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09-06-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber September 6, 2011 6:30 prn The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm � 1. CALL TO ORDER PAGES A. Roll Call 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 - July 5, 2011 and Council/Manager 3-10 Meeting - July 12, 2011 B. Approval of Check Register 1. City 11 2. Housing and Redevelopment Authority 12 C. Licenses: 1. General Business Licenses 13-14 D. Minutes of Boards and Commissions: 1. Planning Commission - July 25, 2011 15-18 2. Envision Connection Project Board of Directors - May 12, 2011 19-22 3. Bassett Creek Watershed Management Commission - July 21, 2011 23-34 E. Appointing Absentee Ballot Board Election Judges for City Election 11-38 35-37 F. Receipt of Safe & Sober Grant 11-39 38-39 G. Authorization to Sign Agreement with Allied Waste Services of North America, LLC 40-69 for Municipal Recycling Services H. Authorization for Installation of Watermain Lining on Brunswick Avenue North at 70-73 Duluth Street I. Proclamation for Cavalia: A Magical Encounter Between Human and Horse 74 J. Call for Public Hearing - Special Assessments - Delinquent Utility Bills and 75 Miscellaneous Charges - 10/4/11 K. First Consideration - Ordinance #468 -Adopting the Amended State Building Code - 76-78 Incorporation of 2011 National Electrical Code L. Support for Minnehaha Creek Watershed District to Manage the Aquatic Invasive 79-81 Species Efforts 11-40 M. Accepting Donations for Michelle Bix Garden 11-41 82-83 N. Authorize Purchase of 6305 Olympia Street for pouglas Drive Rehabilitation Project 84-85 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Adopting Proposed 2012 Budget and Proposed Tax Levies Payable in 2012 11-42 86-92 B. Set Date for Hearing - 2012-2013 Budget and 2012 Property Tax Levy- 12/6/11 93 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT Regular Meeting of the City Council July 5, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on July 5, 2011 at 6:30 pm. The following members were present: Freiberg, Loomis, Scanlon and Shaffer; and the following was absent: Pentel. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of July 5, 2011 as submitted. Approval of Consent Agenda MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the consent agenda of July 5, 2011 as amended: Removal of North Tyrol Park Playground Equipment - Quotes. *Approval of Minutes - Citv Council Meetinq - Mav 3, 2011 and Council/Manager Agenda - Mav 10, 2011 MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the City Council Meeting minutes of May 3, 2011 and Council/Manager Meeting minutes of May 10, 2011 as submitted. *Approval of Check Re„qister MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the payment of the City bills as submitted. *General Business Licenses MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the issuance of license as recommended by staff. *Solicitor's License - Sisters Camelot MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve the solicitor's license for Sisters Camelot. Regular Meeting of the City Council July 5, 2011 Page 2 *Gamblinq License Exemption and Waiver of Notice Requirement- People Respondina in Social Ministrv MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for People Responding in Social Ministry. *Minutes of�oards and Commissions MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - September 28, 2010 Open Space and Recreation Commission -April 25, 2011 Bassett Creek Watershed Management Commission - May 19, 2011 *Email from Jon Pawluk Rec�ardinq Resignation from Environmental Commission MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to receive and file the email from Jon Pawluk, dated June 27, 2011 regarding resignation from the Environmental Commission; and request the Mayor send him a letter of appreciation in recognition for his service to the community. North Tvrol Park Plavctround EQUipment - Quotes Council Member Pentel had questions park site planning. Thomas Burt answered questions from the Council. Mark Kuhnly, Chief of Fire and Inspection Services, updated the Council on discussions with FEMA. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the purchase and installation of playground equipment from the Iowest responsible bidder, Play Power/Flanagan Sales for $34,248. The quotes were as follows: Play Power/Flanagan Sales $34,248.00 Flagship Recreation $42,000.00 *Authorization to Siqn Service Aqreement with Missions Inc./Flome Free for Domestic Assault Intervention Services MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize the City Manager sign the agreement with Missions Inc./Home Free for domestic assault intervention services. Regular Meeting of the City Council July 5, 2011 Page 3 *Acceptance of Donation - Golden Vallev Federated Women's Club for Concerts in the Park Series Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-35 RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Approval of Six Month Extension for Filinq of Plat for Ralev Addition MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve an extension until January 14, 2012 to submit the final plat for the properties located at 5360 and 5380 Lowry Terrace. *Approval of One Year Extension for Filinq of Plat for Lots 11 � 12, Block 3, Glen Urban 2nd Addition (Janalvn Circle and Glencrest Road) MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve an extension until July 13, 2012 to submit the final plat for Lots 11 & 12, Block 3, Glenurban 2nd Addition. *Approval of Pedestrian Siqnal Improvements at State-Owned Traffic Signals MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to authorize purchase of the pedestrian signal equipment, estimated cost up to $35,659.82 plus tax, to be installed by the Minnesota Department of Transportation at 12 intersections in Golden Valley. Public Hearinq - Precious Metal Dealer License Renewal - Jewelrv Manufacturer's Exchanae, Inc. Thamas Burt introduced the agenda item. Jim Roberts, Sergeant, presented the staff report. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council July 5, 2011 Page 4 Public Hearinq - Precious Metal Dealer License Renewal -Jewelrv Manufacturer's Exchan�te, Inc. - Continued MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the Precious Metal Dealer License for Jewelry Manufacturer's Exchange, Inc. located at 678 Winnetka Avenue North. Public Hearinq - First Consideration - Ordinance #462 - Repealinq in its Entiretv Section 6:34: Tobacco and Addinq a New Section 6:34: Tobacco The following ordinance was MOVED by Freiberg, seconded by Pentel: ORDINANCE N0.462, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco Mark Kuhnly, Chief of Fire and Inspection Services, introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Freiberg, seconded by Pentel and motion carried to adopt on First Consideration Ordinance #462, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS -YES PENTEL - YES SCANLON - YES SHAFFER -YES Continued Public Hearinq - Second Consideration - Ordinance #460 - Interim Ordinance Imposinq a Twelve Month Moratorium - Portion of Doualas Drive Corridor - Block 1 and 2, Expresswav International Park and Approve Summarv Publication The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 460, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE An Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Regular Meeting of the City Council July 5, 2011 Page 5 Continued Public Hearinq - Second Consideration - Ordinance #460 - Interim Ordinance Imposinq a Twelve Month Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expresswav International Park and Approve Summarv Publication — Continued The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried to approve on Second Consideration, Ordinance #460, Interim Ordinance Imposing a Twelve Month Moratorium, Portion of Douglas Drive Corridor, Block 1 and 2, Expressway International Park. Upon a roll call vote, the vote was as follows: FREIBERG -YES LOOMIS - NO PENTEL -YES SCANLON - YES SHAFFER -YES MOVED by Pentel, seconded by Freiberg and motion carried to approve publication of the Summary Ordinance. Mayor Loomis voted no. Public Hearinq -Approval of Conditional Permit#119 -Amendment#2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant Joe Hogeboom, City Planner, stated staff is requesting consideration of the item be continued to the July 19, 2011 City Council meeting in order for the applicant to comply with the inflow/infiltration requirements. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to continue the public hearing for Approval of Conditional Permit#119, Amendment#2, 800 Boone Avenue North, DRAM Properties, LLC, Applicant, to the July 19, 2011 City Council meeting. Announcements of Meetinqs A Concert in the Park featuring Gypsy Mania will be held on July 11, 2011 at 7 pm at Brookview Park. The next Housing and Redevelopment Authority meeting will be held on July 12, 2011 at 6:30 pm. The next Council/Manager meeting will be held on July 12, 2011 immediately following the Housing and Redevelopment Authority meeting. Regular Meeting of the City Council July 5, 2011 Page 6 Announcements of Meetinas - Continued The Human Services Foundation Golf Classic will be held on July 15, 2011 at 8 am at the Brookview Golf Course. A Concert in the Park featuring Tubby Esquire will be held on July 18, 2011 at 7 pm at Brookview Park, followed by Envision Ice Cream Social. The Council will hold board/commission interviews on July 19, 2011 beginning at 5 pm. The next City Council meeting is July 19, 2011 at 6:30 pm. Mayor and Council Communications Mayor Loomis announced that the Metro Transit is conducting public hearings regarding adjustments to their service. The hearings will be held on July 6, 2011 at 5:30 to 6:30 pm at the Metropolitan Council Offices and on July 7, 2011 at 11:30 am to 1 pm at the Minneapolis Central Library. Mayor Loomis stated she has contacted the Human Rights Commission members and asked them to meet with her to discuss future plans for the Commission. Council Member Shaffer announced that he has decided not to run for City Council in the next election and thanked the Council, residents and staff for their support. Ad�ournment The Mayor adjourned the meeting at 7:26 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes July 12, 2011 Present: Mayor Loomis and Council Members, Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Finance Director Sue Virnig, Chief of Fire and Inspection Services Mark Kuhnly, Assistant Housing and Redevelopment Director Jeanne Andre, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Public Works Project Coordinator Ron Nims, Engineering Technician Mark Ray, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. The meeting began at 6:40 pm in the Council Conference Room. Submittal to MnDOT of Application for FY 2013 Metro Municipal Agreement Program for Flighway 55 and W6nnetka Avenue Improvements Jeannine Clancy explained that a traffic study was done as a result of the proposed land use changes for this area. As a result, staff has identified some conditions south of TH 55 and Winnetka Avenue that are at a less than desirable level of service. Staff has identified possible improvements and a potential funding source to offset the cost of some of the improvements. Mark Ray explained the goal is to improve operations at TH 55 and Winnetka Avenue. He referred to a map of the area and explained the potential improvements and how the new configuration will help users. The Co�uncil discussed traffic control in the area and the difficulties that currently exist for vehicles and pedestrians, specifically the pedestrian crossing at Harold Avenue. They also requested an accounting of the City's State Aid account and a list of state aid streets that have been reconstructed and the streets that need to be reconstructed. Tom Burt stated that a resolution for this item will be considered at the next City Council meeting. Douglas Drive Preliminary Design Jeannine Clancy introduced Jupe Hale of WSB & Associates, who came to the meeting to update the Council on the status of the Douglas Drive project. She noted that since the last update to Council a revised layout has been approved by the Hennepin County Transportation Department and Transit for Livable Communities. Nlr. Hale showed the Council a map of the Douglas Drive project area and discussed the preferred layout, including improved safety for traffic and pedestrians, closing access at Country Club Drive, lane configurations, traffic control at intersections including roundabouts and signals, landscaping, trails and bike lanes, and impacts to properties. There was also discussion regarding possible stormwater opportunities including water quality, rate control and the outFall to Bassett Creek, Clancy explained that the project team will continue working with Hennepin County staff to further develop the concept. Also, a neighborhood meeting will be held sometime in late summer or early fall and the design will then be reviewed again by Council. Continued Item — Ordinance #459 —Amending Section 11.23: Mediurn Density Residential Zoning District (R-3) Regarding Allowing Senior and Physical Disability Housing as a Conditional Use Joe Hogeboom reminded the Council that this item was discussed at their June 21, 2011 Council meeting. Since that meeting several modifications to the proposed ordinance have been made and staff is now seeking direction on proceeding with the proposed ordinance to allow Council/Manager Meeting Minutes July 12, 2011 — Page 2 higher-density senior and physical disability housing with a conditional use permit in the R-3 zoning district. The Council discussed the front setback requirements, the number of units per acre allowed and the location of accessory structures. Council asked that the language regarding the height for senior or physically disabled housing structures versus the height for non-senior or physically disabled housing structures be clarified. Hogeboom stated that he would work on clarifying the language regarding height and bring the ordinance to a future City Council meeting. General Land Use Plan Amendment— 345 Pennsylvania Avenue South Joe Hogeboom referred to a concept development plan submitted by Lakewest Maki, LLC regarding the property at 345 Pennsylvania Ave. S. He explained that the developer would like to keep the existing o�ce building on the north end of the property in place and develop single family homes on the south half of the property. The property is currently designated Mixed Use. The developer is asking the Council to consider amending the General Land Use Plan by changing the land use designation on the south end of the property to Low Density Residential. The Council discussed various issues regarding the property including access to the proposed new lots, size of the proposed Iots, setbacks, noise and truck traffic in the area, and whether this would constitute spot zoning. They discussed if a town home project might be a better option. After discussion, the Council consensus was that this property is inappropriate for single family residential but they would be open to discussing other creative ideas. Impact of State of Minnesota Shutdown Mark Kuhnly explained that State of Minnesota does all of the electrical and plumbing permits for the City. Due to the recent shutdown at the State he has been talking to neighboring communities and the League of Minnesota Cities about contracting for inspection services for all electrical projects and plumbing plan reviews. After discussion the Council consensus was to contract with an individual from the State to do the electrical permit inspections. Tom Burt said he would bring an ordinance allowing the City to conduct its own electrical inspections and authorization to contract with an electrical inspector to the July 19, 2011 City Council meeting. Biennial 2012-2013 Proposed General Fund Budget Tom Burt stated that the proposed budget provides for lower general fund expenditures but maintains services at the same level. However since both commercial and residential property values are going down, there will be a $26 increase in property taxes to the median home. The Council reviewed the following budget categories: Council, City Managers, Administrative Services, Transfers Out, Legal Services, Planning, Risk Management Insurance, Fire and Inspections, Park and Recreation, Community Centers, and Recreation Programs. After discussion and several questions, no significant changes were requested. The meeting adjourned at 9:15 pm. Lisa Wittman Administrative Assistant Git� r�f /� P Finance O ' ;e� N� �/ 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. f� n �/ P Finance o ' �i l Vt+ V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. f � �I /� P Inspections 0 " V� 1r� V 763-593-8090/763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4913 Lupient Buick, GMC New/Used Vehicle Dealer $400.00 7100 Wayzata Boulevard #4923 Jim Lupient Infiniti New/Used Vehicle Dealer $400.00 7200 Wayzata Baulevard #4922 Morrie's Cadillac, Inc. New/Used Vehicle Dealer $400.00 7400 Wayzata Boulevard #4921 Jaguar/Landrover Mpls New/Used Vehicle Dealer $400.00 8905 Wayzata Boulevard #4915 Carousel Porsche New/Used Vehicle Dealer $400.00 9191 Wayzata Boulevard #4916 Carousel Audi New/Used Vehicle Dealer $400.00 9393 Wayzata Boulevard #4911 Borton Volvo, Inc. New/Used Vehicle Dealer $400.00 905 Hampshire Avenue South #4914 Rudy Luther Toyota New/Used Vehicle Dealer $400.00 8805 Wayzata Boulevard #4917 Poquet Auto Sales, Inc. New/Used Vehicle Dealer $400.00 800 Lilac Drive North #4918 North Point Automobiles New/Used Vehicle Dealer $400.00 d/b/a Auto Luxe 9130 Olson Memorial Highway #4925 US Fleet Lease, LLC New/Used Vehicle Dealer $400.00 2420 Nevada Avenue North #4920 ABC Cars & Leasing New/Used Vehicle Dealer $400.00 1200 Mendelssohn Avenue North Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Regular Meeting of the Golden Valley Planning Commission July 25, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, July 25, 2011..Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, McCarty, Schmidgall, and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. Commissioner Segelbaum was absent. 1. Approval of Minutes June 27, 2011 Regular Planning Commission Meeting Cera referred to the third sentence on page 2 and stated the first use of the word "to" should be removed. MOVED by Kisch, seconded by McCarty and motion carried unanimously to approve the June 27, 2011 minutes with the above noted correction. 2. Informal Public Hearing — Conditional Use Permit Amendment— 9315 Medicine Lake Road — CU-68 Amendment#1 Applicant: McDonald's USA, LLC Addresses: 9315 Medicine Lake Road Purpose: To allow for the addition of a second drive-thru lane for property located in the Commercial zoning district. Grimes referred to a site plan of the property and explained that McDonald's is proposing to remodel their store and add a second drive-thru lane. In order to add the second drive- thru lane, McDonald's needs to amend their existing Conditional Use Permit which was issued in 1997. He referred to the Deputy Fire Marshal's memo and noted that in order to improve fire access on the site the drive aisles need to be increased to 20 feet in width which will reduce the parking on site. McDonald's will be asking the Board of Zoning Appeals for a variance from the parking requirements as well. Grimes stated that staff is recommending approval of this request because new plan allows fvr better emergency access and the drive-thru configuration will allow more capacity for stacking cars in the drive-thru lanes. Kisch referred to the proposed site plan and questioned if the Deputy Fire Marshal is satisfied with the 20-foot drive aisle ending at the Mendelssohn access. Grimes said it is his understanding that the Deputy Fire Marshal is satisfied with McDonald's plan and it will be an improvement over the current conditions. Minutes of the Golden Valley Pianning Commission July 25, 2011 Page 2 Kluchka questioned why the Planning Commission reviews drive-thru proposals. Grimes explained that the City's biggest concern with drive-thru requests is to make sure they don't cause problems with traffic backing up on the public streets. He added that staff also has concerns about potential speaker noise with drive-thru operations. Waldhauser added that exhaust and smells could also be of concern. Brian Johnson, Architect with Reprise Design, explained how they are meeting the requirements of the fire code. He explained the proposed drive-thru procedure and described the layout of the order kiosks and cash booth and how the layout will provide faster service and allow more room for stacking cars. Kluchka asked if there are any plans for enhancing the landscaping. Johnson said yes there will be landscaping added to the site. Kluchka said he would also like to encourage the addition of bicycle racks. Grimes stated that a condition of approval should be added requiring McDonald's to provide a rack for 5 bicycles. Kisch referred to the demonstrated need for use requirement in the City Code and noted that the applicant's narrative states that the drive-thru volume is increasing but he questioned if the overall sales have also increased. Ray Croaston, Applicant, explained that when the restaurant was originally built the drive-thru sales were approximately 45% of their business. Now the drive-thru sales represent approximately 65% to 70% of sales. He stated that with the remodel they are anticipating the sales volume going up and they are also reviewing their entire landscaping plan. Waldhauser asked if there will be any change to the signage. Croaston showed the Commission an elevation sketch of the proposed remodeled store and noted that there will be slight changes in the signage. Kluchka asked if there is currently a problem with cars stacking. Croaston said the new drive-thru configuration will help with the flow. Waldhauser asked if the playland area will remain. Croaston said yes and explained that the demographic information shows that a playland makes sense in this location. Kisch asked if the number of seats in the dining room will change. Croaston said the dining room will be completely remodeled and there will probably be fewer seats. McCarty asked if they will have enough parking spaces if their variance request is granted. Croaston said yes and added that he has worked with other stores that have the same sales volume that have 50 to 60 parking spaces. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend approval of amending Conditional Use Permit CU-68, 9315 Medicine Lake Minutes of the Golden Valley Planning Commission July 25, 2011 Page 3 Road, to allow for the construction of a second drive-thru land subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. 2. The site plan prepared by Reprise Design and titled "McDonald's Restaurant" shall become a part of this approval. 3. There shall be a minimum of 78 parking spaces on the property. 4. All improvements to the building must meet the City's Building Code requirements. 5. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 6. A bicycle rack with space for at least five bicycles shall be installed and shall be secured to either the ground or building. 7. An Infiltration and Inflow Inspection and required compliance rehabilitation identified by the inspection must be completed prior to approval of the amended CUP by the City Council. If the rehabilitation cannot be completed by the time of the approval of the amended CUP by the City Council, McDonald's USA, LLC may post an escrow (in a form approved by the Director of Public Works) of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time, the City has the right to use the escrow to complete the work. 8. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal and dated July 19, 2011 shall become a part of these requirements. 9. All other applicable local, state and federal requirements shall be met at all times. The Planning Commission bases its recommendation on the following findings: • The proposed design will reduce the back-up of traffic onto the street. • The proposed design will create better emergency access roads and driveways than currently on the site. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Kisch reported on the July 19 City Council meeting where the Council adopted the amended Board of Zoning Appeals language and the language regarding Temporary Uses. Grimes announced that SuperAmerica is having a neighborhood meeting to discuss their proposed Conditional Use Permit Amendment on August 4, 2011 at 7pm at Brookview Community Center. Minutes of the Golden Valley Planning Commission July 25, 2011 Page 4 4. Other Business Kluchka questioned how to get the City Council to look at public health policies. He also said he would like to creatively look at how the City approaches and promotes public health and how the City can get businesses to support public health policies. Kisch suggested staff review other communities parking requirements. Grimes agreed. Waldhauser noted that the MnAPA state conference this year is being held in St. Cloud in September. Commissioners Kluchka, Waldhauser and Kisch expressed interest in attending. Grimes said he would review the budget for conference expenses and send the Planning Commission the website information to register for the conference. 5. Adjournrnent The meeting was adjourned at 7:45 pm. David A. Cera, Secretary Envision Connection Project Executive Board May 12, 2011 7 pm, Brookview Community Center, Conference Room Directors Present: Linda Loomis, Chair, Lynn Gitelis, Jim Heidelberg, Helene Johnson, Philip Lund, Dean Penk, Marshall Tanick, Blair Tremere Directors Absent: Sharon Glover, Cindy Inselmann, Luke Weisberg Staff: Sandy Werts. 1. Call to Order The meeting was called to order at 7:15 pm 2. Approval of Agenda The Agenda was approved as presented. 3. A►pproval of the Minutes of April 20, 2011 Motion: It was moved by Penk and seconded by Johnson to approve the Minutes of April 20, 2011 as written. The motion passed unanimously. 4. New Business None 5. Community Foundation Update According to Tremere, the Transition Committee is still meeting with Attorney Charlie Levene of MAP on the Articles of Incorporation. They hope to file on 5/20/11. Glover, Lund and Weisberg are working on the grant making aspect. Connie Sandler is working on marketing. Penk reported that he and Mayor Loomis met with the Human Services Foundation to help them understand their role with the new Foundation. They have been asked to come up with a name change and the city charter will be changed. 6. Bridge Building Activities • Bridqe Builders Quarterly Meeting—The meeting will be on Saturday, June 4 at 10 am at the Struthers Parkinson Center. Enter from Country Club Drive. There will be a tour of the facility after the meeting. A generic agenda was mentioned. Werts said she would send notices to the Envision List serve and I-neighbors. She was also asked to send it to the Golden Valley Patch. Tanick said he would send Werts the information to go into the notices. Locations for future meetings include LOGIS and the new MS research center. Werts will look for the agenda and send to Tanick. • Farmers Market— Leslie Hendricks asked if the Envision Board would discuss finro things 1) if they would brainstorm ideas for events at the market either at the Envision meeting or a separate meeting and 2) if a person from Envision would serve on their advisory board. It was suggested that Hendricks and Frey be invited to the Bridge Builders meeting to discuss these items. It would give a focus to that meeting. Gitelis volunteered to serve on the Farmers Market Board. • Lilac Plantinq —There is nothing new to report at this time. The next meeting is Monday, May 16. • Valley Volunteer Day - Penk said that Jennifer Lara will be at Valley Days in the afternoon. She will contact Werts with updates to the Valley Volunteer Day flyer. • Neiahbors Helping Neiqhbors —The Neighbors Helping Neighbors Blitz was April 30. There were lots of volunteers and lots of rain according to Loomis. The Volunteers picked up brush for those that needed and brought it to the curb for the city to pick up. The volunteers could not rake or wash windows because of the rain. Werts said that Prism and HOME were rescheduling with their respective clients. • Envision Award -Lund offered to prepare a nomination for the Golden Valley Human Services Foundation. • Memorial Dav—The display Golden Valley Remembers, on display at the Library and City Hall, was put together by DeDe Scanlon and Mary Wells. It features photos and memorabilia of residents of Golden Valley or their family members who served in the armed services since the Civil War. It will be on display through the end of July. A suggestion was made that a sign should be made to go up at both sites telling that the display is also up at either city hall or the library. • Ice Cream Social - Penk said the special flavor for the 125th Anniversary is Golden Valley Sunflower. Werts had a number of questions for the group. 1. Is the event rain or shine—Werts will check on a rain date for the band, the week after the concert series ends. 2. Selling T-shirts and Mugs —yes, if available 3. Sponsors —same as last year, plus one or two. Werts will check with Andy Soltvedt about the GV Federated Women's club as a sponsor. 4. Who scoops the ice cream? City Council, Envision Board and Commissions. The Commissions should be sent an invitation. 5. Signs — New date stickers are needed, the information at the bottom of the sign should be outlined in black. The girl on the flyer should be given eyes. 6. Promotional Table—only for selling cups and T-shirts. Info can go on same table. • Garden Club - The club will plant the Winnetka Planters Memorial Day weekend. The plant sell will be at Valley Day in the parking lot of the shopping center on the north side of Hwy 55. 7. 125 Anniversary Planning • Activities —Tanick and Werts reported on activities that have occurred or are coming up. Tanick said his presentation on Famous Legal cases was well received. He is planning on presenting it to the Optimist Club, Rotary and Senior Center. A suggestion was made to record the presentation and show on Channel 16. • Werts asked if there should be a city council proclamation for the 125tn Anniversary. It was suggested to do it now and to ask Jeanne Andre for help. • Fund Raising —Tremere is working on fund raising. Mike Kisch has some good ideas • Tremere said that at this time, there will not be lapel pins. He is planning on making buttons to sell at Valley Day • Monthly Articles on Community Organizations —Werts included the April article on the Garden Club in the packet. • Time Capsule —Tremere plans to have a "faux" time capsule at Valley Day and ask for people to put their ideas or a check in it. • An article about the 125t" Anniversary will be in the west metro section of the Star Tribune on Wednesday. • Next Meeting — May 26 —6:30 pm at Brookview— Sumac Room 8. Valley Day • Set up — Lund said that three tents are needed: Tent 1 — Envision, Tent 2 — Parks and Recreation and Bassett Creek Watershed District and Tent 3 — Lilac Planting. The 125t" Anniversary will be in the small pavilion with the Historical Society. Werts will have signs prepared for the organizations. • Staffing — Lund asked for the committee to sign up for two hour shifts from 10amto3pm. • Handouts —Werts reviewed the handouts and will make copies of all. A count will be made to see how many are picked up. 9. Communications • Board and Commission Dinner— May 24, at Brookview Community Center. Werts will turn in the names of Envision members attending the dinner. Mayor Loomis will give a synopsis of what is going on in Golden Valley. She will ask for nominations for the Hall of Fame. 10.Recruitment of Members to Executive Board —Tabled. 11,Upcoming Meetings —June 16, July 21, August 18 (Johnson will not be present for the June Meeting) 12.Adjournment The meeting was adjourned at 9:03 pm. BCWMC July 21,2011,Meeting Miautes Bass��x Creel�Watershed Management Cnmmissian Minutes of the Meeting of�uly 21, 2011 1, CALL TQ QRDER The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:39 a.m.,on Thursday,June 21,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert conducted roll caD. ROLL CALL Crystal Commissioner Pauline Langsdorf Administrator Geoff Nash Golden Valley Linda Loomis,Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Commissioner Michael Welch,Treasurer Recorder Amy Herbert Minnetonka Absent New Hope Commissioner John Elder Plymonth Commissioner Ginny Black,Vice Chair Robbinsdale Absent St.Louis Park Commissioner Jim de Lambert,Secretary Note: Commissioner Wayne Sicora,Robbinsdale,arrived after roll call. Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Pat Byrne,BCWMC Technical Advisory Committee,City of Minneapolis Jeannine Clancy,BCWMC Technical Advisory Committee,City of Golden Valley Jack Frost,Metropolitan Council Environmental Services Christopher Gise,Watershed Resident Lee Gustafson,BCWMC Technical Advisory Committee,City of Minnetonka Dave Hanson,Alternate Commissioner,City of Golden Valley Ann Krogman,Metropolitan Council Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Joseph O'Brien Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Liz Stont,BCWMC Technical Advisory Committee,City of Minnetonka Liz Thornton,BCWMC Education Committee Sue Virnig,BCWMC Deputy Treasurer 1 BCWMC July 21,2011,Meeting Minutes 2.APPROVAL C)F AGENDA AND►CONSENT AGENDA Comm➢ssioner Black moved to approve the Consent Agenda and the Agenda.Commissfoner Elder seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. �. CYTTZEN I1�TP�T QN NON-AGENDA ITEMS No Citfzen Input on Non-agenda Items 4. ADMI1vISTRATION Presentation of June 16,Z011,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. Presentation of Financial Statements.The July Financial Report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the July 2011 Financial Report are as follows: Checking Account Balance $570,219.82 TOTAL GENERAL FUND BALANCE $570,219.82 Construction Account Cash Balance 3,286,409.67 Investment due 9/16/2015 512,059.83 TOTAL CONSTRUCTION ACCOUNT 3,286,409.67 BALANCE -Less: Reserved for C1P projects 4,941,603.82 Construction cash/investments available (1,143,134.32) for projects Presentation of Invoices for Payment Approval. i. Barr Engineering Company—Engineering Services through 7/2/11—invoice for the amount of $51,073.81. ii. Watershed Consulting,LLC—Geoff Nash Administrator Services through 6/30/11—invoice for the amount of$3,458.55. iu. Amy Herbert—June Administrative Services—invoice for the amount of$4,449.17. av. D'amico-ACE Catering—June BCWMC watershed tour catering—invoice for the amount of $143.48. v. D'amico-ACE Catering—July BCWMC meeting catering—invoice for the amount of$258.85 vi. League of Minnesota Cities Insurance Trust(LMCIT)—Premium for LMCIT Property/Casualty Insurance Caverage—invoice for the amount of$3,827.00. vii. MMKR —Final billing for Fiscal Year 2010 audit—invoice for the amount of$3,675.00. 2 BCWMC July 21,2011,Meeting Minutes [Corrcmissioner Sicora of Robbinsdale arrived.J Chair Loomis commented on the budget to-date of Engineering Services and asked staff for an update on that budget item as part of the BCWMC's mid-year budget update at the August BCWMC meeting. Commissioner Black moved to approve payment of all of the invoices.Commissioner de Lambert seconded the motion.Bv call of roll the motion carried unanimouslv with seven votes in favor[City of Minnetonka absent from vote. City of Robbinsdale abstained from the vote]. 4D.Explanation of BCWMC N�inancial Documents and Discussion on Possible Revisions.Chair Loomis said that the reason this item is on the agenda is because the Commission Administrator and Engineer are having difficulties determining how much money the Commission has collected under Ad Valorem taxes for projects that have subsequently been closed thereby leaving money available to be used for the Commission to pay for fntnre CIP projects and to reduce future levies. Chair Loomis said that the Commission asked its Deputy Treasurer,Sue Virnig,to attend today's meeting to be able to discuss the current reporting methods.Chair Loomis asked if the Engineer or Administrator wanted to summarize what information they learned through their meetings with Ms.Virnig or if the Commission wanted to sart with Ms.Virnig to summarizing what she had explained to the Engineer and Administrator. Chair Loomis added that she also has spoken to Ms.Virnig about the financial report and thinks that the Commission may need to have a separate item on its�nancial report that shows its closed account balance so that the Commission knows what could be applied to reduce a levy in a current year. Administrator Nash commented that what has caused problems for the Administrator and Engineer is that the closed projects money gets put back into the general fund,which makes it difficult to discern exactly the closed account balance that could be used for future projects.Ms.Chandler volnnteered to summarize what had been discussed prior to today's meeting.Ms.Chandler went through the financial report with the Commission and detailed how the Commission currently handles its money.Ms.Chandler recommended that the Commission initiate sub-accounting for its projects that use ad valorem tax levies monies in order to track those projects separately just like the Commission already separately tracks its flood control long- term maintenance,flood control emergency maintenance,and channel maintenance.She noted that the TMDLs should also be separately tracked.She said that it would require extra work but it would allow the Commission to more easily see what funds it has available for capital projects. The discussion brought up the Commission's practice of reimbursing its CIP administrative costs by annually moving 2.5% from its construction account to its administrative account.Chair Loomis commented that the Commission will need to examine that policy as well.Mr.LeFevere remarked that in today's economy the Shingle Creek Watershed Management Commission is not recovering the amount that it has certi�ed to the County much less the higher amount that the County levies to try to ant�cipate for those tax non-payments.Mr.LeFevere said that the way the contracts are set up is that an amount is certified to the County and the contract with the city says that the Commission will use its best efforts to secure tax funds in that amount and the city will get that amount less the Commission's expenses.He said if the Commiss�on isn't tracking what it's getting from the levy then it doesn't know vvhat's available to the city.Mr.LeFevere said that he isn't sure that the money has been tracked that way with the funds coming in assigned to individual projects.He suggested the Commission keep a close eye on that side of the budget as well as what Ms.Chandler had discussed.He said that when the levy monies come in they aren't identi�ed as to which projects the monies are for but the Commission could prorate the projects within the year and take whatever the gercentage is of the incoming levy money. Ms.Virnig walked the Commission through items on the Commission's Construction Account worksheet and described how the numbers are calculated. Mr.Gustafson commer�ted that he thought the Commission owes it to its member cit�es and its const�tuents to have a budget document that is easy to understand and is transparent.He suggested that the Commission consider changing its CIP project administrative reimbursement from 2.5% to 2.6% and use 3 BCWMC July 21,2011,Meeting Minutes that e�ctra 0.1% to fund the administrative costs it would take to have a complete new�nancial system that could track funds on a project-per-project basis including funds like interest generated on the flood control emergency maintenance and flood control long-term maintenance funds. Mr.Mathisen cautioned the Commission to be careful of what it wishes because not enough information is a problem but too much information is difficult to understand as well. Commissioner Welch remarked that proper expenditure needs to be made so that the Commission's financial tracking is clear and transparent. He said that he thinks the Commission needs to direct its Administrator to work with the Commission's Deputy Treasurer and Engineer to look at new financial reporting options.Ms.Clancy asked if the Commission would be willing to expand that group to include a policy member of the Commission and a member of the TAC.The Commission agreed and Commissioner Elder and Mr.Gustafson volunteered. Commissioner Black moved that the Commission's Administrator,Deputy Treasurer,Engineer,and Commissioner Elder and TAC member Gustafson work to come up with a format for a new accounting and computer system that will allow the Commission track projects in a more transparent manner. Commissioner Welch seconded the motion.Commissioner Welch said that another issue that needs to be addressed at the same time is internal communicahons about e�enditures and income such as the Commission specifying budget5 when directing expenditures.The motion carried unanimouslv with eisht votes in favor[City of Minnetonka absent from vote]. 4E.Commission Liaisons for Upcoming TAC Meetings. Commissioner Elder volnnteered to attend the Commission's August 4�'TAC meeting as the Commission-TAC liaison. Chair Loomis volunteered to be the liaison at the TAC's September ls`TAC meeting.The Commission discussed the TAC's August agenda and directed the TAC to look at the following issues: • Possible changes in current BCWMC policies for redevelopment projects and liner projects in terms of water quality treatment and non degradation because current policies allow increases in nutrient loading. • Discuss other watersheds'approaches to wetland banking trading-namely Ramsey-Washington and Nine 1Vlile Creek's programs.Discuss the costs to update and maintain the programs. • Discuss speci�c locations for possible placement of the pressure transducers that the BCWMC voted to purchase for reading lake level elevations. The Commission indicated approval of the August TAC agenda. 4F.Resolution 11-06—A Resolution Accepting a Donation for Lake Monitoring.Ms.Black moved to approve Resolution 11-06 for the BCWMC to accept a donation from Caroline's Kids Foundation in the amount of$550 to be used for the BCWMC's participation at the second monitoring site on Sweeney Lake for the Metropolitan Council's 2011 Citizen-Assisted Monitoring Program.Commissioner Elder seconded the motion.The motion carried unanimouslv with ei�ht votes in favor[City of Minnetonka absent from vote]. 5.NEW BUSINESS A. Discuss Wirth Lake Outlet Structure Feasibility Report.Ms.Chandler drew the Commission's attention to the July 12,2011,Barr Engineering memo fncluded in the meeting packet.5he explained that the memo detailed the changes made to the�nal draft of the Wirth Lake Outlet Structure Feasibility Report based on the following comments received in June about the draft report: • Add language clarifying the impacts of this project on the proposed 2012 Bassett Creek Main Stem restoration project work adjacent to it in Wirth Regional Park; • Clarify that the rubber check valves' installation will not change the existing outflow 4 BCWMC July 21,2011,Meeting Minutes characteristics at the Wirth Lake outlet; • Clarify the rubber check valves'effect on fish passage at the Wirth Lake Outlet. She discussed the revisions in detail and asked that the Commission approve the final feasibility reporf� Commissioner Black moved to approve the final feasibility report. Commissioner Langsdorf seconded the motion. Commissioner Welch asked for clarification that the rubber check valves don't have any mechanical elements.Ms.Chandler said that he is correct and thaY the valve operates via hydraulic pressure.Commissioner Welch asked if the comments from the Minnesota Department of Natural Resources(DNR)were provided in written form.Ms. Chandler said no,not before the state government shut down but said that she could pursue obtaining them.Commissioner Welch asked her to do so,commenting that he thought that a project to improve water quality should prove favorable to a fish stocking program and that he was surprised by the DNR's neutral position on the project. The motion carried with eisht votes in favor[City of Minnetonka absent from vote]. B. Annual CIP Review—Discass 2013 Projects.Administrator Nash said that the recommended Commission action on this item is to approve the addition of two projects to its Capital Improvement Plan(CIP)for 2013.Administrator Nash described the projects.He e�cplained that one project has been renamed the Four Seasons Mall Wetland Enhancement Project in Plymouth from the former name of the NB-07 Project as listed in the Commission's Watershed Management Plan.His said that the project's goal is to reduce phosphorous loading into Northwood Lake and has an est�mated cost of $943,000,which would be assessed for 2013. Administrator Nash said that the second proposed project for 2013 is the Lakeview Park Pond project in Golden Valley.He said that the goal of the project is to reduce total suspended solids and phosphorous and the estimated project cost is$196,000 to be assessed over two years so that$150,000 of the cost would be assessed for 2013 and$46,000 would be assessed for 2014. Commissioner Black noted that the Lakeview Park Pond project is estimated to remove 52% of the phosphorous from stormwater draining into Medicine Lake and has a project cost of$196,000 compared to the$943,000 cost of the Four Seasons Wetland project,which is estimated to remove phosphorous loading into Northwood Lake by only 14%.She asked Plymouth TAC Member Derek Asche to provide more details on the Four Seasons project and to speak to the point that she just raised. Mr.Asche discussed that the original NB-07 project was to dredge a wetland just south of the Four Seasons Mall for some phosphorous reduction.He said that because of changes in wetland mitigation requirements it is unlikely that dredging out the area for the 14% reduction in phosphorous would be worthwhile.Mr.Asche said that the project has been expanded into more of a wetland enhancement project where habitat could be created and phosphorous could be reduced.He added that the project could be possibly combined with the redevelopment of the Four Seasons Mall site.He stated that the City of Plymouth received a grant to look at the redevelopment of the Four Seasons Mall site,which is essentially 85% impervious surface today.He said that the grant allows for the City to look at surface water management for the site.Mr.Asche said that as a result of the City and the Commission wanhng to do projects at this site,vvhich is now a possible redevelopment site,there is the opportunity to come up with a comprehensive way to address the Commission's goal of reducing phosphorous,Mr.Asche said that the redevelopment project would need to meet the Commission's requirements for redevelopment projects but the City is looking at ways the project could go above and beyond those redevelopment projects.Commissioner Elder commented that if the project's goal is to lessen the amount of phosphorous gorng fnto Northwood Lake then at would seem to make sense to add on to the project the portion of New Hope on the other side of Highway 169 that leads into Northwood Lake. Mr.Asche said that the City will be in touch with staff about that and said that it does make sense and that Plymouth has mentioned it to New Hope staff. Ms.Black asked if the$943,000 cost estimate could go up.Ms. Chandler saad that the$943,000 cost estimate assumes the project includes dredging but changes could happen as the Four Seasons Mall 5 BCWMC Ju1y 21,2011,Meeting Minutes project gets beyond the conceptual phase.She said that the project could end up lool�ng a lot different. Ms. Chandler said that the dredging project would be large and expensive because there are 37,000 cubic yards of material to be excavated and the wetland status could pose complications. Mr.Asche commented that in the West Medicine Lake Park Pond project the wetland needed to be mitigated to almost one-to-one,which ended up being almost half of the project cost.Commissioner Black asked if Mn/DOT has been asked to participate in the Four Seasons Mall Wetland Enhancement project.Mr.Asche said that he has been in touch with Mn/DOT since a portion of the project does end up in its right of way.He said that Mn/DOT was interested at that time in terms of being fnvolved in the discussion but didn't make any commitments. Commissioner Welch said that there remains a lot of moving parts to this project and wondered when the goal identi�cation stops and the feasibility study process starts.He suggested that the next step should be identifying how to design a feasibility study and the cost it would take to bring someone in to do the feasibility study in order to bring a good pfcture of the project in front of the Commission. Ms. Chandler said the process would be for the cities and the Four Seasons Mall process get further along and identify the storm water treatment alternatives that seem most promising.She said that after that point the Commission would have a better idea of what the project could look like and could begin the feasibility process. Ms.Black asked about how much leeway the Commission has to change a project's date and cost without needing a Plan Amendment.Ms.Chandler responded that this project is already in the Commission's Plan and the Commission can change the year of the project without a Plan Amendment. She said that there is limitation on changing the dollar amount based on cost of living increases and a certain percentage of the project cost.Commissioner Welch said the limit is 20% of the project cost. Ms.Chandler reminded the Commission that any project with a cost greater than$500,000 that is using ad valorem dollars requires a minor plan amendment due to Hennepin County requirements. Chair Loomis mentioned that there is the possibility of spreading the cost of this project over two years. She pointed out the listed projects on the Commission's CIP table updated February 9,2011,and said that it would be possible for some of this project to be levied for 2014. Commissioner Black moved to approve adding both projects discussed to the Commission's CIP for 2013.Commissioner Elder seconded the motion.Commissioner Welch commented that this action is a fantastic step in the right direction for the Commission starting its CIP process earlier.He asked Ms. Chandler if the cost estimates presented today are the amounts listed in the Commission's Plan.Ms. Chandler said yes.Ms.Chandler commented that the phosphorous reduction discussed in the two projects isn't an apples to apples comparison.She said that the 14% reduction in phosphorous discussed in the Four Seasons Mall Wetland project is talking abont the reduction in the entire watershed of Northwood Lake and the 52% reduction discussed for the Lakeview Park Pond project is treatment provided by the pond for the watershed draining into it. The motion carried unanimouslv with ei�ht votes in favor[City of Minnetonka absent from vote]. C. Tennant Company Improvements: Golden Valley. Ms. Chandler said that more information was handed out today on the project and she passed around product catalogs abont the sand filters.She explained that the project is a 4.9 acre site in the City of Golden Valley.She said that the project is in front of the Commission because it proposes an alternative treatment for storm water and an increase in impervious surface of 0.24 acres.Ms. Chandler said that it is important to note that the project is in the Sweeney Lake watershede Ms.Chandler explained that with the addition of the 0.24 acres of impervious surface 4.38 acres of the 4.9 site will be impervious.She said that 3.1 acres of the site will be graded.Ms. Chandler added that there will be some structural improvements done to the building as part of the project,which isn't part 6 BCWMC July 21,2011,Meeting Minutes of the Commission's review.She said there are no floodplain issues and commented that prior to this redevelopment there was no rate control on the site. Ms. Chandler said the project proposes an underground sand�Iter and reminded the Commission that its policy is that projects proposing underground treatment as an alternative water quality treatment be brought in front of the Commission.Ms. Chandler said that previously there was no water guality treatment on the site but the Commission's redevelopment policy requires redevelopment to meet nondegradation requirements.She summarized that with the proposed sand filters and the pre- treatment basin the project meets the requirements of the Commission by providing enough treatment for the whole site to meet the Commission's nondegradation requirements.She said that the permit applicant is considering installing some sump manholes to keep the sediment in place but cost is a factor.Ms.Chandler said that the July 12,2011,Engineer Memo listed four conditions for the permi� She reported that the�rst two conditions have been met since the memo was sent to the Commission. She said that the Commission Eagineer recommends approval of the project based on the two remaining conditions,listed as numbers 3 and 4 in the Engineer memo: 3.Sump manholes should be considered along the storm sewer leaving the site to the northeast. 4.A maintenance agreement for the bioretention basin and storm chambers must be established between the City of Golden Valley and applicant.Submittal by the agplicant indicates maintenance of the sand�lter is required when sediment has collected to 3-inches inside the storage chamber. The sand filter will be cleaned with a vacuum truck equipped with a culvert-cleaning nozzle.The sand�lter will be replaced if it no longer drains within 48-hours of a storm event. Ms. Chandler said that she recommended modifying condition number 3 by inserting the words"SAFL Baffles"so that the condition begins"Sump manholes and SAFL Baffles..."She recommended modifying condition number 4 to read,°G....Submittal by the applicant indicates that the maintenance agreement must include the following maintenance actions,which were provided by the applicant,and include..." Ms. Chandler fielded specific questions on the size of components of the storm chamber,how the chambers are cleaned out,and how much runoff the drainage areas treat.Mr.Mathisen asked if the Commission's policies don't require this redevelopment project to treat the whole site to one-inch runoff treatment.Ms.Chandler indicated no and explained it is because this redevelopment project is less than five acres. Commissioner Welch commented that this discussion is indicative of the urgency with which the Commission needs to revise its standards.He said that this redevelopment project is in the Sweeney Lake watershed,Sweeney Lake is an impaired waterbody,and one of the things discussed in the Sweeney Lake TMDL is the lack of opportunities for redevelopment where treatment could be increased.He said that this project doesn't make the water quality any worse but a lot of phosphorous could be removed from almost�ve-acres of impervious surface. Commissioner Welch asked for the addition of a third condition that the applicant consider or investigate the addition of iron to the system to enhance treatment capacity. Commissioner Sicora made specific comments about the proposed system and said that the filter medium is critical to how the system works.He said that he thinks the filter medium to be used in the proposed underground sand filters needs to be reviewed in more detail to ensure it is done properly. Commissioner Hoshal asked if the project's building design is considering a green roof.Ms.Chandler said that she did not know.Commissioner Hoshal asked if pervious pavement opportunities are being taken advantage of in thfs project.Ms.Oliver said the applicant did consider it but moved away from it to the infiltration systems.Commissioner Hoshal asked about rain garden opportunities.Chair Loomis said the site's soils and water table don't allow for rain gardens. Commiss�oner Black asked if the Commission needs to look at its requirements for�lter media when the CommissYOn reviews its standards.Mr.Sicora said it really comes down to criteria,which is why as 7 BCWMC July 21,2011,MeeNng Minutes a policy it is best for these projects to come in front of the Commission.He commented that he would like to see the specif c cross sections for the systems proposed for the projects so that there is the detail included for the particular project and that project's site.Ms.Chandler said there are particular cross sections developed for this site and she can get those to anyone interested.Commissioner Welch asked if Commissioner Sicora would want additional information prior to voting on the project. Commissioner Sicora said that as a commissioner he wotild approve this project based on the Commission Engineer's review with the recommended conditions.He said that as an engineer he would dig into the design a bit more.Commissioner Sicora commented that as a responsible body the Commission should be looking at the longevity and the sustainable nature of these systems. Chair Loomis said that Commissioner Welch hit on a topic that the Commission may want to address when looldng at the Plan revision.She said that the opportunities to make improvements in a fully developed watershed are so few and far between that not only does the Commission need to look at its standards but also at helping the developers do what will help the watershed. Ms.Clancy and Mr.Oliver discussed recent cases where property owners looked at the redevelopment standards and backed away from projects. Commissioner Welch said that the Plan revision is still two years out and said that the Commission should not wait that long to look at making changes to its redevelopment standards. Commissioner de Lambert moved to approve the permit with the Commission Engineer's recommended conditions numbers three and four becoming conditions one and two,adding the condition regarding asking the applicant to look at using iron filings in the infiltration systems,and incorporating the language revisfons as described earlier by the Commission Engineer regarding the SAFL Baffles and the maintenance requirements. Commissioner Black seconded the motion. The motion carries with eight votes in favor[City of Minnetonka absent from vote]. D. Consideration of Data Practices Procedures. Deferred to August BCWMC meeting.Commissioner Welch said that the Data Practices Procedures should have gone first to the Committee instead of into the meeting packet and this underscores communication issues. E. Draft BCWMC Policy Manual.Deferred to August BCWMC meeting. 6. OLD BUSINESS A. Major Plan Amendment Update.Chair Loomis said that the Commission needs to direct staff to submit the Plan Amendment to the Minnesota Board of Water and Soil Resources(BWSR)after Hennepin County makes a decision about it at its August 2"d meeting.She said that the Commission also needs to direct staff to notice the September Public Hearing and to prepare the Cooperative Agreements for the projects.Ms.Chandler said that the draft memo to BWSR as included in the meeting packet contains revisions to the Plan Amendment because of some items learned through the feasibility report process for the Wirth Lake Outlet Structure project. Ms.Chandler explained that the draft letter in the packet is dated August 3,2011,to indicate that it needs to go to BWSR immediately following the August 2"�County meeting at which hopefully the Plan Amendment will be approved by the County.Commissioner Welch asked if anyone from the Commission is going to the August 2"d County meeting to represent the Commission. Chair Loomis said the Commis�ion hasn't heard back from Joel Settles on whether or not the County has asked anyone from the Commission to attend but she said that she can attend and plans to attend.Commissioner Welch said that Administrator Nash should be there as well and he said that he will also try to attend. Mr.LeFevere said that it might be helpful if the BCWMC commissioners tell their County commissioner ahead of time that it is time critical that the County make a decision on August 2"d. Commissioner Black said that she could talk with her commissioner on the County board and the Commission indicated that she should go ahead and do so. 8 BCWMC Ju1y 21,2011,Meeting Minutes Chair Loomis said that the Commission is looking for a motion to submit the Plan Amendment to BWSR after the Hennepin County approves the Plan Amendment and to authorize staff to notice the public hearing and to prepare the Cooperative Agreements for the two projects.Commissioner Welch said so moved.Commissioner Black seconded the motion.Chair Loomis clarified that the Commission Engineer would submit the Plan Amendment to BWSR,the Recorder would notice the public hearing, and legal counsel would prepare the Cooperative Agreements. Commissioner Welch noted that the Commission is a party to the Cooperative Agreements.The motion carried unanimouslv with ei�ht votes in favor[City of Minnetonka absent from the vote]. B. Draft Education and Public Outreach Plan for 2011-2015. Chair Loomis asked if the TAC would discuss the draft Education and Public Outreach Plan(EOP)at its August 3'd meeting and suggested that the Commission discuss the EOP and the TAC's input at the Commission's August meeting.The Commission indicated agreement. Commissioner Langsdorf said that BWSR requested that Watershed Management Organizations WMOs)prepare an EOP and also requested that the WMOs send someone to BWSR's training on preparing EOPs.She said that the BCWMC sent Education Committee member Margie Vigoren to the training and that Committee member Liz Thornton was the alternate. Commissioner Langsdorf said that the draft EOP was developed using the EOP guidelines from BWSR and the information in the Commission's Second Generation Plan regarding the Commission's education and outreach goals. Commissioner Langsdorf said that the Committee took the Commission's 2012 operating budget and changed the EOP to fit within the BCWMC's 2012 budget.She said that the items removed for 2012 because of budget considerations were added back in for 2013—2015. Commissioner Langsdorf drew the Commission's attention to the July 14,2011,memo and the 2012 and 2013 education budget comparison table,both prepared by the Education and Outreach Committee,as sources for more details about the preparation of the EOP. Education Committee member Liz Thorton raised the point that the EOP and the Education Committee activities have all been done by volunteers.She said that the Commission needs to look to the future because the work can't continue based only on volunteer work.Chair Loomis said that the Commission did allocate funds within the Administrator's 2012 budget for staff time on education. 7.COMMLTNICATIONS Chair: 1. Chair LoomSs reported that Ed Silberman,a former long-time BCWMC commissioner from Golden Valley,passed away in early July.She recommended that the Commission direct staff to prepare a resolution in recognition of the work accomplished by Ed Silberman on behalf of the BCWMC,which the BCWMC could present to his family.The Commission agreed and directed Mr.LeFevere to prepare the resolut�on.Ms.Clancy volunteered to help.Chair Loomis noted that the City of Golden Valley is considering naming a flood control facility after Mr.Silberman. Administratar: 1. Administrator Nash announced that the Sweeney Lake TMDL had been sent to the U.S. Environmental Protection Agency by the Minnesota Pollution Control Agency prior to the Minnesota government shut down.Chair Loomis added that the BCWMC also heard that the TMDL was approved but said that the written communication to the Commissfon of the approval has been delayed because of the state government shut down. 2. Administrator Nash xeported that SRF contacted him because it is one of the f�rms that xeceived the Engineering RFP and would like to respond to the BCWMC's call for Request for Froposals (RFPs).He said that SRF called wanting to know if there would be any issues since Lisa Goddard, the BCWMC Alternate Commissioner from Minneapolis,is employed at SRF.Mr.LeFevere said that he would like to report back on that issue.He said that he could report his legal findings 9 BCWMC July 21,2011,Meeting Minutes directly to SRF.He said that if the Commission f nds out that it is ok legally but knows that it is uncomfortable with it then the Commission should let SRF know right away so that it doesn't spend time on the proposal.Administrator Nash said that the proposals are due to the Commission next week and so SRF should be notified as soon as possible.Chair Loomis directed Mr.LeFevere to check into the issue and to let the Administrator and SRF know.She said that if any of the Commission members are uncomfortable with the relationship then communicate it to the Administrator.Commissioner 5icora said that as a consulting engineer he thinks it would be nice to have clarification on the issue.Mr.LeFevere said that he would prepare a memo and distribute it. Commissioners: 1. Commissioner Black said that on June 30�'she was called on and asked to be part of the Hennepin County Surface Water Governance Research Project.She said that she agreed but thought that she was participating through her role with the City of Plymouth.She said she sees that the group's contact list identifies her organization affiliation as the BCWMC.Ms.Black said that she is very interested in this project and asked the Commission if it is comfortable with her representing the Commission in this project. Mr.LeFevere said that one of the items on the County's list of possible fixes to watershed management is legislation to allow joint powers WMOs to have taxing authority.He said that he doesn't know if the Commission has a position on that issne bnt if Commissioner Black is going to represent the Commission in the county's research project then she should know the Commission's position and be able to represent it. Commissioner Welch said that he thinks Commissioner Black should participate and let the project team know that she is representing herself. Ms. Chandler added that Len Kremer had suggested that if this project is of concern to the Joint Powers WMOs then perhaps a meeting of the WMOs could be coordinated to facilitate discussion. She said that the West Metro Watershed Alliance(WMWA)includes all of the local WMOs except for the Mississippi WMO. Commissioner Black said that she is taking it as Commission direction that she will make it clear to the group that while she is on the BCWMC she is representing herself at the project meetings.She said that any feedback that commissioners have about this project can be given to her.She said that one of the first items that she will bring up at the meeting is the need for a Web site for the group to post meeting minutes and then Commission could link to that Web site.The Commission indicated agreement. Administrator Nash asked if the Commission wanted to make a decision about coordinating a meeting of the WMOs. Chair Loomis said that the Commission seems to indicate that there isn't enough information known yet to hold a joint WMO meeting. 2. Commissioner Hoshal reported that he took a series of photos of the BCWMC's June 22nd watershed tour and had sent a link to archived photos to Administrator Nash and Ms.Herbect.He asked if others would like to see them.Commissioner Black indicated that she would and asked if they could be posted on the BCWMC's Web site.Commissioner Welch commented that if Commissioner Hoshal gives the photos to the Commission then the photos become public data.Ms. Thornton said that the photos could be useful for commissioners to use with the education display. Commissioner Welch said that he thought it would be better if Administrator Nash would pick a selection of the photos to be displayed on the Commission's Web site.The Commission indicated agreement with that staff direct�on. 3. Commissioner Hoshal displayed an 1874 atlas of the state of Minnesota that shows Bassett Creek and its meander at that tune.The Commission indicated interest in having a copy made of that map and posting it on the BCWMC's Web site. 4. Chair Loomis asked Ms.Herbert to report on the communications that the Commission has received from the Association of Medicine Lake Area Citizens regarding coordinating a meeting of 10 BCWMC Ju1y 21,2011,Meeting Minutes stakeholders on the issue of aquatic invasive species.Ms.Herbert reported that the Commission has been invited to attend a meeting to discuss aquatic invasive species and speci�cally zebra mussels and act�ons that could be taken to keep them out of west metro area waterbodies.She said that AMLAC is asldng Minnesota Waters to moderate the meeting and has asked the Three Rivers Park District and other government entities to participate.She said that right now the date selected for the meeting is August 17`"and other meeting details are still being worked out.Ms.Herbert said that the Commission could decide to communicate back regarding the invitation or could just file the communications in the BCWMC's correspondence�le.Ms.Black commented that she is planning to attend as a representative of the City of Plymouth.She noted that the Commission's policy manual doesn't have a policy on aquatic invasive species but said that maybe one should be developed. Chair Loomis said that anyone who goes to the meeting should report back to the Commission.Commissioners Welch and Hoshal requested a copy of the e-mail with the meeting details. Committees: Education Committee 1. Commissioner Langsdorf said that the two line items under the education and outreach budget have been combined in the financial report and she asked that they be separated back into two lines.She asked if she cotild work it out with Administrator Nash.The Commission indicated yes. 2. Commissioner LangsdorF said that she received comments on the BCWMC's education display after it was on display at the Golden Valley Farmers'Market and that the Mayor of New Hope would like the display to be up at its farmers' market. Chair Loomis said she had the display up for one day at the Golden Valley Farmers'Market and had a lot of people stop by the display.She said that she passed out a lot of packets. 3. Commissioner Langsdorf said that the Education Committee has money for another newspaper article and the Commission recommends that it be about fall leaf care.She said that the Committee needs to talk to Administrator Nash about it since the article goes out under his byline. Counsel: No Communications. Engineer: 1. Ms. Chandler noted that Clean Water Legacy grant applications are due September 15,2011.She said that the City of Minneapolis has indicated iaterest in pursuing grant money for the Main Stem restoration project in Minneapolis.She recommended that the Commission authorize staff to develop at least that grant application.She said that Chair Loomis had brought up in a discussion the idea of pursuing grant funds for retrofitting in the fully developed watershed.Commissioner Welch said that he would like to be in any e-mail loop with BWSR about the Main Stem project in Minneapolis.Commissioner Welch moved to have staff communicate with BWSR and try to nail down the criteria and the emphasis of the grants and if staff gets a green light about the Mafn 5tem restoration project in Minneapolis then Administrator Nash should lead the effort to prepare a grant proposal about that project.Commissioner Black seconded the motion.The motion carried unanimously with eight votes in favor[City of Minnetonka absent from vote].Commissioner Black clarified that any costs for administering the grant can be part of the grant.Administrator Nash said yes,up to 5°Io. Chair Loomis directed staff to flesh out the idea for the retrofitting as a poss�ble grant submission and to bring it back to the Commission. 11 BCWMC July 21,2011,Meeting Minutes 9.INFORMATION ONLY Bassett Creek Erosion Control Inspections,July 8-11,2011 l0.CLOSED ME�TING Chair Loomis adjourned the meeting for a brief recess at 2:09 p.m.after which the meeting was to resume as a closed session,per the request of Administrator Nash,for a performance evaluation of the Administrator. Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 12 ofy , � 0 - n /� P Finance �11 W V 763-593-8013/763-593-8109 (fa�c) Executive Summary For Summary Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. E. Appointing Absentee Ballot Board Election Judges for City Election Prepared By Sue Virnig, Finance Director Edie Ernst, Accoun#s Receivable/Elections Assistant Summary The City needs to appoint election judges to represent the Absentee Ballot Board. These election judges will have the responsibility of accepting and rejecting absentee ballots based on the criteria set by the State. Attachments Resolution Appointing Absentee Ballot Board Election Judges for November 8, 2011 City Election (2 pages) Recommended Action Motion to adopt Resolution Appointing Absentee Ballot Board Election Judges for November 8, 2011 City Election. Resolution 11-38 September 6, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES FOR THE NOVEMBER 8, 2011 CITY ELECTION WHEREAS, Minnesota Election Law 2046.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the Golden Valley City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Golden Valley Absentee Ballot Board Election Judges for the November 8, 2011 City Election; and BE IT FURTHER RESOLVED the Golden Valley City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Golden Valley Absentee Ballot Board; and BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upor� a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 11-38 - Continued September 6, 2011 EXHIBIT A City of Golden Valley Absentee Board November 8, 2011 City Election Bonnie Blake Sandra Carlson Lynn Gitelis Carolyn Kaehr Ca�A � ' o en a e � � Pub��� Safety Police Department ��, 763-593-8079/763-593-8098 (fax) � Executive Summary for Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. F. Receipt of Safe & Sober Challenge Grant Prepared By Stacy Carlson, Chief of Police Summary In partnership with the New Hope, Crystal, Robbinsdale and Hopkins Police Departments, the Golden Valley Police Department applied for a multi-city traffic enforcement grant from the Office of Traffic Safety (OTS), State of Minnesota. The Golden Valley Police Department agreed to be the lead agency for administering the grant. The OTS has judged this application and awarded a $109,800 grant to further the goals of increased traffic safety including impaired driving enforcement, seat belt enforcement and other hazardous moving violations enforcement. The Golden Valley Police Department has been the recipient of six previous grants/awards from the OTS. Attachments Resolution Authorizing Acceptance of a Traffic Safety Grant (1 page) Recommendation Motion to adopt Resolution Authorizing Acceptance of a Traffic Safety Grant. Resolution 11-39 September 6, 2011 Member introduced the foliowing resolution and moved its adoption: RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY GRANT WHEREAS, the Golden Valley Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Safe & Sober program; and WHEREAS, under the provision of the Highway Safety Act the Minnesota Department of Public Safety has funding to promote traffic safety; and WHEREAS, the Minnesota Department of Public Safety has judged the Golden Valley Police Department's efforts to decrease impaired driving and increase seat belt use to be exceptional, and notes that the Golden Valley, New Hope, Crystal, Robbinsdale and Hopkins Police Departments wish to work together to achieve these goals; and the Minnesota Department of Public Safety wishes to reward those effort by providing additional funding for the Golden Valley, New Hope, Crystal, Robbinsdale and Hopkins departments; NOW, THEREFORE, BE IT RESOLVED, that the Golden Valley Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from October 1, 2011 to September 30, 2012. BE IT FURTHER RESOLVED, that the Chief of Police of the City of Golden Valley is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Golden Valley Police Department. BE IT FURTHER RESOLVED that the Chief of Police of the City of Golden Valley is hereby authorized to be the fiscal agent and administer the grant on behalf of the Golden Valley Police Department. 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. �� f . , s . �k. . �� ` i ' �- F � Public Works oe ae 763-593-8030 l 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. G. Approve Agreement with Allied Waste Services of North America, LLC for Comprehensive Municipal Recycling Services Prepared By Jeannine Clancy, Director of Public Works Mark Ray, PE, Engineering Technician Summary Over the past six months, staff has been working on the development of a contract for City recycling services. The proposed seven-year contract with Allied Waste Services of North America, LLC will provide single sort, every other week, carted recycling services to Golden Valley residents at a lower cost than the next closest qualified proposal. Background The cities of Golden Valley, Minnetonka and Plymouth have collaborated to contract for recycling services for many years. The current contract with Waste Management started January 1, 2001. Earlier this year, the City of Plymouth issued a request for proposals for comprehensive municipal recycling services. Proposals were received from Waste Management and Allied Waste. The proposals received would have allowed the cities to either: a. Maintain the every week bin service; or b. Transition to a carted, every other week service. Staff has discussed the potential change in service schedule with the Environmental Commission, who has been assigned the responsibility of studying solid waste and recycling practices in the City. The Commission raised some concerns about the every other week service and the size of the cart. They were in support of the utilization of carts versus bins, and the potential cost savings. Ultimately, the Commission provided their "guarded consent" with the transition to every other week service and use of carts. Some of the other opportunities that the Environmental Commission identified, which have all been addressed in the proposed contract, include the scope of the recyclables collected, the revenue sharing received, and a provision for a special curbside collection of electronics on a fee basis. At the August 9, 2011 Council/Manager meeting, staff discussed with Council the potential change in recycling services. The consensus of the Council was to proceed with contract negotiations for a carted, every other week service with the vendor who would provide the best value. Since that time, staff has been working on the development of a contract with Allied Waste which is attached for Council consideration. The City of Plymouth approved their contract with Allied Waste on August 23, 2011. Minnetonka is scheduled to consider a contract in the next few weeks. The following are basic elements of the proposed Golden Valley contract: 1. Service Schedule � Recycling service will be provided to every certified dwelling unit, every other week. Approximately one-half of the City will be serviced one week and the other half serviced on the alternating week. 2. Recycling Containers The initial cost for the carts, delivery, and cart replacement will be borne by Allied Waste. If the customer chooses, a larger or smaller container will be provided after a trial period. 3. Recyclables Collected The materials included for collection are all those listed on page14 of the contract including boxboard, corrugated cardboard, glass, metal, paper, newspaper, plastic, etc. The list follows the recommendations of the Minnesota Pollution Control Agency and Hennepin County Environmental Services. 4. Special Recycling Services Allied will provide services to the City to support Fall Leaf Drop Off, Mighty Tidy Day and curbside electronics recycling. 5. Fees The current fee paid to Waste Management for curbside services per certified dwelling unit per month is $2.91. Waste Management and Allied proposed fees for an every other week, wheeled carted service is as follows: Allied Waste $2.52 per unit per month Waste Management $2.99 per unit per month The Allied Waste Services curbside collection cost in 2012 will be approximately $32,000 less than the 2011 Waste Management collection cost, based on the current contract. Over the seven-year term of the proposed contract, it is estimated that the City will save $136,000 in curbside collection costs as compared to the current contract. 6. Revenue Sharing The Allied Waste proposal provides the City 100% of the revenue generated from the sale of recycled material while the Waste Management proposal provides for 80% of revenue. While the Allied Waste processing fee is higher than the Waste Management processing fee ($79 per ton versus $52.62 per ton), the overall cost of the curbside recycling program is lower under the Allied proposal because of the new per unit fee and the 100% revenue sharing. In the event that the processing costs are higher than revenue generated from the sale of the materials, the City will not be responsible for payment to Allied for processing fees as specified by the net zero language. This provision was not included in the Waste Management proposal. 7. Other Budget Considerations The City typically budgets $10,000 per year for recycling container replacement, which can be eliminated from the budget. Attachments Contract between City of Golden Valley and Allied Waste Services of North America, LLC for recycling services (27 pages) Recommended Action Motion to approve contract befinreen City of Golden Valley and Allied Waste Services of North America, LLC for recycling services. Agreement for Comprehensive Municipal Recycling Services Table of Contents GENERAL CONDITIONS AND TERMS PreliminaryStatement.....................................................................................................................4 1 Contract Documents................................................................................................................4 2 Compensation for Services .....................................................................................................4 3 Method of Payment.................................................................................................................4 4 Revenue Sharing ....................................................................................................................5 5 Withholding of Payment.........................................................................................................5 6 Materials Disposition..............................................................................................................5 7 Audit Disclosure......................................................................................................................6 8 Term of This Agreement.........................................................................................................6 9 Termination.............................................................................................................................6 10 Subcontractor ..........................................................................................................................6 11 Independent Contractor...........................................................................................................7 12 Assignment..............................................................................................................................7 13 Services Not Specified............................................................................................................7 14 Industry Price Indices (Indicators)to Calculate Revenue Sharing .........................................7 15 Reserved..................................................................................................................................7 16 Entire Agreement....................................................................................................................7 17 Compliance with Laws and Regulations.................................................................................8 18 Equal Opportunity...................................................................................................................8 19 Waiver.....................................................................................................................................8 20 Indemnification.......................................................................................................................8 21 Insurance.................................................................................................................................8 22 Automobile Insurance.............................................................................................................8 23 Performance and Payment Bond.............................................................................................9 24 Timely Communications of Problems ....................................................................................9 25 Liquidated Damages................................................................................................................9 26 Workers' Compensation Insurance.......................................................................................10 27 Conflict of Interest ................................................................................................................10 28 Data Practices/Records..........................................................................................................10 29 Governing Law......................................................................................................................l l 30 Severability ...........................................................................................................................11 31 Amendments .........................................................................................................................11 32 Signatures..............................................................................................................................12 Page 1 EXHIBIT A: RECYCLING COLLECTION, PROCESSING AND MARKETING SPECIFICATIONS...............................................................................................................13 1. Introduction...........................................................................................................................13 2. Definitions.............................................................................................................................13 3. Recyclable Material Preparation...........................................................................................15 4. Ownership of Materials.........................................................................................................15 5. Revenue Sharing ...................................................................................................................16 6. Residential Curbside Recycling Program Collection Requirements ....................................16 6.1 Frequency of Collection, and Collection Days of the Week.......................................16 6.2 Collection Hours..........................................................................................................16 6.3 Non-Completion of Collection and Extension of Collection Hours............................16 6.4 Missed Collections ......................................................................................................16 6.5 Holidays.......................................................................................................................17 6.6 Point of Collection.......................................................................................................17 6.7 Walk-up Service..........................................................................................................17 6.8 Compliance with Driving and Hauling Laws..............................................................17 6.9 Weighing of Loads and Reporting Requirements .......................................................17 6.10 Procedure for Unacceptable Materials ........................................................................18 6.11 Public Education and Promotion.................................................................................18 6.12 Clean-up Responsibility ..............................................................................................18 6.13 Customer Service and Records....................................................................................19 6.14 Vehicle Licensing and Inspection Requirements ........................................................19 6.15 Collection Vehicle Equipment Requirements .............................................................19 6.16 Personnel Requirements..............................................................................................20 6.17 City Pavement Management Program.........................................................................20 6.18 Electronic Recycling....................................................................................................20 7. Other Services.......................................................................................................................20 7.1 Mighty Tidy Day.........................................................................................................20 7.2 Fall Leaf Drop Off.......................................................................................................21 7.3 Emergency Service......................................................................................................21 8. Collection at City Facilities...................................................................................................21 9 Recyclables Composition......................................................................................................22 9.1 Estimating Materials Composition as Collected .........................................................22 9.1.1 Estimating Process Residuals..........................................................................22 9.2 End Market Certification.............................................................................................22 9.3 Materials Processing and Marketing ...........................................................................22 9.3.1 Processing Facilities Must Be Specified .........................................................22 9.3.2 Lack of Adequate Market Demand .................................................................23 Page 2 9.4 Performance Monitoring..............................................................................................23 9.5 Reports and Meetings..................................................................................................23 9.5.1 Customer Service Reports..............................................................................23 9.5.2 Monthly Reports.............................................................................................24 9.5.3 Annual Reports...............................................................................................24 9.5.4 Annual Meeting..............................................................................................24 9.5.5 Other Meetings................................................................................................24 EXHIBIT B: COMPENSATION.................................................................................................25 1. Compensation for Residential Curbside Recycling Collection Service................................25 1.1 Curbside CDU Counts.................................................................................................25 1.1.1 Annual Adjustment to CDU Count ................................................................25 1.2 Collection Service Price ..............................................................................................25 2. Compensation for Mighty Tidy Day.....................................................................................25 3. Compensation for Fall Leaf Drop Off...................................................................................25 4. Recycling Collection at City Facilities .................................................................................25 5. Revenue Share Formula and Processing Fee ........................................................................26 5.1 Basic Revenue Sharing Formula.................................................................................26 5.2 Processing Fee.............................................................................................................26 6. Published Industry Market Indices........................................................................................27 Page 3 AGREEMENT General Conditions and Terms This Agreement is made on the 6�' day of September, 2011, between the City of Golden Valley[hereinafter"City"] and Allied Waste Services of North America, LLC., a Delaware limited liabiliiy company, d/b/a Allied Waste Services of the Twin Cities- Eden Prairie [hereinafter"Contractor"]. Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of COMPREHENSIVE MiJNICIPAL RECYCLING SERVICES by the Contractor for the City. The City and Contractor agree as follows: 1 Contract Documents The following documents shall be referred to as the "Contract Documents," all of which sha11 be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Recycling Collection, Processing and Marketing Specifications,E�chibit"A" C. Compensation,Exhibit"B" ln the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority, and Contract Document "C" having the last priority. Residential collection shall occur on Fridays, except for changes due to holidays. Collection will begin Friday, January 6, 2012. 2 Compensation for Services Compensation for Services: The City agrees to pay the Contractor for services as described in Exhibit B, attached and made a part of this Agreement. 3 Method of Payment The Contractor shall submit itemized bills for services provided to the City, attention to the Director of Public Works, on a monthly basis. Invoices must include a copy of the Recycling Materials Revenue Report. Bills submitted shall be paid in the same manner as other claims Page 4 made to the City. The Contractor shall provide documentation and reports as required by the City in Exhibit A. 4 Revenue Sharing The City shall receive a credit on the next monthly statement based on the net proceeds (defined in Exhibit A) of the sale of all recyclable materials collected the previous month in the City, if there are positive net proceeds from the sale. The net proceeds shall be applied to all recyclable materials collected from all program elements (curbside). In no case shall the net proceeds be negative (i.e.,the City shall not be charged if value of revenue from sale of all recyclable materials is less than processing fees}. The per ton processing fee and formula for sharing net proceeds is described in Exhibit B, attached and made a part of this Agreement. 5 Withholding of Payment If the Contractor does not comply with the requirements as outlined in Exhibit A, City will withhold payment and no late fee will be assessed by the Contractor. 6 Materials Disposition Contractor shall assure that all recyclables collected in the City are not landfilled or incinerated, and are distributed to appropriate markets for recycling. No recyclables will be landfilled or incinerated by the Contractor without written authorization from the City. If the Contractor determines that there is no market for a particular recyclable or that the market has become economically unfeasible, the Contractor shall promptly give written notice to the City. Said notice shall include information demonstrating the effort the Contractor has made to find market alternatives, and the financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 60 days to attempt to find a feasible market. During this period the Contractor shall continue to pick up the particular recyclable. If the Contractor or the City is not able to find a market within 60 days or develop a market plan, the City has the option to either: (A) Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Hennepin Energy Recovery Center [HERC] or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City receipts of payment. Or (B) Notify the Contractor to cease collection of the particular recyclable until a feasible market is located, either by the Contractor or by the City. The Contractor would then be responsible for the cost of printing and distributing educational materials explaining the Page 5 market situation to residents. T'he City agrees to assist Contractor in distributing educational materials explaining the market situation to residents, including distributing such information in City publications at no cost to the Contractor if the City notifies the Contractor to cease collection of a particular recyclable, the parties shall immediately meet to renegotiate the collection price for service. 7 Audit Disclosure The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this Agreement. All finished or unfinished documents, data, studies, surveys, drawings, maps (including all route maps), models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement. 8 Term of This Agreement The term of this Agreement shall be from January 1, 2012 through December 31, 2018, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for additional three-year periods as they deem appropriate, and upon the terms and conditions as herein stated. If the City's residential curbside recycling program is substantially changed or altered due to Hennepin County Resolution No. 11-0306R2 or if the County significantly alters their Residential Recycling Funding Policy, the City and the Contractor shall re-negotiate in good faith the affected provisions of this Agreement. 9 Termination Except as provided below, this Agreement may be terminated by either party upon written notice to the other party outlining that party's failure to timely perform its responsibilities under the Agreement and giving said party ninety (9�) days to cure said default. The City may terminate this Agreement upon five (5) days written notice to the Contractor if the Contractor fails to substantially perform the services specified in Exhibit A on at least four(4) scheduled collection days. The City expects the recycling collection service to be completed in accordance with the schedule and missed collections requirements in this Agreement. Should the Contractor fail to provide the contracted curbside collection services within the established schedule and fail to communicate with the City and resolve the issue, in accordance with the provisions related to Timely Communications of Problems in this Agreement, the City may terminate this Agreement upon five (5) days written notice to the Contractor. 10 Subcontractor The Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. Pursuant to Minnesota Statute Page 6 471.425, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1'/z%)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11 Independen# Contractar At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 12 Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the prior written consent of the other party. 13 Services Not Specified No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 14 Industry Price Indices (Indicators) to Calculate Revenue Sharing The industry price indices (indicators) for selected materials are used to establish the revenue sharing for selected materials. The reported sale price may be more than the indicators. The required monthly report will list each required indicator, processing fee and net amount per ton and total dollar amount, and these amounts for the previous month. 15 Reserved 16 Entire Agreement The entire Agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 7 17 Compliance with Laws and Regulations In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 18 EqualOpportunity During the performance of this contract, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are qualified, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 19 Waiver Any waiver by either party of a breach of any provisions of the executed Agreement shall not affect, in any respect, the validity of the remainder of the executed Agreement. 20 Indemnification The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, reasonable attorney's fees, which they may suffer or for which they may be held liable, to the extent of the fault of the negligence of the Contractor, its employees, or subcontractors in the performance of this Agreement. Contractor shall also pay any expenses, including reasonable attorney's fees, incurred by City in enforcing this indemnification requirement. 21 Insurance No less than fourteen (14) days before the term of this Agreement commences, Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of One Million Five Hundred Thousand Dollars ($1,500,000) for any one person and in the sum of Three Million Dollars ($3,000,000) for two or more persons for the same occurrence and for damages to property in the sum of Two Million Dollars ($2,000,000). The certificate of insurance shall name the City as an additional insured and state that the Contractor's coverage shall be the primary and non-contributory coverage in the event of a loss. Further, the certificate shall provide for written notice to the City, in accordance with the terms of the insurance policy before cancellation, expiration, or change of coverage. 22 Automobile Insurance A single limit or combined limit or excess umbrella automobile liability insurance policy covering agency owned, non-owned, and hired vehicles used regularly in the provision of services under this Agreement in an amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) per accident for property damage; not less than One Million Five Page 8 Hundred Thousand Dollars ($1,500,000) for death or bodily injury, and/or damage to any one person; and not less than One Million Five Hundred Thousand Dollars ($1,500,000) for total bodily injuries and/or damages arising from any one accident. 23 Performance and Payment Bond Contractor shall execute and deliver to the City a performance and payment bond with a corporate surety in the sum of One Hundred Thousand Dollars ($100,000). This Agreement shall not become effective until such a bond in a form acceptable to the City, has been delivered to the City and approved by the City Attorney. This Agreement shall be subject to termination by the City at any time if said bond shall be canceled or the surety thereon relieved from liability for any reason. Upon renewal or extension of this Agreement, Contractor will execute and deliver to City a performance bond complying with the requirements above to cover the entire period of renewal or extension. 24 Timely Communications of Problems The Contractor and the City shall make every reasonable effort to use timely and direct communications (e.g., phone, email and/or meetings) to address operational problems and service issues to prevent occurrences resulting in liquidated damages. It is the intention of the City to work in accord with the Contractor and customer(s)to resolve issues. 25 Liquidated Damages The City shall send a formal written letter outlining the issue and notifying the contractor of the violation. After written notice has been provided by the City, the Contractor shall be liable for liquidated damages, at the following rates, upon a determination by the City that performance has not occurred consistent with the provisions of the contract: Missed Collection: Five Hundred Dollars ($500) per individual occurrence for missed collections not picked up by 5:00 p.m. the following day, when the Contractor has been notified by either the City or a resident by 12:00 p.m. (Noon)the same day of the missed collection(each a"Missed Collection Charge"). A missed collection is defined as a report by a resident that his or her recyclables were out by 7:00 a.m. and the recyclables were properly sorted and set out, and not collected. Missing Entire Blocks/Neighborhood: In addition to any Missed Collection Charge, Contractor shall pay to the City, One Thousand Dollars ($1,000) per each incident of the Contractor missing an entire block (each occurrence shall be a "Missed Block Charge"). A missed block is defined as a block where residents from at least three households within two intersections of that block or cul-de-sac report that their material was out before 7:00 a.m., the recyclables were not collected, and the addresses do not appear on the records as unacceptable setouts. Missing a Majority (50%) of the City: In addition to any Missed Collection Charge or Missed Block Charge, Contractor shall pay to the City Three Thousand Dollars ($3,000) per each incident of the Contractor missing a majority (50% or more) of pickups within the City(a"Missed Majority Charge"). A missed majority is defined as a failure to cornplete a majority (50% or more) of pickups within the City on the Scheduled Page 9 Collection day, where the recyclables were out before 7:00 a.m. and the addresses did not appear or the records as unacceptable set outs. Failure to Complete a Majority (50%) of the City: If the Contractor incurs a Missed Majority charge the City may request and the Contractor shall provide upon such request, additional security in the form of an evergreen letter of credit payable on sight in the amount of Twenty-Five Thousand Dollars ($25,000)to secure payment of any future penalties. The City is entitled to draw on the letter of credit in an amount equal to any penalties due. Exceptions: For the purposes of this Agreement,the Contractor shall not be deemed to be liable for damages where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, including but not limited to, civil disorder, acts of God, [or severe weather,] changes in applicable statutes, regulations, and ordinances, and significant road construction; provided, however, that the Contractor shall use commercially best efforts to obtain approval for the delay from the designated City staff person prior to 4:00 p.m. of the scheduled collection day. When the City and the Contractor have upon mutual agreement determined that the Contractor may safely return to the City, the Contractor shall have five (5) days (excluding Saturdays, Sundays, and holidays)to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any residential dwelling unit not serviced. In the event that the City has approved a delay beyond the five (5) days the Contractor will not be assessed penalties as specified above. 26 Workers' Compensation Insurance The Contractor shall provide workers compensation insurance covering all employees of the contractor engaged in the performance of the contract, in accordance with the Minnesota Workers' Compensation Law. Contractor shall provide proof of such insurance to the City at least fourteen (14) days before the term of the Agreement. 27 Conflict of Interest Contractor agrees that no elected official, officer, employee or other representative of the City ' shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void and Contractor will forfeit any payments to be made under this Agreement. 28 Data Practices/Records All data created, collected, received, maintained or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable sta.te statute, or any state rules adopted to implement the act, as well as federal regulations on data.privacy. All books,records,documents and accounting procedures and practices of the Contractor and its subcontractors, if any,relative to this Contract are subject to examination by the City. Page 10 29 Governing Law This Agreement shall be controlled by the laws of the State of Minnesota. 30 Severability If any provision, term or condition of this Agreement is found to be or become unenforceable or invalid, it shall not afFect the remaining provisions, terms and conditions of this Agreement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties'entire contract. 37 Amendments The provisions of this Agreement shall remain in force and effect without change. Amendments may be mutually negotiated by both parties but shall not go into effect until reduced to writing and executed by the authorized representatives of the City and the Contractor. Page 11 32 Signatures Executed as of the day and year first written above. CITY: CONTRACTOR: CITY OF GOLDEN VALLEY ALLIED SERVICES OF NORTH AMERICA, LLC BY BY Linda R. Loomis, Mayor Bryan Zimmerman, Area President BY Thomas D. Burt, City Manager Page 12 EXHIBIT A: RECYCLING COLLECTION, PROCESSING AND MARKETING SPECIFICATIONS 1. Introduction These specifications define the requirements of the COMPREHENSIVE RECYCLING COLLECTION PROGRAM for the City of Golden Valley. 2. Definitions Certified Dwelling Unit(CDU): Means a single family home and each residential unit in a building up to a four-plex. City Designated Curbside Recycling Collection Stop: A City designated commercial business or institution that is eligible for participation in the curbside collection program. Eligibility criteria may include, but is not limited to: volume of recyclable materials similar to a household and/or proximity to a residential area. Collection District: Means a specific geographic area of the City established for the purpose of having curbside recycling collection for all CDUs and other City designated recycling collection stops in the district on the same day. For Golden Valley the City is a single Collection District. Collection Hours: The time period during which collection of recyclable material is authorized in the City. Collection Route: Means a contiguous geographic area within a collection district determined by the Contractor that will be serviced by one collection vehicle and which may be used to measure collection progress. These routes and changes to the routes must be approved by the City. Collection Vehicle: Any vehicle licensed and inspected by the City and the Minnesota Department of Transportation for collection of recyclables within the corporate boundaries of the City. Contractor: Person or persons authorized by the City to perform recycling collection services on prescribed routes within collection districts in the City. Curbside: Means at or near the edge of the public or private street from which the CDU gains its access, or such other location as may be specified by the City. Education Tag: Means an information tag notifying residents about unacceptable materials set out for collection. The tag will also contain information regarding preparation requirements. The tag must be left at the residence (in the recycling container) if any portion of the recycling set out is not taken. Holidays: Shall include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. Page 13 Index Price for Purposes of Revenue Sharing: The published index price is specified in the RFP for purposes of calculating revenue sharing. The published index price shall serve as the basis from which the processing fee is deducted for calculating the Contractor's amount of net revenue sharing for each commodity. Materials Recycling Facility (MRF): The facility (or series of facilities) used for transfer, sorting, materials preparation and other processing steps to ready the recyclable commodities for marketing after collection. This does not include the end market facilities (e.g., mills)that manufacture new products from the recyclable commodities. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. Missed Collection: Is defined as the failure of the Contractor to provide recyclable materials collection service to a CDU within the recycling district during collection hours or other City designated collection stop on the scheduled day of collection. Net Proceeds: The revenue received from the sale of all recyclable materials minus the agreed upon processing fees which are labor and equipment charges made by the Contractor handling the processing for sale of recyclables as set forth in Exhibit B. Process Residuals: The material from the MRF that cannot be recycled, recovered, reused and must be disposed. Process residuals may include prohibited materials not acceptable in the City's curbside program and process loss derived from residual materials no longer marketable. Program Element: There are currently three program elements within the City's comprehensive recycling system: (1) curbside, (2) Mighty Tidy Day, and (3) Fall Leaf Drop Off. Other programs may be added based on future City needs. Recyclable Materials or Recyclables: � Boxboard packaging: except for boxes that are made for storage in refrigerator or freezer. • Corrugated cardboard: unless contaminated with food, wax-coated or plastic coated. • Glass containers: all glass food and beverage containers. • Metal containers: aluminum, steel, bimetal food and beverage containers, foil and foil trays, tin food and beverage containers. • Mixed paper: direct mail, envelopes, school and office paper, glossy paper, receipts and bills, hard and soft-covered books, paper bags, notebooks, magazines, catalogs and phone books, colored paper, and shredded paper. • Newspaper: including all paper inserts. • Other Recyclable Materials may also include other materials as mutually agreed upon by the City and Contractor. Recyclable materials also includes any and all solid waste items designated by the Hennepin County Environmental Services Department to be part of an authorized recycling program and which are intended for transportation, processing, and re-manufacturing or reuse. Page 14 • Plastic: plastic containers that come to a neck, except those containing hazardous waste, PSI Resin ID # 1, 2, 3, 4, 5, 6, and 7, yogurt cups, and margarine containers. � Wet strength beverage packaging. Recycling Carts: Wheeled, lidded recycling carts. Three sizes will be available to all serviced locations. CDUs may request a change in cart size at no cost to the property owner or City after March 1, 2012. Recycling Collection: Means collecting all recyclable materials accumulated in and around recycling containers at Certif ed Dwelling Units (CDUs) and other City designated curbside collection stops. Recycling Containers: Means uniform, designated recycling receptacles supplied by the Contractor, in which recyclable materials can be stored and, once emptied, later replaced for the next use as specified by the City. Recycling Materials Revenue Report: A monthly report supplied by Contractor with the monthly invoice for recycling services which outlines the revenue or credit to the City for sale of recyclables in a formula and format agreed upon by Contractor and City. Unacceptable Recyclable Materials: Means recyclable materials which a resident has not prepared and/or located in compliance with the City specified standards and/or not defined by this Agreement and/or amendments. Scheduled Collection Day: Means the day or days of the week on which recycling collection by the Contractor is to occur, as specified in the Agreement with the City. If a holiday falls on or before a scheduled collection day in a particular week, recycling collection will be made on the day following the scheduled collection day. If the holiday falls on Friday, collection will be made on Saturday. If the holiday falls on a Saturday or Sunday, collection will continue as scheduled the following week. Holidays are defined in Exhibit A, Section 2. Single Family Residential Homes: The type of households served by the curbside pY'OgT'aTri. Actual number of household units per structure may include up to four-plex buildings. Walk-up Service: Garage-side collection of recyclables at designated CDUs upon request from the City for residents who are unable to deliver their recyclables to the curb. 3. Recyclable Material Preparation Contractor shall collect recyclables that have been prepared by the residents as directed by the City. Sorting and preparation standards for materials will be "single sort" during the life of the agreement. 4. Ownership of Materials All recyclable materials shall remain the responsibility of the resident, property owner,tenant or business establishment until handled by the Contractor at which point it becomes the Page I S responsibility and ownership of the Contractor. Title to and liability for Unacceptable Recyclable Materials shall at no time pass to the Contractor and shall remain with the generator of such waste. 5. Revenue Sharing The Contractor shall provide revenue sharing for the curbside recycling program. 6. Residential Curbside Recycling Program Collection Requirements 6.1 Frequency of Collection, and Collection Days of the Week Recycling Collection shall occur every other week for every residential CDU in the City. The City of Golden Valley will have collection service for the entire City on Fridays. The Contractor shall not change the collection day for any curbside stop without the prior approval of the City. The Contractor will notify the City of any route changes and provide the City with revised route or collection maps if requested by the City. 6.2 Collection Hours Collection shall commence no earlier than 7:00 a.m., but no later than 9:00 a.m. Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. of the scheduled collection day. Residents will be requested to have recyclable materials placed at curbside by 7:00 a.m. on the scheduled collection day. 6.3 Non-Completion of Collection and Extension of Collection Hours If the Contractor determines that the collection of recyclables will not be completed by 5:00 p.m. on the scheduled collection day, it shall notify the designated City staff person by 4:00 p.m. and request an extension of the collection hours. The Contractor shall inform the Director of Public Works or designee of the areas not completed, the reason for non-completion, and the expected time of completion. If the designated Director of Public Works or designee cannot be reached, the Contractor shall follow the agreed-upon method of communication to inform the City of the delay in collection. 6.4 Missed Collections Contractor shall have a duty to pick up any missed collections. Contractor agrees to pick up all missed collections on the same day Contractor receives notice of a missed collection, provided notice is received by Contractor before 12:00 p.m. (Noon) on a business day. With respect to all notices of a missed collection received after 12:00 p.m. (Noon) on a business day, Contractor agrees to pick up that missed collection before 12:00 p.m. (Noon) on the immediately following business day. Page 16 6.5 Holidays If a holiday falls on or before a scheduled collection day in a particular week recycling collection will be made on the day following the scheduled collection day. If the holiday falls on Friday, collection will be made on Saturday. If the holiday falls on a Sunday, collection will continue as scheduled the following day and week. Scheduled collections and holidays are defined in E�ibit A, Section 2. 6.6 Point of Collection All residential recycling curbside collection will occur at the curbside, as defined herein with the exception of designated walk-up service stops. Recycling carts shall be placed by the residents at curbside on collection day, with the handle toward the house and the lid opening toward street. The Contractor shall collect from each participating household, all acceptable materials that have been prepared according to publicized procedures. The driver is required to place the emptied cart back down in the same curbside location as set by the resident. In no case is the cart to be left in the street or in the middle of the private driveway (even if the resident originally placed it there). Drivers are required to record and report to Contractor dispatch the location of any recycling container that is damaged and that container shall be repaired or replaced by the Contractor or designated subcontractor within one (1) week of the report of damage. 6.7 Walk-up Service � Contractor shall provide walk-up service to City designated CDUs upon request of the City at no extra charge. The City will endeavor to ensure that the service is provided only for those residents determined to be in genuine need by the City. In the event walk-up service collection exceeds 0.5%of the total number of CDUs, City and Contractor may negotiate financial compensation for the service. 6.8 Compliance with Driving and Hauling Laws Collection and transportation of all recyclable materials shall be accomplished in accordance with all existing laws and ordinances, and future amendments thereto, of the State of Minnesota. and local governing bodies. 6.9 Weighing of Loads and Reporting Requirements The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. The scale to be used by the Contractor will be permanent, certified, and approved by the City. Contractor will provide the City annually with up-to-date route maps, indicating the starting collection point for each route. Contractor will inform the City of route changes at least two weeks before any changes are made and all other route activities that may affect the regular recycling collection schedule. The contractor shall use all means necessary to limit contamination to, at or under 15%. Page 17 6.10 Procedure for Unacceptable Materials If the Contractor determines that materials set out are unacceptable, the driver shall use the following procedure: The driver shall leave all the unacceptable recyclable materials and leave an education tag. The tag is provided by the Contractor and approved by the City in the recycling container indicating unacceptable materials and/or the proper method of preparation. The driver shall record the address on forms provided by the Contractor. The Contractor shall report the addresses by the end of month to the City staff in an electronic format mutually agreed upon by the Contractor and City. The Contractor and City staff will work together to undertake efforts ta educate the resident. 6.11 Public Education and Promotion Contractor will participate in educating City residents on recycling and will seek to promote recycling in a manner mutually agreed upon by the City and the Contractor. The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified resident preparation instructions. At a minimum, this shall include distribution of resident education tags to be left by curbside collection crews if any unacceptable material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month prior to printing and distributing any such literature. If the Contractor chooses to distribute its own public education information, the Director of Public Works or designee must first approve the educational materials. The Contractor is encouraged to work with the City in developing innovative financial incentives that will help residents increase their recyclables and decrease their mixed solid waste. The Contractor will provide recycling instruction labels for single stream containers. This label shall include concise material sorting instructions for residents. The label shall be attached to the lid of the recycling cart, so it can be easily identified by the resident/customer and the Contractor's drivers as the container for recyclable materials collection. The Contractor will provide education in alternate formats (electronic, online, video, in-person, events, tours), provide education to schools serving Golden Valley and address other realms of solid waste management and recycling, such as, but not limited to waste reduction and product stewardship. 6.12 Clean-up Responsibility Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. Any unacceptable materials left behind should be secured within resident's recycling container, if provided. Driver shall take all precautions possible to Page l8 prevent littering of unacceptable recyclables, and shall be responsible for litter created by collection. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 6.13 Customer Service and Records Contractor shall provide customer service and an office equipped with phone and email access to receive missed collection complaints. Calls and emails shall be by handled by Contractor staff between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, except holidays. The telephone number shall be printed in large print on the collection vehicles. The Contractor shall have a 24- hour answering service or voice mail system. The Contractor shall respond to calls or emails by the end of the next business day. Contractor shall keep a log of all calls including the subject matter, the date and the time received, and the Contractor's response and the date and time of response. 6.14 Vehicle Licensing and Inspection Requirements All collection vehicles used in performance of the Agreement shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota statutes. Vehicles shall be used that are in proper working condition and that prevent loss in transit of liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as possible. The Contractor shall obtain all pertinent licenses and registrations from the City, County and State and have DOT record books. 6.15 Collection Vehicle Equipment Requirements Each collection vehicle shall be equipped with the following: A. A two-way radio or mobile phone. B. A first aid kit. C. An approved 2AlOBC dry chemical fire extinguisher. D. Warning flashers. E. Warning alarms to indicate movement in reverse. F. Signs on the rear of the vehicle which state "This vehicle makes frequent stops." G. A broom and a shovel for cleaning up spills and a spill kit. H. All of the required equipment must be in proper working order. I. All vehicles must be maintained in proper working order and sound appearance and be as clean and free from rust and odors as possible. J. All vehicles must be clearly identified on both sides with the Contractor's name and local telephone number. K. Large, distinguishable, appropriate signage identifying vehicle as a recycling collection vehicle. Page 19 6.16 Personnel Requirements The Contractor shall retain sufficient personnel and equipment to fulfill the reguirements and specifications of this Agreement. The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the City. The Route Supervisor will be available to address customer complaints by cell phone or voice mail at minimum eight (8)hours per day on collection days and four(4)hours per day on non-collection weekdays. The Contractor's personnel shall: A. Conduct themselves at all times in a courteous manner with the general public. B. Make a concerted effort to have at all times a presentable appea.rance and attitude. C. Perform their work in a neat and a quiet manner and clean up all recyclable materials spilled in collection and hauling operations. D. Avoid damage to containers and other property. , E. Not perforrn their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. F. Abide by all applicable local, state and federal laws while performing the work. 6.17 City Pavement Management Program The Contractor will be responsible for coordinating and providing service for individual CDUs or streets temporarily inaccessible during the City's annual street program. The City will provide to the Contractor weekly updates or construction progress reports upon request. 6.18 Electronic Recycling Contractor shall provide electronics recycling opportunities to City designated CDUs. The Contractor will make available a fee schedule for disposal of common electric items. Upon request of a City resident the Contractor will pick up any acceptable item properly placed at the point of collection for the listed fee with no extra charge for transportation. The Contractor will invoice the residents for service directly. 7. Other Services 7.1 Mighty Tidy Day The Contractor will provide the City with service as part of the annual Mighty Tidy Day. The Contractor will provide equipment with operators for the appropriate disposal of at least the following items: electronics, tires, batteries, fluorescent light bulbs, scrap metal, appliances, fumiture, miscellaneous other items (construction debris, lumber, swing sets, bricks, etc.). Other materials may be included if agreement is reached between the City and Contractor. The Contractor will also provide staff to assist with the fee collection from residents at the entry point. The City will provide the publicity, location, traffic control, and staff support for the event at the City's cost. Page 20 The date and time for Mighty Tidy Day will be mutually agreed upon at least six (6) months prior to the event. 7.2 Fall Leaf Drop Off The Contractor will provide the City with service as part of the annual Fall Leaf Drop Off. The Contractor will provide equipment with operators for the appropriate disposal of at least the following item: unbagged leaves. Other materials may be included if agreement is reached between the City and Contractor. The City will provide the publicity, location, traffic control, and staff support for the event at the City's cost. The dates and times for the Fall Leaf Drop Off will be mutually agreed upon at least six (6) months prior to the event. 7.3 Emergency Service The Contractor will work with the city to provide emergency trash and recycling service to the City in the event that a man-made or natural disaster exceed the capacity or scope of City resources. The Contractor may be called on to assist with the clearance of debris from City Streets, City Public Right-of-Ways, and City facilities. The Contractor will provide the City with emergency contact information for 24-hour coverage, 365 days of the year. When requested, the Contractor will work to assist with resources within 24 hours to assist in recovery efforts as directed by the City's Director of Public Works or their designee. The Contractor will not be required to work in an environment that is unreasonably hazardous or involves hazardous materials. All debris will be disposed of in accordance with Local, County, State, and Federal Regulations. Payment for such services may be negotiated after the fact. The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number stops for each loaded vehicle. The Contractor will also be required to provide record of the location of disposal, all invoices/bills related to disposal, all equipment hour logs for each vehicle used, and all labor hour logs for each employee involved upon request of the City. Failure to provide such documents may impact payment for such activities. 8. Collection at City Facilities The Contractor will provide service every other week of the same recyclables collected curbside at Ciiy facilities for no additional cost. Page 21 9 Recyclables Composition 9.1 Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City's recyclable materials each calendar year of this Agreement and during any and every extension of this Agreement to estimate the relative amount by weight of each recyclable commodity from each program element by grade or offer a suitable alternative to a composition analysis. The results of this analysis shall include: (1)percent by weight of each recyclable commodity by grade (including materials deemed unacceptable) as collected from the City program element; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of each analysis. City staff will help coordinate the sampling and shall be invited by the Contractor to be present for the sorting. 9.1.1 Estimating Process Residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclable materials. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. 9.2 End Market Certification Upon request by the City, the Contractor shall provide written certification to the City that all recyclable commodities identified will continuously be recycled and not disposed. Upon request, the Contractor shall provide the City with adequate documentation of end markets for each recyclable commodity. 9.3 Materials Processing and Marketing 9.3.1 Processing Facilities Must Be Speci�ed It is intended that all recyclable materials collected by the Contractor will go to recycling markets to be manufactured into recycled content products. Adequate recyclable material processing capacity must be provided for material collected. The Contractor specifies the location(s) of its recyclable materials processing facility (or subcontractor's facility) where material collected from the City will be delivered and/or processed as (location to be determined). The Contractor shall provide written notice to the City at least sixty(60) days in advance of any substantial change in these or subsequent plans for receiving and processing recyclable materials collected from the City. Upon collection, the Contractor shall deliver the designated recyclable materials to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection Page 22 center for later delivery to a processing center or end market. Minnesota Statutes (M.S. §115A.95) prohibits the unapproved disposal of separated recyclable materials. Contractor shall assure that all recyclable materials collected in the City are not landfilled, composted or incinerated except for process residuals. The Contractor shall dispose of no more than fifteen percent (15%) of material (by weight) as process residuals as part of recyclable materials processing operations. 9.3.2 Lack of Adequate Market Demand In the event that the market for a particular recyclable material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular material, the Contractor shall give written notice to the City. The notice shall include information demonstrating the effort the Contractor has made to find market sources, and the financial information justifying the conclusion that the market is economically unfeasible. Adequate documentation shall be required before the City will consider changes to the municipal recycling program. At such conclusion, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. Until such date that writing amendment is fully executed, the Contractor shall continue to collect the item and, if necessary, arrange for adequate stockpiling. Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in the said written agreement to cease collection of the recyclable material in question. Contractor shall at all times be under a duty to minimize recyclable materials ending up in landfill or incineration. If such disposal becomes necessary, Contractor shall dispose of the materials at a facility agreed upon by the City and the Contractor. 9.4 Performance Monitoring The City will monitor the performance of the Contractor against requirements specified within this Agreement. Substandaxd performance as determined by the City will constitute non- compliance. If action to correct such substandard performance is not taken by the Contractor within sixty (60) days after being notified by a City, the City may initiate the contract termination procedures. 9.5 Reports and Meetings City may withhold payment for recycling services or declare this Agreement to be breached unless and/or until Contractor supplies as required the information outlined in this section. 9.5.1 Customer Service Reports Contractor will provide the City with monthly electronic reports, in Word, Excel or Access format, on issues, complaints, including, but not limited to calls reporting missed collections and improper set-outs as stipulated within this Agreement. Detail shall include dates occurred, initiated and resolved, address, issue, resolution, and other details as available. Page 23 9.5.2 Monthly Reports Contractor shall provide the Recycling Materials Revenue Report with each monthly invoice. The Contractor shall submit a written monthly report. Invoices may not be processed for payment until the monthly report is complete and accepted by the City. The monthly repart shall summarize tonnage by commodity and by type of collection (curbside). The monthly report shall summarize complaints from the report as described in Section 10.5.1 and provide an explanation of any changes in procedures to address complaints. The monthly report shall describe any significant changes in end markets and alert the City in writing to any pending conditions that may affect the City's recycling programs. 9.5.3 Annual Reports The Contractor shall submit a written annual report by February first (1) of each year. The annual report shall summarize tonnage by commodity by program element for the previous calendar year. The annual report shall describe any significant changes in end markets and alert the City in writing to any pending conditions that may affect the City's recycling programs. 9.5.4 Annual Meeting Upon receipt of the Contractor's annual report, the City shall schedule an annual meeting with the Contractor. A. The objectives of this annual meeting will include (but not be limited to): B. Review Contractor's annual report, including trends in recovery rate and participation. C. Efforts the Contractor has made to expand recyclable markets. D. Summary of market trends in prices, technology advancements, specifications, and implications for all recycling programs covered in this Agreement. E. Review Contractor's performance based on feedback from residents and other customers to City staff. F. Review Contractor's recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities for expansion. G. Review staff recommendations for improving Contractor's service. H. Discuss other opportunities for improvement with the remaining years under the current Agreement. 9.5.5 Other Meetings The City may call additional meetings as needed to coordinate planning, development and implementation of new or changing program elements. The Contractor may request meetings as needed to help provide for more expeditiously resolution of program implementation issues. Page 24 EXHIBIT B: COMPENSATION 1. Compensation for Residential Curbside Recycling Collection Service 1.1 Curbside CDU Counts For the purpose of these specifications the City has identified 6,924 Curbside Certified Dwelling Units (CDUs) as of 2011. 1.1.1 Annual Adjustment to CDU Count The number of curbside recycling households (CDUs) for which service is provided will be adjusted on January 1 and July 1 of each year of the Agreement. Either the City or the Contractor may recommend adjustments in writing. Both the City and Contractor must agree in writing on any adjustments prior to the adjustments taking effect. 1.2 Collection Service Price The curbside collection service price per month per CDU shall be as follows: 2012 $2.52 2013 $2.57 2014 $2.62 2015 $2.67 2016 $2.73 2017 $2.78 2018 $2.84 2. Compensation for Mighty Tidy Day Payment to the Contractor and/or fees for item disposal will be negotiated separate from this Agreement. 3. Compensation for Fall Leaf Drop Off Payment to the Contractor and/or fees for item disposal will be negotiated separate from this Agreement. 4. Recycling Collection at City Facilities The Contractor will provide service every other week of the same recyclables collected curbside at City facilities for no additional cost. The Contractor shall collect the same list of recyclable materials collected from residents. Page 25 City facilities and other designated stops currently included in the collection contract include: City Hall, Vehicle Maintenance Building, Public Safety Building, two (2) Fire Stations and the Brookview Community Center. In addition, at a future date the City may express interest in having a recycling program in its City parks. At the City's initiative, the City will work with the Contractor to develop a successful recycling program in the parks. The services required, monthly rates, number of containers, etc. will be determined during future discussions between the City and the Contractor. Recycling services in the parks, provided by the Contractor, will be fairly compensated. 5. Revenue Share Formula and Processing Fee 5.1 Basic Revenue Sharing Formula The basic revenue sharing formula shall be: • "Gross"material value(based on index prices below) • Less processing fee • Equals net revenue • Times the percent City share of net revenue The revenue share shall be 100%to the City. 5.2 Processing Fee The processing fee per ton shall be as follows: 2012 $79.00 2013 $80.58 2014 $82.19 2015 $83.84 2016 $85.51 2017 $87.22 2018 $88.97 Page 26 6. PublishecJ Industry Market Indices Product Mix Market Indicator Mixed Glass Reviewed Annuallv HDPE Natural Waste News 1st Issue Hi�h HDPE Pi�mented Waste News 1st Issue Hi�h PET Waste News 1st Issue High Residual Garbase Hennepin Countv Rate Tin Avs. Monthlv Sales Price Aluminum AMM Pricing OCC OMB#11 High Mixed Paper OBM#2 Hish ONP OBM#8 High 000090/480568/13 74498 Page 27 � g ��"���r � �'� `'' w- ��;�, °, . � ' `�, O ��� � Public Works e 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. H. Authorize Change Order for Brunswick Avenue Watermain Lining Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary The City has recently repaired three (3) watermain breaks along Brunswick Avenue North befinreen Kenneth Way and Duluth Lane. These breaks have been costly and difficult to repair due to the minimum number of gate valves on the line. The shortage of gate valves to shut the water system down in a timely and effective manner results in service disruptions to a number of customers. One of the customers is Fresenius Medical Care (6155 Duluth Street), which receives service from this watermain and requires constant water from 7 am to 8 pm in order to maintain operation of a dialysis clinic. This supply requirement results in the need for a temporary water service or allowing the watermain break to continue to flow until it can be shut down after the clinic's business hours. Therefore, there are increased costs for pavement repair, or increased labor costs to repair the watermain break after normal business hours. Staff has requested an estimate from Fer-Pal Construction to install 140 feet of Class IV, structural watermain liner and finro gate values on the portion of watermain under Duluth Street. The proposed emergency installation will not only greatly strengthen our watermain under Duluth Street, but will also provide several options for providing water service to Fresenius Medical Care in the event of a future break on Brunswick Avenue. Fer-Pal is the City's contractor for the 2011 structural watermain lining project on Legend Drive (City Improvement Project 11-05). The installation of structural watermain liners is a highly specialized process with a limited number of contractors perForming this work across North America. The estimated cost for Fer-Pal to complete fihis repair is $69,790.80 as shown on the attached Quotation Form. This cost includes excavation, cleaning, temporary water installation, lining, installation of valves, and full restoration. StafF is recommending that this work be financed with the excess budget of$200,000 to $250,000 that will be available following the completion of the Legend Drive installation due to favorable bids for the 2011 project. The successful completion of this project will help to ensure that the need for watermain repairs under Duluth Street will be minimized in the future. It also ensures that future breaks will be dealt with in a timely manner because service to the Fresenius Medical Center can be isolated. Attachments Location Map (1 page) Quote From Fer-Pal Construction (1 page) Recommended Action Motion to authorize the City Manager and Director of Public Works to sign a Change Order for City Improvement Project 11-05, Legend Drive Watermain Lining, for the installation of structural watermain lining on Brunswick Avenue North at Duluth Street in an estimated amount of$69,790.80. 0 � 2100-06 2�22 2129 � 2125 2120 ��� �O�'� �0�� ��`�� o 2115 5910 N Ke n n eth Way 2101 2040 2045 2040 Bruns. 2041 Z � 2020 2020 2025 � 2010 Q 2010 2005 � 2000 '— � 2000 1945 � 1935 1970 1950 6000 Duluth St 1950 � 6155 19 3� � 1930 �O� ��� 1933 Z � 8 1931 Z 5927 � � 5925 � Q 1900 20 1921 � 1920 Q � 0 -� (� 6050 � 6000 'L 1910 � •— R� �' � Duluth La � �sso s � �' � v� � Q � j� 1801 � � �h ►�h oh � �� 1745 i �O� �O� �O� �� 1860 O Oj' �, m 0 0 0 C�.� � �o 0 0 0 � o � co co c� � � �n `� �'�� Wolfbe `� 1724 ° rr.Y ( � h h h Water Main Improvement Project e Not to Scale 2011 CIPP LINING PROJECT 2s•pug-11 City of Golden Valley-Mtnnesota Bru�wick Ave Tnmk Water Main Rehabtlitatian PROJECT No.11-06 � � , � � �` � u � �� e ;��� � e� �.�� �- 9 Mobil¢ation-Golden Valle 1 LS $ 11,000.00 � , 1�1�0.ltC:` 2 Remove Water Main 30 LIN FT $ 2.00 ` 3 Remove Bituminous Pavement 80 SQ YD � ������ 4 Sa�vfn Bituminous Paveme�rt ull De $ 10.00 s. : �gia�a 930 LIN FT $ 3.36 � ..: 43,6 8��; 5 Stablizin A ffie 15 T�N $ 25.00 � '< �3�Op:,'. 6 Liner lr�ertion Pit 3 EACH $ 2,000.00 � ',; 6�OOt�Qa" 7 Street S1�vee Picku Broom 2 HRS S 930.00 � ' 2;8b 01�: S 11/2 tnch-3 inc�Clear Rocic 15 TON $ 40.00 � : ,-���q�:. 8 A r ate Base C Class 6 25 TQN $ 3p.pp �' . �rp��y- 10 Bituminous Meterlal for Tack Coat 10 GAL $ 8.60 � . . �g, 11 T L1MIE45035C Wearin Course Mixture � 10 TON $ 216A� $ �;�I�p�p= 12 T LVNW45035C Mon-Wearin Caurse Mixture 15 TON $ 216.00 S ' 3,fi4t►.Qp�'_' 13 8-irtd�Water AAain Duc�fle Iron CL52 30 LIN FT $ 145.00 .� 4;350;t�0.. 14 Tem Water Qistribudon S tem � LS $ 1,6�.� � � 1��.. 15 H drantAssembt -O nCut 1 EACH $ 5,000.00 �. 3jOQ0..Q,�:; 16 B-i n c�G a t e V a h re A n d 8 o x 3 EACN $ 2.750.04 � ; 8,1;�,�0: 17 4inch Pol ne Insulation 16 S�YD $ 20.00 � 3Q�3sOp,; 18 Ductile!ron Ffttin s Com act 153 3Q0 LB5 $ 1.pp � - �p���; 19 Connect To Exis�n Water Main Pi e 9 EAGH $ 2.00 B 1�.pp' 2U 6-lnc�CIPP Water Mein Unin 120 UN FT $ 113.00 $ _ .' �.���}p; 21 8818 Concrete Curb and Gutter-R�rnove and RB la� 25 LIN FT $ 3g,40 . $ _ '. ggp;pp= 22 Traific CoMrol-Golden Vall 1 LS $ 3,QD0.00 ,�: -::: 3,��A�. 28 Inlet Protection 5 EACH $ 800.00 $ - �r�b�p 24 F�ter L T 8 Rodc Lo 200 LIN FT $ 4.00 $ � 8.�0��1.: 25 Soddin T e Lawn with 4-inches To soil 45 SQ YD $ 15.00 $• � 6�5cStF` 28 92-inch Solid Line White-E 25 UN FT $ 40.00 � ~�,�p4;00� 27 Curb Markin Yeilow-E 25 UN FT $ 4p.Qp ,� ����� TOTAI. $ 89,780.80 CITY OF GOLDEN VALLEY PROCLAMATION FOR CAVALIA: A MAGICAL ENCOUNTER BETWEEN HUMAN AND HORSE WHEREAS, Cavalia: A Magical Encounter Between Human and Horse, has chosen Golden Valley and St. Louis Park, to host the world-renowned equestrian extravaganza; WHEREAS, September 21, 2011 marks the Twin Cities premiere of Cavalia, a presentation by creator, Normand Latourelle; WHEREAS, Cavalia will hire 200 people locally, and over $3 million is spent with local suppliers for the logistics, presentation and promotion of the show; WHEREAS, the presence of Cavalia will have considerable economic impact on local hospitality businesses during its Twin Cities run; NOW, THEREFORE, let it be known, that the Mayor and City Council of the City of Golden Valley hereby recognize Cavalia and ask all to join in celebrating this auspicious occasion. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 6th day of September, 2011. Linda R. Loomis, Mayor ���0 /� P� Finance O ' �� 4t� V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. J. Call for Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous Charges Prepared By Sue Virnig, Finance Director Summary At this meeting the City Council should call for a public hearing for October 4, 2011 at 7 pm to consider certifying the following special assessments: 2011 Delinquent Utility Bills 2011 Miscellaneous Charges - Includes false alarm responses, weed cutting, administrative citations, tree removal, etc. Recommended Action Motion to call a public hearing for special assessments for delinquent utility bills and miscellaneous charges for October 4, 2011 at 7 pm. :Ci�0 � �� a � Fire De artment p 763-593-8080/763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. K. First Consideration - Ordinance #468 -Adopting the Amended State Building Code - Incorporation of 2011 National Electrical Code Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The State of Minnesota adopted the 2011 National Electrical Code, replacing the previously adopted 2008 Code. The National Electrical Code is required to be adopted locally and is enforced through consulting services provided by Stephen Tokle Inspections, Inc. Attachment Underlined/Overstruck Version of Section 4.01 (1 page) Ordinance #468, Adopting the Amended State Building Code, Incorporation of the 2011 National Electrical Code (1 page) Recommended Action Motion to approve on First Consideration, Ordinance #468, Adopting the Amended State Building Code, Incorporation of the 2011 National Electrical Code. § 4.01 Cha ter • p 4 • BUILDINGS AND SIGNS Section 4.01: Building Code Adopted The Minnesota State Building Code, established pursuant to Minnesota Statutes 168.59 to 166.75, one copy of which is on file in the ofFice of the Golden Valley City Clerk, is hereby adopted as the Building Code for the City of Golden Valley. Such code is hereby adopted by reference as though set forth verbatim herein, including the following Chapters: A. 1300 Administration of the Minnesota State Building Code B. 1301 Building Official Certification C. 1302 State Building Construction Approvals D. 1303 Minnesota Provisions E. 1305 Adoption of the 2006 International Building Code; F. 1306 Special Fire Protection Systems 1. Chapter 1306.0020 Subd. 2 G. 1307 Elevators and Related Devices H. 1309 Adoption of the 2006 International Residential Code I. 1311 Adoption of the 2000 Guidelines for the Rehabilitation of Existing J. 1315 Adoption of�8 2011 National Electrical Code K. 1325 Solar Energy Systems L. 1330 Fallout Shelters M. 1335 Floodproofing Regulations 1. Parts 1335.0600 through 1335.1100 inclusive N. 1341 Minnesota Accessibility Code O. 1346 Adoption of the Minnesota State Mechanical Code composed of the 2006 International Mechanical Code and the 2006 International Fuel Gas Code with Minnesota Amendments P. 1350 Manufactured Homes Q. 1360 Prefabricated Structures R. 1361 Industrialized/Modular Buildings S. 1370 Storm Shelters (Manufactured Home Parks) Golden Valley City Code Page 1 of 1 ORDINANCE NO. 468, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adopting the Amended State Building Code Incorporation of the 2011 National Electrical Code The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 4.01, entitled "Building Code Adopted", is amended by deleting item J, "1315 -Adoption of the 2008 National Electrical Code" and replacing it with a new item J, which reads "J. 1315 -Adoption of the 2011 National Electrical Code". Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation A Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 20th day of September, 2011 /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virni� Susan M. Virnig, City Clerk � dl i t��"'; ^, i . `'���-������� City Administration/Council � �"�� �/�� �, � 763-593-80031763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. L. Support for Minnehaha Creek Watershed District to Manage the Aquatic Invasive Species Efforts Prepared By Thomas Burt, City Manager Summary Mayor Loomis requested this item be placed on the City Council agenda for Council consideration. Attachments Letter from Brian Heck, City of Shorewood, dated August 25, 2011 (1 page) Resolution in Support of the Minnehaha Creek Watershed District to Manage the Aquatic Invasive Species (AIS) Efforts in the Region (1 page) Recommended Action Motion to adopt Resolution in Support of the Minnehaha Creek Watershed District to Manage the Aquatic Invasive Species (AIS) Efforts in the Region. ���;; . . CITY OF . � ; SHQRE��TOOD � ,. _ 5755 COUNTRY GLUB ROAD • SHORE�IIIOOD, M(NI�ESOTA 55331-8927 � (952) 560-7900 FAX(952)474-0128�www.ci.shorewood.mn.us•cityhallC�ci.shorewood.mn.us � . � AU6;2� 2011 August 25; 2011 - Tom Burt, Manager City of Golden Valley 7800 Golden Vailey Road � Goiden �Oa{ley, MN 55427 Dear Mr. Burt, The City of Shorewood City Council discussed the issue of Aquatic Invasive Species (AISj and , the entity best suited to provide leadership and management in the controt and prevention of AIS on the water bodies:in our communities. The.Council recognized there are many different groups, from lake associations to the Army Corps of Engineers, discussing and working on ways to manage, control, and prevent the spread of AIS. The �horewood Council believes a single entity covering a more regional area is best suited to take on this task. To that end, the Shorewood Council believes the Minnehaha Creek Watershed District (MCWD) is positioned to lead the management AIS activities The MCWD represents a larger area of impact, possesses fihe staff resoucces to address AIS on , a broader scale, and can leverage greater financial resources a�d partnerships that will be necessary in dealing with AIS. T"e Shorewood City Council respectfully requesis your city to consider adopring a R�solution,. similar to the one enclosed, and forwarding it on to the MCWD. . Should you have questions, please feel free to contact me at 952-960-7905. - Sincerely, � a�mi� ` Br' - -- , City A in` or � City o h wood � Enclosure �-� PRINTED ON RECYCLED PAPER ��� , Resolution 11-40 September 6, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION IN SUPPORT OF THE MINNEHAHA CREEK WATERSHED DISTRICT TO MANAGE THE AQUATIC INVASIVE SPECIES (AIS) EFFORTS IN THE REGION WHEREAS, the City Council for the City of Golden Valley, recognizes aquatic invasive species in lakes pose real, tangible, and negative impacts; and WHEREAS, potential new aquatic invasive species (AIS) yet to infest our lakes, pose substantial threats to water quality and ecosystems; and WHEREAS, existing AIS management and prevention efforts are inadequate due to the many agencies at the state, regional, and local level; and WHEREAS, the City of Golden Valley recognizes the Minnehaha Creek Watershed District (MCWD) has the staffing capability, scientific expertise, and financial capacity to manage AIS on a regional basis. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that it hereby recommends and supports empowering the MCWD to manage AIS in the region; and BE IT FURTERH RESOLVED, that the City Council of the City of Golden Valley endorses and supports the MCWD take on the leadership in coordinating and implementing a comprehensive AIS program throughout the watershed as a model for metro or statewide implementation. 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. � City Administration/Council O _e� N, e 763-593-8014/763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. M. Accepting Donations for Michelle Bix Garden Prepared By Jeanne Andre, Assistant City Clerk Summary Under State law, the City must officially acknowledge donations by resolution, unless the Council has a standing resolution accepting donations for identified ongoing activities. The Council has adopted such a resolution accepting ongoing donations for both the Human Services Foundation and Envision Golden Valley. Prior to adopting this policy, the City informally agreed to be the fiduciary for donations in support of the creation and maintenance of the Michelle Bix Garden on Golden Valley Library property south of the Vehicle Maintenance Building. The garden was created in 1992 and has been maintained with funds donated in the early years of its existence. In 2004 the Council adopted the policy of acknowledging gifts by resolution, creating a formal process for accepting donations such as those made to maintain the garden. In keeping with this policy, recent donations to support the maintenance of the garden should be acknowledged by resolution. The attached resolution has been drafted for that purpose. Attachment Resolution Accepting Donations for the Michelle Bix Garden (1 page) Recommended Action Motion to adopt Resolution Accepting Donations for the Michelle Bix Garden. Resolution 11-41 September 6, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR THE MICHELLE BIX GARDEN WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations for the Michelle Bix Garden: Barbara Raport $196 Roberta Cohen 25 Sandra Sher 25 Barbara Goldfarb 36 Annalee Odessky 25 $307 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. ���� � Public Works o � ae - 763-593-8030!763-593-3988 (fax) Executive Summary for Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 3. N. Authorize Purchase of Property at 6305 Olympia Street Necessary for Construction of the Douglas Drive Rehabilitation Project Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary . At the January 5, 2010 City Council meeting, the Council formally authorized the Mayor to request that the Douglas Drive Project (TH 55 to Medicine Lake Road) be placed in the Hennepin County Capital Improvement Plan for right-of-way acquisition in 2015 and construction in 2016. The estimated cost of the project is $20,327,500. Since that time, the preliminary layout is near completion and development of the necessary environmental documentation is being performed in cooperation with MnDOT. The preliminary layout has been approved by Hennepin County staff and will be submitted for approval by MnDOT and the Federal Highway Administration within the next few months. The property at 6305 Olympia Street has been identified as one of the parcels that must be acquired by the City to perform the proposed improvements on Douglas Drive. Upon preliminary project notification to the property owner, staff determined that the property has been purchased recently from the U.S. Department of Housing and Urban Development (HUD) for $82,500. HUD appraised the property at $150,000. City representatives have ceviewed the property and negotiated a price with the current owner of$125,000 and a one year lease for the property contingent on Council approval. Should the Council approve the purchase, the City Attorney will develop the purchase agreement and related documents. The City has not yet obtained approval for right of way acquisition from MnDOT, and therefore the funding to purchase the property is not eligible through MnDOT's Non- Motorized Transportation Program (NMTP) and the Transit for Liveable Communities (TLC) grant. However, the property may be purchased by the City utilizing the funding available from its franchise agreement with Xcel Energy. Since Hennepin County does not have funding for right of way purchase until 2015, the City will need to pay the total cost now and Hennepin County will fund their share at the time their funding is available. Recommended Action Motion to direct the City Attorney to prepare appropriate documents for purchase of the property at 6305 Olympia Street in Golden Valley and authorize the Mayor and City Manager to execute them and take all other actions necessary to acquire the property. CitAy o,� P�n /� P Finance 0 ' 1/11 W V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 6. A. Adopting Proposed 2012 Budget and Proposed Tax Levies Payable in 2012 Prepared By Sue Virnig, Finance Director Summary State Law requires the certification of a proposed budget and proposed tax levies no later than September 15, 2011. The final property tax levy for 2012 will be adopted by the City Council in December, can be less than the proposed levy, but not greater. The property tax levy, included as part of the 2012-2013 Proposed Budget, is currently $16,409,450. At the meeting City staff will make a short presentation reviewing the Proposed 2012-2013 General Fund Budget and Proposed Tax Levies Payable in 2012. Attachments Resolution Adopting a Proposed 2012 Budget and Proposed Tax Levies Payable in 2012 (1 page) 2012-2013 General Fund Revenue Report (3 pages) 2012-2013 Operating Budget (2 pages) Recommended Action Motion to adopt Resolution Adopting a Proposed 2012 Budget and Proposed Tax Levies Payable in 2012. Resolution 11-42 September 6, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A PROPOSED 2012 BUDGET AND PROPOSED TAX LEVIES PAYABLE IN 2012 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than September 15, 2011; and WHEREAS, the City Council has met and discussed the proposed budget and tax levy; and NOW, THEREFORE BE IT RESOLVED that there is hereby levied upon all taxable property Iocated within the City of Golden Valley the following amounts: General Tax Levy $11,952,336 Fire Relief Levy 45,000 Bonded Debt Levy: Certificates of Indebtedness 752,737 Street Improvement Bonds 3,359,377 Tax Abatement Levy 300,000 TOTAL Tax Levy $16,408,450 BE IT FURTHER RESOLVED the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the 2011 property tax levies for collection in 2012 for the City of Golden Valley. BE IT FURTHER RESOLVED that the proposed 2012 budget of the General Fund is $14,901,075 and the proposed 2013 budget is approved in concept only. BE IT FURTHER RESOLVED that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's budget and property tax levies both proposed and final. 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. Clty of Golden Valley 2012-2013 General Fund Revenue Report 2009 2010 2011 2011 2072 2012 2013 Actual Actual Adopted Estlmated Concept Proposed Concept AD VALOREM TAXES 4011 AD VALOREM TAXES 11,168,098 11,443,071 12,196,290 12,203,835 12,188,290 12,203,835 12,203,835 ALLOWANCE FOR ABATEMENTS/DEL (125,�0) (132,545) (125,000) (132,545) (132,545) LESS HOMESTEAD CREDff 768 (388,240) (368,240) (368,240) (368,240) (389,240) 4012 PENALTIES&INTEREST 31,374 41.883 TOTAL AD VALOREM TAXES 11,200,472 77,485,b02 71,702,Ob0 11,702,050 71,702,050 17,702,050 11,702,Ob0 LICENSES 4027 LICENSE-GAS/OIL 25 25 25 25 25 25 25 4022 LICENSE-VEHICLE REPAIR 25 25 25 25 25 25 25 4025 LICENSE-NEWft1SED VEHICLES 5,200 8,000 4,000 6,ODD 4,000 B4O00 B4O00 4028 LICENSE-WINE ON/SALES 6,000 B4O00 8,000 10,000 6,000 10,000 10,000 4027 LICENSE-LIQUOR ON/SALE 89,150 105,150 89,150 88,150 89,150 88,150 89,150 4028 LICENSE-LIQUOR OFF SALE 1,200 1,800 1,200 1,200 1,2� 1,20D 1,200 4029 LICENSE-NONINTOX ON SALE 1,500 1,500 1,500 1,500 1,500 1,500 1,500 4030 LICENSE-NONINTOX OFF SALE 300 B00 300 300 300 300 300 4037 LICENSE-SUNDAY LIQUOR 2,800 2,400 2,800 2,800 2,600 2,800 2,600 40321ICENSE-TAVERN 375 375 375 375 375 375 375 4033 LICENSE-CIGARETTE 4,325 4,400 3,800 4,125 3,800 4,125 4,125 4034 LICENSE-DOG 4,095 2,304 2,800 2,250 2,600 - - 4036 LICENSE-GARBAGE COLLECTORS 4,110 3,350 4,000 4,150 4,000 4,000 4,000 4041 LICENSE-PEDDLER 1,170 870 200 405 20D 400 400 4043 LICENSE-SOLICITOR 400 100 200 200 4044 LICENSE-GAS STATION 2,815 2,825 2,615 4,625 2,615 4,825 4,825 4048 LICENSE-APARTMENT 41,534 43,558 40,000 40,000 40,000 40,OD0 40,000 4047 LICENSE-GAMBLING 450 450 200 200 200 200 200 4048 LICENSE-AMUSE DEVIC 255 270 255 255 255 255 255 4057 LICENSE-PAWN - 400 - - - - - 4052 LICENSE-HEATING 10,235 13,750 7,300 8,500 7,300 8,500 8,500 4053 LICENSESCAVENGER - 20 20 20 20 20 20 4058 LICENSE-MASSAGE 225 850 500 600 500 500 5W TOTAL LICENSES 185,989 189,722 186,865 176,305 166,865 173,800 173,800 PERMITS 4101 PERMIT-BUILDING 445,888 438,024 375,0� 375,000 400,000 400,000 400,U00 4102 PERMIT-PLUMBING 27,843 38,834 25,000 25,000 25,000 25,000 25,000 4103 PERMIT-SEWER 38,920 28,048 35,000 35,000 35,000 35,000 35,000 4104 PERMIT-HEATING 88,887 115,047 85,000 85,000 85,000 85,000 85,000 4105 PERMIT-WATER 1,100 7,400 1,100 1,100 1,100 1,100 1,100 4107 PERMR-STREET EXCAVATING 41,291 32,755 42,000 42,000 42,000 42,OW 42,000 4108 PERMR-BILLBOARD 5,800 11,959 5,800 5,800 5,800 5,800 5,800 4114 PERMR-TEMPORARY OCCUPENCY 1,800 2,400 7,900 1,900 1,800 1,800 1,900 4115 PERMIT-REFUNDS(20°/a) 323 836 - - - - - 4178 PERMIT-GRADING/DRAINAGE/EROSI 4,985 4,800 5,OW 5,�0 5,000 5,000 5,000 4117 PERMIT-TREE PRESERVATION 300 450 300 300 300 300 300 4119 PERMR-ELECTRICAL - - - 13,325 28,870 28,870 4120 PERMR-FIREWORKS 300 200 300 300 300 300 300 TOTAL PERMITS 653,377 673,647 676,400 589,72b 801,400 828,070 828,070 FEDERAL GRANTS 4132 FED VEST PROGRAM 2,500 3,388 - - - - 41322 VIOLENT OFFENDERS TASK FORCE 28,112 4132 JAG GRANT 35,859 - - - - 4132.3 DWI ENFORCEMENT - 1,865 - - - - 4136 FED-FIRE GRANTS 4,OQ0 4,000 - - � - - TOTAL FEDERAL GRANTS 42,359 37,183 - - - - - STATE GRANTS 4148 ENERGY SECURITY GRANT - - - 33,875 - - 4151 GRANT FOR DOUGLAS DRNE 44,340 20,497 - - - - - 4153 POLICE TRAINING 10,307 10,397 10,500 10,500 10,500 10,500 10,500 4153.1 OPERATION NIGFIT CAP 19,850 15,447 - - - - 4153.2 MN HEAT 8,838 5,882 - 20,500 - - - 4153.4 SAFE AND SOBER GRANT 7,688 8,002 2,050 TOTAL STATE GRANTS 89,123 80,006 10,b00 68,726 70,500 10,660 10,500 COUNTY GRANTS 4173 ACTIVE LMNG GRANT 3.333 2,218 3.800 Cily of Golden Valley 2012-2013 General Fund Revenue Report 2008 2070 2071 2017 2012 2072 2013 AcWal Actual Adopted Estimated Concept Proposed Concept TOTAL COUNTY GRANTS 3,333 2,276 - 3,800 - - - GENERAL GOVERNMENT 4191 CERTIFICA770N FEE 15,855 14,810 7,000 10,000 7,000 10,000 10,000 4185 TEMPORARY RETAIL SALES FEE 245 225 4� 400 400 400 400 4188 GENERAL GOVT-GEN SER 8,994 8,682 2,6� 4,000 2,800 4,050 4,050 4197 FILING FEES 25 - 15 15 - - 10 4198 PLANNING MATERIAL 255 100 200 100 200 100 100 4199 ASSESSMENTSEARCHES 15 15 - - - - - 42Q0 LIQUOR LICENSE CHECKING 2,300 5,8d0 1,94U 2,000 2,000 2,000 2,000 4202 WEB DESIGNER 28,508 28,483 24,110 28,U00 24,710 28,000 28,000 4203 COPY/MAILING FEES 1.300 988 1,500 1,000 1,5U0 1,000 1,OU0 TOTAL GENERAL GOVERMENT 63,296 6b,183 37,726 43,616 37,870 43,660 43,680 PUBLIC SAFETY 4228 BRECK TRAFFIC CONTROL 12,879 50,715 52,235 52,235 52,235 52,235 4227 DRUG TASK FORCE REIMBURSE 38,573 18,788 18,080 18,235 18,080 18,235 18,235 4228 ALARM ORDINANCE VIOLATION 8,947 7,289 8,500 8,500 8,500 8,500 8,500 4228 SECURITYSERVICES 11,385 18,738 9,000 9,000 8,000 9,000 8,Q00 4230 POLICE DEPT CHARGES 58,813 39,603 - - SCHOOL RESOURCE OFFICER-281 - 29,300 30,275 28,500 30,275 30,275 SCHOOL RESOURCE OFFICER-287 - 40,000 30,OW 40,000 30,000 30,�0 4231 FIRE DEPT CHARGES 27,023 34,342 3D,000 32,000 30,000 32,000 32,000 4232 ANIMAL IMPOUND FEES 1,318 920 1,000 7,000 1,000 1,000 1,000 4233 ACCIDENT REPORTS 482 425 500 500 500 500 500 4234 SAFETYCAMP 1,500 - 1,500 1.500 4237 NUISANCE VIOLATION 8,200 8,690 2,000 TOTAL PUBLIC SAFETY 183,178 175,490 79D,17b 183,745 737,080 181,745 783,245 PUBLIC WORKS 4258 PLANNING 8 ZONING FEES 5,585 8,000 10,000 B4O00 10,000 6,000 8,000 4251 CHGS FOR STREET DEPT 8,5�W 2,898 2,000 2,000 2,000 2,000 2,U00 4254 WEED CUTTING 4,525 4,426 2,000 2,000 2,000 2,000 2,000 4255 STREET LIGHT MAINT CHGS 110,873 115,855 110,000 115,000 110,000 115,000 115,Q00 4258 CHGS FOR ENGINEERING 700 5,270 TOTAL PUBLIC WORKS 131,023 134,249 124,000 125,000 124,000 126,000 12b,000 PARK 8 RECREATION 4302 POLICE ON DUTY-COMM CENTER 800 488 1,000 750 1,OU0 1,000 1,000 4303 POP MACHINE AT BROOKVIEW 80 82 250 125 250 200 200 4303 LIQUOR REVENUE 7,281 1,052 2,200 1,800 2,200 2,000 2,000 4305 MISC INCOME-BROO{MEW - 107 1� 100 100 700 100 4308 BUILDING RENTAL-BROO{MEW 12,453 15,822 20,000 17,090 20,000 20,000 20,OW 4307 PICNIC SHELTER RENTAL 22,048 23,630 23,000 24,000 23,OOU 25,000 25,000 4308 LIQUOR PERMITlSHELTER 1,355 2,180 1,500 2,500 1,500 2,500 2,500 4309 PARK/RINK RENTAL 2,383 1,920 2.000 2,Q00 2.0�0 2,000 2,000 4310 TENNIS COURT RENTAL 182 - 8� 8D0 BUO 800 80D 4311 GYM RENTAL 2,050 4,860 3,000 4,000 3,000 4,000 4,000 4312 RENTAL-PICNIC KITS 337 355 300 350 3U0 350 350 4313 OPEN GYM-MEADOWBROOK 13,377 14,893 13,400 13,500 13,4U0 13,5�0 73,500 4328 ADULT CO REC SOCCER 7,880 7,830 11,000 11,�00 11,000 11,OQ0 11,000 4328 ADULT SOFTBALL 33,380 38,700 39,600 39,000 39,800 38,000 38,000 4332 ADULT BROOMBALL 2,940 950 8,2� 8,200 8,200 8,200 8,200 4383 ADULT-TENNIS LESSONS 4,500 3,802 4,000 4,OW 4,OU0 4,000 4,000 4337 ADULT GENERAL-DANCE INSTRUCT 7,523 5,998 6,000 8,000 B,WO 8,000 8,000 4341 ADULT GENERAL-MISCELLANEOUS 23,829 28,851 25,000 25,000 25,U00 25,000 25,000 4360 SUMMER-ARTS/CRAFTS 834 - 1,500 1,500 1,500 1,500 1,500 4361 SUMMERSPORTS 20,487 25,158 28,�00 28,000 28,000 28,000 28,W0 4382 SUMMER-TINYTOTS 473 544 1,000 1,000 1,000 1,000 1,000 4383 SUMMER-FIE�D TRIPS 2,458 3,133 2,200 2,200 2,200 2,200 2,200 4384 SUMMER-PENNY CARNNAL 302 431 500 B00 500 500 500 4388 SUMMER-MISCELLANEOUS 2,526 2,408 3,000 3,000 3,000 3,000 3,000 4389 YOUTH-HOCKEY 818 819 900 800 900 900 900 4371 YOUTH-MUSIC LESSONS 10,881 17,489 11,�0 10,500 11,000 10,500 10,500 4372 YOUTH-TINYTOTS 3,733 3,317 3,200 3,000 3,200 3,000 3,000 4373 YOUTH-GYM SPORTS 881 250 1,000 - 1,000 - - 4375 YOUTH-SATURDAY/SANTA 817 528 800 600 B00 809 800 4378 YOUTH-DRAMA 7,579 3,551 1,750 3,000 1,750 3,000 3,OU0 4377 YOUTH-GENERAL 15,589 24,955 18,000 18,000 18,000 18,000 18,000 Clty of Golden Valley 2012-2013 General Fund Revenue Report 2009 2010 2017 2011 2072 2012 2013 Actual Actual Adopted Estlmated Concept Proposed Concept 4378 YOUTH-BASKETBALL 70,688 9,104 17,000 9,500 11,000 9,500 9,500 4379 YOUTH-SOCCER 8,442 8,450 11,000 11,000 11,000 11,000 11,000 4362 YOUTH-TENNIS LESSONS 58,421 60,931 62,000 82,000 62,000 82,000 82,000 4385 TAP AND BALLEf 8,882 7,893 8,800 6,800 8,800 6.800 6,800 4368 TAP AND BALLET COSTUMES 1,581 1,788 1,500 1,800 1,500 1,500 1,500 4412 SENIOR ACTIVITIES 2,536 2,788 2,500 2,800 2,500 2,500 2,5� 4413 SENIOR EVENTS 510 278 2,000 275 2,000 2,000 2,000 4414 SENIOR CLASSES&SEMINARS 2,073 2,994 3,000 2,995 3,000 3,OD0 4,000 4415 SENIOR TRIPS 52,557 52,783 80.000 52.780 60.000 80,000 60,000 TOTAL PARK AND RECREATION 340,072 379,368 392,200 377,855 392,200 385,350 396,360 OTHER FUNDS 4433 CHGS TO CONSTRUCTION FUND 308,488 211,429 300,000 300,000 300,000 300,000 300,000 4434 CHGS TO Ul'ILfI'Y FUND 275,000 275,000 275,000 275,000 275,000 275,Q00 275,000 4435 CHGS TO BROO{MEW FUND 85,000 85,000 85,OOD 85,000 85,000 65,000 85,000 4438 CHGS TO MOTOR VEHICLE FUND 25,500 30,000 30,000 30,000 30,000 - - 4437 CHGS TO RECY FUND 51,500 51,500 51,500 51,500 51,500 57,500 51,500 4438 CHGS TO CEMETARY FUND 500 900 - - - - - 4438 HRATRANS-ADMIN 150,000 140,000 140,0� 140,000 140,000 140,000 940,OW 4440 CHGS TO STORM UTILITY FUND 100.000 1�0.000 100,000 900.000 100.00D 150.000 150.000 TOTAL OTHER FUNDS 896,968 893,829 881,600 981,500 981,b00 1,001,600 1,007,600 FINES S FORFEITURES 4155 COURT FINES&FORFEITURES 210,187 284,800 250,000 280,000 250,000 260,W0 280,000 TOTAL FINES&FORFEITURES 210,781 284,600 260,000 260,000 260,000 280,000 260,000 INTEREST ON INVESTMENTS 4471 INTEREST ON INVESTMENTS 108,188 47.671 100.000 50.000 110.000 110,000 110,W0 INTEREST ON INVESTMENTS 106,168 47,671 700,OOD 60,000 710,000 170,000 110,000 TRANSFERSIN 4501 PERMANEPIT TRANSFERS-GOLF 50,Q00 50,000 50,000 50,000 50,000 50,000 50,000 4501 PERMANENT TRANS-MOTOR VEH 125,000 125,000 125.000 925.000 125,000 36.610 TOTAL TRANSFERS IN 17b,000 175,000 175,OQ0 17b,000 776,000 88,810 50,000 OTHER REVENUE 4478 TOWER RENTAL 39,858 48,935 30,000 30,000 30,000 30,000 30,000 4480 BUILDING RENTS -PARKING LOT RENTAL - _ - -BROO{MEW GOLF COURSE 127,200 127,200 127,200 127,200 127,200 127,200 127,200 -MOTOR VEHICLE LICENSING 22,000 22,000 22,000 22,000 22,000 - - -VEHICLE MAINTENANCE 22.000 22,000 22,000 22,000 22,000 22.000 22,000 4477 SPECIAL ASSESSMENT COLL-CITY - - - 4478 SPECIAL ASSESS COLL-COUNTY 18,163 24,606 - 3,105 - INCREMENT VALLEY SQUARE - - 4483 CONTRIBUTIONS&DONATIONS 2,880 8,818 - - 4492 TIF DISTRIBUTION 8,078 TOTAL OTHER REVENUE 233,082 267,438 201,200 204,306 207,200 179,200 179,200 MISCELLANEOUS COSTS 4476 BURIAL CHARGE-CEMETERY 2,850 2,850 500 500 4707 PENALTIES 350 1,100 4,800 4,800 4474 SCRAP METAL 3,295 3,423 2,000 2,700 2,000 2,000 2,000 4486 MISCELLANEOUS RECEIPTS 7,589 1,009 3,340 3,340 4489 ATM 4.484 4.847 2.500 1.500 2.500 1.500 1.500 TOTAL MISCELLANEOUS COSTS 78,358 73,229 12,840 4,200 12,940 3,b00 3,600 GENERAL FUND TOTAL $ 14,807,919 $ 14,873,698 $ 14,920,496 $ 14,843,72b $ 14,802,645 $ 74,801,075 $ 14,868,776 CITY OF GOLDEN VALLEY 2012-2013 OPERATING BUDGET DIVISION 2009 2010 2011 2011 2012 2012 2013 /PROGRAM ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT 001 COUNCIL 1001 COUNCIL $285,557 $264,617 $269,380 $270,430 $271,830 $272,425 $272,425 1002 CIVIL SERVICE COMMISSION 3,529 105 6,000 5,000 6,000 5,000 5,000 1003 HUMAN RIGHTS COMMISSION 390 516 4,910 4,210 4,910 4,200 4,200 1040 ENVIRONMENTAL COMMISSION 635 956 1,695 1,200 1,695 1,200 1,200 1050 PLANNING COMMISSION 868 1,393 2,795 2,445 2,795 2,445 2,445 1060 PARK&OPEN SPACE COMM 815 809 1,950 1,560 1,950 1,635 1,635 1070 BOARD OF ZONING APPEALS 928 505 1,240 850 1,240 850 1,135 TOTAL DIVISION(007) 292,742 268,901 287,970 285,695 290,420 287,755 288,040 003 CITY MANAGER 1030 CITY MANAGER 522,972 484,740 515,570 481,810 515,870 459,780 460,955 1031 CITY COMMUNICATION 223,640 231,368 231,525 238,145 231,525 238,145 238,145 TOTAL DIVISION(003) 746,612 716,108 747,095 719,955 747,395 697,925 699,100 004 TRANSFERS OUT 1025 TRANSFERS OUT 989,970 1,339,970 439,970 439,970 294,710 294,710 294,710 TOTAL DIVISION(004) 989,970 1,339,970 439,970 439,970 294,710 294,710 294,710 005 ADMINISTRATIVE SERVICES 1101 GENERAL SERVICES 603,051 595,660 606,855 617,865 609,055 618,625 618,625 1102 ACCOUNTING 223,538 237,861 241,820 247,115 241,820 245,615 245,615 1105 COMPUTER SERVICES 580,435 588,321 641,525 639,840 645,985 653,115 653,115 1142 ELECTIONS 16,060 38,222 33,980 31,200 55,865 54,805 30,700 TOTAL DIVISION(005) 1,423,084 1,460,064 1,524,180 1,536,020 1,552,725 1,572,160 1,548,055 006 LEGAL SERVICES 1121 LEGAL SERVICES 117,607 147,051 120,000 135,000 120,000 120,000 120,000 TOTAL DIVISION(006) 117,607 147,051 120,000 135,000 120,000 120,000 120,000 007 RISK MANAGEMENT 1115 INSURANCE 223,209 277,015 280,000 280,000 285,000 290,000 300,000 TOTAL DIVISION(007) 223,209 277,015 280,000 280,000 285,000 290,000 300,000 011 BUILDING OPERATIONS 1180 BUILDING OPERATIONS 495,052 512,669 570,660 570,855 570,680 570,855 570,855 TOTAL DIVISION(011) 495,052 512,669 570,660 570,855 570,680 570,855 570,855 016 PLANNING 1166 PLANNING 370,262 279,607 322,315 317,280 322,315 317,035 317,295 TOTAL DIVISION(016) 370,262 279,607 322,315 317,280 322,315 317,035 317,295 022 POLICE 1300 POLICEADMINISTRATION 737,574 789,825 828,585 831,215 828,585 831,015 831,015 1320 POLICE OPERATIONS 3,349,894 3,436,053 3,602,845 3,482,970 3,645,560 3,599,695 3,624,705 1321 DRUG TASK FORCE 36,573 16,788 18,080 18,235 18,080 18,235 18,235 1322 MN PASS 7,360 - - - - - - 1130 PROSECUTION AND COURT 200,251 214,947 245,810 243,555 254,810 252,555 258,555 TOTAL DIVISION(022) 4,331,652 4,457,613 4,695,320 4,575,975 4,747,035 4,701,500 4,732,510 023 FIRE 1346 FIREADMINISTRATION 908,183 840,356 918,265 902,770 922,330 908,355 906,430 1162 ZONING AND INSPECTIONS 585,136 581,989 598,465 633,525 600,785 646,125 645,275 TOTAL DIVISION(023) 1,493,319 1,422,345 1,516,730 1,536,295 1,523,115 1,554,480 1,551,705 CITY OF GOLDEN VALLEY 2012-2013 OPERATING BUDGET DIVISION 2009 2010 2011 2011 2012 2012 2013 /PROGRAM ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT 035 PUBLIC WORKS ADMIN 1400 PUBLIC WORKS ADMINISTRATIOP $308,141 $308,227 $319,830 $319,395 $319,830 $315,365 $315,365 TOTAL DIVISION(035) 308,141 308,227 319,830 319,395 319,830 315,365 315,365 036 ENGINEERING 1420 GENERAL ENGINEERING 284,418 216,530 262,850 294,075 264,745 326,835 326,565 1425 TRAFFIC SIGNALS 43,592 35,862 64,600 64,600 66,000 49,000 49,000 1430 STREET LIGHTING 242,356 225,106 250,600 250,600 258,000 252,000 252,000 1452 MISC CONCRETE REPAIR 44,756 29,631 35,465 35,465 35,465 35,590 35,590 TOTAL DIVISION(036) 615,122 507,129 613,515 644,740 624,210 663,425 663,155 037 STREETS 1440 STREET MAINTENANCE 1,082,526 1,019,959 1,167,740 1,182,820 1,183,235 1,200,990 1,206,620 1448 SNOW AND ICE CONTROL 136,210 205,063 165,635 181,540 165,635 185,540 185,540 TOTAL DIVISION(037) 1,218,736 1,225,022 1,333,375 1,364,360 1,348,870 1,386,530 1,392,160 065 COMMUNITY CENTERS 1605 COMMUNITY CENTER 24,243 25,123 34,335 36,065 34,335 36,315 36,315 1669 RONALD B DAVIS CC 37,075 31,631 37,065 39,040 37,065 39,040 39,040 TOTAL DIVISION(065) 61,318 56,754 71,400 75,105 71,400 75,355 75,355 O66 PARK AND REC ADMINISTRATION 1600 PARK AND REC ADM $611,838 $613,361 $672,460 $641,935 $672,620 $646,275 $646,275 TOTAL DIVISION(066) 611,838 613,361 672,460 641,935 672,620 646,275 646,275 067 PARK MAINTENANCE 1620 PARKMAINTENANCE 738,348 758,839 805,375 791,760 811,940 801,740 816,265 1646 TREE MAINTENANCE 108,670 141,051 191,110 194,600 191,110 195,040 195,040 TOTAL DIVISION(067) 847,018 899,890 996,465 986,360 1,003,050 996,780 1,011,305 068 PARK AND REC PROGRAMS ADULT PROGRAMS: 1597 ADULT-SOFTBALL 22,415 22,879 28,655 26,590 28,655 26,645 26,645 1598 ADULT-TOUCH FTBL/SOCCER 6,212 6,720 8,920 8,920 8,920 8,920 8,920 1680 ADULT-GENERALACTIVITIES 30,666 27,948 28,300 27,980 28,300 28,300 28,315 1681 ADULT-BROOMBALL/HOCKEY 4,115 2,376 5,090 5,095 5,090 5,095 5,095 TOTAL ADULT PROGRAMS 63,408 59,923 70,965 68,585 70,965 68,960 68,975 YOUTH PROGRAMS: 1660 YOUTH-SUMMER PARK PROG 79,985 76,348 87,040 87,040 87,040 85,540 85,540 1665 YOUTH-ICE HOCKEY 340 1,107 2,245 2,250 2,245 2,250 2,250 1670 YOUTH-GENERAL ACTIVITIES 44,553 44,806 41,080 48,295 41,080 46,080 46,060 1673 YOUTH-BASKETBALL 12,023 5,538 8,115 4,200 8,115 7,115 7,115 1675 YOUTH-SOCCER 6,244 5,711 9,260 9,260 9,260 8,130 8,130 1677 YOUTH-BALLET(BOTH) 4,159 7,847 6,805 6,300 6,805 6,830 6,830 1679 YOUTH-RINK SUPERVISION 25,661 27,842 27,520 27,520 27,520 27,520 27,520 1682 YOUTH-TENNIS(BOTH) 55,647 57,035 58,235 57,235 58,235 58,235 58,235 TOTAL YOUTH PROGRAMS 228,612 226,234 240,300 242,100 240,300 241,700 241,700 SENIOR PROGRAMS 1691 SENIOR ACTIVITY 28,987 26,803 33,955 37,215 33,955 36,315 36,315 1692 SENIOR EVENTS 685 696 1,800 1,500 1,800 1,200 1,200 1693 SENIOR CLASSES 1,625 1,729 3,850 4,150 3,850 6,450 6,450 1694 SENIOR TRIPS 42,880 48,095 58,300 57,800 58,300 56,300 56,300 TOTAL SENIOR PROGRAMS 74,177 77,323 97,905 100,665 97,905 100,265 100,265 TOTAL DIVISION(068) 366,197 363,480 409,170 411,350 409,170 410,925 410,940 GENERALFUND TOTAL DIVISIONS $14,511,879 $14,855,206 $14,920,495 $14,840,290 $14,902,545 $14,901,075 $14,936,825 s<, �; 4� .. a�S 8iP; T`�� +c��`.�,. � �° ��,k^: „�w' � 1..� � � L � � � � v � �� � � ���. � N f� " a�� Q, � 'z� � � b�0 � ��{ ���£ � � � � �� �"'� -� � '�] � � c� x m � o � rt3 4� �..���; ~ Q. �v�'" � � � 4� l/1 � O � O i CL N � O N r � �Y& . , � ���, ;v,' ��_* �.; ,cr�,�� �, � a�^ ~�` �� k a,�Mhy" . 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'.�;: ��r . u {��4 � �,3 ` � �.� t: ,`� ,,,� � ::��` � � ., ,_ '�` � � � � o � � � V � ���.���� � *,j� 4� � • ��;4 � � � � -:�� t �� I..�... � � � ' � O -� �-- • � O � � 00 � � � � � � � � � � � , o� /� P� Finance 0 ' _�� �4 V 763-593-8013/763-593-8109 fax � ) Executive Summary For Action Golden Valley City Council Meeting September 6, 2011 Agenda Item 6. B. Set Date for Hearing - 2012-2013 Budget and 2011 Property Tax Levy Prepared By Sue Virnig, Finance Director Summary The Department of Revenue has clarified the Truth in Taxation process for 2012 tax levy. The Council will need to schedule a meeting that will include discussion of the city budget and 2012 tax levy and allow the public to comment. This meeting date needs to be announced at the time Council approves the proposed budget and levy. It also must occur between November 25 and December 28 and be held after 6 pm. This year staff recommends setting the hearing for December 6, 2011 Council meeting at 7 pm. Recommended Action Motion to set the date of the Truth in Taxation Hearing for December 6, 2011 at 7 pm.