Traffic Forecasts and 12/1/201 12/14/201 Using updated counts and models, as well as speed study and crash Heppelmann Traftc Operations Analysis Report 12/14/201 Operational Analysis data, operation of existing road (both original 4-lane as well as 3-lane) Ellos (ready for PMT Mtg #2) will be evaluated and deficiencies noted. Analysis of access Draft Technical Memorandum #3 121141201 locations and configurations will be included in the analysis. (ready forPMT Mtg #2) Attend Council Meeting or Workshop Early Jan 2011 Public Meeting to review issues and goals 1118/2011 Final Technical Memorandum #3 1/24/2011 (ready for PMT Mtg #3) 4.2 Multi-modal 12!1/201 12!14/201 Pedestrian, bicycle and transit information will be combined into a Hale Considerations general understanding of multi-modal needs and opportunities in the Schroeder corridor. Surrounding pedestrian and bicycle facilities, along with Ellos likely originations and destinations will be included to address both Ma or 4.3 Environmental Factors 12115/201 1124/2011 The survey, utility, soils and environmental data collected will be Hale combined to identify locations where special considerations, Plowman avoidance or mitigation will be required. A Popenhagen B Popenhagen Moffatt Willenbring CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5, 2010 Task 5 - Identif tnitial Alternatives Approach: Several allernatives for the segment north of Golden Valley Road were explored as part of the Corcidor Study with regard to lane configurations (including multi-modal considerations), access control, and intersections (see attached exhibit). As a result, our team will be able to begin identification of viable alternatives from a more advanced starting point. Alternative identification will factor in safety and functionality in the corridor, timing and extent of land use changes, and resultant growth and project plans. The issue for decision-making is to avoid many different ways of combining section, access and intersection control into an unwieldy number of alternatives. Our approach will be to identify 2-3cross-sections for consideration (alternatives), and perform operations, analysis on those. This analysis may indicate a need for specific access control, and indeed access control may be dictated by the PMT or planning documents. Finally, intersection control can be evaluated at each intersection with each alternative, selecting the preferred type of control within each alternative. South of Golden Valley Road, the cross-section was determined in a 2004 study led by the City and conjunction with the County. Thus, the alternatives in this area are limited. However, 2-3 alternatives will develop with regard to Country Club Drive and its proximity to TH 55. WSB has already done layouts here (attached). Unless otherwise directed, we will assume a fixed cross- section and develop alternatives for Country Club Drive treatment. Note: The Technical Memorandum prepared under this task is labeled ~'S in the RFP Scope. We have changed the label to Technical Memorandum ,#4 in this work plan. Task Start End Methodologies Personnel Deliverables Due Date Date Date 5.1 Confrm cross-section 12/1/201 12114/201 Displays will be prepared to demonstrate the previously-developed Hale Draft Technical Memorandum #4 12/14/201 alternatives (North of GV sections and the pros and cons of each. Safety, functionality and Heppelmann (ready for PMT Mtg #2) Road) multi-modal considerations will be preserited. Discussion will be Schroeder Attend Council Meeting or Workshop Early Jan 2011 facilitated to develop potential additional considerations, or refinemen Public Meeting to present alternatives 1118/2011 of existing. Operational data for the recent 3-lane alteration will be under consideration used as a tool to determine viability. Final Technical Memorandum #4 1/2412011 (ready for PMT Mtg #3) 5.2 Confrm approved cross- 12/1/201 12/14/201 Previously-approved cross-section will be shown and confirmed. Hale section and intersection Previously-developed alternatives for Country Club Drive will be Plowman alternatives (South of GV shown to facilitate discussion on viable alternatives. Political factors Heppelmann Road); will play a role in this decision -additional criteria and sources of feedback will be identified for the evaluation. 5.3 Revise alternatives for 12/11201 1/5/2011 Operational analysis of forecasted volumes will be quickly performed Heppelmann access management to determine increased viability or operational benefits that may result Ellos from access changes. Planning documents from the City and County will also be used to set context for this determination. Refinements to alternatives will be implemented. 5.4 Determine evaluation 1211/201 12/15/201 Parameters for evaluating different intersection control options will be Hale criteria to select discussed, with the goal of establishing decision criteria for each Heppelmann intersection control intersection in each altemative. The goal of this task will be to select plowman the most appropriate type of control, and modify the cross-section alternatives to reflect. 5.5 Finalize alternatives, 12115/201 1/1512011 2-3 alternatives for each segment (North and South of Golden Valley Hale including specific access Road) will be finalized to facilitate more detailed analysis. These Plowman mgmt. and intersection alternatives will be discussed with PMT and possibly the City Council control (Full Corridor) to establish issues and viability before proceeding. Cross-sections and layouts will be prepared to facilitate these discussions. CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5, 2010 "f. Approach: Our approach to this task will be to first confirm the criteria with which to evaluate each alternative. These will be based largely on the issues, goals, problems and need established in Task 4. However, additiona criteria will be considered, such as cost, environmental impacts, and impacts to surrounding property. Input from the public and council during alternative development may also suggest additional criteria. The goal of this task will be to select a preferred alternative, and perform a detailed 30%-level design of that alternative. 30% design will facilitate not only completion of environmental documentation and design report, but preparation of final layouts revised estimates, and mapping. Note: The Technical Memorandum prepared under this task is not requested in the RFP Scope. Our proposed Technical Memorandum ~5 will describe the screening and selection process used to identify the Preferred A/ternative, including input gathered and reasoning behind final selection. Task Start End Methodologies Personnel Deliverables Due Date Date Date 6.1 Confirmation of selection 1/15/2011 1 /22/2011 Wepropose atwo-tiered presentation of criteria. The top tier would Hale Draft Technical Memorandum #5 2/14/2011 criteria and initial be must-meet requirements. Through Task 5, hopefully there are Schroeder (ready for PMT #4) screening none of these that are not met. The second tier will be criteria that Heppelmann Attend Council Meeting or Workshop to Eady Mar 2011 each alternative can address to different degrees. We propose a Discuss Alternatives under Evaluation "Consumer Reports' style diagram for this tier. An example of this is Public Meeting to Discuss Alternative 3/15/2011 attached. Screening and Selection Criteria Final Technical Memorandum #5 3121/2011 (ready for PMT #5) Layout and Profile of Selected Altemative 4/18/2011 Attend Council Meeting or Workshop to Early Apr 2011 Present Selected Alternative 6.2 Alternative Selection 2/112011 3I31I2011 WSB team will facilitate selection of the preferzed alternative through Hale PMT, public and Council interaction. Appropriate displays and Schroeder documents will be prepared to facilitate discussion and input Ellos Major 6.3 Layout and Profile / 30% 3/15/2011 4/18/2011 Based on the preferred alternative, the design team will prepare a Hale Plan Preparation geometric layout and profiles (30%designj. These designs will form Plowman the basis for preparing the final layouts, cost estimating and B Popenhagen establishing construction limits during future tasks. Raverty Willenbring Moffatt CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5, 2010 Task 7 -Environmental Documentation Approach: WSB will prepare the necessary environmental documents in accordance to the policies and procedures outlined by FHWA, Mn/DOT State Aid, and the MnIDOT HPDP. Based on the review of potential environmental impacts such as substantial right-of-way acquisition and noise it is anticipated that the appropriate NEPA document is a federal Environmental Assessment (EA). Since the project is not expected to add a through Zane for more than a mile in length it is anticipated that a state Environmental Assessment Worksheet (EAW) will not be necessary. As a first course of action WSB will review the project with State Aid and FHWA to make sure that everyone is in agreement with the appropriate NEPA document. Also, the current position of the FHWA is that they will not finalize/approve a NEPA document if the proposed project is not in the STIP. Instead they are recommending the preparation of a environmental document they are calling a feasibility study that would provide environmental review for the project for the purpose of preserving right-of-way. This would allow a separate Project Memorandum to be prepared for the right-of-way acquisition portion of the project. This policy is new and FHWA has made exceptions on approving environmental documents for some projects. WSB will discuss the approval process with FHWA to determine the best course of action for this project which has federal funds dedicated for the study and right-of-way. For the purpose of our schedule of achieving the July 1, 2011 completion we have assumed completion of a Feasibility Study Environmental Document for the construction of the project and preparation of a Project Memorandum for the acquisition of right-of-way. Task Start End Methodologies Personnel Deliverables Due Date Date Date 7.1 Preparation of 3/31/2011 6130/2011 Prepare the necessary NEPA document (assuming a Environmental B Popenhagen Draft Environmental Feasibility Study - 4/18/2011 Environmental Feasibility Study and ROW PM) for federal approval. After review 2 Revisions (ready for PMT Mtg #6) Documents and official comment on Environmental Feasibility Study and ROW Draft ROW PM - 2 Revisions 4/18/2011 PM a final document will be prepared. It is expected that FHWA (ready for PMT Mtg #&) would agree that the ROW acquisition qualifies as a categorical Final Environmental Feasibility Study 711/2011 exclusion. Final ROW PM 711/2011 Early Coordination 11/11201 12/15/201 Submit early coordination letters to agency stakeholders including but B Popenhagen Agency Letters (included in Task 3) not limited to the DNR, State Aid's CRU request letter and Meetings as Needed Purpose and Need 2/1/2011 2/1512011 Describe the corridor's intended purpose as a transportation element B Popenhagen Write-up of Purpose and Need for and its current and projected future safety and mobility needs. Environmental Feasibility Study and ROW PM Alternatives Analysis 3/31 /2011 4118/2011 Describe the evaluation of alternatives and selection of the preferred B Popenhagen Write-up of Alternatives Analysis for alternative. Environmental Feasibility Study and ROW PM Noise Study 3/31/2011 4118/2011 Evaluate the traffic related noise impacts using MINNOISE for the B Haydon 2010 and 2030 Build and No Build Noise existing, No Build, and Build 2010 and 2030 conditions. Model Write-up of Alternatives Analysis for Environmental Feasibility Study and ROW PM Cultural Resource 2/112011 4118/2011 An investigation of area's cultural resources and potential for impacts Blondo Write-up of Alternatives Analysis for Investigation will be completed in accordance with Mn/DOT HPDP. If a Phase I is Consulting Environmental Feasibility Study and ROW necessary the contract will be amended to include the necessary PM resource work. Section 4(f) Evaluation 313112011 4/18Y2011 Evaluate the potential for takings of publicly owned parkland (i.e. C Bot Draft Section 4(f) Evaluation Sandburg School) or other 4(t) resources. If a taking is anticipated evaluate avoidance, minimization, and mitigation measures consisten wish the FHWA policies regarding Section 4(f). Complete an Section 4(f) Evaluation or Programmatic Evaluation if deemed necessary. CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5, 2010 .,r :h,~ Approach: Project Team will prepare the Design Reporl as a stand-alone document that describes the standards used in prepadng the layouts, as well as stating any environmental mitigation required for the referred altemative and an desi n exce bons. Task Start End Methodologies Personnel Deliverables Due Date Date Date 8.1 Prepare Design Report 4/1/2011 4/18/201 Team will utilize standard presentation format from the HPDP Plowman Design Report (ready for PMT Mtg #&) 4/18/2011 manual; work includes submittal to MnIDOT for approval 8 Popenhagen Task 9 - Prc arc Final Geometric La out and Coitstructiur~ Limits for Project Approach: A Geometric Layout of the Preferred Alternative will be prepared to facilitate County and Mn/DOT approval, as well as obtain Municipal Consent. Along with the Design Report, this final layout can be used to commence final design of the project. We will perform a Value Engineering analysis of the layout to identify alternate construction methods or approaches that can reduce cost while still implementing the preferred altemative. Task Start End Methodologies Personnel Deliverables Due Date Date Date 9.1 Prepare Final Layout 311512011 4/18/2011 Layout will be prepared to County standards using AutoCAD. The Hale Final Geometric Layout 4 /1 812 0 1 1 layout will reflect traffic operations, alignment and intersection geometries, turn lanes, median breaks, access closures, and frontage roads. All project components, including drainage facilities, public Plowman (ready for PMT Mtg #6) and private utilities, soil corrections and construction limits will also be 9.2 Value Engineering 4130/2011 5/15/2011 Construciability review and Value Engineering analysis will be Sterna Value Engineering Analysis 511612011 Analysis performed by a final design and construction expert. Determinations Hale (ready for PMT #7) will be documented. Layout will be refined to reflect findings. Plowman 9.3 Approval 311512011 6/10/2011 WSB will prepare a truncated layout around the area of TH 55 to Hale Truncated Layout for MnIDOT Submittal 4118/2011 Mn/DOT standards for presentation and review by the Mn/DOT Metro Plowman For Approval Layout Committee (their review is limfted to trunk highway layouts). WSB will also submit the layout to the County for formal approval. } r - ~^~ - -~_ .,. .. Approach: Project Team will refine previous cost estimates prepared under previous tasks to reflect the final layout and value engineering review. Task Start End Methodologies Personnel Deliverables Due Date Date Date 10.1 Prepare Cost Estimate 4/18!2011 5/23/2011 Itemized cost estimate prepared in Microsoft Excel format with recent Hale Preliminary (30%) Cost Estimate 5123!2011 bid data. Will confirm if estimate should be in 2011 prices or adjusted Plowman (ready for PMT #7) for inflation to 2016. CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study WORK PLAN November 5, 2010 lack 11 - P'repar~ Official Ma rpodtiments Approach: Using the construction limits Developed m I ask 10, the project team will define necessary permanent right-of-way, permanent easements antl temporary construction easements. These property lines will be made into an Official Ma for use in future a uisition of ro ert . Task Start End Methodologies Personnel Deliverables Due Date Date Date 11.1 Official Map 4/22/2011 6/30/2011 An Official Map will be prepared in AutoCAD format that reflects the Ische Draft Official Map 5123/2011 necessary permanent and temporary property needed to (ready for PMT #7) accommodate the construction of the project. Needs will be based on Attend Council Mtg/Public Hearing for Eady Jun 2011 the limits established during final layout preparation. Map will be Approval submitted for review and modifications based on comments will be Final Official Map 6/15/2011 made. Final Map will be prepared for use in filing by the appropriate land use authority. _.. Approach: Project Team will present the final geometric layout and supporting documentation to City Councilor County Board as required to obtain Municipal Consent. Typically, Hennepin County grants layout a royal rather than Munici al Consent. Task Start End Methodologies Personnel Deliverables Due Date Date Date 12.1 Obtain Municipal Consent 5/1/2011 6/3012011 Project team will prepare drawings or other displays for local Hale Attend City Council and County Board Jun-11 or Approval jurisdiction meeting and approval, and will be available to provide Heppelmann Meetings to Obtain Consent or Approval technical assistance to facilitate discussion and approval. Additional Tasks Approach: Using the construction limits developed in Task 10, the project team will define necessary permanent right-of-way, permanent easements and temporary construction easements. These property lines will be made into an Official Ma for use in future ac uisition of ro ert . Task Start End Methodologies Personnel Deliverables Due Date Date Date 13.1 Preparation of an Unk. Unk. These items are anticipated to be required as part of the overall Various TBD Environmental project. However, the scope and level of effort required will be Assessment, Olympia determined during the project and as decisions are made. WSB will Street Access and Impact prepare a scope of work, hour estimate and fee proposal for each Study, TH 55 and 5outti task as requested, and no work will commence without written Frontage Road approval ofth a task from the City. li is anticipated that these tasks Intersection Attematives will be budgeted as cost plus fixed fee, which will require an Study. adjustment to the fixed fee portion whenapproved. Figure C-4 CSAH 102 (Douglas Drive from TH 55 to CSAH 70) Modified Deliverables Schedule The following table summarizes the deliverables for the project. This list corresponds to the Proposed Work Plan and Approach, where detailed information can be found about what may be contained in each deliverable, software used, formats and applicable standards. In addition, the Scope of Work and Deliverables contained in the RFP will be adhered to with regard to formats and standards. -~..- r ----- LOCATION IN I - __ DELIVERABLE I WORK PLAN _ ~ pUE DATE Progress Reports Task 1 Monthly Invoices Task 1 Monthly Meeting Announcements, Task 1 1 Week Prior to Meeting A endas and Materials Meeting Minutes Task 1 3 Days After Meeting PMT Contact List and Task 2 November 19, 2010 Alternates Draft Technical Task 2 November 29; 2010 Memorandum #1 Draft Public Involvement Task 2 November 29, 2010 Plan Draft Technical Task 3 December 14, 2010 Memorandum #2 Final Technical Task 2 December 14, 2010 Memorandum #1 Final Public Involvement Task 2 December 14, 2010 Plan Soils Report Task 3 December 14, 2010 Base Mapping Task 3 December 14, 2010 Final Technical Task 3 January 24, 2011 Memorandum #2 Traffic Operations Analysis Task 4 December 14,2010 Re ort Draft Technical Task 4 December 14, 2010 Memorandum #3 Draft Technical Task 5 December 14, 2010 Memorandum #4 Final Technical Task 4 January 24, 2011 Memorandum #3 Draft Technical Task 5 January 24, 2011 Memorandum #4 Draft Technical Task 6 February 14, 2011 Memorandum #5 Page 1 of 2 - -- -- LOCATION IN --_ DELIVERABLE WORK PLAN DUE DATE Final Technical Task 6 March 21, 2011 Memorandum #5 Layout and Profile of Task 6 March 31, 2011 Selected Alternatve Draft Environmental Task 7 April 18, 2011 Feasibilit Stud Draft ROW Project Task 7 April 18, 2011 Memorandum Design Report Task 8 April 18, 2011 Final Geometric Layout Task 9 April 18, 2011 Truncated Layout for TH 55 Task 9 April 18, 2011 Intersection Value Engineering Analysis Task 9 May 23, 2011 30% Cost Estimate Task 10 April 18, 2011 Draft Official Map Task 11 May 23, 2011 Obtain Municipal Consent Task 12 June 2011 Final Official Map Task 11 June 15, 2011 Final Environmental Task 7 July 1, 2011 Feasibilit Stud Final ROW Project Task 7 July 1, 2011 Memorandum Page 2 of 2 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on a cost plus fixed-fee basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's estimated hours, with hourly rates, overhead rates, and fixed-fee basis is attached to this contract as Exhibit D-1. The following are the compensation terms: D. l Receipt of Payment In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before ten (10) days after receipt of (a) each monthly invoice, (b) a certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. Invoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoiceswill include the City representative who authorized the work. All payments to the Consultant shall be made payable to WSB & Associates, Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: ^ Plan and specification reproduction fees ^ Costs related to the development of project photos ^ Mileage ^ Mailing and deliveries The following shall not be considered reimbursable expenses: ^ Mobile phone usage ^ Computer equipment time ^ Preparation and reproduction of common correspondence D.3 WSB City understands that Consultant will be subcontracting work described under this Agreement to WSB and Associates, Inc. ("WSB"). Consultant agrees it shall be liable for any work done by any subcontractor for services rendered under this Agreement. Exhibit D -Compensation Page 6 of 7 Figure D-1 CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study HOUR AND COMPENSATION ESTIMATE nl„„err,l,o,- a ~n~n . , .,. ._ ~a'sk'1 < ~JI ht w, . , Finn Title/Name Hourly Rate WSB Principal E60.00 WSB PM E45.60 WSB Sr. PM E60.00 WSB Clerical $25.95 1.1 Administration 40 $4,796.55 1.2 Coordination 8 96 12 $13,592.85 1.3 Pro'ect Meetin s 8 24 12 $4,959.06 1.4 QA/QC 8 64 16 $11,461.23 Labor Subtotal $1,440.00 $10,214.40 $960.00 $622.80 $13,237.20 Overhead Rate 1.3375 1.3375 1.3375 1.3375 Overhead Costs $1,926.00 $13,661.76 $1,284.00 $833.00 $17,704.76 Labor plus Overhead $3,366.00 $23,876.16 $2,244.00 $1,455.80 $30,941.96 Fee% 12.5% 12.5% 12.5% 12.5% Fee salary+o,.ernead+r-ee $420.75 $3,786.75 $2,984.52 $26,860.68 $280.50 $2,524.50 $181.97 $1,637.77 $3,867.74 $34,809.70 Firm TMe/Name Hourly Rate WSB Princlpal 560.00 WSB PM E45.60 WSB Technlclan $27.00 WSB Clerical E25.95 LHB Schroeder ~ $57.20 LHB Major E24.04 2.1 Pro'ect Mana ement Team PMT) 8 32 12 9 $7,277.61 2.2 Public Involvement Process 12 80 16 32 30 30 $21,241.18 Labor Subtotal $1,200.00 $5,107.20 $432.00 $1,141.80 $2,230.80 $721.20 $10,833.00 Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.368 1.368 Overhead Costs La6a plus Overhead $1,605.00 $2,805.00 $6,830.88 $11,938.08 $577.80 $1,009.80 $1,527.16 $2,668.96 $3,051.73 $5,282.53 $986.60 $1,707.80 $14,579.17 $25,412.17 Fee% 12.5% 12.5% 12.5% 12.5% 11.5% 11.5% Fee $350.63 $1,492.26 $126.23 $333.62 $607.49 $196.40 $3,106.62 serary+overhead+Fee $3,155.63 813,430.34 81,136.03 $3,002.58 $5,890.03 $1,904.20 828,518.79 Firm Title/Name Hourl Rafe WSB Principal $60.00 WSB PM $45.60 WSB Sr. Eng. 842.00 WSB Proj. Eng. f37.00 WSB Crew Chief 832.00 WSB Surveyor $21.25 WSB Technician 527.00 WSB Clerical 825.95 LHB Schroeder $57.20 'LHB Major 824.04 Stevens Popnhgn E48.50 Stevens Reverty E33.00 Stevens Ohman $22.60 3.1 Review Plannin Documents 2 2 4 8 $1,995.01 3.2 Utili Mappin and Markin 3.3 To o raphic Surve 3.4 Soils Investi ation (Included in Expenses) 3.5 Traffic Data Collection, Counts, and Modelin 6 4 2 0 60 60 40 2 2 8 32 50 $7,771.41 $12,188.60 $0.00 $4,026.42 3.6 Identity Existing or Perceived Problems 24 2 30 16 -- - - - $8,560.77 3.7 Confirm Land Use Patterns and Updated Develo ment 2 8 18 $2,487.21 3.8 Environmental Data, includin SEE concerns 6 97 90 56 4 $23,245.91 3.9 BCWMC Coordination 6 2 6 1 $1,743.88 3.10 Metro Transit Coordination Labor Subtotal $1,320.00 2 $1,459.20 $4,158.00 16 $4,836.00 $1,920.00 $1,275.00 $2,592.00 1 $363.30 $2,631.20 $817.36 $388.00 $1,056.00 $1,130.00 $1,612.39 $23,946.06 Overhead Rate Overhead Costs 1.3375 $1,765.50 1.3375 $1,951.68 1.3375 $5,561.33 1.3375 $6,468.15 1.3375 $2,568.00 1.3375 $1,705.31 1.3375 $3,466.80 1.3375 $485.91 1.368 $3,599.48 1.368 $1,118.15 1.6 $620.80 1.6 $1,689.60 1.6 $1,808.00 $32,808.71 Labor plus Overhead $3,085.50 $3,410.86 $9,719.33 $11,304.15 $4,488.00 $2,980.31 $6,058.80 $849.21 $6,230.68 $1,935.51 $1,008.80 $2,745.60 $2,938.00 $56,754.77 Fee% Fee 12.5% $385.69 12.5% $426.36 12.5% $1,214.92 12.5% $1,413.02 12.5% $561.00 12.5% $372.54 12.5% $757.35 12.5% $106.15 11.5% $716.53 11.5% $222.58 10.5% $105.92 10.5% $288.29 10.5% $308.49 $6,878.84 33 61 Salary+Overhead+Fee $3,471.19 $3,837.24 $10,934.24 812,717.17 $5,049.00 $3,352.85 86,816.15 $955.37 $6,947.21 $2,156.09 $1,114.72 $3,033.69 $3,246.49 . 863,6 Page 1 of 5 CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study HOUR AND COMPENSATION ESTIMATE nl,.,..,..,ti,.. ~ ondn ~9, r, e. Firm WSB WSB WSB WSB W38 LHB LHB Stevens Title/Name Principal PM 5r. Eng. Proj. Eng. Clerical Schroeder Major Raverty Hourly Rate $60.00 $45.60 $42.00 $31.00 $25.95 $5720 $24.04 $33.00 4.1 Traffic Forecasts and O erational Anal sis 8 96 4 $9,361.16 4.2 Multi-modal Considerations 8 24 4 6 10 $4,729.65 4.3 Environmental Factors 4 12 4 12 4 8 $4,521.55 Labor Subtotal $720.00 $912.00 $168.00 $4,092.00 $311.40 $343.20 $240.40 $264.00 $7,051.00 Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.3375 1.368 1.368 1.6 Overhead Costs $963.00 $1,219.80 $224.70 $5,473.05 $416.50 $469.50 $328.87 $422.40 $9,517.81 Labor plus Overhead $1,683.00 $2,131.80 $392.70 $9,565.05 $727.90 $812.70 $569.27 $686.40 $16,568.81 Fee% 12 5% 12.5% 12.5% 12.5% 12.5% 11.5% 11.5% 10.5% Fee . $210.38 $266.48 $49.09 $1,195.63 $90.99 $93.46 $65.47 $72.07 __ $2,043.55 Sa/ery+Overhead+Fee $1.893.38 $2,398.28 $441.79 $10,780.88 $818.68 $908.18 $634.73 5758.47 , $18,612.37 . .., - ~,. , ,.. . z , _.. ;~ Firm WSB WSB WSB WSB WSB LHB LHB Tifle/Name Principal PM Prof. Eng. Technician Clerical Schroeder Major Hourl Rate $60.00 $45.60 $31.D0 $27.00 ~ E25.95 $5720 E24.04 5.1 Confirm cross-section alternatives (North of GV Road) 4 16 24 2 8 24 $7,121.8 Confirm approved cross-section and intersection 2 6 12 2 $2,023.54 5 2 alternatives (South of GV Road) 5.3 Revise alternatives for access management 8 12 32 16 $6,445.89 Determine evaluation criteria to select intersection 2 8 2 $1,411.35 5 4 control Finalize alternatives, including specific access mgmt. 2 12 16 24 14 $5,718.26 5.5 and intersection control Full Corridor Labor Subtotal $1,080.00 $2,462.40 $1,488.00 $2,052.00 $519.00 $457.60 $576.96 $8,635.98 Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.3375 1.368 1.368 _ _ Overhead Costs $1.444.50 $3,293.46 $1,990.20 $2,744.55 $fi94.16 $626.00 $789.28 $11,582.15 1 Labor plus Overhead $2,524.50 $5,755.86 $3,478.20 $4,796.55 $1,213.16 $1,083.60 $1,366.24 _ $20,218.1 Fee% 12.5% 12.5% 12.5% 12.5% 12.5% 11.5% 11.5% _ Fee $315.56 $719.48 $434.78 $599.57 $151.65 $124.61 $157.12 $2,502.77 $22 720 88 satary+overnead+Fee $2,840.06 $6,475.34 $3,912.98 $5,396.12 $1,364.81 $1,208.21 $1,523.36 , . Firm , WSB ,WSB WSB WSB WSB WSB LHB LHB Stevens Stevens Stevens TRIe/Name Princpal PM Sr. Eng. Prof. Eng. Technician Clerical Schroeder Major Popnhgn Raverty Ohman Hourl Rafe E60.00 $45.60 $42.00 E31.00 $27.00 $25.95 $57.20 524.04 $48.50 $33.00 $22.60 1 Confirmation of selection criteria and initial screenin 6 2 12 4 8 8 $3,743.49 . 6.2 Alternative Selection _ 8 24 8 40 72 8 16 32 $18,390.17 6.3 La out and Profile / 30% Pfan Pre aration 24 12 120 120 24 60 8 100 160 $50,923.3 Labor Subtotal $600.00 $2,736.00 $840.00 $4,96D.00 $5,184.OD $311.40 $2,745.60 $2,404.00 $388.00 .$3,300.00 ~ $3,616.00 $27,085.00 Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.3375 1.3375 1.368 1.368 1.6 1.6 1.6 _ Overhead Costs $802.50 $3,659.40 $1,123.50 $6,634.00 $6,933.60 $416.50 $3,755.98 $3,288.67 $620.80 $5,280.00 $5,785.60 $38,300.55 Labor plus Overhead $1,402.50 $6,395.40 $1,963.50 $11,594.00 $12,117.60 $727.90 $6,501.58 $5,692.67 $1,008.80 $8,580.00 $9,401.60 $65,385.55 Feet 12.5% 12.5% 12.5% 12.5% 12.5% 12.5% 11.5% 11.5% 10.5% 10.5% 10.5% Fee $175.31 $799.43 $245.44 $1,449.25 $1,514.70 $90.99 $747.68 $654.66 $105.92 $900.90 $987.17 $7,671.44 salary+ovemead+Fee 81,577.81 $7,194.83 $2,208.94 $13,043.25 $13,632.30 $818.88 $7,249.26 $6,347.33 $1,114.72 $9,480.90 $10,388.77 $73,056.99 Page 2 of 5 CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study HOUR AND COMPENSATION ESTIMATE nl.,,re,,,l,ar F on~n :_ ,-. 7ask7= Forfirier•teI ~ ~ ~ A ~ ~ Firm WSB WSB WSB WSB WSB WSB Title/Name Principal PM Sr. Eng. Proj. Eng. Technican Clerical Hourl Rate $60.00 $45.60 E42.00 E31.00 $27.00 $25.95 1 Preparation of Environmental Documents 7 2 2 50 46 20 $11,192.48 . Early Coordination (included in Task 3) $0.00 Agency Meetings (10 anticipated) 20 50 10 $8,630.63 Purpose and Need 32 $3,534.30 Allematives Analysis 32 $3,534.30 Noise Study 16 70 16 1 $10,854.17 Cultural Resource Investigation $0.00 Section 4 Evaluation 14 40 16 2 $6,079.57 Labor Subtotal $120.00 $1,732.80 $10,416.00 $2,666.00 $1,134.00 $596.85 $16,665.65 Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.3375 1.3375 Overhead Costs $16D.50 $2,317.62 $13,931.40 $3,565.78 $1,516.73 $798.29 $22,290.31 Labor plus Overhead $280.50 $4,050.42 $24,347.40 $6,231.78 $2,650.73 $1,395.14 $38,955:96 Fee% 12.5% 12.5% 12.5% 12.5% 12.5% 12.5% Fee $35.06 $506.30 $3,043.43 $778.97 $331.34 $174.39 $4,869.49 salary+Overhead+Fce $315.56 $4,556.72 $27,390.83 $7,010.75 .:: $2,982.07 $1,569.53 $43,825.45 I. Frm wsB wss wsB wse wse TitleMame Princpal PM Sr. Eng. Proj. Eng. Clerical Houry Rata $60.00 E45.50 E42.00 E37.00 E25.95 8.1 Pre are Desi n Re ort 4 20 20 2 $4,455.4 Labor Subtotal $0.00 $182.40 $840.00 $620.00 $51.90 $1,694.30 Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.3375 _ Overhead Costs $0.00 $243.96 $1,123.50 $829.25 $69.42 $2,266.13 __ Labor plus Overhead $0.00 $426.36 $1,963.50 $1,449.25 $121.32 _ $3,960.43 Fee% 12.5% 12.5% 12.5% 12.5% 12.5% _ Fee $0.00 $53.30 $245.44 $181.16 $15.16 $495.05 Salary+Overhead+Fce $0.00 $479.66 $2,208.94 $1,630.41 $136.48 .. _ $4,455.48 } a9 " _ , ..,. - u . . Firm WSB W38 WSB WSB LHB LHB Title/Name Principal PM Proj. Eng. Technician Schroeder Major Hourly Rafe $60.00 545.60 $31.00 E27.00 E57.20 E24.04 9.1 Prepare Final Layout 4 8 24 4 12 _ $4,201.64 9 2 Value Engineering Analysis 8 12 24 32 _ $6;929:75 9.3 Mn/DOT and Count A royal 2 4 8 16 $2,583.41 Labor Subtotal $600.00 $912.00 $1,240.00 $1,944.00 $228.80 $288.48 ~ $5,213.28 _ Overhead Rate 1.3375 1.3375 1.3375 1.3375 1.368 1.368 _ Overhead Costs $802.50 $1,219.80 $1,658.50 $2,600.10 $313.00 $394.64 $6,988.54 Labor plus Overhead $1,402.50 $2,131.80 $2,898.50 $4,544.10 $541.80 $683.12 $12,201.82 Fee% 12.5% 12.5% 12.5% 12.5% 11.5:/0 11.5% Fee $175.31 $266.48 $362.31 $568.01 $62.31 $78.56 $1,512.98 13 14 80 Salary+Over/rced+Fee $1,577.81 $2,398.28 $3,260.81 $5,112.11 $604.11 $761.68 ,7 . $ Page 3 of 5 CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road) Preliminary Design Study HOUR AND COMPENSATION ESTIMATE A/nvomhcr F ~n1(1 1 Firm Title/Name Hourl Rate WSB Principal E60.00 WSB PM E45.60 WSB Proj. Eng. E31.00 LHB Schroeder $57.20 LHB McJor E24.04 10.1 Pre are Cost Estimate 4 24 2 10 $3,372.93 Labor Subtotal $0.00 $182.40 $744.00 $114.40 $240.40 $1,281.20 Overhead Rate 1.3375 1.3375 1.3375 1.368 1.368 Overhead Costs $0.00 $243.96 $995.10 $156.50 $328.87 $1,724.43 Labor plus Overhead $0.00 $426.36 $1,739.10 $270.90 $569.27 $3,005.63 Fee% 12.5% 12.5% 12.5% 11.5% 11.5% Fee Salary+pverhawd+Fea $0.00 $0.00 $53.30 $479.66 $217.39 $1.956.49 $31.15 $302.05 $65.47 $634.73 $367.30 $3,372.93 FVm Title/Name Hourl Rate WSB, Princpal E6D.DD .WSB PM E45.60 ~~WSB Surv. Spee. E38.00 11.1 Official Ma 16 4 80 $10,577.66 Labor Subtotal $960.00 $182.40 $2,880.00 $4,022,40 Overhead Rate 1.3375 1.3375 1.3375 Overhead Costs $1,284.00 $243.96 $3,852.00 $5,379.96 Labor plus Overhead $2,244.00 $426.36 $6,732.00 $9,402.36 Fee % 12.5 % 12.5% 12.5% Fee Sa/ery+pverhead+Fee $280.50 $2,524.50 $53.30 $479.66 $841.50 $7,573.50 $1,175.30 $10,577.66 r ~, Flrm THIe/Name HouN Rate WSB Principal E60.00 WSB PM E45.60 WSB Technidan E27.00 WSB Clerical 525.95 12.1 Obtain Munici al Consent or A royal 8 12 8 $2,357.25 Labor Subtotal $0.00 $364.80 $324.00 $207.60 _ $896.40 Overhead Rate 1.3375 1.3375 1.3375 1.3375 Overhead Costs $0.00 $487.92 $433.35 $277.67 $1,198:94 Labor plus Overhead $0.00 $852.72 $757.35 $465.27 _ $2,095.34 Fee% __ 12.5% 12.5% 12.5% 12.5% __ _ Fee satery+overhead+Fee $O.OD $0.00 $106.59 $959.31 $94.67 $852.02 $60.66 $545.92 $261.92 $2.357.25 A Adtliflonal Ertort for EA Ap royal _ _ B Olympia Street Traffic Study V TH 55 South Fronta a Road Stud Salary+Overhead+Fee #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A .$35,889.10 LABOR SUBTOTAL $355,545.00 EXPENSES $14,455.00 BASE SCOPE TOTAL $370,000.00 Page 4 of 5 EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: The Traveler's Indemnity Company Type of Insurance: Commercial General Liability Coverage: General Aggregate Products-Comp/Ops Aggregate Personal & Advertising Injury Each Occurrence AUTOMOBILE LIABILITY Carrier: Type of Insurance: Coverage: $3,000,000 $3,000,000 $1,500,000 $1,500,000 The Traveler's Indemnit.~panY Hired Autos Non-Owned Autos Combined Single Limit WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY $1,500,000 Carrier: Hartford Insurance Company of the Midwest Coverage Statutor~pensation as Required by Minnesota Law Coverage B: Employer's Liability Minimum Each Accident $ 500,000 Minimum Disease-Policy Limit $ 500,000 Minimum Disease-Each Employee $ 500,000 PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: XL Specialty Insurance Company_ Coverage: $2,000,000 each claim/$4,000,000 annual aggregate Certificates of Insurance will be provided upon request. Exhibit F -Rate Schedule Page 7 of 7 Golden Valley ~..~ ~ ~~~ Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 "60 Days" Deadline: November 21, 2010 Agenda Item 4. A. Public Hearing -Preliminary Plat Approval -Pentel Addition - 941 and 1021 Angelo Drive Prepared By Joe Hogeboom, City Planner Summary Paula Pentel, owner of 941 Angelo Drive, and Warren and Kim Rottman, owners of 1021 Angelo Drive, are proposing to redraw the property line between the two properties. The purpose of the request is to correct the encroachment of a gazebo on 941 Angelo Drive. A similar minor subdivision request was granted to the applicants in July, 2002. However, the filing of the final plat did not occur. Minor subdivision approvals must be formally extended every six months with the City or else they expire. Consequently, the original 2002 approval has expired. The Planning Commission has unanimously recommended approval for this request. This action qualifies as a minor subdivision because the two properties are part of a recorded plat. In addition, the action will produce fewer than four lots and will not create need for public improvements. Seven specific criteria that govern minor subdivision requests are outlined, in their entirety, in the staff report to the Planning Commission, dated October 18, 2010. Attachment Location Map (1 page) Memo to Planning Commission dated October 18, 2010 (2 pages) Email from City Engineer Jeff Oliver dated October 4, 2010 (1 page) Photos of the property (2 pages, loose in agenda packet) Preliminary Plat (1 oversized page, loose in agenda packet) Recommended Action Motion to approve the Preliminary Plat for Pentel Addition, subject to the following conditions: 1. The City Engineer's email, dated October 4, 2010, shall become part of this approval. 2. The Preliminary Plat submitted by the applicants, dated September 9, 2010, shall become part of this approval. 1141 1140 1141 L140 5145 1s40 1141 Slat. 1130 1181 1130 1131 1130 i531 1L"i1J i31 . 11a9 o. 1121 €120 1125 C 11a1 15211 1121 ~ ~_ iiTO ~ ' 11011 ~ r 1100 TFIDTLAND RD _ _ _ } , ~ ~ 5221 1041 ` 1 5,040 5181 Slit 51151 LOAO 5305 ,y 5041 ~ ~~ 5wc~ney Lake ~. ~ ~ 1030 1031 /i` // f' '+ 1020 ~` ~,, ,~"`- la3o 1021. ~ .' 1025 'f 10211 1001 , ~ I f ~ ~ ~~ Subject Properties ,,:~~ 93i 930 ~ l\ 931 ~' / _`--_ ~ \. ~za ~ 911 I J' ~,. '~~ ,` 'ti Chicago Pond I 950 921 420 I ~~ ~~ !5121 920 ~1 901 ~.~ r' 900 820 ,! - ., f ~ }, .i Si0 Rdelinc: Nature Ariy~ 28 Schaper Pond 5~haper Rark ~:t~~a Golden Valley Planning 763-593-8095 / 763-593-8109 (fax) Date: October 18, 2010 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing on Minor Subdivision of Property at 941 and 1021 Angelo Drive -Paula Pentel and Warren &Kim Rottman, Applicants Summary of Request Paula Pentel, owner of 941 Angelo Drive, and Warren and Kim Rottman, owners of 1021 Angelo Drive, are proposing to redraw the property line between the two properties. The purpose of the request is to correct the encroachment of a gazebo. A similar minor subdivision request was granted to the applicants in July, 2002. However,. the filing of the final plat did not occur. Minor subdivision approvals must be formally extended every six months with the City or else they expire. Consequently, the original 2002 approval has expired. Qualification as a Minor Subdivision The proposed two lot subdivision qualifies as a minor subdivision because the properties are part of a recorded plat. In addition, this proposed subdivision will produce fewer than four lots and will not create need for public improvements (such as street construction.) The applicants have submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of the Minor Subdivision In addition to the Planning Department, the City Engineer and the Fire Chief have reviewed this request. The City Engineer has submitted an email dated October 4, 2010 regarding recommendations from the Public Works Department concerning this request. The City Engineer's email will become part of the recommended approval for this request. The Zoning Code requires that accessory structures, including gazebos, be located at least five feet from side yard property lines. With the newly proposed property line, Ms. Pentel's gazebo will exceed this requirement, extending to within approximately 5.15 feet from the new property line. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Both proposed lots will meet the requirements set forth by the R1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. There are already existing homes on the proposed lots. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. Sewer and water lines currently serve both homes. 4. Approval of the minor subdivision may require the granting of certain easements to the City. The final plat must show all necessary easements as required by the City Engineer. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunities to comment. In this case, no other agency has authority over this request. 6. The City may ask for review of title if requires by the City Attorney die to dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. No park dedication fee is recommended to be assessed to either property, as this request does not create any new lots for development. Recommended Action The Planning Department recommends approval of the minor subdivision with the conditions listed below: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's email, dated October 4, 2010, shall become part of this approval. 3. The Preliminary Plat submitted by the applicants, dated September 9, 2010, shall become part of this approval. Attachments: Location Map (1 page) Email from City Engineer Jeff Oliver dated October 4, 2010 (1 page) Photos of the property (2 pages) Preliminary Plat (1 oversized page) Wittman, Lisa From: Oliver, Jeff Sent: Monday, October 04, 2010 9:23 AM To: Grimes, Mark Cc: Clancy, Jeannine; Wittman, Lisa Subject: Pentel Addition Mark: We have reviewed the preliminary plat for the Pentel Addition. Our only comment is that the final plat must have easements on the property lines consistent with the subdivision ordinance. The front and back easements should be 10 feet wide, but the side lot lines should be five feet each side of the lines. This will keep the gazebo out of the easements. These are the same comments we had on the preliminary plat in 2002. Jeff Oliver, PE Golden Valley City Engineer 7800 Golden Valley Road Golden Valley, MN 55427 763.593.8034 763.593.3988 (fax) joliver(c~ci.golden-valley. mn. us ~,. '~± ~~`_. ,~~ .~~, ~~ ~ ~~~: . sR _ -37x'. 5~ a `- ' ~ _ .. ~. +n • ~ ~~/ ~ ~ ~~~ ~, ,:t +~ r. y ~ ~ ~'"~ :N , , r , ~ + '' ~ .• ;~; ~ ! ` •.a.. ~~f, .J •r , F, ~ .. ti ~" ~-, ~ ,.~ A ~ `l.~_ R is ~ ''.y i :! .., ~ ~ ~ ~ to `. r ~ ' ~ i t ,r l~ 1 .A • . V ~: ~. `~ '_'.. u~ ~,A ,~; ` ;.~`• i ~ieY ~.f 1 ~ .'t FF,~e• `~Rhk+ ~~ ~~~ tw ~~. t `~` a ~ . '-~~~ r ~; ~ ~ f, '~~ ik g ~ .z '~ r !k ~'~~ ~ ~ ~~ Y ~> ~r r.'~ k ~, ~, t ~ ~ ~~~, .fir. r ~ A4±" a;~~ '~ C ~~ , ~ (~ ;'r `WArN k r n ~ ~ ~' ~~ ~ ~ ... x,y. L~~~~ ~} tit •~r . a 2) ~,,yy G. 1r ~~ T+ A ~r ~ ~°~` a ~' ~ ` ;~ ~t. ~, ;,a 3 ~ e ~ ~ }9 $ " ~ . G: ~ ., ASS 3 ~ r .iy u ~ ~, k ~ ~ r ;'" ~`~ ~ ~ ,. W `fi`r` ~. ^~y ,~i ~ -r~ i ~ _ Ap~Y< .t } r~ R ,a J, ~~5~' i ; t~ `~' ~ 4`a ~~ ~ S~`1 ~ .' r ~; t +' ~.' ~ Tom' s` ~ k*. 4 ~•,e r T ~ r V r . _ .~,. i ~ ~ :~ }_ rt6= W ~. ~_ 'Golden a' galley ~ .;:, . a Fire Department 763-593-8079 / 763-593-8098 (fax) Executive Summary for Action. Golden Valley City Council Meeting November 16, 2010 Agenda Item 4. B. First Consideration -Ordinance #451 -Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On May 11, 2010, Governor Pawlenty signed into law, the Tobacco Modernization and Compliance Act of 2010, expanding laws related to the sale and use of tobacco products and related devices. The law was effective August 1, 2010. The new law includes modifying the definition of tobacco to include any tobacco product that can be ingested; prohibits selling tobacco products, rolling papers and pipes in open displays; prohibits minors from purchasing rolling papers; prohibits selling to a minor any product that contains or delivers nicotine or lobelia. This may also require licensing businesses that did not previously require licensing. This law requires amending City Code Section 6.34: Tobacco, to be in compliance with the Tobacco Modernization Act of 2010. Attachment Underline/Overstrike Version of Section 6:34 (3 pages) Ordinance #451 -Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco (4 pages) Recommended Action Motion to adopt on First Consideration, Ordinance #451, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco. Section 6.34: Tobacco Subdivision 1. Definitions For the purpose of this Section, the following terms have the meaning stated: A. Self Service Merchandising: means the open display of tobacco product where the public has access to the tobacco products without the intervention of an adult employee, and shall include the use of a vending machine. B. Tobacco Products: , ~, .means cigarettes and any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or in eq sted any other means, or any component part, or accessory of a tobacco product, including, but not limited to ears; cheroots• stogies• perique; aranulated,~pluq cut, crimp cut ready rubbed and other smoking tobacco; snuff; snuff flower Cavendish;~plug and twist tobacco• fine cut and other chewing tobaccos; shorts, refuse scrips, clippings cutting and swe~ings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any products that has been approved by the United States Food and Drua Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. C. Tobacco-Related Devices: means cigarette papers or pipes for smokina. Subdivision 2. License Required No person shall directly or indirectly, by coin or vending machine, or otherwise, keep for sale, sell or otherwise dispose of any tobacco products or tobacco-related devices at any place in the City unless they have obtained a license therefore as provided herein. Subdivision 3. License Facility Separate licenses shall be required for each place of business selling tobacco products or tobacco-related devices. No license shall be issued for a movable place of business. Subdivision 4. Display of License Every license issued under this Section shall be openly displayed in the place of business to which it has been issued. Subdivision 5. Prohibited Acts A. No person shall sell, give away or furnish any tobacco product or tobacco- related devices to any person under the age of eighteen (18). B. No person shall use self service merchandising for tobacco products or tobacco-related devices. Subdivision 6. Actions Required by Licensees A. Persons licensed under this Section shall be required to train all employees on the requirements of this Section. B. Checkout registers using computer scanners shall be programmed to remind seller to check identification of purchasers of tobacco products or tobacco- related devices, unless such a reminder is not available in said register program. C. Every licensee under this Section shall be responsible for the conduct of its employees while on the licensed premises and any violation of this Section by an employee shall be considered a violation of the licensee for purposes of imposing an administrative fine, license suspension or revocation. Subdivision 7. Violations A. Administrative Civil Penalties: Individuals. Any person who sells, gives away or furnishes any tobacco product or tobacco-related devices to a person under the age of 18 years is subject to an administrative penalty- ~-a-r~y . The Council shall impose an administrative penalty as-~e~+e~rtrs for violation of subdivision 5 of this Section as follows. 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have sold, given away or furnished tobacco product or tobacco-related devices to a person under the age of eighteen (18) years; t+~e. The licensee shall be subject to an administrative penalty a~-€eflew-s for violation of subdivision 5 of this Section as follows: 1. First violation. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed two hundred fifty dollars ($250). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed five hundred dollars ($500). C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee has received, notice (served personally or by mail) of the alleged violation, and an opportunity for a hearing before a person authorized by the licensing authori~ to conduct the hearing. A decision that a violation has occurred must be in writing. D. Defense. It is a defense to the charge of selling tobacco ~~or tobacco- related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Mate Minnesota Statutes section 340A.503, subdivision 6, E. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian ~iritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subdivision 12. Subdivision 8. Compliance Monitoring Periodically, but no less than once each calendar year, the City shall complete compliance checks of all licensees within the City. At the time of license application, applicant shall be made aware of this Subdivision. Violators of this Section may be checked more frequently than non-violators. The Department of Public Safety shall make an annual report to the Council on the compliance checks. Subdivision 9. Violation a Misdemeanor Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor for gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Source: Ordinance No. 15i, 2nd Series Effective Date: 11-14-96 ORDINANCE NO. 451, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Chapter 4, Section 6:34 entitled "Tobacco" is hereby repealed in its entirety. Section 2. City Code, Chapter 4, Section 6:34 is hereby amended by adding a new Section 6:34, entitled "Tobacco", reading as follows: Section 6.34: Tobacco Subdivision 1. Definitions For the purpose of this Section, the following terms have the meaning stated: A. Self Service Merchandising: means the open display of tobacco product where the public has access to the tobacco products without the intervention of an adult employee, and shall include the use of a vending machine. B. Tobacco Products: means cigarettes and any products containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flower; Cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scrips, clippings, cutting and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any products that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. C. Tobacco-Related Devices: means cigarette papers or pipes for smoking. Subdivision 2. License Required No person shall directly or indirectly, by coin or vending machine, or otherwise, keep for sale, sell or otherwise dispose of any tobacco products or tobacco-related devices at any place in the City unless they have obtained a license therefore as provided herein. Subdivision 3. License Facility Separate licenses shall be required for each place of business selling tobacco products or tobacco-related devices. No license shall be issued for a movable place of business. Subdivision 4. Display of License Every license issued under this Section shall be openly displayed in the place of business to which it has been issued. Subdivision 5. Prohibited Acts A. No person shall sell, give away or furnish any tobacco product or tobacco- related devices to any person under the age of eighteen (18). B. No person shall use self service merchandising for tobacco products or tobacco- related devices. Subdivision 6. Actions Required by Licensees A. Persons licensed under this Section shall be required to train all employees on the requirements of this Section. B. Checkout registers using computer scanners shall be programmed to remind seller to check identification of purchasers of tobacco products or tobacco- related devices, unless such a reminder is not available in said register program. C. Every licensee under this Section shall be responsible for the conduct of its employees while on the licensed premises and any violation of this Section by an employee shall be considered a violation of the licensee for purposes of imposing an administrative fine, license suspension or revocation. Subdivision 7. Violations A. Administrative Civil Penalties: Individuals. Any person who sells, gives away or furnishes any tobacco product or tobacco-related devices to a person under the age of 18 years is subject to an administrative penalty. The Council shall impose an administrative penalty for violation of subdivision 5 of this Section as follows. 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have sold, given away or furnished tobacco product or tobacco-related devices to a person under the age of eighteen (18) years._The licensee shall be subject to an administrative penalty for violation of subdivision 5 of this Section as follows: 1. First violation. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed two hundred fifty dollars ($250). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed five hundred dollars ($500). C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee has received, notice (served personally or by mail) of the alleged violation, and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. D. Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statutes section 340A.503, subdivision 6. E. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subdivision 12. Subdivision 8. Compliance Monitoring Periodically, but no less than once each calendar year, the City shall complete compliance checks of all licensees within the City. At the time of license application, applicant shall be made aware of this Subdivision. Violators of this Section may be checked more frequently than non-violators. The Department of Public Safety shall make an annual report to the Council on the compliance checks. Subdivision 9. Violation a Misdemeanor Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Section 3. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 5, Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this 7th day of December, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk Golden galley n B t .. Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 4. C. Public Hearing for: 2011 Pavement Management Program, Project 11-1 2012 Pavement Management Program, Project 12-1 Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary At its October 20, 2009 meeting, the City Council directed staff to prepare a feasibility report for the 2011 Pavement Management Program (PMP). The proposed project included rehabilitation of 2.3 miles of local streets. The City Council directed staff to split the initial project into two projects at its May 4, 2010 Council/Manager meeting. The resultant feasibility report for these projects includes rehabilitation of 1.2 miles of streets in 2011, and 1.1 miles of street in 2012. The streets included in each project are shown on the attached project location map. The feasibility report for these projects has been prepared by the consulting engineering firm of Short Elliott Hendrickson, Inc. and will be presented at the public hearing. The feasibility report outlines a project that includes reconstruction and overlays of the subject streets, replaces and repairs portions of the sanitary sewer and water systems, and includes storm drainage improvements throughout the project area. The estimated total project costs for each year are: 2011: Estimated Project Cost = $3,535,000 2012: Estimated Project Cost = $2,649,000 The estimated costs include all street rehabilitation, sanitary sewer and watermain repair and replacement, and storm sewer construction. An estimated 30% of the construction costs have been included for indirect project costs, which includes project design, staking, construction observation, administration, and legal expenses. The special assessment for the proposed projects $5,750 for each residential unit. The estimated special assessments are consistent with the City's Special Assessment Policy and do not include any assessments for optional assessments to properties for private driveway reconstruction or sanitary sewer service rehabilitation. The proposed financing for each of the two years is as follows: 2011 PMP Sewer and Water Reserve Fund $1,000,000 Storm Sewer Improvement Fund $ 600,000 Street Improvement Funds = $1,420,375 Special Assessments = $ 514,625 Total Project Cost = $3,535,000 2012 PMP $ 400,000 $ 650,000 $1,146,546 $ 453,454 $2,650,000 These financing sources are consistent with the City's 2010-2014 Capital Improvement Program. Following authorization of the 2011 and 2012 Pavement Management Projects, the anticipated project schedule is as follows: Open Bids 2011 PMP Award Contract 2011 PMP Special Assessment Hearing 2011/2012 PMP Begin Construction 2011 PMP Project Completion 2011 PMP Open Bids 2012 PMP Begin Construction 2012 Project Completion 2012 Attachments January 31, 2011 February 15, 2011 February 15, 2011 Spring 2011 Fall 2011 January 2012 PMP Spring 2012 PMP Fall 2012 Project Location Map (1 page) Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids for City Project No. 11-1, 2011 Pavement Management Program (1 page) Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids for City Project No. 12-1, 2012 Pavement Management Program (1 page) Feasibility Report - 2011 & 2012 Pavement Management Program submitted by SEH, dated August 26, 2010 (loose in agenda packet) Recommended Action 1. Hold the Public Hearings for City Improvement Projects 11-1 and 12-1. 2. Motion to adopt Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids for City Project No. 11-1, 2011 Pavement Management Program. 3. Motion to adopt Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids for City Project No. 12-1, 2012 Pavement Management Program. g ~ ~ ~~ ~ ~ ~ ~~. - _ _ __ _ -_____ =:~ Qo~ .~~ a ~ _ ~~ J 7c ~~ g~ i IL,I I r~ J ~ C_ z C ~ ~ ~r ~~ a ~~.,, ~ . IAN 2yR~ I I 41x : ~ . ~ FRONTAGE, RD '_ I Fy r r~~ I ~: I uI R ~., ~ I ~ ~~ ~~ .~. ~~' . m I m 1 z LARMU 4 ERgp ' -{ ~+o~apa~'~r cG4~ I rosRNi~ T ~1 ~ L~7 e '~ >r p ~~ .• ~ ~ ~ 0 a ~ ~~~ ~~ =W z ~a \~ M~ VE GL E~IVJO AVE i i u N cORITq .I'O ~ a ~ ~ /1._ R' CORt'~A}NN Cpl ~" ~. ~ I ~ .- ~~ ~ r ~ ''! ,~ ~ o'er----~ ~ .~ r :..h L,a.l ,,:I ~ - ~I~ [ ~ j I ,~ I ~ ~ ~ . ~~ ~~ i ~ LMN~(N -. YE ~ Z/ ~Z_ffr/ ~~ ~ ~-'~ I II ~ ~J~ l.-/ c V ( ~ ~~J.~ .. I` J a i _ .~ Proposed Areas _ ~ LE\ ~ o ~ 2011 (1.2 miles) ;' ~ [,~ z 2012 (1.1 miles) t' - _~_,____- - LNAY]J~TA PL\~D 0 U £TRAYJB[RR'i E4 ~.~ Resolution 10-68 November 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT NO. 11-1 2011 PAVEMENT MANAGEMENT PROGRAM BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: That a public hearing held on this day at 7:00 pm, at the address of 7800 Golden Valley Road in the City of Golden Valley, Minnesota, after notice of said hearing duly published as required by law, this Council has consulted the view of all persons interested, and, being fully advised of the pertinent facts, does hereby determine to proceed with the construction of certain proposed public improvements for the said City, in accordance with the description of said improvements contained in said notice. 2. It is hereby found and determined that Public Improvements Project 11-1 is feasible and can best be constructed as set forth in said report and not in connection with some other improvements. (The Council reserves the right to consolidate said improvements with other public improvements if it seems advisable to do so.) It is further found that the improvements are effective and necessary. 3. The cost of said improvements shall be paid in part out of special assessment to be levied as set forth in said notice of public hearing. 4. The City Engineer is hereby designated as engineer for the proposed public improvements, and is hereby authorized, ordered and instructed to prepare final plans and specifications for said improvements and obtain proposals for the same in accordance with said report except as modified at the Public Hearing. 5. That the City Clerk shall prepare an Advertisement for Bids for making such improvements. The advertisement shall be published as required by statute, shall specify work to be done and shall state the time and place that the bids shall be opened and considered by the City Engineer and City Clerk, and that no bids will be considered unless sealed and filed with the Clerk. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 10-69 November 16, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT NO. 12-1 2012 PAVEMENT MANAGEMENT PROGRAM BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: That a public hearing held on this day at 7:00 pm, at the address of 7800 Golden Valley Road in the Gity of Golden Valley, Minnesota, after notice of said hearing duly published as required by law, this Council has consulted the view of all persons interested, and, being fully advised of the pertinent facts, does hereby determine to proceed with the construction of certain proposed public improvements for the said City, in accordance with the description of said improvements contained in said notice. 2. It is hereby found and determined that Public Improvements Project 12-1 is feasible and can best be constructed as set forth in said report and not in connection with some other improvements. (The Council reserves the right to consolidate said improvements with other public improvements if it seems advisable to do so.) It is further found that the improvements are effective and necessary. 3. The cost of said improvements shall be paid in part out of special assessment to be levied as set forth in said notice of public hearing. 4. The City Engineer is hereby designated as engineer for the proposed public improvements, and is hereby authorized, ordered and instructed to prepare final plans and specifications for said improvements and obtain proposals for the same in accordance with said report except as modified at the Public Hearing. 5. That the City Clerk shall prepare an Advertisement for Bids for making such improvements. The advertisement shall be published as required by statute, shall specify work to be done and shall state the time and place that the bids shall be opened and considered by the City Engineer and City Clerk, and that no bids will be considered unless sealed and filed with the Clerk. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. ~1t1~ ut` o en a e ~pOUCf~Y Public Safety fi s~err ~ 1 0 Police Department 763-593-8079 / 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 5. A. Second Consideration -Ordinance #450 - Adding a New Section 2.22: Domestic Partnership Registration Prepared By Stacy Altonen, Chief of Police Summary At the September 16, 2010 Human Rights Commission meeting Commissioners were given a draft domestic partnership registration ordinance to consider. Commissioners were requested to provide feedback to City Council on whether a domestic partnership ordinance should be adopted and, if so, whether the draft language should be revised or adopted as presented. At the October 7, 2010 Human Rights Commission meeting Commissioners discussed the draft ordinance and unanimously agreed that the ordinance should be sent to the City Council for adoption as written. The ordinance does reflect the change requested at the Council/Manager meeting of October 12, 2010. The City Council approved the ordinance on its first consideration on November 3, 2010. Staff is proposing that if the ordinance is adopted it would be effective on January 2, 2011. The fees will be included in the Master Fee Schedule which will be considered at the November 16, 2010 Council Meeting. Staff is working on the registration form which will be in place when first registrations could occur on January 2. Attachments Ordinance #450, Adding a New Section 2.22: Domestic Partnership Registration (2 pages) Recommended Action Motion to adopt on Second Consideration, Ordinance #450, Adding a New Section 2.22: Domestic Partnership Registration. ORDINANCE NO. 450, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding a New Section 2.22: Domestic Partnership Registration The City Council of the City of Golden Valley ordains as follows: Section 1. City Code Section 2 is hereby amended by adding a new Section 2.22, entitled "Domestic Partnership Registration" as follows: Section 2.22: Domestic Partnership Registration Subdivision 1. Purpose The Golden Valley City Council recognizes that the concept of familial relationships may extend beyond traditional marital and blood relationships. This expanded concept recognizes the relationship of two (2) non-married but committed adult partners. In order to provide such persons the opportunity to declare themselves as domestic partners, thus enabling employers to voluntarily provide equal treatment in employment benefits for such partners and their dependents, the City Council hereby enacts a Domestic Partner Registry. Subdivision 2. Definitions A. Domestic Partners. For the purpose of this Section, Domestic Partners are two (2) adults who: 1. Are both at least eighteen (18) years of age; 2. Are not related by blood closer than permitted under marriage laws of the state; 3. Are competent to enter into a contract; 4. Are jointly responsible for the necessities of life; 5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities, or, are married under another state or foreign jurisdiction not operational in Minnesota under Minnesota Statute 517.03 (1)(b); 6. Have no other domestic partner with whom the household is shared, or with whom the adult person has another domestic partnership or a spouse regardless of household status; and 7. Reside in Golden Valley. B. Domestic Partnership shall include: 1. Any domestic partnership currently registered with a government body pursuant to state, local or other law authorizing such registration, or 2. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. Subdivision 3. Registration and Termination of Domestic Partnerships A. Application Form. The City will provide an application form, which Domestic Partner applicants will submit to the City Clerk indicating that they meet the definition of domestic partners as set forth in this Section. Forms will also be provided for subsequent amendments and termination of domestic partnership status. B. Registration Certificate. The City Clerk shall keep a record of each domestic partner certification as well as amendments thereto and termination thereof. Certificates will be provided and records maintained in keeping with provisions of the Minnesota Government Data Practices Act. Such certificates may be used as evidence of the existence or termination of a domestic partnership. C. Termination of Domestic Partnership. Domestic Partnership registration terminates when the earliest of the following occurs: 1. One (1) of the partners dies; or 2. Forty-five (45) days after one (1) partner sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership and files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. D. Homestead Designation. The City will follow eligibility for the designation of property as a homestead as set forth in State Statutes. E. Fees. Fees shall be set forth in the City's Fee Ordinance for applications for Certification, amendments to an application, notice of termination or providing certified copies of any of these documents. Section 2. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 2, Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance will be effective on and after January 2, 2011 upon passage and publication in accordance with law. Adopted by the City Council this 16th day of November, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk 'Golden galley B ~ 4 Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 6. A. Appeal of Right-of-Way Management Permit Denial: 4846 Glenwood Avenue Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary In September 2010, Public Works staff became aware of a violation of Chapter 7, Right-of- Way Management, of Golden Valley City Code, at 4846 Glenwood Avenue (see location map). The violation consisted of the installation of a boulder retaining wall immediately adjacent to the Lilac Drive frontage road at the subject address. Public Works staff notified the property owner of the violation, directed that aRight-of-Way Obstruction Permit be obtained, and informed the property owner that the boulder retaining wall would need to be relocated to a point 5 feet away from the paved street as part of the permit requirements. The property owner applied for the required Right-of-Way permit, but did not include plans to relocate the retaining wall. City staff subsequently denied the permit application as submitted and indicated that the permit would be granted following resubmittal with the relocated wall. In his October 29, 2010 letter to City Manager Tom Burt, attached for reference, Mr. Darren Schwiebert requests an appeal to the City Council, as outlined in the Right-of-Way Management Ordinance. His letter outlines three issues upon which this appeal is based. These issues, which will be addressed separately below, include the presence of public right- of-way across the subject property, the applicability of City Code, and safety. 1. Presence of Right-of-Way Mr. Schwiebert has asserted that there is no public right-of-way across the property at 4846 Glenwood Avenue. However, the Hennepin County quarter section maps maintained by the Hennepin County Land Surveyor, indicate the presence of right-of-way, with Document 3524866 shown on the maps. This document indicates that the Minnesota Department of Transportation (MnDOT) acquired right-of-way from several properties for the Trunk Highway 100 and Glenwood Avenue interchange in 1965 through eminent domain. The City Attorney has reviewed this document and the applicable County mapping and has indicated that MnDOT has right-of-way across the property at 4846 Glenwood Avenue as shown on the County quarter section maps. A copy of the November 5, 2010 letter from the City Attorney is attached to this memo for reference. 2. Applicability of City Code !n 1997, the City of Golden Valley adopted aRight-of-Way Management Ordinance to ensure the integrity of the street system, manage the appropriate use of its public rights- of-way, keep the street system in good repair and free from unnecessary encumbrances. This ordinance includes permitting authority for excavations, installation of above and below ground utilities, and placement of obstructions within the rights-of-way. Golden Valley City Code, Section 7.02. Definitions, includes the following definition of Public Right-of-Way: "Public Right-of-Way" means that area on, below, or above any real property in which the City has an interest. Agreement No. 66195 between MnDOT and the City of Golden Valley, dated September 5, 1989, includes assignment of maintenance of several frontage roads to the City of Golden Valley, including: North East Glenwood Frontage Road-from Ottawa Avenue North to the American Legion Club. This maintenance agreement includes full maintenance responsibility to the City including future rehabilitation of the pavement and snow removal. Furthermore, the agreement includes a release and conveyance of the frontage road to the City from MnDOT, including title to all rights-of-way for the roadway sections contained in the agreement. MnDOT has indicated that this conveyance will occur in Golden Valley within the next two years along Trunk Highway 100. Staff has discussed this permitting issue with the MnDOT Survey and Permitting departments. MnDOT staff has indicated that the City is within its rights to require permits on the frontage roads within the community, including the subject frontage road. In addition, MnDOT has indicated that it may exercise its existing authority on this frontage road and require a permit for the placement of the obstruction. 3. Safety Since the adoption of the Right-of-Way Management Ordinance, City staff has consistently required that permanent obstructions within the street rights-of-way be placed a safe distance behind the curb or edge of roadway. In order to provide clearance for snow removal activities and equipment, a separation of 5 feet has been established as a standard. However, in some instances where concrete curb and gutter is present and conditions restrict the 5 feet of separation, a clearance of 2 to 3 feet has been permitted. A map titled Obstructions Placed Behind Curb in Street Right-of-Way Since 2000 is attached to this memo for reference. This map includes the location of 17 permanent obstructions that are a result of violation enforcement, or permitted obstructions where the plans were modified to meet the separation standards of the City. This map does not include permits for obstructions that were in compliance with the separation standard when the application was submitted. The primary purpose of maintaining the 5-foot separation is the safety of snow removal staff and the risk of damage to equipment. Snow removal activities typically occur at night in low light conditions, and blowing snow from plows and wind frequently occur. In these conditions, it is often difficult for plow drivers to identify and avoid obstructions adjacent to the street, therefore the risk of hitting permanent obstructions is high. This can and does result in significant damage to snow removal equipment and potential injury to equipment operators. The Schwieberts have indicated that the boulder retaining wall was installed to prevent vehicles on the frontage road from taking U-turns across the lawn adjacent to their driveway. In particular, they are concerned when these turns occur while their children are walking on the roadway when going to and from school. While there appears to be evidence of U-turns occurring, the frequency of these turns is not known. The subject portion of the Lilac Drive frontage road provides access to the home at 4846 Glenwood, a small office building, the American Legion, and a small student parking lot for Breck School. While traffic volumes are not available for the frontage road, the majority of the trips are associated with the Legion, and these trips typically occur at different times than school pedestrians would likely be present. Therefore, it is likely that any U-turns are being performed by vehicles intending to turn onto the TH 100 ramp, which is located immediately to the west of Lilac Drive. However, as discussed above, the frequency of this occurring is unknown, in part due to the issue not being identified to City staff in the past. The City established its Neighborhood Traffic Safety Committee (NTSC), which consists of staff members from the Police, Communication and Public Works Departments, as well as the City's consulting traffic engineer, to address issues such as the Schwieberts' concern. Once a traffic issue is brought to the attention of the NTSC, the issue is studied to determine the extent of the issue and identify potential remedies. These solutions may include additional traffic control signing, education or traffic enforcement. Summary Based upon the information contained in this Executive Summary, the City has authority to manage the right-of-way for Lilac Drive north of Glenwood Avenue and east of Trunk Highway 100. The City has maintained a standard separation between a traveled street and permanent obstructions of 5 feet since the adoption of the Right-of-Way Management Ordinance. This standard is based upon the safety of the traveling public and snow removal and maintenance personnel. The boulder retaining wall installed at 4846 Glenwood Avenue is in violation of the Right-of-Way Management Ordinance and the relocation of the obstruction to a point 5 feet from the pavement is a reasonable condition of the permit. In addition, the NTSC has been established to address traffic safety issues throughout the community. The safety concerns at 4846 Glenwood Avenue have not been brought to the attention of the NTSC, and no studies have been undertaken to determine if resolutions are available that do not present safety issues to motorists or maintenance staff. Attachments Location Map (1 page) Letter to Darren and Jennifer Schweibert from Jeff Oliver, City Engineer, dated October 22, 2010 (3 pages) Letter to Tom Burt, City Manager, from Darren Schweibert, dated October 29, 2010 (22 pages) Letter to Jeff Oliver, City Engineer, from Allen Barnard, City Attorney, dated November 5, 2010 (2 pages) Map entitled "Obstructions Placed Behind Curb in Street Right-of-Way Since 2000" (1 page, loose in agenda packet) Recommended Action Motion to approve the Right-of-Way Obstruction Permit for Mr. Darren Schwiebert at 4846 Glenwood Avenue with the condition that the boulder retaining wall be relocated to a point 5 feet from the edge of the paved edge of the traveled roadway; and to forward the pedestrian safety issues raised by the Schwieberts to the City's Neighborhood Traffic Safety Committee. ~~'..-j ' ,' ~ ~\ ~ ~ .. y tt ~i e ` '+ ^J «y~1f _ ': VON`©~Y~. 1. .. ___.... ,.,_.._... ~ ~' f~ ~ ~~a mil/' ~ _~1/~~ ~~-J . ~l / ~/ ~• ~^ ,, -'' ~ a-° ,rte _~ +. 111 4 `; ~ ~ ~,~._ %i ~ . ~. ~c j ; ~± ~.. ; ..l ~ I ~ _ J `~ ~ . ~ y°° _. 4.. S. ~' ~ _ i ,. _.~ i1 _ ~ ~ Y - Li t~ c - r , ~ ~ . ~ ~ 4846 r,r -----~-~-.. ~o ~ R d„~ ` ~ - - ._,..~.__ _ ~ C % ~__ _ L=6~ -- .~ _ __. ~i. ~~ `t -- -- ------- - _. ~ __._ _ ._Countj~; Rr~ ~ti E E4 p ~3 '. 1~ )~ '`~ i ~ ~ ~~ ~ _..````-~ ~ _ ~ x~ ~, F ~, _ ~, ._r- ~1 ~ f C1r.___-- ~^ ~~ ~ -- _._ ~ -.--~..-- - . _ _.~yy~# UA~f .: _ ~ . Turn 100 __ _._._ ~. __ I` ~+-i~- _ [_ ~~~ke Rd ``~ ~ - ~' 4 c ih' nr Q O ( ~ ~/ 11 e/ 4846 Glenwood Avenue Print Date: 11/8/2010 Sources: Hennepin County Surveyors Office for Property Lines (2010). City of Golden Valley for all other layers. G 200 40C 800 Feet ~Zi ~~~' t ~ ~~ rv~v~.cigol~r'e~T-v~lle~%r~r>z.r~s ~ October 22, 2010 ~ -"~ Y ~, ~., ~ f ~ ~; ~. ..~ , ~, ~ . c;ry Hall Darren and Jennifer Schwiebert 7800 Golden Valley Road Golden Valley, MN 55427-4583 4846 Glenwood Avenue 763-593-5000 Golden Valley, MN 55422 763-593-8109 (fax) 76s-593-3~6s cr7~Y) Subject: , ,Violation of Chapter 7, Golden Valley City Code Alavor a,1d Councir Right-of-Way Management 763J593-800(, Dear Mr. and Mrs. Schwiebert: City Manager 763-593-800? Public Works staff has reviewed your application and supporting material, Public safety for an obstruction within the. public right-of-way in front of your home. Police: 763-593-8079 Based upon this review, staff is denying your permit application and Fire: 763-593-8079 returning your application fee. 763--593-8098 (fae) Public Works The supporting material you included with your application included a copy 763-593-8030 of Hennepin County Document Number 3524866, which was recorded in 763-593-3988 (fax) 1965. You indicate that this document fails to demonstrate that there is public right-of-way on the south end of your property. The first paragraph Inspecrions 9 on Page 2 of the subject document identifies the document as a 3-sox, 7c3-5 763-593-3997 (fax) certification that the property legally described was acquired by the State of Minnesota via eminent domain for highway purposes. Therefore, there Motor Vehicle Lieen~:ng on the south end of your property and is clearly public right-of--way present 763-593-s1o1 . the frontage road is located within that right-of-way. Planning and Zoning 763-593-so9s Golden Valley City Code, Section 7.02. Definitions. Includes the following definition of public right of way: Finance 763-593-so13 l1 "Public Right-of-Way"means that area on, below, or above any Assessing real property in which the City has an interest. 763-593-8020 The City of Golden Valley is responsible, under agreement with the Park a,id Recreation Minnesota Department of Transportation, for the maintenance of the ?00 13rookvie~a~ I'ark~~-ay c~,lae» van~y, 1\IN 5,426-1364 Glenwood Avenue/Lilac Drive frontage road adjacent to your home. 763-512-2345 Therefore, the City clearly has an interest in this right-of-way, and 7c3->12-2344 cfax) activities within the right-of-way are subject to Golden Valley City Code. 763-593-3968 (TTl') G:\ROW MGMTCorres\Residents\Violations\Obstructions\4846 Glenwood-2.docx ,.. In addition, Section 7.08. Permit Required of Golden Valley City Code states: Except as otherwise provided in this Code no person may obstrucf, construct retaining walls or landscaping pave driveways or parking stalls plant trees or shrubs place courtesy benches, install irrigation conduits wires or other objects or excavate any right-of- waywithout first having obtained aright-of-way permit from the Director to do so. The right-of-way permit is valid only for the work, excavation or obstruction and specific duration included in the permit. The definition of an obstruction is also discussed in Section 7.02. Definitions as follows: x. "Obstruct" means to place any tangible object in the right-of-way so as to hinder free and open passage over that or any other part of the right-of-way. Additionally, Section 7.10 Issuance of Permit Conditions. Subdivision 2 states: Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health safety and welfare of fhe public or when necessary to protect the right-of-way and its current use. Based upon the above portions of City Code, the City of Golden Valley has determined that the rock retaining walls/landscaping that has been installed adjacent to your driveway is in violation of the Right-of-Way Management Ordinance. As discussed in our September 24, 2010 letter to you, the landscaping may be installed in the public right-of-way if an obstruction permit is obtained. As we discussed on several occasions, the City will impose a "reasonable condition" on your permit of a minimum of 5 feet of separation from the edge of the street pavement to the south face of the landscaping rocks, if and when a permit is applied for and granted. Therefore, in order to be in compliance with City Code, you must resubmit your application for an obstruction in the public right-of-way with a plan showing the face of the landscaping rocks a minimum of 5 feet from. the G:\ROW MGMllCorres\Residents\Violations\Obstructions\4846 Glenwood-2.docx edge of the pavement. This permit application must be received by 12 Noon on Friday, October 29 2010. Upon issuance of a permit you must have the landscaping materials relocated in accordance with the permit no later than 4:30 pm on Friday, November 5, 2090. Failure to comply with the above schedule will result in the City of Golden Valley taking action to remove the landscape boulders to a location 5 feet north of the edge of the street pavement and billing the costs of these efforts to you. Failure to pay the costs will result in a special assessment to your property. In addition, this matter will be forwarded to the City's legal counsel for appropriate action. Sincerely, L`~ Je Oliver, PE City Engineer Enclosures C: Allen Barnard, City Attorney Tom Burt, City Manager Jeannine Clancy, Director of Public Works Bert Tracy, Maintenance Manager Chuck Perkins, Street Supervisor Mitch Hoeft, EIT, Engineer G:\ROW MGMT\Corres\Residents\Violations\Obstructions\4846 Glenwood-2.docx October 29, 2010 Tom Burt City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: 4846 Glenwood Avenue Permit Application Dear Mr. Burt: Pursuant to Section 7.29 of the City Code, we submit this written request that the City Council review the October 22, 2010 decision by Jeff Oliver denying our permit application, to the extent necessary, for the rock boulders already installed on the property as an obstruction to the City's alleged public right-of- way. We request a hearing on this matter during the November 16, 2010 City Council meeting (or thereafter based upon the availability for hearing). We will both be out of the country on business for the November 3, 2010 City Council Meeting and, therefore, unavailable for hearing at that time. The basis for our permit application, to the extent necessary, was set forth in a narrative and color photographs attached as an exhibit to the permit application. We presume the City has the application, but have also attached a black and white copy. As outlined in the application, there are two primary issues: (1) whether the City of Golden Valley has established the existence of a public right-of-way, such that a permit is necessary; and (2) assuming the City of Golden Valley has established the existence of a public right-of-way, whether the safety interests of our children and the hazardous traffic condition outweigh the asserted interest in snow plow drivers leaving the street pavement and running into the boulders. The letter dated October 22, 2010 from Mr. Oliver only addresses the first issue. Simply stated, we believe that Mr. Oliver incorrectly concluded that Document Number 3524866, the only document identified by the City as creating the public right-of-way, applies to our property. Moreover, Mr. Oliver's letter fails to dispute the existence of a safety risk to our children or the existence of a hazardous driving location based upon established conduct by automobile drivers turning through the property to make a U-turn. These risks are minimized by the boulders as already installed. Conversely, moving the boulders 5 feet from the street pavement will substantially increase these risks. The risks should easily outweigh the Tom Burt October 29, 2010 Page 2 asserted interest in snow plow drivers leaving .the street pavement and running into the boulders. Additionally, Mr. Oliver has failed to dispute that any potential risk to snow plow drivers can by minimized by installation of posts with reflective tape, which we have offered as a condition of the permit. In fact, the posts with reflective tape have already been purchased and are available for immediate installation. Finally, the letter from Mr. Oliver denying our permit application dated October 22, 2010 (that we received on October 26, 2010) purports to require us to resubmit a permit application by noon on October 29, 2010. The letter threatens that "[fJailure to comply with the above schedule will result in the City of Golden Valley taking action to remove the landscape boulders to a location 5 feet north of the edge of the street pavement and billing the costs of these efforts to you." We view the submission of this written request for review by the City Council pursuant to Section 7.29 of the City Code as staying any such action by the City as outlined in Mr. Oliver's letter. Further, we do not consent to any entry onto our property by the City for the purpose of removing or moving the boulders while this matter is pending. If the City Council disagrees with this contention, please provide immediate notice. Respectfully Submitted, Darren & Jennifer Schwiebert 4846 Glenwood Ave Golden Valley, MN 55422 Public Works De artment 14'" P 17800 Golden Valley Road, Golden Valley, MN 55427-4588 ; ~ "•~ 763 593-8030 ~ 763-593 3988 (fax) ~ TTY: 763.593-3968 I www.ci.golden-valley.mn.~as o~ ~~~Ih PERMIT /APPLICATION. .. ~ ~ ~~ _ LOCATION OF WORK/A13DRf:5S' , , . _ ,.: - APPLICANT/CONTRACT QR CONTACT P~RSO:N `` ryy ~r~ ADDRESS ~18~ (;~c.yccc~ ~vE CITY ~.ow~-~AwFr-! STATE hKN ZIP ~''!"~ 24-HOUR PHONE ('1Z5e~60o8 WORK PHONE CELL/PAGER FAX E-MAIL bt2•~ , ~'cr~ btZ Sot ~o~ PROPERTY OWNER (if different than above) CONTACT PERSON ADDRESS CITY STATE ZIP 24-HOUR PHONE WORK PHONE CELL/PAGER FAX E-MAIL START DATE END DATE (includes full D Excavation O Temporary Obstruction APPLICANT'S PROJECT # restoration) ~~`~Q ~permarient Obstruction O Joint Application • _ O Berme ' O Drafn Tile O Inflow 8~lnfiltra4onewer O Private Utilities ~ D Sump Drain Cgnnection D City Project D Driveways Repair. D Retaining Wall D Trailer, Equipment Construction D Dumpster, Container, POD O Irrigation D Sanitary Sewer O Water Main D Crane O~Fences (above ground) ,Landscaping D Sidewalk D Other: D Culvert O Fences{buried, invisible) O,Parking.Lot D Storm Sewer .., . D Bused Cable O Main O Abandon in Place l7 Bituminous O Bituminous D Cable TV O Overhead Utility D. Cut=Off D Concrete D Concrete D Carrier Conduit D Power Pole O N.ew D Dirt G] Dirt D Electric D Service D Remove D Gravel D Gravel O Fiber Optic O Sewer Liner D Repair O Trees/Shrubs ~ Trees/Shrubs O Nigh Pressure Gas D Telecommunications D Replacement D Turf D Turf . D Low Pressure Gas O Other. ~Other.~ a'~+~. D Other:. D Other. s ~~ Number of,0 O Au$ering per~ings: l7 Directional Bore O Jacking D Pneumagopher Total Lineal Feet:. - O .Core Drill D 1=land, (dig ' O~~pen Trench Q $p~{ee Pit - Length:, Width: _ O Dir®ct Bury O Hole O Plpw O Other. Depth: $i0o per blvd opening. $tgo per paved opening $loo per obstruction ~ioo per driveway continued ort reverse b Staff L! a only t. All warning devices and barricades shall conform of the MMUTCD (Minnesota Manual on Uniform detour is placed. to the Minnesota Manual on Uniform Traffic Traffic Control Devices). b. 6xcayation shall be cribbed, sheeted, and/or Control`Dewces) 4. Allwarning.dewcessnd barricades and safety fenced when necessary, or as required'by ttse City 2: Ai{ warning devices barricades flagmen and', vests shall 6e,kept clean and in good repair at all. of Golden Valley: equipment siialf be providedby parties or'orgajii•'_ ` times. T• Inclement weather shall be reason for dal~y of zation s performing the work 5. Advance warni of detours, a roved b the ^g PP Y 'the o act star# or sus ensign of the,' io act as Pr j P . P .1 3. All warning devices and barricades shall be placed "~ Golden Valley Rirector~of Public.Works,~hall'be ~, " ( ,.determined by the City Pf Golden Vallejo according to provisions in the most recent edition posted no less than five working days before the t. Permit on Job: Permits or copies shall be kept on _-. __ _ _ shall be provided by the permittee at their own 13• Liner or Casing Piper Shall be required for instal- - , the'sRe of the work while it is in progress iri the ;cost . „ ~ lations exceeding 4 inches in diameter...:. ;; custody of the~individsial in charge and shah be exhibited'u on re uest made b an Cit fficial 5, Conformity to Laws: The installation shall be • t4. Pressuro Grouting: Si,e{I lie required as desig• p q y y y o . made in conformity with all applicable laws, Hated by Golden Valley Public Works. 2. Provisions and SpedRestions: These general regulations, and codes covering said in$tallationa. tg. Drsinag~s All waterways and,:hnes ofdraji~gg provisions and specifications shall be considered All installations shall be made in conformity with shall remain operative. as forming an integral part of each and every per- regulations of.governmental agencies for the ancfs'or$ Braces t6 Dole Aneho-ss No pole anchors mit issued for operations on city roads. The work authorized by this permit shall be done at such protection of the public. , . , , or ptFier construction shall be placed on right-of• time'&nd In such manner as shall be consistent 6. Romoval: if at any time the permitted structure or facility shall fall from any cause whatsoever, way except by permit authorization. with the safety of the public and shall conform the permittee shall have the same removed or 17• Driving Limitations: It is prohibited to drive onto to all requirements and standards of the City of repaired within 48 hours after receipt of written roadway from ditch or on shoulders or over curbs Golden Valley as herein specified. If at any time it notice to do so, unless by reason of some extraor- where damage will occur. shall be found by the City of Golden Valley that the work is not being or has not been roperl dinary happening the City of Golden Valley may 18. Lugs en Equipments No lugs shall be used on p y performed, the permittee, upon being nofified, extend such time limits. equipment traversing road, which will damage the road surface shall immediately take the necessary steps, at 7• Ezislina Facilities: Applicant must protect all . their own expense, to place the work in gondition existing installations. t9• Clean-up: Street surface and roadsiife shall be to conform to said requirements or standards. 8. Drivate Prppeity: The Permit es i3sued~doeS'not~ ~ ~ • ~ kept clean, neat, and presentable throughout construction as determined by Golden Valley g; .. Annalmatst: in the event of willful failure or in an wa sm I an easement on r:vate ro y y p y ? p -PertX public Works. ' ' neglect,by said permittee or their employees to performand comply with the prescribed condi- 9. Damage tp (tgadivayi If pavement or roadway is damaged, same shall be restored to its original '- zo. Dust Control/St-et Sweeping: Shall be provil- tions, restrictions, and regulations, Golden Valley or better condition, at the sole expense of the ed, at no cost to the City, upon request of Golden Valley Public Works Public Works may revoke and annul this permit permittee, according to the specifications and . and order said permit#ee to remove any and all directions of the City of Golden'Valley. 2t. Tress and Vegetation: Burning or disking opera- structures or property belonging to said permit- to. Quality of Work: Finished surface rasa, and sub- lions and/or the use of chemicals to control or kill tee from the legal limits of the highway or City , base of road upon completion of work shall be trees, brush, and other vegetation is prohibited property. In the event the permittee leaves the equal to or better than specifleatlolis for original without advance approval from the City. itighway in a condition naedirag repair or construe-. road.' -" ' ' 22: Restoration: Itshelf be further understood that lion, the Golden Valley Public Works may repair such highway and the costs of such repair or tt. Cutting Trees: The permission herein.granted the permittee will be responsible for maintenance of any failures due to settlement erosion lack of construction shall be paid. by the permittee. does not confer upon the permittee the right to wt, remove, or destroy trees or shrubbery , , vegetation growth, rutting, or otherjob-related d. Executtora The permittee shall use diligence in within the legal limits of the roadway or relieve problems for three years after completion of prpj- the execution of the work authorized under this permittee from obtaining any consent otherwise act and Notice of Cpmpletlon of work has begin permit in order not to endanger or unnecessarily required from the owner of the property adjacent received by the City of Golden Valley. obstructtravel along the said roadway. Qpera- ti h ll b du a thereto. , • , - ~ z3• ManRoless AA manholes, shut-off valvg,cover;, etc, ons s a e so con cted at ll times as to er- P mit safe and reasonabl free travel over the roads tz. Bori or Jaclci Installation f e under rig ^Ss 4f P P shall be placed tJ2 inch lower than finished grade. within the limits of the work herein prescribed. All rgadways shal~;be jacked or bored as designated . safety measures for thv free movement o{ t`r`affic by Golden Vailby Public Works. All work done under this permit, including restore- ptoyees, harmless from any and all claims fpr personal I (We) the dridersigned herewith accept the teriris tion must be completed vnihm the dates spec:iied • mluries, ~ncludmg_death, for damages to #angible; real, and cogd,ftons of the ~egylations as lard-down by the Requests ~o'r,•ex#ensio~s musf be made ihWrttj()g~t~i or`~rersopalpyo'pert~ acfions or causes o`f actiorr'arr; , GJ;y o{f~olF~esS'~-~.g~'i~3~~'§~~e;}prfu#j~ aQigply-tltere• Golden Yalley Publiel!yorlis before the Permit expire-': = ink osikpi the workto be done herein end,the continu- with to thi?satssfsct7on of'the-City of Gotdgn Valley. tioci date, when the Permit kecorrjas null and void ~ -: ing,uses by the Aermittee, including but not lirgited to Ipdmduals(s) rgpreseniing the City of Golden Valley_ F~ccePt for negligent, acts of the City, its agents, and the placing, constructing, reconstructing, maintaining, Have the legal aiithoriryto bind,the applicant to all' its employers, the Ut+lity or permittee shall assume all ` and using of said util'hy under this application aril #erms, cpnditions, and provisions contained herein: liability for and savetheCity, its agents, and tts em-. Perrriiffyr~construction. APRLIEgNT'S NAME (please print) ~ ' APP C ~ T`S SIGNATU DATE '~jZSZC-3tJ S~1~1- Lo r8 !a This siocument isavaiiablt<'in alternate formats upon a 72-hour, request., Please call 763-593'-80©6 (fiY. 763-5933968) to make a request. Examples of alternate formats ` may include large print, elECtronic, Braille, audiocassette, etc. ~ ; - ......_._.~~.•_.W~.-.. 2/10/09 Permit Application Reggarding Stones Placed Within Pro»erty Line 4846 Glenwood Avenue Our request is for a permit, to the extent necessary, for the rock boulders already installed on the property as an obstruction to the city's alleged public right-of--way. As demonstrated in this narrative, the typical five foot distance between the road and landscaping is not necessary or appropriate in this case. I. BACKGROUND We purchased the property at 4846 Glenwood Avenue in April of 2008. Between the date that we purchased the property and the summer of 2010, we have made substantial improvements to the property both in terms of construction to the existing house and to the yard and trees. The house was built in 1933 and needed substantial investment in improvements, including installation of city water, natural gas, central heat, central air, plumbing changes, wiring changes, insulation, etc. According to Hennepin County records, the value of the property on January 2, 2008 before the improvement were made was X409,000 and the annual taxes on the property were $5,196.86 for 2009. As a result of our improvements to the property and the house, the value was increased to $692,000 and the annual tax rate was increased to $10,044.62 for 2010. The taxes doubled in a single year. II. SAFETY CONCERN One continued concern regarding the property related to the safety of our three children. Despite the substantial money spent putting new sod on the areas of the lawn near the end of the driveway, automobile drivers continued to drive over the lawn. The nature of the tire marks indicate that people were using that area of our lawn to turn around and proceed back east on Lilac Drive. The practice of driving over the lawn to make a U-Turn caused us substantial safety concern because our three children walk to school. Our children attend Breck School which is located directly north of the property. In order to walk to school, the children have to walk east on Lilac, turn left and walk north on Ottawa to the school. The sidewalk begins near the intersection of Lilac and Ottawa but does not exist directly in front of our property. Given the concern for the safety of our children, we continued to repair the lawn in hopes that the lack of tire marks would avoid any encouragement of using that area. Nonetheless, the practice of driving over the end of the lawn continued. The dangerous nature of the practice of turning around in that area is heightened by the fact that traffic traveling east on Lilac (either from Breck School, American Legion, or the management company). is traveling up-hill and at a substantial angle. The vehicle making the turn through our lawn in unlikely to see the car coming up the hill around the turn and vice-versa. III. INSTALLATION OF ROCKS As a result of our concern for the safety of our children, we decided to install large rock boulders near the end of the lawn at substantial expense to us. We contracted through LawnMonster to have the work performed. We were not advised by the landscaping company of the need to apply for a permit. We were unaware of any potential public right-of--way or easements regarding this portion of our property. Thus, no permit was filed prior to the installation of the rock boulders. The final product is two rows of stone boulders. The rocks do not retain soil, but rather provide a safe boundary for the yard and an aesthetically appealing look. Pictures reflecting the work are attached as Exhibits A - E. IV. NOTIFICATION AND COMMUNICATION WITH THE CITY OF GOLDEN VALLEY Shortly after the work was completed, we received a letter from Mr. Jeff Oliver, the City Engineer for the City of Golden Valley, dated September 24, 2010, informing us that it was the City's position that we needed to file a permit for obstructing a public right of way. A copy of that letter is attached as Exhibit F. The letter lists concern regarding snow plowing as the only reason for opposing the rocks boulders. The letter does not include any information regarding the basis for the claim that a public right of way exists on this property. The letter indicated that moving the rock boulders five feet back from the road would be acceptable to the city. The letter requested a permit be filed by Monday, October 4~. I left a couple of voicemail messages for Mr. Oliver and finally was able to discuss the letter on September 30, 2010. I inquired about the basis for a claim that the city had a public right-of--way over this portion of the property. Mr. Oliver indicated that the information was displayed on his screen, but that the city did not maintain records regarding the claim for the public right-of- way. I explained to Mr. Oliver that we were willing to install at our cost any pole that the city wanted installed to warn the snow plow about the location of the rock boulders. Mr. Oliver reiterated the request that the rocks be moved back five feet from Lilac Drive. Mr. Oliver and I scheduled at meeting at the City's offices for Monday, October 4~. During the meeting at the City Engineer's office on October 4~, I was shown a copy of the screen indicating a black line that the city contents represents the public right-a-way. A photo of the computer screen taken by my cell phone is attached as Exhibit G. I explained the problem that we were encountering with -2- automobile drivers. Mr. Oliver noted that the satellite photo on his computer screen (Exhibit G) even showed the fire marks across the end of the lawn and corresponding circular fire marks on the grass on the other side of Lilac Drive. V. LACK OF EVIDENCE REGARDING PUBLIC RIGHT-OF-WAY Mr. Oliver also provided me with a print out from city records regarding construction related to this area. On the map, there is a notation for "Doc. No. 3524866" for the area near the intersection of Glenwood and what became Lilac Drive (near the southeast corner of the property). The original of the document received from Mr. Oliver is attached as Exhibit H. I asked Mr. Oliver what the notation references and he indicated that was the Record maintained by Hennepin County to indicate the basis for the public right-of--way. I noted for Mr. Oliver that there is no corresponding document number for the area corresponding to the remained of the area where the rock boulders were installed. Mr. Oliver's response was that he was unaware of any documents corresponding to that area and that was "Before his time." Mr. Oliver indicated during this conversation that the city was not objecting to the composition or makeup of the rock boulders. Rather, the city simply wanted all landscaping back five feet from the road for snow plow reasons. I received an extension from Mr. Oliver until October 18, 2010 to file the permit application until after I was able to obtain and review the Hennepin County records. A copy of Document No. 3524866 obtained from Hennepin County is attached as Exhibit I. The document is difficult to decipher, but what is clear from the document is that it does not relate to our property based upon the identification of the Parcel Numbers. No other evidence regarding a public right-of--way or the corresponding need to file a permit has been provided by the City of Golden Valley. VI. THE FIVE FOOT SUGGESTION IS UNACCEPTABLE The rock boulders were installed for the safety of our children and to stop automobile drivers from making U-turns in the middle of the Lilac Drive by driving over the end of our lawn. Moving the rock boulders north (away from the street) by five feet would actually make the problem worse than before the rocks were installed. By creating an artificial boundary of rocks, automobile drivers would reasonably believe that the five feet between the rocks and the street could be used to make U-turns. Stated differently, it would actually encourage drivers to make U-turns by crossing the area previously covered by sod and grass. -3- The risk to our children would actually be worse as more drivers made U-turns through the area where the kids need to walk in order to get to school. This decision is also likely to expose the city of Golden Valley to potential liability in the inevitable event that an accident occurs at this location between a driver heading east on Lilac Drive and a driver using the new five feet area to make the U-turn. Balanced against the safety risk to our children and the accident and potential liability risks for the city is the alleged need for snow plow drivers to avoid hitting the rock boulders. As seen in the pictures of the rock wall (Exhibits A- E), the rock boulders are located beyond the gravel that is located next to the road. The snow plow driver would have to leave the road, cross over the gravel, and strike the rock boulders. Given the circular curve of Lilac Drive as it heads east (see Exhibit B}, it is difficult to imagine how that would occur. We have repeatedly offered to install whatever pole or marker that the city recommends to alert the snow plow driver to the location of the rock boulders to eliminate this minimal risk. We are amenable to a pole with reflective markings as a condition for the grant of this permit. Therefore, we request that to the extent that a permit is necessary (given the lack of evidence of a public right-of-way provided by the city), that the permit be granted for the rock boulders in their current location. Res e tfully S ' t , Dar n & Jennifer Schwiebert 4846 Glenwood Ave Golden Valley, MN 55422. -4- ~r ~.. ,,5 'i }~~ i •:~~ i i. ~ ~~~ :~ e a'~',, 1~, ~ ~ F ~ i' 1' ~'~~~. n ~. i. .~,., ~ A o,/ W ~~ 7 t` t , ~1~ ~< L 1181HX3 ,a'~.J' .sly #' ~~ri ~`~:I _' y ..; ,+~ ~`'. r ~e -~ ;. ~t;~~ ~ ,, rf ,p n V 4f lF',"' Y ~y ,i~ _'.. ~ ~ j1~ ' ~ `~ . j5' 1r ~ef~` ~ ~ ~ "'' + -~ ~ _"- ~" r ;¢ ~ ~ ~, ~ ~ .~ ~c ~~ ` ~ F r' ~ '~~ ~.• ~'s. L ;'. ~r i E tit"< r~ ti t ~ , a" Fs ~f °-~ ;~ ~~ ,:, ~ f yv'~ L "~' r~ A „-~ ~: ,~_ ~=~'' li+ f~K= yaY a._., _ __ 1 ~7 ~ k ~ f~ +. ~ ( ( 4 r °Yi t~~'Y'rt ~jrla~"7i?~~ S'I'~w,ry K i t } s _ \ _. q~~N2{x ~'S,~! f° ~yi +`~/,tv f,~ t Z. ~. L .. j-h ".. ~ M1 t { ~.. = 'a^ ' <F./!~ ~Y ~ 45h { }»~ r ~~~ i '~ yt 7t> f ~ ~ ~'~ c+ + ~,r + ~ An` t "'~ fir. v ' „^ _ 2+ } <~ , - ~ t 4 3 r~i y}` +~C +~ A r ~F"~ A G~' MI.Lf ~ x- :y 1 +~~ ~. + 1, i ~ _ t' .... ~~~`~~ ~^~~~~-~~.-~:-~~~~ a~ ~~ ~~ ; ; ~ ~, , ; + ~ ~ ~;a ~ ,~ ~ ~ EXHIBIT ft 11y`M'r``~ ~ ^' ~~4 `}j;4+r "~y~'Y it~tr„ t' c~ it t ~;~~`LY+.~ a-~ ~i ~`'"V _ e 't q - `+' i y f~ r S "~t~~~;1. 3 ~~`FiE"~! ~ ~ Lt a ~i.J~`"I(~'' t T `; A, Z ~~~ ~ :,~!'- '~ ~, ~.: `~1~y',r ,,~~ ~~•y~~~rt~ ra 1*~~ ~~~Yy t~,va~,, (r~ <x~~ +S~ - z_-~ z ~4 +. t,.!' "k '{~ .~'. iM4~.rrtt~~.St~:~°a*sra~ i~~t I :i~~;~vr~i'~f ~'~,~,;~.'~~i f~ .~ ~ F. i~-'Yk ~s..~~...~ti~:i a~n ~ ,1~ ~' is"S:~ R .~ .> ~:y ~..~ ~ { ) v~ '. ~~~~ Uf .~ ,~,~ygoldeaa-val~ey.iaaia.ar..r September 24, 2010 City Hall Darren and Jennifer Schwiebert 7800 Golden Valley Road 4846 Glenwood Avenue Golden Valley, MN 554274588 763-593-8000 Golden Valley, MN 55422 763-593-8109 (fax) 763-593-3968 (TT1~ Subject: Right-of-Way Obstruction Notice Mayor and Council 763-593-soor> Dear Mr. and Mrs. Schwiebert: City Manager Staff was recently made aware that you have constructed a retaining wall 763-593-8002 in public right-of-way near your property. This type of work is classified as Public Safety an obstruction under the Golden Valley City Cade. According to Golden Policy. 763-593-8079 Valley City Code Section 7: I'~irc: 763-593-8079 763-593-8098 (fax) Except as otherwise provided in this Code, no person may obstruct, Public Works construct retaining walls or landscaping pave driveways or parking 763-593-8030 sfallszplant trees or shrubs place courtesy benches, install 763-593-39ss (fax> irrigation conduits wires or other objects or excavate any right-of- Inspections way without first having obtained aright-of-way permit from the 763-593-8090 Director to do so The right-of-way permit is valid only for the work, 763-593-3997 (Fix) excavation or obstruction and specific duration included in the Perrr-it• Motor Vehicle Licensing 763-593-8707 To mitigate this issue, the City of Golden Valley would like you to apply for Planning and "Coning a Right-of-Way obstruction permit (attached). To complete this permit you 763-593-8095 will need to fill out and submit the enclosed application form, a proposed site plan, and the $100 permit fee. All bond and insurance requirements Fina„ee for this type of work will be waived. 7C,3-593-801:3 Assessing Due to possible winter plowing concerns the City would like to ask you to 763-593-8020 place your retaining wall at least 5 feet from the edge of pavement. This location will ensure that our plow drivers have ample opportunity to Park and Recreation effectively plow that area of pavement. 200 Brookview Parkway Golden Valley, MN 55426-1364 763-512-2345 Please submit the permit application to the Golden Valley Public Works 763-572-2344 (fax) Department by October 4, 2010. Relocation of the wall should be 763-593-3968 (TT7~ completed by October 18, 2010. City staff will follow up after these dates to ensure the requirements have been met. G:\ROW MGMT~Corres\ResidentslViolations\Obstructions\4846 Glenwood.docx Please feel free to call me at 763.593.8034 if you have any questions regarding this matter. Sincerely, eff fiver, PE City Engineer Enclosures C: Jeannine Clancy, Director of Public Works Bert Tracy, Maintenance Manager Chuck Perkins, Street Supervisor Mitch Hoeft, EIT, Engineer G:\ROW MGMllCorres\Residents\Violations\Obstructions14846 Glenwood.docx h~~' a;. ,°~ ,,R ~~~~µ :~ ~,~: i~ ~ i ,~;;~ ~' ili ,(I! li ,, '~:~i'i~ EXHIBIT ~'' G k i' k t tt ~}'~~l 1~4q~ff ~~ 1ti'`iil~' l i ,~+a.~~ f~~~~f'ilglil `~~~i ~~~ _..,.. ~Ifir,. ~~~!I~~di i 4 ~ _. ..: 158.18 X49.5 ..~ v ~r 9 f331? .__ ~ ~ s __ Q ~I N88°73'43"W 80 -280 , '1 ~• 1 LOTA - -~-R6f~~~EE---- - - R$ 1 1 DOC NO 2786147 153 127 " ' I M v I 1' .. _.. 1 _..... i I W~ N ~ ° I O w ~ ,,, j ' °° W ~~ a~~ N N r I W Z I J ' ~ 1 I f S88°13'40"E n.a2 I ' rg899 S ~ OT 8-23-89 F 1 ~ _ ... . o ~ , ~ ~ _ .. _ , ~ 5 5362482 ao I `O• °'o-~- ': HIGH Y ARTMENT _--~_~ L,.., i DOC 5 62516 ; I \\~~ DOC 175798 ~ (18) ai I LL I ~ ~ I ~ O i ~ I i 1~ Z ~ ' ~ f ~ i I ~ ~ ~ ~~ ~ ~ ~• ,,. O ,'~' Glen wood. ~~ M o I I n f N ~~~ ;, ~ ; PUnd ~ W ~~ I I ~~ I , i ~ ~ ~ i s ~ ~ DOC NO 3524 6 - i ~ ~ I c`9i ~ DOC NO 3145 46-- I I I I BK 3091 MTO 431-44 ~~ ~ I I coil i I ~ y ~' i ~ I I ~~ ~ ~ ~ I ~ ~ , ~ B ~ ~ ~s ,~ I I I ( I ' i• e R N H ~ ~ 13 ~ y' t DOC NO 818684 e c .. L•. ~ J111 . ...._. _ __ .. -..... -. . p ,... ...z+i,..t 4 ~ ~~ fi• 1 ~ kJ. (''.• ~~' ~r ~L E ~~m OF ~1~~ iaT ~is~b~Vl W~1~1 ~ lC'a CCt1N'pX CF HBNNEPIN ImiktTH JUDYC7AL ~ISTk:CC'P 1 ~'`~ i :~ ~~ State of Ninaesota, bg Miles Lord, ~ , ite Rttvi~sef 48~ierbl, • Petitioner, ~- vs. ~ Flarenae ti. Hettdereon; Louie B. l~endereou; Village of f3o7.den Ba12eY3 Independern school Dietriat No. 275, fommerl Indspend~nt 3alsool Metr4at Na. S9, also all other Pereane uNniown elsi~3 g aelY rzt3ht, title, estate, 'interest or 13.611 is the real. estate desos~ibed in the Petition herein, Rsep~ldente. ~ID State o;F MimieBata, by Mile~a Lord, its Attamer Cetleral~ • , ve. Fred M. svesi~= • •t~:~ ~; Yi13a Clari F.. ~imdF; '84dr~'ra -#-~a' Ta~4i~i;.'t'he Fai9eh~a'•:!p~td;'•:t911i~1f~a8"~; BaueM Fx~noes' ~`~x;'k~i:~k ' (' ' •~'L,7 Leh • ~ k . +L ~''+ ' iea•~ 1!f%' ~x'...~.i lyR f i ~si.Y~:~ .. ~ ~ fi. ~• ~':::,'v. „ ~~~ Y• D ::~ ~~~f~ ., , x.. 'I~ ~ ~~. f,= •j:K; Si' 4::+~ tN^' ':~ .;?,,i''J.rp . -.~c:"3'3..y,,: ,.~;i. i:;:~iat'~Sj)4r", Petitio~aer, of,• iloZdest' Ya7.3~ dohyp~ •W, ~~ •R• Jr 'I~olea; 7tOnpa• a1p7.A11; ~801'~e Gi ;,<: . ~• ~~ ~ R• •eank of 1~itmeapcll~r;Thbo~eon ri~r~3 ~8ox~#t L• ~fdems3~~tdF!~ ' .R~h~:~y1{y~l~ B!1~aa~f ~i"~ ~ . ,••, o- .'~' ,F., :.~ ' ~'.~G.; P• f ,Ys~ ,- ... is •:'.l ~ ~~ • iV•• ;: •.~:,-~,.,i°y:4:' ~. •.'. i~ ::•~:. •lc~.:ah•.r.RdhKR~:. '10~.••~..G..S.~aTA~'[~u]fJ%'.i~ n ~a~:. ~.~ ;?; . -•.... . ~:: . RE fF E ~f.~ ~~~~~~~~ ~~ ' gg l~~~~~~~~~~ ~ ~~ R~ ~6 ~ 4 R ~'~ a~ a ~~i ~~ ~ ~~ 4'{ ~a~° ~~~~~~ ~~ ~~~ Sr~~e 'fig ~a ~ ~~ ~ ~~g~~~~ C R ~~~~ _~~ F ~~ ~ ~ ~ ~~~ Raj ~ ~~ ~ ~#~o ~ ~ ~ ~` ~a~" ~t~ is ~ ~ ~~~Aaz ~ ~~~ xR ~ ~~~~~ ~~A ~ ~ ~ ~~~ E ~~ ~~~ ~ ~~~ ~ ~~~ r7 ~ ~' i ~ ~`~ ~~~t~ ~~ ~~ ap sA~w~~~ A ~ ~ ~~ Mta~l at ache! Ate. aL~er~ty tics a~ tyr ~ aMeaiiar~, 3961`. •itie~e~~~lrex~. ~'Ia ~4 3il~erse~ 6~l~i3 . .. ,! .. .. .. .. . j~ .. ...r ... ~; ~ . .. •'r ~I ' l v :~ . i, i ~'~{ ;~: w 3 ' ~. M M r..r' ~4 . .ii .^4qr' . F.. ' ~ ii•. ._ 'i~:.. ' ,j.. iii i.,.•: ,!.s,'r*-.r'~..'{ii+~.'''`;%1. ~•iiK:: `~' -.fly , +ajy ~~.:=.:`'.-: ~ •.~ ~..'-,:.iati ~ ~ t a~ia • .'~' ' ) "-w$`a" ':;Y~ry;: it~r~.•':'.~:. `~ ;'~. $-:~. ~t", r.•.,:n.k'~-'aa4 Riy=arc. ~; .~ t.. •~~H. sa . ..~ ,4.' _Fa :: ~'Y, i:':i.~•::`x. .. '(•.':1'ii!.:~...'~.::V4.7\~M,~.~.!~.a[~~~lx~~' •.'%tal tii ~+~ ~' ^l. '. 'aL1~ .. ..~% 1 " }~''i:.i y,':r ,y: K'G-3;}~ ~_iiKi ._ .ref ''"'Y q. ~a 'r!' ~ .. ., .. ~ irr. ~ a ~t : ~lTe[ v - ~ "'•' ~ r ~ ',ni~'• "?~ik.:.` ~'' ~ `;% .7t S~':r e''`: t~~`':~ ~~'Y!•Fl'z.~ 'o uM' :~1.. _ '~ C•"~1 •:.f•, , tc. V, :'3 ._~- BEST 6 FLANAGAN LLP 225 South Sixth Street, Suite 4000 Minncapolls, Minnesota 55402 TEL 612.339:7121 FAX 612.339.5897 BESTLAw.COM A11en D. Barnard Attr?rney DIRECT 612.341.9715 abarnard~~besilaw:com BEST &FLANAGAN November 5, Z~In FOUNDED 1926 ALLEN D. BARNARD VIA EMAIL ONLY FRANK voGL MARINUS W. VAN PUTTEN, JR MORRIS E KNOPF Jeff Oliver JOHN A. BURTON, IR. ~Ity of Golden Valley JAMES C.. DIRACLES THOMAS B FIEFFELFINGER 78(10 Golden Valley Road DUANEt PAULSON ROBERT l MEILER, tR. i ^f GOld~n Valley, MN SS427 CHARLESL'~BERQUJSi JAMES M CHRL$TENSON E tOSEPH LAFAVE Rc: 484E Glenwood Avenue Appeal GREGORY D. $ouLE. CATHY E. GORUN PATRICK 8 HF.NNE$SY Dear Jeff: TIMOTHYA $UILIVAN DANtFI R.W. NELSON DAVID 1 ZUBKE You. have asked us to review the question whether MnDQT acquired STEVEN R KRUGER ri ht-of-wa on the south side of 484E Glenwood as de ictcd on the enclosed g Y PAUL E KAMINSKI ~ ROSS C. FORMELL copy of a plat map. We have carefully researched the >~ina! Certificate: MARY E. sHFAReN , Document No 35~ 486b as WeU as other da :uments substantiatin the BARBARA M RO55 , . , g t SARAH E CRIPPEN acquisition by MnDC)T. We have concluded. that the right of way line shown on ROBERT D MAHER the plat map does indeed reflect right-of-way acquired by the State of Minnc>sota DAVID H tOHNSON CHRISTOPHER D 10HHSON and maintained by the City of Golden Valley. JILL B LAORR DANIEL A. KAPLAH I ENOR A $CHEFFLER ! hope this is sufficient for your purposes, Please call me if you have; any BRADLEY F wlulAMS CYNTHIA L. HEGARTY gUCStiOnS. DAVID G MURPHX REBECCA A CHAFFEE Ver ours trul C ow EI y , y y ARfJP SHEU DANIEL L. GRIMSRUD JOHN O. SEINER KIM 100ENE DONAT KATHLEEN D. MCMAHON KATHY YIP Allen D. Barnard BRIGID M GOS$ JUSTIN P. SHORT Wll UAM R. ASP ADB/rys KRISTIN t PETERSEN I:rlt;!()SLireS ELI7ABETH C BORER JOSEPH 1 W PHELPS OF COUNSEL JOHN R. CARROLL ROBERT L. CROSBY 0000901480568/1250706_1 RICHARD A. PETERSON LEONARD M. ADDINGTON N. WALTER GRAFf SCOTT D ELLER c s \ ~ ~~ i ~~ Nes•~3~aa~w j ;s j `~ ROANOKE sfis•, rao'~ ~ 77.42 ~ 80 168...M. ~ rys~ , i ~•~~~ ~ QT a-z3-a9 ~ 15 ~ j { L .. ~ _ ,,. ~ ~ .~"~~ 588.07 N88'13'48"w i i~ ` ~` r 2U3.Ot 160 I~ ~ i \ ' ~ STATE 1-IIGHWAY D~ARTI~ENT f z ~ - - _ _ _ ! _ - - S _ :! {4} ;~ _. ~ 6 ; i ~ {18~ {14) i OOC N01757982\ ( W ~ ~ ' a ~ ~ I Q i' T`~-~' eL ~ fir( (r/J ,, ; ~ ~ ~ O $ {13} 8 ~ ~ ~ G1 e n ~oo~ ~ J ~ .... ,~ .... ,_. i i i ' ~ i , SB917y8'E i ,.. r i OOC M0352~ ~ \7~~.~ hY O~LS~ 32: i BN 3091 A4TG P 131~1p ~i ~.~ {fi~ 1 ~ {21) +~~.' i i i ~ ~~` ~ ~ ~ ~ `~~ ~ n 1 C ~ ~r ~' ~ ~~~ ~Li~I9(( V" 1 i i I ~ ~ _ _ _ _ _ _..` _ _.... _ ~ _ .~ _ _`_......_ .....~.._.._.~ ....~~. ~ ~_. ~ 'F i X153 N88'S7'18"Wr a1i - - - _ ,,.~ a - - - t .._ _ ..~ _ _ ._ -- ~,, -~, ~_~ 20 R - - - - - - - - - - - - - - - - - , - - _...L-._ ~-110 38Q°_LT.,L' ~vv 4~~-+ LJ~`s ~i~~V~7P . i (HCH NO 4'0 Golden ~aalley Obstructions Placed Behind Curb in Street Right-of-Way Since 2000 '~' Permanent Obstructions Date: Nov. 4, 2010 8 Source: Cify of Golden Valley for all other layers. NOT TO SCALE Cite q~` Q en galley _J Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 16, 2010 Agenda Item 6. B. First Consideration -Ordinance #452 - Establishing A 2011 Master Fee Schedule Prepared By Sue Virnig, Finance Director Summary Staff reviewed the upcoming master fee schedule with Council at the Council/Manager meeting on November 9. Since that meeting changes were made to the Park & Recreation Fee section for non-resident park shelter rental rates. The schedule shows the approved rates for 2010 and the proposed rate change for 2011 in bold. The utility rates will be effective for any billing after April 1, 2011. Attachments Ordinance #452, Establishing A 2011 Master Fee Schedule (17 pages) Recommended Action Motion to adopt on First Consideration, Ordinance #452, Establishing A 2011 Master Fee Schedule. ORDINANCE NO. 452, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Establishing A 2011 Master Fee Schedule The City Council for the City of Golden Valley hereby ordains: Section 1. The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The Master Fee Schedule attached hereto as Exhibit A is hereby adopted as the city's fee schedule effective January 1, 2011, unless otherwise noted and shall be added to Chapter 25 of the City Code. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 7th day of December, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/s/Susan M. Virnig Susan M. Virnig, City Clerk City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 2011 Fee Fee Building & Fire Permit Fees based on fee schedule below. Mandatory State Surcharge: per permit is a minimum of .50 and when a permit fee is over $1,000 in value the state surcharge is .0005 times the permit value. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy: 80% of the permit fee will be returned upon written notice of cancellation. If job has been started no refund will be made. No surcharge or plan review fees will be returned (includes the fees for stormwater management, right-of-way (ROW) and tree preservation permits). Building/Fire/Commercial Mechanical Plan Review Fee - 65% of the permit fee (no surcharge) re-inspection fee 100.00 Administrative 75.00 Seasonal, Farm Produce, Christmas Tree Sales, etc in Commercial Zoning District Fire Alarm System (New Installation or Alteration of Existing) Upto the 1st $1,200 in value 50.00 Over $1,200 value -use fire suppression fee Fire Commercial Cooking Ventilation Systems Inspection 50.00 Re-inspection 75.00 fire Pumps 75.00 100.00 Fire Suppression & Special Fire Suppression Systems: FM 200 system, C02 systems, spray booths, kitchen extinguisher systems, hoods, etc. No change Total valuation based on below fee schedule: Value Ranee 2004 LMC/AMM Recommendation $150 $500 $25.00 $501 $2,000 $25.00 for the first $500 $3.25 /additional $100 $2,001 $25,000 $73.50 for the first $2,000 $14.75 /additional $1,000 $25,001 $50,000 $415.75 for the first $25,000 $10.75 /additional $1,000 $50,001 $100,000 $682.50 for the first $50,000 $7.50 /additional $1,000 $100,001 $500,000 $1,053.50 for the first $100,000 $6.00/ additional $1,000 $500,001 $1,000,000 $3,427.75 for the first $500,000 $5.00/ additional $1,000 $1,000,001 and up $5,945.25 for the first $1,000,000 $4.00 /additional $1,000 City of Golden Valley 2011 Master Fee Schedule -Exhibit A Fireworks/Pyrotechnic Special Effects Permit requires rental of fire engine and crew for stand-by at display House/Building Moving Demolition Mechanical: HVAC, Gas Piping, Refrigeration and Fireplace (Includes all types of fireplaces -masonry, gas, gas log, gas insert, etc.) Value Permit charge $0- $999 $15.00 $1,001- $5,000 $31.50 + 2.60% over $1000 $5,001- $10,000 $135.50 + 2.15% over $5000 $10,001- $25,000 $243.00 + 1.85% over $10,000 over $25,000 $520.50 + 1.65% over $25,000 S,50r00~- ever Native Vegetation Landscape Permit Parade/Special Event Petroleum Tanks Installation -per dispenser Installation -per tank Piping associated with tanks Removal -per tank Temporary LP Tank (per site) Plan Review Fee -65`Y° of the fee (no surcharge) Plumbing and Piping Fixtures Includes hydraulic sewer valves, rain water leaders, and alteration to existing systems. Value Permit charue $0- $999 $15.00 $1,001- $5,000 $31.50 + 2.60% over $1000 $5,001- $10,000 $135.50 + 2.15% over $5000 $10,001- $25,000 $243.00 + 1.85% over $10,000 $25,001- $50,000 $520.50 + 1.65% over $25,000 $50,001- over $933.00 + 1.30% over $50,000 2010 ~ 2011 Fee Fee 100.00 300.00 300.00 25.00 Right Of Way Driveway Replacement Permit Obstruction Permit per obstruction (includes courtesy benches) In Boulevard Excavation Permit per opening In Pavement Excavation Permit per opening (includes curb alterations) Overhead Utility Repair per location +winirnum mile Underground Utility: Len h Permit Charee 0 to 100 Feet $250 administrative fee + $1/foot over 100 Feet and up $350 administrative fee + $.50/foot over 100 feet Stormwater Management 100.00 25.00 25.00 75.00 75.00 60.00 75.00 75.00 75.00 25.00 150.00 100.00 100.00 100.00 100.00 100.00 150.00 200.00 100.00 SAO.OC 100.00 100.00 100.00 2 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 f 2011 Fee I Fee Sign Permit Base fee 50.00 Area fee (per sq ft of sign area) +2.75/sq ft Temporary Sign over 18 sq ft Standpipe Installation of each standpipe (up to 5 floors) 50.00 Each additional floor 20.00 Temporary Certificate of Occupancy Partial Certificate of Occupancy 100.00 Temporary Certificate of Occupancy 100.00 Extension of Temporary Certificate of Occupancy 200.00 Penalty for expired Temporary Certificate of Occupancy 300.00 Tent/Canopy Inspections -required for tents exceeding 200 sq ft and 50.00 canopies exceeding 400 sq ft (per site) Tree Preservation Permit 100.00 Tree Preservation Mitigation Form -per caliper inch 150.00 Utility Permits Water Meter Permit 100.00 Water Tapping Permit 100.00 Water Cut-off Permit 100.00 Sewer Permit (connection) 100.00 Sewer Repair Permit 100.00 Sewer Cut-off Permit 100.00 Licenses _ _ __ Renewal Date Auctioning Auctioneers do not need to be licensed in the City of Golden Valley. However, they have to show us a copy of a license or bond from the county or state and provide us a letter on the da te, time and place of the auction. Cigarettes -Tobacco Products over the counter 1-Jan 275.00 Contractors -Heating, Ventilation, Air Cond and Refrigeration 1-Apr 75.00 Dog Kennel -per kennel 1-Apr 200.00 Entertainment Amusement and Shows 1-Apr 50.00 (movies -per screen; caravans, circuses, amusement rides) Bowling Alley (each lane) 1-Apr 15.00 Dancing & Entertainment 1-Apr 375.00 Pinball Machine, Video Game or Pool Table each location 1-Apr 15.00 each device 1-Apr 15.00 3 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 Fee Renewal Date Fireworks Retail consumer fireworks that sell other items 1-May 100.00 Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00 Garbage Haulers -per vehicle (was June 1) 1-Apr 50.00 (See also Recylcing Haulers) Gasoline Stations First nozzle 1-Apr 55.00 Each additional nozzle 15.00 Lawful Gambling License 1-tan First year 250.00 Renewal after 1st year 100.00 Liquor License Application Packet 20.00 Liquor -Investigation Fee (Liquor On-sale, Off-sale, and Sunday sale and Wine) new applicant 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation Liquor -Miscellaneous Change thru the year per change 100.00 Liquor On, Off and Sunday Sale and Wine (renewal or mist changes) Liquor License (State law) Sunday sale 1-Jul 200.00 Off-sale 340A.408 1-1u1 200.00 On-sale 1-1u1 8,000.00 Wine On-sale 1-1u1 2,000.00 Club 1-Jul up to 200 members 300.00 200-500 members 500.00 501-1,000 members 650.00 1,001-2,000 members 800.00 2001-4000 members 1,000.00 4001-6000 members 2,000.00 Over 6000 members 3,000.00 Liquor -Non-Intoxicating Malt (On-sale) 1-Apr 500.00 (This fee is not charged to applicants holding a wine license and renewed at the time of the wine license renewal date) Liquor -Non-Intoxicating Malt (C-ff-sale) 1-Apr 150.00 Massage Therapist -Individual Certificate (each individual/person) 1-Jan 50.00 Investigation fee 100.00 Massage Therapist Premise License 1-tan Operating location 500.00 Investigation fee 200.00 2011 Fee 75.00 25.00 4 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 2011 Fee Fee Licenses (continued) _ Renewal Date New/Used Vehicle Sales 1-Sep Peddlers and Solicitors 1-1u1 1st person Each additional person (up to a max fee of $50.00 per time) Pawnbroker and Precious Metal Dealer Location 1-tan Dealer 1-tan Investigation Fee $500.00 non-refundable administrative fee plus actual costs for investigation Recycling Haulers (Multi Family Apartment) -per vehicle 1-Apr Rental Dwelling License Single Family Dwellings One Unit Dwelling 1-Jul Re-inspection Additional Unit Inspections License Transfer Inspection Appeal Filing Fee Twin Homes & Duplexes 1-May Re-inspection (per unit/per address) Additional Inspections (per unit/per address) Condominiums & Townhomes 1-Sep Re-inspection (per unit/per address) Additional Inspections (per unit/per address) Group Homes /homes with services 1-Nov Re-inspection (per unit/per address) Additional Inspections (per unit/per address) Multiple Unit Dwelling (3 or more units) per building 1-Mar Re-inspection (per building/per address) License Transfer (pro rate) minimum Star Program Fees (Based on participation level) Non-Participant Level 1 Level 2 Level 3 Level 4 Administrative Citations on (all) Rental Dwellings 1st citation 2nd citation 3rd citation 4th citation and subsequent violations in 12 month period 400.00 30.00 5.00 5,000.00 400.00 3,000.00 50.00 100.00 100.00 50.00 50.00 25.00 100.00 100.00 50.00 100.00 100.00 50.00 100.00 100.00 50.00 100.00 100.00 50.00 $20/unit $10/unit $8/unit $4/unit $0/unit $30/unit $12/unit $30/unit $6/unit $0/unit 100.00 250.00 500.00 500.00 5 City of Golden Valley 2011 Master Fee Schedule -Exhibit A Renewal Date Sexually Oriented Business license Fee (operating location) 1-Jan Investigation Fee $500.00 non-refundable administrative fee plus actual costs for investigation 2010 I 2011 Fee Fee 5,000.00 3,000.00 Street Assessments Residential/Single Family/Duplex, per dwelling unit on local street 4,900.00 5,750.00 Multi Unit Residential (more than 2 dwelling units) on local street 69.36/ft 76.3/ft Residential/Single Family/Duplex, per dwelling unit on state aid street 1,225.00 1,437.50 Multi Unit Residential (more than 2 dwelling units) on state aid street 74.28/ft 81.71/ft Other Zonings, Local Streets 83.39/ft 91.73/ft Other Zonings, State Aid Streets 90.19/ft 99.21/ft Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum (Seven percent of total or maximum fee -whichever lessor) Low Income Level for Senior/Retired due to Disability Deferral 2010 HUD Limits 2011 HUD Limits Miscellaneous Fees Address Change 50.00 Administrative Citations -Non Rental Housing 1st Citation 100.00 2nd Citation 250.00 3rd Citation 500.00 4th Citation and subsequent violations in 12 month period 500.00 Alarm System -False Alarms (12 month period beginning March 1 of each year upon given notice) 1-3 false alarms No charge 4-10 false alarms 100.00 11-15 false alarms 150.00 16 or more false alarms 200.00 250.00 Animal Control Impound Fee for dogs 50.00 Boarding Fee for dogs and cats per day (7 day maximum) 20.00 Dangerous Dog License 250.00 Building Plan/Storage Retrieval 50.00 Certification Fee (Special Assessment) 30.00 6 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 2011 Fee Fee City Cemetery Cemetery Plot 500.00 Open/Close Fee: Crematory (up to 2 per lot) 200.00 each Burial 750.00 Documents City Code Full book in binder 200.00 Updates 15/each Zoning Chapters Only 10.00 City Maps:, Plats, Record Drawings, Other Plats (i.e. address maps, building plans comp plan, zoning) 10.00 Comprehensive Plan Copies of any black and white, letter or legal size documents of 100 or .25/pg fewer pages (Minnesota Rules, part 1205.0300, subpart 4.) Copies of any color, letter or legal size documents .33/page Digital Format Aerial photography time & material Custom Maps or Map Layers time & material Topography time & material Special Assessment Search (non-owner) 15.00 Video Reproduction (per tape+shipping) 20.00 Domestic Partner Registration Initial Registration 40.00 Amendment/Notice of Termination 25.00 Certified copy of Registration 5.00 Equipment Charge per hour Fire Engine (includes personnel) 250.00 Fire Aerial Truck (includes personnel) 350.00 Police and Fire Rescue Truck (includes personnel) 250.00 Utility Vehicle (includes personnel) 100.00 Squad Car (includes personnel) 100.00 Heavy (motor grader, front end loader, 360 Backhoe, Pickup sweeper, 125.00 sewer camera, truck, sewerjet, vac all, aerial truck) does not include personnel costs Medium (dump truck, water truck, tractor Backhoe, utility tractor/ 80.00 accessory, 15 ft cut lawn mower, brush chipper, asphalt roller) does not include personnel costs Light (truck -one ton and under, air compressor, water pump, generator, 45.00 steamer, asphalt/saw, concrete, cable tracer, sewer rodder) does not include personnel costs Gas Lines, construction damage with Fire Department Response 250.00 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 I 2011 Fee i Fee Filing Fee (Administrative Citation Appeal) per violation 25.00 Fingerprinting Golden Valley Resident 10.00 Anyone employed in GV 25.00 Forced Tree Removal cost of removal + 20% Hydrant Meter Rental Residential (per day+ consumption) 2.00 Commercial (per day+ consumption) 5.00 Deposit (residential) 200.00 Deposit (commercial) 1000.00 Nuisance Service Call Fee (after three calls) 250.00 Personnel Off Duty Police Officer (minimum applies as determined by 75/hour City Manager/designee) Firefighters, Lieutenants, Captains, Deputy Fire Marshal & Assistant Chiefs 25/hour 35/hour minimum Sump Pump Inspection 75.00 Weed Eradication/Lawn mowing -per hour (see minimums) Vacant land - 1 hour minimum 125 / hr Occupied/unoccupied residential/commercial property - 3 hour minimum 125 / hr SECOND OR MORE VIOLATIONS IN ONE SEASON Vacant land - 1 hour minimum - 250 / hr Occupied/unoccupied residential/commercial property - 3 hour minimum 250 / hr Planning & Zoning Fees Conditional Use Rems Conditional Use Permit 400.00 Amendment to Conditional Use Permit 300.00 Extension for Conditional Use Permit 125.00 Easement Vacation (each request) 500.00 Flood Control Management (Special Permit) 75.00 Floodplain Search Letter 25.00 Park Dedication Fees 1% of Land (per Minnesota Statute 462.358) Market Value Planned Unit Development Preliminary Design Plan 400.00 Final Plan of Development 400.00 Extension of Planned Unit Development 150.00 8 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 ~ 2011 Fee Fee IPlannine & Zonine Fees Icontinuedl I Rezoning 500.00 Subdivision 400.00 Extension to Submit Final Plat 125.00 Subdivision -Minor 250.00 Extension to Submit Final Plat 125.00 Variance from City Code - Zoning Chapters Single family residential 125.00 Extension 125.00 All others 225.00 Extension 125.00 Wetland Management (plus professional fees ff necessary) 75.00 Zoning Examination Letter 75.00 Temporary Retail Sales in Industrial Zone 150.00 (for each sale, up to five days) Utility Fees Driveway Covers -Replace 90.00 Meter Testing (to be returned if meter is in error of 5% or more of read) 50.00 Sanitary Sewer Inspections and Compliance Fees (Ordinance No. 352) Noncompliant discharge into sanitary sewer(or refuse inspection) Single Family Residential 500 /month Non Single Family Residential 1000 /month Application fee for noncompliant winter discharge into sanitary sewer 250.00 Application fee for certificate of sewer regulations compliance Single Family Residential 250.00 Non Single Family Residential 750.00 Fee to review residential video record completed by private licensed plumber 100.00 Fee to review non-residential video record completed by private licensed plumber 375.00 Water on/off per each event (additional charge for call in and overtime) 50.00 Utility -Manual Read of Water/Sewer Meter 100.00 Water Meter and Parts (All) At cost+20% 9 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 I 2011 Fee Fee bilitv'Rillinv Rwtac _ Residential Utility Rates -quarterly billing (includes all residential classes except those classified as apartments) ACH Payment Credit (1.00) Inspection Fee for Fire lines 6.00 Penalties (for late payment) 10% Sanitary Sewer (in 1000 gallons) Residential (per dwelling unit) (Flat Rate)- 5 and under units-winter qtr consumption 52.00 Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption 56.10 Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption 62.00 Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption 65.00 67.40 Residential (per dwelling unit) (Flat Rate) - 25-39 units-winter qtr consumption 72.00 80.00 Residential (per dwelling unit) (Flat Rate) - 40-59 units-winter qtr consumption 86.00 Residential (per dwelling unit) (Flat Rate) - 40-79 units-winter qtr consumption 78.00 Residential (per dwelling unit) (Flat Rate) - 60-79 units-winter qtr consumption 92.00 Residential (per dwelling unit) (Flat Rate)- 80 and over units-winter qtr consumption 84.00 100.00 Recycling Residential curbside (per unit) 8.00 10.00 Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 66.00 Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental (per unit) 8.80 9.54 Overhead (per unit) 5.55 6.00 Water Minimum fee, includes up to 1,000 gallons of flow 6.00 Water meters up to and including 1" 6.00 Water meters over 1" and including 2" 47.10 Water meters over 2" and including 4" 65.78 Water meters over 4" 84.63 Above 1,000 gallons of flow per quarter up to 79,000 (per 1,000 gallons) 4.18 4.34 80,000 gallons and over of flow per quarter (per 1,000 gallons) 4.21. 4.37 Water Connection Fee (State Charge for each water hookup) 1.59 Irrigation Accounts (Alt) -Monthly Billing Minimum fee, includes up to 1,000 gallons of flow 6.00 Above 1,000 gallons of flow per month (per 1,000 gallons) 4.21 4.37 Water Connection Fee (State Charge for each water hookup) 1.59 ACH Payment Credit (1.00) 10 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 I 2011 Fee Fee ty Billing Rates -Effective April 1, 2011 (continued) Commercial & industrial Monthly Billing ACH Payment Credit (1.00) Inspection Fee for Fire lines 2.00 Penalties (for late payment on monthly billings) 5% Sanitary Sewer Water meters up to and including 1" 6.94 Water meters over 1" and including 2" 13.48 Water meters over 2" and including 4" 20.22 Water meters over 4" 27.76 Based on per 1,000 gallons 3.37 Note: Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property with a Residential Equivalent Factor of 1.00 22.00 Street Lights Ornamental (per unit) 2.94 Overhead (per unit) 1.85 Water Connection Fee (State Charge for each water hookup) 0.53 Water Usage: Minimum fee, includes up to 1,000 gallons of flow 6.00 Water meters up to and including 1" 6.00 Water meters over 1" and including 2" 15.72 Water meters over 2" and including 4" 21.95 Water meters over 4" 28.25 Water rate above 1,000 gallons 4.18 3.47 3.18 2.00 6.00 11 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 Fee Regulation Course 18 Hole Non-patron 35.00 18 Hole Patron 28.00 18 Hole Sr Patron 25.00 18 Hole Non-patron Senior Rate 28.00 18 Hole Non-patron League 35.00 18 Tournament 35.00 9 Hole Non-patron 19.00 9 Hole Patron 16.00 9 Hole Sr Patron 14.50 9 Hole Non-patron Senior 16.00 9 Hole Non-patron League 19.00 9 Hole Tournament 20.00 2nd Nine Non-patron 16.00 2nd Nine Patron 12.00 Sunrise/Sunset Rate 15.00 Twilight Non-patron 19.00 Twilight Patron 16.00 Junior Rate (patron/Non/patron) 20.50/11.50 18 Hole Sr Patron "Special" Monday-Tuesday before 1 pm 23.00 9 Hole Sr Patron "Special" Monday-Tuesday 14.00 Par 3 Course 9 Hole Non-patron 12.50 9 Hole patron 9.00 9 Hole Sr Patron 8.50 9 Hole Non-patron Senior Rate 9.00 9 Hole League 12.50 9 Hole Tournament 12.50 9 Hole Junior Rate 8.00 9 Hole Junior Non-Patron Rate 9.00 Junior Punch Card 80.00 9 Hole Sr Patron Special 8.50 Par 3 Twilight (afre 6 pm) all you can play 2nd 9 Par 3 7.50 Patron Cards Resident Adult Patron 75.00/70.00 Non-resident AduR Patron 115.00/110.00 Resident Senior Patron (age 62+) 45.00/40.00 Non-resident Senior Patron (age 62+) 80.00/75.00 Resident Junior Patron (17 yrs & under) 35.00/30.00 Non-resident Junior (17 yrs & under) 40.00/35.00 Driving Range Warm Up Bucket 3.00 Small Bucket 5.00 Large Bucket 7.00 10 Bucket Punch Pass 57.00 Large Patron Bucket 5.00 2011 Fee N/A N/A 9.50 9.50 10.00 12 City of Golden Valley 2011 Master Fee Schedule -Exhibit A Cart Rates 18 Hole Power Cart 18 Hole Tournament Cart 18 Hole Patron Cart 9 Hole Tournament Cart 9 Hole Power Cart 9 Hole Single Rider Cart 9 Hole Par 3 Power Cart 9 Hole Par Patron Cart Pull Cart/Regulation Course Pull Cart/Par 3 Course Trailer fee/Use of personal power cart 18 Hole Sr Patron Cart Special 9 Hole Sr Patron Cart Special Club Rentals 18 Hole full rental -Regulation 9 Hole full rental -Regulation 9 hole Par 3 half rental Locker Rental Season Daily Towel fee Miscellaneous Fees USGA Handicap Service MGA Non-patron Patron Annual No Show Fee 2010 2011 Fee Fee 30.00 30.00 24.00 19.00 20.00 19.00 20.00 N/A 15.00 16.00 5.00 4.00 14.00/9.00 24.00 16.00 20.00 10.00 10.00 20.00 1.00 2.00 40.00 24.00 FULL FEE Lessons Adult Group 95.00 Junior Group 60.00 Patk & Recreatio_n_Fees _ ~~ ~~A Non-Resident fee o($d,BB $5,00 is recommended io be added to Youth, Ad Wt and Senior Actlvhles.~ Youth Fees Baseball -Park 33.00 34.00 Basketball -Mites 39.00 42.00 Basketball -Youth 46.00 47.00 Bike Rangers 33.00 34.00 Catch, Kick & Throw 31.00 32.00 Chess Club 27.00 28.00 Drama Club (Summer) 58.00 59.00 Drama Club (Fall & Winter) 49.00 60.00 Explorers Hiking & Biking Club 31.00 32.00 Football -Flag 29.00 30.00 Football/Basketball/Soccer Skills 29.00 30.00 Ice Hockey Skills Camp 49.00 50.00 Ice Hockey -Rink Rat 46.00 Jewelry Making 31.00 32.00 Jump Rope 17.00 18.00 13 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 Fee 2011 Fee Park & Recreation Fees (continued). (ANon-Res{dent fez of $3:89$S.DO is recommended to Ge added to Youth, Ad Wt and Senlor AcEivi6es.~ ~~ __ Youth Fees -continued Kickball 28.00 29.00 Kids Club 38.00 44.00 Kids Korner 29.00 30.00 Pre-School Players 36.00 37.00 Pens, Pencils, Markers, & More 23.00 24.00 Pitch by Coach 33.00 34.00 Playgrounds Free Preschool Playtime -per time 3.00 Preschool Playtime- 10-time punch pass 25.00 Sand Volleyball 28.00 29.00 Soccer -Fall 32.00 .33.00 Soccer-Nerf 32.00 33.00 Summer Survivor 30.00 31.00 Tap & Ballet 36.00 38.00 T-Ball 33.00 34.00 Tennis Teen Team League 125.00 Tennis-Full Day Camp 190.00 195.00 Tennis-Half Day Camp 110.00 115.00 Adult/Senior Activities Ballroom Dance -Swing & Social 50.00 Basketball -Open Drop-in Fee 4.00 10-time Punch Pass 25.00 28.00 Belly Dancing 65.00 Bridge -Beginning 30.00 31.00 Bridge -Intermediate 30.00 31.00 Broomball - Co-Rec Resident 430.00 435.00 Non-Resident 520.00 525.00 Easy Photo Organization 15.00 Holiday Photo Greeting Cards 15.00 Hypnosis Classes (1 day) 22.00 Line Dancing 45.00 - 60.00 Painting (6-time Punch Pass) 39.00 Pilates/Yoga N/A $55-$95 Scrapbooking - °°~ 15.00 Self Defense -Tae Kwan Do 36.00 56.00 Soccer League - Co-Rec Resident 445.00 450.00 Non-Resident 595.00 600.00 Softball Leagues -Fall Resident 310.00 315.00 Non-Resident 435.00 440.00 14 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 ` 2011 Fee I Fee {ANon-Resident fee of $8,98 $5.00 is recommended to be added [o Youth, Adull and Senior AcCrviGes,~ Adult/Senior Activities -continued Softball Leagues -Spring/Summer Doubleheader Leagues Resident 615.00 620.00 Non-Resident 815.00 820.00 Single Game Leagues Resident 440.00 445.00 Non-Resident 595.00 600.00 Tennis Drills (2 lessons) 36.00 37.00 Tennis League- Mixed Doubles 26.00 Tennis League -Singles 20.00 Volleyball -Open Drop-in Fee 4.00 10-time Punch Pass 25.00 28.00 Yoga & Pilates 55.00 -95.00 Senior Programs Bowling Tourney 5.00 Coffee Talk 2.00 Craft Classes 6.50 - 16.00 Defensive Driving (refreshments only) 1.00 Humanities 2.00 - 5.00 Living Well and Wise 1.00 - 4.00 Lunch Events 8.50 - 16.00 9.00 - 16.00 Membership Dues 5.00 - 8.00 Money Matters 1.00 - 3.00 Remember When 1.00 - 2.00 Special Events 4.00 - 20.00 Trips -Extended 2-6 Days 200 - 2,000 200-1,000 Trips -One Day 6.50 - 95.00 7.50-95.00 Other Park & Recreation Fees Small Park Shelter Resident (up to 50 people) 80.00 85.00 Non-resident 90.00 100.00 Large Park Shelter Resident (up to 100 people) 95.00 100.00 Non-resident 105.00 120.00 Beer/Wine Permit Only with picnic shelter rental 20.00 Community Center Resident (over 75 people; 12 hours) 550.00 560.00 Non-resident (over 75 people; 12 hours) 635.00 645.00 Resident (up to 75 people; 5 hours max) 25 per hr Non-resident (up to 75 people; 5 hours max) 35 per hr Private Industry or Commercial Use Resident/Non-resident 50-60 per hr 55-65 per hr 15 City of Golden Valley 2011 Master Fee Schedule -Exhibit A 2010 2011 Fee Fee P_ ark & Recreation Fees. (continued) _ m __ (A Non-Resident fee of sd;Be $5.00 is recornmendedto be added to YouTh, Adult and Senior A<tivitles.f Other Park & Recreation Fees -continued Tennis Court Court/hr/wkday 5.00 Eve & Weekend 10.00 Picnic Kits 15.00/kit Athletic Field Per hour 35.00 W/Lights per hour 50.00 Non-Brookview General Park Usage per hour 35.00 Commercial Use of Park per hour 100.00 Park Building per hour 40.00 Hockey Rink per hour 35.00 Youth Athletic Association per player $5/resident (maitenance fee) $10/non-resident Invitational Tournament per field per day 50.00 16