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12-18-12 CC Consent Agenda Regular Meeting of the City Council November 7, 2012 Pursuant to due call and notice thereaf, a regular meeting of the City Gouncil of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on November 7, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance - Robbinsdale Spanish Immersion Elementarv School The Pledge of Allegiance was recited by the students from the Robbinsdale Spanish Immersion Elementary School. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to apprav� the agenda of November 7, 2012 as amended: addition of Therapeutic Massage Certificate - Patric Burke. The Council requested that staff provide an update in the Weekly Report about a possible Winter Celebration which is to be held in December. *Approval of Consent Aqenda MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the agenda of November 7, 2012 as amended: addition of Therapeutic Massage Certificate - Patric Burke. *Approval of Minutes - City Council Meetinq - 4ctober 2, 2012 MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of Qctober 2, 2012 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize the payment of the Gity and Housing and Redevelopment Authority bills as submitted. *Solicitor's License - Minnesota Public Interest Research Group (MPIRG) MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Minnesota Public Interest Research Group (MPIRG). Regular Meeting of the City Council November 7, 2012 Page 2 *Solicitor's License - GGC Environmental Group, LLC d/b/a Garbaqe Man MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for GGC Environmental Group, LLC d/b/a Garbage Man. *Therapeutic Massaqe Certificate - Patric Burke MOVED by Scanlon, seconded by Freiberg and motion carried unanimausly to approve the issuance of a therapeutic massage certificate to Patric Ryan Burke at The Beauty Lab, 681 Winnetka Avenue North. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - September 20, 2012 Environmental Commission - September 24, 2012 Open Space and Recreation Commission - September 24, 2012 Joint Environmental Commission and Open Space and Recreation Commission - September 24, 2012 Bassett Creek Watershed Management Commission - September 20, 2012 *V-Box Sander - Quotes MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to purchase a Swensan Model combo v-box sander from Towmaster, Inc. through the State of Minnesota cantract for $37,994.06.. *Call for Public Hearinq - Easement Vacations - 600 Boone Avenue North - 11/20/12 Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 12- $4 RESOLUTION ESTABLISHING A PUBLIC HEARING ON NOVEMBER 20, 2012 TO CONSIDER VACATION OF ALL EASEMENTS IN FAVOR OF THE CITY 600 BOONE AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council November 7, 2012 Page 3 *Authorization to Siqn Aqreement with Bassett Creek Watershed Mana,gement Commission and WSB & Associates, Inc. for Preparation of Feasibilitv Report for Briarwood/Dawnview Water Quality Proiect MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the Cooperative Agreement for Preparation of a Feasibility Report for Water Quality Improvement Project BC-7 with the Bassett Creek Watershed Management Commission MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the Cooperative Agreement for Preparation of a Feasibility Repart Motion to authorize the proposal from WSB to complete a feasibility report in the approximate amount of $11,700. Public Hearinq - 2013 and 2014 Pavement Manaqement Proqram Jeff Oliver, City Engineer, presented a PowerPoint presentation and answered questions from the Council. Jeannine Clancy, Thomas Burt and Allen Barnard 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. Thad Graziack, 525 Yosemite Avenue North, opposed to narrowing the street, feels the neighborhood is not listed to, doesn't think narrowing the road will calm traffic, suggested installing speed bumps, stated they will still get the same pollutants from the salt used on the streets; stated he did not hear about the neighborhood meeting that were held, stated they have a problem in their neighborhood with the mail delivery to their homes; some neighbors thought the project was a "done deal" so they didn't come to the public hearing; wanted to know the actual street size and the cost of the project, feels there are a lot of distracted drivers, feels the staff shauld go door to door and talk to people about the street project, stated he doesn't read the newsletter and doesn't go on the city website. Tom Zelmer, Good Shepherd Church Principal, 145 Jersey Avenue South, stated he is concerned about the cost of the project, stated they have a lot of footage on the street, the cost of the assessment is a huge hit for the school and church, wanted to know how the cost was determined and if all school/church property is assessed the same. Tim Hoffman, 435 Yosemite Avenue North, stated he purchased his home this summer and was never notified of the project the project was not disclosed to them; stated he is happy to have a new street but had questions about the trees on his property, expressed concern about the safety of the children in the neighborhood because of the speeding cars that go through the neighborhood, including police/fire vehicles going to the apartments, doesn't want the street narrowed, had questions about the I/I program and the impact the construction may have on the sewer lines; and wanted to know if there will be any interruption of sewer, water or gas service. Regular Meeting of the City Council November 7, 2012 Page 4 Public Hearinq - 2013 and 2014 Pavement Manaqement Proqram - Continued The Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12- RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PRQPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT NO. 13-1 2013 PAVEMENT MANAGEMENT PROGRAM The motion for the adoption of the foregoing reso(ution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by #he City Clerk. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12- RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT NO. 14-1 2014 PAVEMENT MANAGEMENT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Announcements of Meetinqs Some Council Members may attend the Golden Valley Historical Society Meeting on November 8, 2012 at 7 pm at the Golden Valley Historical Society. Some Council Members may attend the Noble PTA Pancake Breakfast and Book Drive an November 10, 2012 from 9 am to noon at Noble School A Fall Leaf Drap-off will be held on November 10, 2012 at Brookview Park from 7 am to 1 pm. The City Offices are closed on Monday, November 12, 2012 in observance of Veterans Day. Regular Meeting of the City Council November 7, 2012 Page 5 Announcements of Meetins�s - Continued Some Council Members may attend the Sweeney Lake Association Annual Meeting on November 12, 2012 at 7 pm at the Regency Hospital. The Human Services Fund will meet on November 12, 2012 at 6:30 pm at the Brookview Community Center. The next Gouncil/Manager meeting is November 13, 2012 at 6:30 pm. A Bassett Creek Watershed Management Commission meeting will be held on November 15, 2012 at 11:30 am. Some Council Members may attend the Golden Valley Lions Fund Raiser (SEA Schaol Playground) on November 20, 2012 at 4 pm at the Golden Valley Country Club. The next City Council meeting is November 20, 2012 at 6:3Q pm. Some Council Members may attend the Valle D'or Townhome Neighborhood Meeting on November 27, 2012 at 7 pm at the Valle D'or Community Room. Mayor and Council Communications The Council congratulated Council Member on the birth of his son and his election as State Representative. Mayor Harris updated the Cauncil on the meeting with the Medley Hills Condo Association, United Health and Hennepin County Library Friends of the Library Group. Veteran Day activities are sche�uled at Calvary Lutheran Ghurch on November 10, 20�2. There may be Veteran Day events scheduled at the American Legion and Veterans of Foreign Wars may have events scheduled at their facilities and were directed to their websites for further information. Adiournment MOVED by Scanlon, seconded by Pentel and motion carried unanimously to adjourn the meeting at 8:28 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes November 13, 2012 Present: Mayor Harris and Council Members, Clausen, Freiberg, Pentel and Scanlon, City Manager Tom Burt, Assistant City Manager Chantell Knauss, Finance Director Sue Virnig, Director of Public Works Jeannine Clancy, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Also present from Hennepin County: Manager of Engineering and Transit Planning Joe Gladke, Commissioner, District 6 Jan Callison, Commissioner-Elect, District 2 Linda Higgins, Aide to Commissioner-Elect Higgins Steve Gershone, from the Metropolitan Council: Councilmember, District 6 Jim Brimeyer, Program Director, Federal New Starts Mark Fuhrman, Transit Planner Mary Karlssohn, from the Minneapolis Park and Recreation Board: Board President John Erwin, Manager of Public Engagement, Citywide Planning Jennifer Ringold, and from Brimeyer Fursman, Richard Fursman and Irina Fursman. The meeting began at 6:30 pm in the Council Chambers. Bottineau Transitway Locally Preferred Alternative Resolution of Support Mayor Harris stated that this item is on the agenda in order to discuss and give staff direction on Hennepin County's revised resolution of support of the Bottineau Transitway Locally Preferred Alternative (LPA). Jan Callison stated that she understands the Council's concerns regarding the D1 alignment and that she is in attendance to answer any questions the Council has. Jim Brimeyer discussed the timeline of the project and explained that if the Gity doesn't support the D1 alignment then it won't be a project because the Metropolitan Council has a policy that they won't proceed unless there is full municipal support. The Council expressed concerns that the environmental study may not be fair or may be slanted. Brimeyer stated that the studies have to follow strict guidelines and that all of the issues in the Draft Environmental Impact Study (DEIS) have to be addressed. He added that the City would still have veto power and that supporting the Locally Preferred Alternative would allow the study to continue. Joe Hogeboom handed out copies of a presentation and discussed the project including a timeline of the study events, the Locally Preferred Alternative process, the City's concerns and the next steps in the process. Councilmember Pentel expressed concern about other alignments being studied. Joe Gladke explained that all of the "D" alignments will continue to be studied and will be addressed in the DEIS. He explained the current status of the DEIS process, which runs parallel with the LPA process and allows the project to move to the next phase. Mark Fuhrman reiterated that all of the alignments will be considered in a balanced, fully disclosed way. He stated that some of the items addressed in the DEIS include impacts to transportation and intersections, park and ride locations, enviranmental impacts, wetland impacts, noise, vibration and ambient light. The Council discussed additional concerns including environmental impacts, costs, station locations, accommodations and connectivity for the Golden Valley community and parking issues. Council/Manager Meeting Minutes November 13, 2012 -- Page 2 Council Member Clausen stated that she is not willing to support the LPA resolution until Hennepin County agrees to provide 911 dispatch services to Golden Valley. Mayor Harris agreed that there needs to be appropriate security in place. Gladke said he would bring that request to County. The Council reviewed the language in the proposed resolution. After discussion the Council consensus was to go forward with proposed resolution after there has been a public farum in order to hear comments/concerns from residents. Tom Burt said staff would work on organizing the public forum and bring the resolution to a future Council meeting for further consideration. Presentation of Human Rights Commission Task Force Repart Chantell Knauss introduced the Human Rights Commission Task Force facilitators, Richard Fursman and Irina Fursman who were in attendance to present the Task Farce findings. Richard Fursman discussed the process of facilitating the Task Force and identified the following core areas of responsibility where opportunities exist for promoting human rights: advise the City Council on human rights issues, provide a forum for community members to share grievances, seek opportunities for education and resources and help build community. He stated that the Task Force came to the conclusion that the Human Rights Commission is an appropriate vehicle to address and promote human rights in Golden Valley. Irina Fursman reviewed the attachments to the Task Force report. The Council discussed the next steps and agreed that they are inclined to move forward in reinstating the Human Rights Commission but would like more time to review the report before moving forward. The Council thanked the Task Force members and facilitators for their participation, hard work and time and discussed sending a thank you letter to the Task Force members and ways to solicit feedback from them regarding their work on the Task Force. Tom Burt stated that staff will go through the existing Human Rights Commission's bylaws to make sure they are consistent with what is being recommended in the Task Force report and will bring the item, with a recommended structure, back to a future Council/Manager meeting for discussion. Electronic Reader Board Council Member Scanlon reported that the Federated Women's Club has raised $14,300 and would like to know if the City could use the money toward the purchase of an electronic reader board. She added that the members of the club would like to know that the reader board would be purchased within a year and that a plaque stating that they helped with the donation be placed on the reader board. Tom Burt stated that the cost of electronic reader boards start at approximately $18,000 and go up from there. He added that the City would need to obtain the additional money from another source and suggested the Golden Valley Foundation or other businesses. Council/Manager Meeting Minutes November 13, 2012 — Page 3 The Council discussed how the board would be used, who will use the board and what types of communication would be on the board. After discussion, the Council was in agreement that the electronic reader board was a great idea and that they would like to move forward with the process. Tom Burt said staff would bring prices and design ideas back to a future Council/Manager meeting. City Council Member Vacancy Sue Virnig explained that the Council has two options to fill the vacancy when Council Member Freiberg begins his term as State Representative. The Council can either appoint a council member or hold a special election. The Council discussed the timeline and interview process involved in appointing someone versus the timeline and costs of holding a special election. After discussion the Council consensus was to appoint a new council member, with a special election to occur concurrently with the 2013 regular municipal election. Tom Burt stated that staff would put the application on the City's website and work on scheduling candidate interviews once the application process ends. CenterPoint Energy Franchise Fee and Xcel Energy Franchise Agreement Modification Jeannine Clancy reminded the Council that at the October Council/Manager meeting Council directed staff to finalize the proposed CenterPoint Energy franchise fee ordinance for review and to initiate the communication efforts to advise the community of the proposed ordinance. Staff was also directed to review the existing Excel Energy franchise agreement. She explained that the reference to the sunset of the fee and restricting the use to Douglas Drive is nat in the proposed CenterPoint Energy agreement and has also been removed from the Xcel Energy agreement. After discussion, the Council consensus was to move forward with the CenterPaint Energy franchise fee agreement and modify the Xcel Energy franchise fee agreement. 2013-2014 Proposed General Fund Budget, Other Fund Budgets and 2013 Tax Levy Sue Virnig noted that this is the last meeting to discuss the 2013-2014 General Fund Budget, and the 2013 Tax Levy before the City Council public hearing in December. She handed out charts illustrating the analysis of percentage changes in total tax bills (2013 vs. 2012) and (2012 vs. 2011) and a chart showing 2012-2013 proposed tax rates. The Council discussed community outreach and feedback. Tom Burt noted that in 2013 the City will be doing a formal residential survey. Discussion also included the issues of crime prevention, the expansion of City communications and the use of consultants. After discussion, the Council directed staff to create talking points for them to help provide information to residents. Tom Burt stated that this item will be on the December 4, 2012 regular Council meeting agenda. Council/Manager Meeting Minutes November 13, 2012 — Page 4 2013-2017 Capital Improvement Program Sue Virnig stated that the Capital Improvement Program (CIP) was reviewed by the Planning Commission in October. She reminded the Council that items shown in the CIP will be brought forward to the Councif for approval before purchases are made. The Council asked several questions, but made no changes. The CIP will be presented for adoption at the December 4 City Council meeting. 2013 Master Fee Schedule Sue Virnig presented the draft master fee schedule for Council review prior to considering it at a Council Meeting. The Council discussed the tobacco license fees. The consensus was to keep the license fees the same as last year. The Council discussed the massage therapist fees and recycling hauler permit fees. Tom Burt said he would survey what other cities charge. Virnig handed out a sample residential utility account for the Council to review and stated that first consideration for the proposed Fee Schedule will be considered at the November 20 City Council meeting with second consideration on December 4. 2013 Legislative Agenda The Council reviewed its 2013 Legislative Policies which include reinstating the processing of passports at the DMV, seeking funding to reconstruct Douglas Drive and addressing US Highway 169 congestion. After discussion, the Council Consensus was to approach businesses to discuss their willingness to work with the City to help bring the processing of passports back to the DMV and to take the item to the Governor's office. Mayor Harris stated that he has a meeting set up to talk to the Mayor of Minnetonka about the congestion on Highway 169. The meeting adjourned at 10:45 pm. Lisa Wittman Administrative Assistant i..��'j 4.!�� .. r � Finance Department 763-593-8013/763-593-8109(fax) f .� <. _ . , � � �� ¢.r�� .�...�� _ ��k�. � : _ ��.: Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City af Golden Valley. Attachments • Document sent via email Reeommended Actian Motion to authorize the payment of the bills as submitted. c:i�yc�� Finance Department 763-593-SQ13/763-593 8109(fax) .. m,��_;:,��;��;,�"��.mfi�_ �'�..,.a��,��. gb.. ,.,-, ° ��i(��.:,.-., .: =.m.. �`"��.�- -a: .�: . .�� i( '��:� ��t�' s 2 _��. �°�� Executive Summary For Action Golden Valley City Council Meeting Decernber 18, 2012 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the 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. �b�� 't'� Inspections Department 763-593-80901763-593-3997 (fax} Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 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 name and address, license type and fee of those who have submitted an application for approval. #5821 Holiday Station Store#130 Retail Tobacco Sales $275.00 7925 Wayzata Boulevard #5819 Northern Tier Retail Retail Tobacco Sales $275.00 SuperAmerica #4443 1930 Douglas Drive North #5820 Northern Tier Retail Retail Tobacco Sales $275,00 SuperAmerica #4497 6955 Market Street #5816 RZMP Corporation Retail Tobacco Saies $275.00 Schuller's Tavern 7345 Country Club Drive #5824 United liquors#2 Retail Tobacco Sales $275.00 7751 Medicine Lake Road #5$27 Medicine Lake Winner Gas Retail Tobacco Sales $275.00 9405 Medicine Lake Road Recommended Action Motion to authorize the issuance of license as recommended by staff. �`t��' C�� = Cifiy Administrafiion/Council 763-593-3991 /763-593-8109(fax) ,�;;��ti��,�..- °, �° �,.;��,� �� ° r��nn E��,��a�t�ii��u�� , ,. _..��A�� i��,��. � �,,h�, �� n� ��.:�: � ��.� ��..,-: ....�� N �n,,i, � � °_ ��. .� ... �; ..�s'. : � Executive Summary For Action Golden Valley City Council Mee#ing December 18, 2012 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Judy Nally, Administrative Assistant Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post#523 Chester Bird American Legion Post#523 200 Lilac Drive North 200 Lilac Drive North Golden Valley, Minnesota 55427 Golden Valley VFW Post#7051 Golden Valley VFW Post#7051 7775 Medicine Lake Road 7775 Medicine Lake Road Golden Valley, Minnesota 55422 Minnesota Youth Athletic Services JJ's Clubhouse 1011 Osborne Road 6400 Wayzata Boulevard Spring Lake Park, Minnesota 55432 Crystal Lions Schuller's Tavern P 0 Box 28106 7345 Country Club Drive Crystal, Minnesota 55428 Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post#523; Golden Valley VFW Post#7051, Minnesota Youth Athletic Services and Crystal Lions. Regular Meeting of the Golden Valley Planning Commission November 5, 2012 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, November 5, ZQ12. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Gommissioners Cera, Kisch, Kluchka, McCarty, Schmidgall, and Waldhauser. Also present were Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, City Engineer Jeff Oliver, Engineer Mark Ray and Administrative Assistant Lisa Wittman. Commissioner Segelbaum was absent. 1. Approval of Minutes October 22, 2012 Regular Planning Commission Meeting MOVED by Kisch, seconded by Schmidgall and motion carried unanimously to approve the October 22, 2012 minutes as submitted. Commissioners Cera and McCarty abstained from voting. 2. Informal Public Hearing — Planned Unit Development (PUD) — Northwest Corner I-394 and Highway 100 —The 3.9.4 Apartments — PU-112 — Preliminary Plan Applicant: Global One Golden Valley, LLC Address: Northwest Corner of I-394 and Highway 100 Purpose: To allaw for the construction of a 6-story, 308 unit, market rate apartment building and a 6-story, 118 unit, senior living building. Hogeboom stated that Global One is seeking approval of a Planned Unit Development (PUD) to allow for the construction of a 6-story (75 feet), 308 unit market rate apartment building and a 6-story, 118 unit market rate senior living (assisted living and memory care) building. The apartment building is proposed to be constructed in two phases, first ta the west, then to the east. He explained that the site is made up of two parcels. The parcel to the south is a MnDOT owned property and the parcel to the north is the Mayfair Apartments property. Hogeboom referred to the I-394 study and noted that the properties are guided on the Comprehensive Plan and the Zoning Map as I-394 Mixed Use. He explained that the I-394 Mixed Use Zoning District has three height sub-district levels. The southernmost property has a 6-story height limit while the northernmost property has a 3-story height limit. The proposed building would be constructed up to the limit of where 6-stories are allowed so the building being proposed is considered to be conforming. Hogeboom referred to the proposed parking plan and stated that the applicant is proposing 191 surface parking spaces and 373 enclosed parking spaces for the apartment building which is considered to be adequate. He explained that the Zaning Code requires senior Minutes of the Golden Valley Planning Commission November 5, 2012 Page 2 living facilities to show "an adequate plan" for parking because the number of residents who drive varies greatly. Hogeboom stated that most multi-family housing developments in Golden Valley function under the guidance of a PUD permit and allow flexibility for the development to vary from City Code. In this instance, City Code (I-394 Mixed Use Zoning District) allows buildings to be a maximum of 6-stories in height as is proposed, and requires that no more than 65% of a lot be covered by impervious surface. In this praposal approximately 64.1% of the site is covered by impervious surfaces. The I-394 Mixed Use zoning district requires a 15-foot landscaped setback. The applicant is proposing a 15-foot setback area along the perimeter of the site. Hogeboom stated that staff is recommending approval of this proposal based on the following findings: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient— Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. And subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated October 1, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Director of Planning and Development, dated October 30, 2012, shall become a part of this approval. 4. The City Attorney shall determine if a park dedication fee is required for this project priar to Final PUD approval. 5. All signs on the property shall meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 3 Waldhauser stated that a few of the documents submitted by the applicant vary slightly regarding the impervious surface coverage. She also noted that the height limit noted on some of the documents indicate that the building will be higher than 6 stories. McCarty questioned why an email submitted by a resident stated that the impervious surface area is greater than 65%. Hogeboom said he thought the email was sent before he did a detailed analysis of the impervious surFace coverage. McCarty referred to the PUD findings and asked what is meant by "preserving and improving the general health, safety and general welfare of the people of the City." He asked if that language is defined in the City Code. Hogeboom stated that part of the charge of the Planning Commission is to determine if that language applies to PUD proposals. Waldhauser added that that language is from State Statute and that sometimes it means that nothing negative is being proposed. Mark Globus, Global One Golden Valley, LLC, Applicant, referred to illustrations of the proposal and reiterated that the project is comprised of two separate buildings, a 308-unit luxury apartment building and a 118-unit senior living building. He gave a brief history of the project and stated that they have been working with the City on this project for over 5 years to make it compatible with the neighborhood. He stated that one thing they've really worked on is the issue of traffic. He noted that other uses allowed in the Mixed Use zoning district would create much more traffic than the apartment buildings he is proposing. He stated that the senior building is designed to have a high level of care with residents that don't have cars which will lower the amount of traffic. He added that the amount of traffic with this proposal has been reduced by 45-50% compared to previous proposals he'd considered for this site. He stated that the property is designated for higher density and has been zoned fior development for more than 30 years. He showed the Commission illustrations of the proposed buildings and said they would serve as a transition to the neighbors to the north and will create a buffer from I-394. He added that the market rate apartments cater to long- term residents who may want to move from their existing single family home that they own, as well as young professionals looking for high quality rental units. He referred to a site plan and explained how it has been modified to keep the parking area as far away from the neighbor's properties as possible and how there won't be headlights from the proposed apartments facing into the backyards of the neighbor's properties. He also noted that they've doubled the amount of landscaped buffer area for the neighbors to the north. He stated that he understands the neighborhood is concerned about this proposal but they've worked hard to be sensitive. They've incorporated trails and sidewalks to help this development tie in to the existing neighborhood. He showed additional illustrations and said he thinks they've done a nice job with the design of the buildings. The apartment building will be a modern design and the senior building will be an old-world European design and both buildings will be clad in limestone brick and fiber cement board. Kluchka asked Globus about converting the apartments to condominiums if the market changes. Globus stated that the demand right now is for apartments and it is not his preference to convert them into condominiums. Waldhauser asked Globus if he is intending to own or sell the buildings. Globus said they would be bringing in professional management partners. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 4 Waldhauser asked Globus if he has built other projects like the one being proposed. Globus said no, but his architect, Tushie Montgomery Architects, is very well versed in this type of p rod uct. Cera asked Globus if he has had a meeting with the neighbarhood. Globus said yes, they have had a meeting with the neighborhood. Hogeboom added that having a neighborhood meeting is a requirement of the PUD application process. Cera asked about the issues raised at the neighborhood meeting. Globus said that traffic was the main concern he heard. He reiterated that this current proposal will have significantly less traffic than what has been proposed in the past and that this proposed use is one of the lowest traffic generating uses allowed in the Mixed Use zoning district. Waldhauser asked if the senior building will have any independent living units. Globus said all the units will be memory care units. McCarty asked when the senior building would be constructed. Globus said the senior building will probably be built at the same time as the first phase of the apartment building. Kluchka asked Globus to explain the reasoning of the placement of the buildings on the plan. He asked if the building location could be adjusted so 300 cars aren't going against the back fence (along the north side of the site) twice a day. Globus referred to the site plan and explained what the traffic patterns might be. He stated that some of the traffic will likely use the alley access to the west of the site. Kluchka referred to the location of the garage entrance and stated that a lot of the traffic will be on the east side of the property with virtually none on the west. He suggested that the location of the buildings be flipped to minimize trips. Cera questioned if the elevations of the site would be an issue. Globus stated that part of the design is dictated by emergency vehicle access. Grimes asked for an explanation regarding the landscaping and fence along the north side of the property. Gary Tushie, Tushie Montgomery Architects, explained that the view to downtown is the reason the apartment building was pushed toward the east of the site. He also noted that seniors typically like an "activity view" so having the senior building on the west portion of the site works for that. He referred to the landscaping plan and explained that they are proposing to have a 25 to 40 foot wide buffer along the north property line which is much larger than in previous ptans. He added that there would also be landscaping installed on both sides of the fence. Cera stated that the garage entrance lights will be a prablem because light would still shine through the buffer area. He agreed the garage entrance could be located elsewhere. Tushie noted that the proposed fence will be made of a solid material. John Bender, MFRA, Engineer for the Globus, explained that it would be difficult to change the location of the garage entrance because there is an 11-foot grade difference sa the garage entrance as proposed on the east allows for a safer entrance. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 5 Kisch asked about the number of parking spaces per unit proposed for both buildings and asked the applicant what their market studies have shown regarding parking. He stated that he calculated the amount of parking to be 1.7 spaces per unit and suggested that the applicant might be able to reduce the amount of parking. Tushie stated that the market will dictate 1 parking space per unit inside and �/2 of a parking space outside for the apartment building and the senior building will have approximately 74 parking spaces. Kisch asked about the staff to patient ratio. Tushie clarified that the overall parking ratio is 1.32 parking spaces per unit. Mark Applebaum, part of the Globus team, representing the senior living building, said the assumption is that nobody in the senior living building will have a car so staff would use the underground parking spaces and visitors would use the surface spaces. Waldhauser asked if it is common to have two adults living in a unit where one of them may have a car or be more independent. Applebaum said the residents will primarily be memory care and assisted living residents. However, it is possible that a spouse could live in the apartment building, but not in the senior building. Grimes added that the amount of parking proposed in this project seems to work well in other buildings similar to this. Kisch asked again if there would be any room in the plans to take out some of the proposed parking spaces. Tushie said that can't lose any spaces inside because they are currently at the minimum amount. Kisch suggested removing 33 surface parking spaces on the eastern portion of the property which would allow for a 40-foot buffer area for the residents to north. Grimes stated that the circulation patterns have to be maintained for emergency vehicle access. He suggested that the applicant could possibly show proof of parking, but he is comfortable with the parking as it has been proposed. Waldhauser asked if the driveway will be 20 feet side. Tushie stated that they are still working with the Fire Department on that issue. Kluchka encouraged the applicant to consider moving the garage entrance to the west side of the building since this plan is still a concept plan. Tushie agreed that they would continue to look at options in order to have cars not driving along the fence south of the homes on Circle Down. Waldhauser asked the applicant if he had pictures of the elevations of the neighboring properties. Tushie said he did not have pictures and explained that the grade change varies from 2 feet to 6 feet along the north. He also explained the location and height of the proposed retaining wall. Waldhauser asked if the 75 feet of height includes the parapet. Tushie said no. Waldhauser opened the public hearing. Shelley Maasch, 5011 Circle Down, stated that there is a significant portion of the building that is 6 stories in the 3-story zone. She showed a picture of a 6-story building behind a Chili's restaurant to illustrate the height. She said that they are going to lose their privacy and the proposed buildings will only be 120 to 130 feet away from her property. She said Minutes of the Golden Valley Planning Commission November 5, 2012 Page 6 she would like to see a transitional height because the proposed buildings seem too tall to be that close to single family residential properties. She said there should also be more than one access point and there is something wrong about having so many cars enter and exit at the same point. Harold Berman, 601 Radisson Road, stated that he has a storm sewer pipe in the back of his property and on occasion has had storm water "geyser up" out of his yard. He asked if there is a way to mitigate some of the storm water drainage. John Sonsalla, 5301 Circle Down, said this proposal will add 2,299 trips per day and he thinks that is asking a lot of the residents who live on Circle Down. He said traffic is already bad and this is asking for a lot of trouble. He stated that the entrance is right next door tQ him, 20 feet away from his house and suggested the applicant retain the angled driveway that currently exists. He said there will be a lot of added noise and he already hears noise from the Mayfair Apartments. He said he is concerned about snowplows running for three to four hours at night and two years of construction also concerns him. He said he thinks there will need to be a lot of soil remediation dane which will be noisy and shake his house. He said this project is too big for this area. Mike Iwan, 5020 Circle Down, said this project is too big for the neighboring properties, too big for the infrastructure in the area and too big according to his interpretation of the zoning ordinances. He gave the Planning Commissioners a letter stating his concerns. He asked staff where in the City Code they are getting the parking requirements because he read in the City Cade that the requirement is 2.0 spaces per unit. Hogeboom explained that the parking requirements recently changed and that he would make sure the City's web site is updated. He added that PUDs are allowed to vary from the requirements in the City Code. Iwan said this project is overbuilt for the space and they don't have enough parking spaces to support the size of building they are proposing. He stated that it is also his interpretation that one-third to one-half of their building is closer than allowed to the single family residential houses to the north. He said the proposal is not consistent with the City's Comprehensive Plan and that there is nothing "mixed use" about this project. He added that he is not opposed to development on this site; he is opposed to this development. Jane Gjerstad, 5420 Circle Down, said she already has issues getting in and out of her driveway. She said she's had people pull out around her and make a right turn in front of her so adding 2200 cars to Circle Down is unreasonable to the neighborhood. She said she doesn't understand what the applicant is thinking because this project is way too big. Dan Goldman, 5307 & 5311 Circle Down, Mayfair Apartments owner, talked about the history of the property in this area and explained that in the mid-1960s the area was zoned for multiple-family housing because apartments are a good buffer from the highway. He stated that MnDOT, after constructing I-394, left a weird shaped piece of land that is very difficult to build on and he knows what the applicant has gone through in designing this proposed project in order to appease staff. He said he thinks apartments are the best thing to be built on this property and will provide the best buffer between I-394 and the houses to the north and that an office or retail use would not be a good fit. He urged the Planning Commission to recommend approval of the proposal. Minutes of the Goiden Valley Planning Commission November 5, 2012 Page 7 David Webb, 5410 Wayzata Blvd, referred to the impervious surFace on the property and stated that the applicant is counting 8.2% of the green roof area as pervious space. He read the definition of impervious surface and the definition of a structure. He asked how the 1 to 1 credit for the pervious surface space is decided upon. He asked if the 20-foot requirement for emergency access has been addressed. He referred to Section 11.55, Subd. 7(B) in the City Code and noted that it states that hardcover surfaces for a PUD are not to exceed 42% for apartments and condominiums. He asked why the proposal is using the 65% impervious threshold as stated in the Mixed-Use section of City Code instead of the 42% threshold mentioned in the PUD section of City Code. He added that the PUD section of City Code also states that the PUD section will apply to all Planned Unit Developments. He read the definition of a "lot" where it states that all lots shall have frontage on an improved public street and said that two of the lots in the proposal don't have street frontage. He referred to the staff report which stated that buildings over three-stories in height do not have to be mixed use and said he couldn't find where in the City Code it states that. He referred to the City Code regarding the heights allowed in the Mixed Use Zoning District and said 25 feet of the building is in the three story district. Jeff Vaala, 5320 Circle Down, said his driveway is directly across from the current apartment entrance. He said is concerned about funneling the traffic down Circle Down and non-stop lights flashing on his house at all times. He said it baffles his mind that the entrance to this proposed apartment complex is on Circle Down. He stated that the home at the end of the street is a home for autistic kids so to have more cars going by that property isn't a good idea. It seems more logical to him to have the entrance an Turners Crossroad and funnel traffic into that entrance instead of Circle Down. He said it doesn't make sense to access this through a cul-de-sac of 24 homes and until they can figure out a better access this project doesn't make sense. Dale Falk, 5100 Circle Down, referred to the developer stating that people in assisted living don't drive vehicles. He said his parents just got out of 10 years of living in an assisted living facility in Columbia Heights where there was a 6-month wait to get a space in the parking garage and the exterior parking lot was completely full. In his experience there was considerable traffic going in and out his parent's facility and the applicant is absolutely false in saying the senior residents won't be driving. He added that due to the height of the building the neighbors will also lose a considerable amount of sunlight in the winter. He stated that there have been considerable problems with water in the area and that pilings will be needed. He questioned if the applicant will be dewatering the property and who will pay for the six or seven homes that will probably be damaged. He referred to Mr. Goldman's comment that an apartment building will be a wonderful buffer for the neighborhood but he thinks the trees that are there now are a sufficient buffer. He said it is interesting to him that the applicant has said he has na experience building this type of project. Laura Itman, 5300 Circle Down, referred to the Excelsior and Grand apartment project in St. Lauis Park and stated that they didn't even build those buildings 6 stories tall. She said there is no way their street can handle this amount of traffic and this project is nat feasible. She pleaded with the Planning Commission not to let this happen at this scale. Minutes of the Golden Valley Planning Cammission November 5, 2012 Page 8 Doug Wageman, 5400 Circle Down, said he is not opposed to the development but he would push to use the alley as the main access for safety reasons. He said he understands the alley isn't currently wide enough, but somehow it could be made to be the primary access. Meg Schauer, 5210 Circle Down, asked if the City has ever considered the differences in mixed use. She said that a medical clinic, a bank or a retail use would be less intrusive to the neighborhood because they have different hours of operation. She referred to busses that come down the street and said that the street is so narrow that people have to stop for the busses for safety reasons but also more traffic will interfere with the busses because they pick up kids at 8:10 or 8:15 am. She referred to the autistic group home mentioned earlier and stated that they will not adjust well to the lights and noise. She added that she also has a grandmother that drives a lot and Iives in an assisted living building. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Kluchka asked for clarification regarding the zoning district height requirements of 3 stories versus 6 staries. Hogeboom explained that the southern portion of the site, where the building would be canstructed allows buildings to be 6 stories in height. The northern part of the site, allows 3 stories in height because it borders single family residential properties. Kluchka asked about the storm water management issues. Oliver stated that the storm sewer in the area was upgraded as part of the 2011 Pavement Management Project however, in spite of the increased capacity there are still some concerns that will need to be addressed. Cera asked about the issue of the 65% versus 42% impervious surface. Grimes explained that the Mixed Used zoning district allows a maximum impervious surface coverage of 65% and the PUD section of the Zoning Code states that impervious surface is expected not to exceed 42%. Waldhauser asked if the proposed green roof was included in the calculations. Hogeboom stated that the Bassett Creek Water Management Commission would also be reviewing the plans. Kluchka referred to the traffic study and asked staff about how the traffic in this proposal will work. Grimes explained that the City looks at the traffic generation and the impact on local streets and in this case the impact to the Xenia Avenue and Golden Hills Drive intersection because there is a capacity issue at that intersection. He stated that Golden Valley has a commitment with MnDOT and the City of St. Louis Park regarding projects that would over- strain the I-394/Xenia Avenue intersection. Oliver stated that the traffic study looked at the intersections along the Xenia Avenue corridor and for compliance with the I-394 Overlay District requirements. He explained that based on the trips generated for this site, as well as potential developments at the Colonnade site and the former Olympic Printing site, all of the intersections in the study area operate at an acceptable level and traffic management plans will not be required. City Traffic Engineer Ray reiterated that the key intersection is Xenia Avenue and Golden Hills Drive because with Allianz and the Colonnade building it is a busy intersection that per the I-394 Overlay District cannot be compromised by the surrounding development. He stated that previous designs for this site which included medical uses and Minutes of the Golden Valley Planning Commission November 5, 2012 Page 9 office uses, created peak hour traffic similar to the uses in the area that would not be consistent with the requirements in the I-394 Overlay District. He added that there are proposals to do some re-striping of the lanes on Golden Hills Drive to create a center turn lane in order to help the drivers turning into and out of the office buildings. Kluchka said he is looking at seven houses that will be amazingly impacted by 335 cars in the marning and again at night. He asked how, with a narrowed street, those trips will be okay. Ray stated that it will be residentiat traffic with morning and afternoon trips, similar to the current traffic pattern. He said the proposed development will increase traffic volumes. However, there are a number of residential streets in the City that experience the same amount of traffic with the same width of 26 feet and Circle Down can handle the capacity functionally from an operational standpoint. Waldhauser asked if the existing alley could be used as the main entrance. Oliver showed the Commissioners a map and photos of the alley area. He stated traffic issues could be created because the alley isn't wide enough at 28 feet to handle utilities, snow storage and turning movements. Kluchka questioned if the applicant has worked with the alley's owner on solutions so it could be used as the entrance. McCarty stated that the propased building is a 308 unit apartment building, not 335 units. There is going to be a vacancy rate also, so there will be fewer than 335 cars. They will also have different jobs at different times during the day so the trips won't all occur at 8 am and 6 pm, they will be staggered. Grimes added that part of the reason the applicant likes this site is its proximity to jobs and good bus service and people can walk and bike ta work. Kluchka asked for clarification on how the site is using the Mixed Use overlay. Hogeboom referred to his staff report and said it should be corrected to state that a multiple dwelling of three or more units, not three stories, can be in a stand-alone building. Grimes said he also feels that the senior assisted living building is very different than the apartment building and is considered to be mixed use. Waldhauser noted that since the City did the I-394 Corridor study the market for what was envisioned at that time has changed and that the ideal mixed use doesn't always work. Kisch asked the applicant if they have worked with the owner of the alley to potentially widen it and use it as their main entrance. Globus said they have discussed many plans with the adjacent property owner a number of times over the past years to no avail. Grimes added that the City has also looked at this site and the access to this site for a number of years and has not be able to reach an acceptable agreement with the owner of the of the former Golden Hills Shopping Center to expand public access to the subject site. Kluchka asked if purchasing some of the homes on Circle Down has been discussed in order to mitigate the impact of the traffic. Globus said there is not enough margin in this type of project to start acquiring property. Grimes reiterated that Circle Down is a local street and this proposal will require that Circle Down carry more traffic than it does today, but it isn't beyond what a local street can carry. He reiterated that similar traffic has worked in other locations and he is confident it will function acceptably. Waldhauser said she thinks the concern isn't if the street can handle the traffic it is a Iivability issue. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 10 Waldhauser asked how the shadowing would change if the buildings were five stories. Tushie said the shadows wouldn't change at all and that the existing Metropolitan building already shadows the homes to the north. Cera suggested the project might be more palatable if it were smaller. Globus said he understands the concerns but he has also heard from people who like the proposed design and it will serve the needs of the City, seniors and people wha aren't looking for a single family home. He said if they reduce the buildings by one floor, the development couldn't work. Tushie referred to a site plan and showed that the entire building, with the exception of one corner "point intrusion" meets the 75-foot setback requirement. Kisch referred to the north line of the alley easement and said some of the bump-outs of the building are in the setback area. Tushie noted that the decks "bump ouY' and that he would be happy to take another look at the plans. Tushie also noted that there are 563 total parking spaces so they are proposing 27 more spaces than required. Grimes stated the Planning Commission and City Council have designated this location on the Comprehensive Plan for higher density development. He said this is a unique property and he thinks there is justification for doing a PUD for this project. He added that this is the kind of housing Golden Valley needs and it is a balance between new and existing neighbors. McCarty asked if there is a reason the existing, angled entrance can't be used. Tushie said he doesn't think staff wants the entrance to be angled like it currently exists; they want it to be straightened out for safety reasons. McCarty agreed but said keeping it at an angle would move the driveway away from the neighboring house. Kisch said his biggest concern is the access to the site. He said he wants to know why the driveway can't angle to an intersection with Circle Down and he would like that option to be further explored. He said he would also like continued exploration of interior vehicle circulation and would like the parking count firmed up. He would also suggest clarification that no portion of the 6-story building falls within the 3-story zone. He would also like exploration to be done on the "point intrusion" and he would like the final building materials subject to review during the final plan process. MOVED by Schmidgall to recommend approval of the Preliminary PUD request with Kisch's recommendations. Cera seconded the motion and asked that exploration regarding the circulation include reevaluating the location of the garage entrance. Waldhauser said she would not be in favor of requiring the developer to loak at the "point intrusion" encroachmenfi. She said it is a tight space and an oddly shaped property and resolving that encroachment would not substantially affect the neighbor's concerns. McCarty agreed. Kluchka said because this is at the concept stage he would like it to keep going through the process, but he wants the items discussed to be strong recommendations. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 11 After discussion, the Planning Commission unanimously agreed to recommend approval of Preliminary PUD Plan for The 3.9.4 Apartments—PU-112 subject to following conditions and findings: Conditions 1. The plans submitted with the application shall became a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated October 1, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Gity Engineer Jeff Oliver to Mark Grimes, Director of Planning and Development, dated October 30, 2012, shall become a part of this approval. 4. The City Attorney shall determine if a park dedication fee is required for this project prior to Final PUD approval. 5. All signs on the property shall meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 7. The applicant shall further explore the option of an angled driveway entrance to the site from Circle Down. 8. The applicant shall further explore the interior vehicle circulation of the site. 9. The applicant shall confirm the number of parking stalls proposed for the entire site. 10. The applicant shall further explore options for the location of the garage entrance. Findin s 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient — Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Gompatibility. The PUD Plan results in development compatible witli adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. Generat Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 12 3. Informal Public Hearing — Minor Subdivision — Glenwood Avenue and Harold Avenue — Olin Woods — SU17-10 Applicant: Dr. Paui Olin Addresses: Lot 1, Block 1 Olin Addition and Lot 1, Block 1 FahrendorffAddition (Glenwood Avenue and Harold Avenue) Purpose: To allow for the reconfiguration of two existing single family residential lots into three new single family residential lots. Grimes stated that the applicant lives at 6900 Harold Avenue and is proposing ta subdivide the two properties to the south of 6900 Harold Avenue inta three single family lots. All three new lots would exceed the minimum lot size requirements hawever two of the lots would not meet the minimum lot width requirement. The applicant is requesting a variance from the minimum lot width requirement because he would like all of the Iots to have access on Harold Avenue. He stated that Harold Avenue is a very large cul-de-sac and can support three driveways. Also, the City and the County would prefer that there not be driveway access on Glenwood. Dr. Olin included a conforming plan showing three lots that would meet the minimum lot width requirement of 80 feet. However one of these lots had access on Glenwood Avenue. Waldhauser clarified that the conforming option doesn't need variances, but the City and County don't prefer that option. Grimes said that is correct and added that one of the conditions of approval of the proposed option would be not to allow a driveway on Glenwood Ave. Waldhauser stated that there would be no variance issues if the property was divided into two lats instead of three. McCarty referred to the proposed site plan and asked if the jog in the property line is okay and if Lot 3 would be able to meet all of the setback requirements. Cera said the lots could be made wider. He added that this is a difficult situation because the need for the variance is being created by the landowner. McCarty agreed and noted that economic difficulties do not constitute a hardship and the situation regarding th� hardship is created by the landowner in this case. Peter Knaeble, Terra Engineering, representing the applicant, referred to the proposed plat and explained that the lot widths wouldn't change even if they added property from a fourth lot. It would make the lots more uniform, but it would not make them wider due to the curve along the Harold Ave. cul-de-sac. He said they would agree to subdivide the property either way, they just think it is better to have all of the driveways have access on Harold Ave. instead of having one of the driveways on Glenwood Ave. He added that the fourth lot is also a man-made wetland area. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 13 Kisch asked if Hennepin County would grant a driveway access on Glenwood Ave. Grimes said the County would probably have to grant aecess on Glenwood Ave, but he thinks they would want to avoid having a driveway in that location. Cera said he thinks the Planning Commission should have a discussion about how to handle these types of subdivision requests that ask for variances. Grimes agreed but noted that this is a unique property. Kisch asked where the walkway easement would be located. Knaeble concurred with the recommendation for the walkway easement and said it would be added to the final plat. Grimes noted that the walkway easement will overlap a utility easement. Kisch suggested expanding the walkway easement so the sidewalk doesn't go right up to the edge of the setback line. Grimes explained that there will be approximately 25 feet of width in which to install a 6-foot wide sidewalk. McCarty said he is having a difficult time finding a hardship for this proposal. Kisch said he thinks the County's preference for the location of the driveway access and the shape of the properties are driving this proposed lot configuration. McCarty reiterated that the property owner is creating the hardship. Waldhauser said she is in favor of the proposal and thinks it is a good infill development that is good for the City and that granting the variance from the lot width requirement is not detrimental in this case. Cera suggested that there is a safety hardship in this case because it will be safer not to have a driveway on Glenwood Ave. McGarty reiterated that the applicant could split the property into twa lats. MOVED by Schmidgall, seconded by Kluchka and motion carried 4 ta 2 to recommend approval of the proposed subdivision with the lot width variance as requested with the conditions and findings below. Commissioners McCarty and Cera voted no. Conditions 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$850 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated October 26, 2012 shall become part of this approval including no driveways to the rear of the lots from Glenwood Ave. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. 6. The Planning Commission recommends approval of the subdivision variance allowing Lots 1 and 2 to be narrower at the front setback line from Harold Ave. Findinqs 1. The proposed Lot 1 measures 62.6 feet in width along Harold Ave. front setback line. 2. The proposed Lot 2 measures 66.6 feet in width along the Harold Ave. front setback line. 3. Section 12.20, Subdivision 5(A) of City Code requires that interior lots measure at least 80 feet in width along the front setback lines. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 14 4. Reducing the lot width requirement eliminates the construction of a driveway on to a minor arterial street that carries 12,000 trips per day (Co. Rd. 40 or Glenwood Ave.) In addition, the driveway to the conforming lot on Glenwood would be located on a curve near the intersection with Harold Ave. and near the intersection with TH 55. Both the County Public Works staff and City Public Works staff recommend against additional driveways on Glenwaod Ave. when there are other alternatives. 5. Furthermore, Section 12.54 (Subdivision Chapter) states that the City Council may grant a variance if findings are made on all of three conditions. These three conditions are as follows with the recommended findings: 1. There are speciaf circumstances for conditions affecting said property so that the strict application of the provisions of this Chapter would create an unusual hardship and deprive the applicant of reasonable use of his tand. Economic difficulty or inconvenience shall not constitute a hardship situation for the purpose of this ordinance. Finding: If the plan with three conforming lots were approved, one af the lats would have driveway access from Glenwood Ave. on a curve. This creates an unsafe condition for the location of a house. The location of this lot at this curve is a special circumstance and creates an unusual hardship for the sale and occupancy of the lot. 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Finding: Without the variance, any sale of the lot with a driveway access on a curve of Glenwood Ave. would be much less likely and reduce the owner's ability to sell the property in manner consistent with the General Land Use Plan for the City. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood in which said property is situated. Finding: If there was a lot constructed on the curve of Glenwoad Ave., this could be considered a detriment to the public welfare and injurious to other property in the area. If the variance was granted to allow the three lots to came off the cul-de-sac, this would not be detrimental to the neighborhood. This street has adequate capacity to handle three additional driveways and 30 additional trips per day (approximately 10 trips for single family home). 6. The proposed variance is consistent with the other land uses in the area and that the Olin Woods plans with three driveways on to Harold Ave. is in the public interest in order to reduce traffic conflicts and safety. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Na reports were given. 5. Other Business No other business was discussed. 6. Adjournment The meeting was adjourned at 10:11 pm. Minutes of the Golden Valley Planning Commission November 5, 2012 Page 15 David A. Cera, Secretary JOINT WATER COMMISSION MINUTES Golden Valley-Crystal - New Hope Meeting of November 7, 2012 The Golden Valley—Crystal— New Hope Joint Water Commission meeting was called to order at 1;32 p.m. in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Tom Mathisen, Director of Public Works/City Engineer, Crystal Guy Johnson, Director of Public Works, New Hope Jeannine Clancy, Director of Public Works, Golden Valley Dave Lemke, Utilities Supervisor, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Minutes of September 5. 2012 Meetin� MOVED by Norris, seconded by McDonald and motion carried unanimously to approve the minutes of the September 5, 2012 meeting as presented. Resolution 12-05 Amendin�the Adopted 2013 General Fund Bud�et of the Joint Water Commission Commissioner McDonald introduced the following resolution and moved its adoption of the amended 2013 budget total of$7,931,120: RESOlUTION 12-05 RESOLUTION OF THE JOINT WATER COMMISSION AMENDING THE ADOPTED 2013 GENERAL FUND BUDGET The motion for the adoption af the foregoing resolution was seconded by Commissioner Norris and upon a vote being taken thereon, the following voted in favor thereof: Burt, McDonald, and Norris; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Update on Emer�encv Water Supqlv Feasibilitv Studv Clancy received an updated schedule from Brian LeMon, Barr Engineering Co., for the Emergency Water Supply Feasibility Study. Due to a delay in getting some of the necessary data for the report, LeMon anticipates a draft will be ready during the week of November 19. Water Meter Improvements Proiect Clancy reported the City of Golden Valley has approved a contract in the amount of$759,257 with Magney Construction. The estimated JWC construction costs are $399,628.50.The contracts have been signed by the contractor and staff is in the process of getting Golden Valley signatures. Some portions of the work will be done by the City of Minneapolis and staff is coordinating that work with Minneapolis and the contractor. H:\boards-commissians\b-c-unapproved minutes-email\2012�wc-11-07-12.doc Joint Water Commission November 7, 2012 Page 2 of 2 New Hoae Well Mathisen reported work is ongoing with the Minnesota Department of Natural Resources. Coun� Road 9 Proiect Update Mathisen reported that the soil testing is completed and results have been received. Some pilings wil► be necessary. The cost for the piling shauld be cavered by the contract amount. Construction is still scheduled for 2014-2015. Other Business 1. Burt received an email from Scott Harder on the water rate study with the City of Minneapolis. He thought the negotiation process with Minneapolis will take place in the spring or early summer 2014. 2. Mathisen discussed the changes in climate and how it appears to be affecting the recent number of storms and the amount of water that is overloading cities infrastructure. Cities may have to look at how infrastructures are designed in the future. Based on experience, FEMA is predicting more localized flooding. 3. The next Minneapolis Water Advisory Board meeting is scheduled for Thursday, December 5. McDonald reported that New Hope will not have a representative attending the meeting. Next Meetin� The next scheduled meeting is December 5 at 1:30 pm. Adiournment Chair Burt adjourned the meeting at 1;46 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary H:\boards-commissions\b-c-unapproved minutes-email\2012�wc-11-07-12:doc Minneapolis Drinking Water Advisory Board Me�ting No. 12 Minutes August 23, 2012—4:00 pm Hiawatha Maintenance Facility, Minneapolis In Attendance Sandra Colvin Roy, City Council Member and Chair, City of Minneapolis Berni� Builert, Director of Water Treatment&Distribution, Minneapolis Water Works Glen Gerads, Assistant Director af Water Treatment& Distributian, Minneapolis Water Works Dafe Folen, City of Minneapolis Annika Bankston, City of Minneapolis Brette Hjelle, Director, Adminiskration—Public Works, City of Minneapolis Rory Neuner, Interagency Cpordinator—Public Works, City of Minneapalis Mike Freiberg, Council Member, City of Golden Valley Tom Burt, City Manager, City of Golden Valley Bert Tracy, Pubfic Works Maintenance Manager, City of Golden Vailey Anne No�ris, City Manager, Gity of Crystal Tom Mathisen, City Engine�r, City of Crystal Brian �Ison, Direetor of Pubiic Works, City of Edina Joni Bennett, City Council Memb�r, Gity of Edina Bob Cockriel, Utilities Superintendent, City af Bloomingtvn Allen Dye, Metrvpolitan Airports Commission Kevin Hansen, Director of Public Works, City of Columbia FfeEghts Kathi Hemken, Mayor, City of New Hope Kirk McDonald, City Manager, City of New Hope Kabby Jon�s, HDR Engineering, Inc. Brian LeMon, Ba�r Engineering Company Call to Order Chair Calvin Roy called the meeting to vrder at 4:01 pm, Appraval of Minutes MC)VED by Burt, seconded by Norris, motian carried unanimously ta approve the minutes of December 8, 2011 as presented. Whvlesale Meter Ownership(Bullert} The City of Minneapolis is working with the Joint Water Commission in preparation of a Memarandum of Understanding addressing ownership of water meters and shifting ownership to Minneapolis. Minneapolis is proposing to do the same with all of its custome►s. Bullert will follow up with a letter to its customers stating MinneapoJis intent. Study Updates Brian LeMon, Barr Engineering Campany, prepared and presented both the JWC and Minneapolis Backup Water Supply studies.The JWC and khe City of Minneapalis are in communication regarding the efforts being done by both parties. Backup Water Supply(JWC� For several years, the JWC Technical Advisory Committee(TAC} has been working on backup water supply planning. The New Hope well recently gained approval from the Minnesota Department of Health to ga back online for that purpose. 7he TAC also fooked at driffing mors weils and askQd Barr Engineering Company to prepare a backup water supply study investigating optians. The New Hope well would supply one-fifth of the JWC's water demand. The JWC is looking at drilling three more wells in addition to the New Hope well which would provide the average day backup supply. Because the wells ara considered an emergency water supply, the water will not be softened, but chemicals will be added to manage the iron and manganese, and the pH levels will be monitored as the water enters the system. The cost is estimated to be about$4.2 million total to design and build the wells. G:LJWClWA81MINUTESlWA6 Meeting Twelve Mlnutes(082312).docac t Developing the feasibility study is the next step. The study will look at siting the three welis to determine the best locatfon far distribution of the supply. Minneapolis is currently looking at its needs and also providing a backup supply for its customers, At its May 7, 2012 meeting, the City Councils of the JWC directed Barr to work on the feasibility study. The feasibility study will be ready for the JWC to review in Octobe�2012. Minneapolis Backup Water Supply(Bullert,� As an averview, Bullert stated there have been alternative water supply studies dating back to the 1930s. The Minnesota Department of Natural Resaurces (DNR)suggested Minneapolis look at providing an aliernate supply saurce through welis. Minneapolis staff presented the information to its elected officials to get policy direction to go the next step. Folen added that over the years, many ideas and locations for a surtace water backup supply have been considered. Minneapolis'current single source supply is the Mississippi River. Minneapolis asked Barr Englneering fo do same of the modeling to determine what#he water quantity would be if wells were used. 7he number of wells needed to supply its custome�s would be between 30 to 40 welis. The goal is to find 50 to 64 mgd af groundwater supply, Project limitations involve aquifer capacity, well interference, potential contamination and treatment process, and aquifer regulation. At some point, Minneapolis will me�t with regulators to discuss the amount af groundwater pumped and incorporating into the system. Sites considered are the Fridley campus, public areas near Columbia Heights campus, open spaces in North Minneapalis, and southwest pump station, Seven alternatives were identified, analyzed and ranked. Altematives 5, 6 and 7 were ranked the most favorable, within 9% in cost, and woufd supply the le�st regulated water. The DNR recommended Minneapolis use a mix of aquifers as the source, The costs identified range from�46 million to$57 mil{ion. Forward loaking, the three favorable altematives will be taken to the next step and will be refined as data is available. Minneapolis wiil then engage the regulators, revise the plan, and submit it to the Capi±al Long-Range fmprovement Gommittee {CLIC}to review and take to the next step involving other policy makers, Colvin Roy was not sure something specific will be included in the CIP that will be adopted in December 2012, Minneapoiis will continue ta keap the Water Advisary Board members up-to-date. Next steps will include a detailed groundwater model(identify properties impacted), water chemistry cansideration, and preparation of a feasibifity study(once the alternative is selected}for a more detailed cost estimate. Edina Council Member Jani Bennett stated that Edina has its awn backup water suppiy and therefore will not be a part of the distribution of an emergency system. Bennett wanted to know how customars, like Edina,will be compensated for not needing to receive Che backup water supply from Minneapolis. At this time, Bullert did not know how the cost to the small area in Edina currently receiving water fram Minneapolis would be affected. Calvin Roy would try to provide rnore information fo�Bennett to teke to the Morningside Neighborhood Association meeting scheduled for the end of October, Pro Forma Review(Bullert} Bullert walked through the Water Fund Pro Forma—2012 Gouncil Adopted Budget with the WAB. Sales volume of water continues to decline. The percent increase on a cost per billing unit basis is projected to be under 3%. Bullert will send aut a letter to the customers notifying them of the rate increase. He will include an outline of the capital imp�ovements in the letter, Minneapalis is rnaving farward with infrastructure mai�tenance improvements.Water production is trending dawnward and because of this trend, ieak detec#ian has taken a higher priority. Bullert said the historic Columbia Heights facility is still being considered for upgrading. Staff hopes to have a program together by this fall tar the improvements. 7he pro forrna does not include a projection far the backup water supply study. Bullert is waiting for further direction from the City Counci!before it can be added to the budget. G:UWC1WA61MINUTESIWAB Meeting Twelve Minutes(082312).docx 2 Other Business Sandra Colvin Roy will take former Golden Valley Mayor Linda Laomis' place on the Metropolitan Arsa Water Supply Advisory Committee(MAWSAC} representing Hennepin County. Next Meeting (Neuner} The next meeting is scheduled for Thursday, December 6, 2012. The mseting topic wiil be capital projects. Adjournment Cha'rr Colvin Roy adjourned the meeting at 5:44 pm. Respectfully submitted: 0 t Schutrop dministrative Assistant, City of Golden Valley G:1JWC1WAB1MINiJTEStWAB Meeting Twelva Minutes(Q82312).docx 3 Human Rights Commission Task Force Meeting Minutes August 29, 2012 — 6 pm Task Force Members Present: -Scott Charlesworth-Seiler -Hilmer Erickson -William Flanary -Mickey Greenburg -Christopher Jordan -Dwayne King -Alicia Kopp -Peggy Leppik -Deanna Mazone -Denise Mazone -Jeffrey Prottas -Steve Schulz -Sharan Soike -Sam Weisberg Staff Members Present: -Chantell Knauss Facilitators: -Richard Fursman -Irina Fursman There was lengthy discussion concerning the identified functions that need to be perFormed whether a commission is established or not. Discussion ensued regarding creation af an ombudsman's office and whether that would be sufficient to handle identified functions as there is no expectation to act other than to refer matters to the proper authorities. There was debate as to whether a commission or ombudsman's office would be appropriate and whether either would be internally-focused and reactive as opposed to externally-focused and proactive. There was consensus that awareness should be brought to human rights issues through education and shared resources. There was not consensus that the community needs a local place and/or process to air grievances when they occur. Group Discussions Members were separated into two groups to discuss responsibilities and ideas. Ideas for responsibilities included: Advisory Role to Council -Based on community feedback and patterns of incidents Education/Resources -Keep updated list of resources to refer community to -Provide information to publish in city newsletter -Sensitize community to different groups in community -Publicize there is a high expectation for human rights in Golden Valley -Attending events/speaking events at schools to educate students Approval of MeetinclMinutes of 08/09/12 and 08/20/12 An amendment was made to clarify the comparison of Galden Valley school populatians at the battom of page 2. Hilmer Erickson moved to approve the minutes of the 08/09/12 and Q8/20/12 meetings; seconded by Christopher Jordan. The meeting minutes were approved by consensus. Human Rights Commission Task Force Meeting Minutes September 13, 2012 —6 pm Task Force Members Present: -Hilmer Erickson -William Flanary -Mickey Greenberg -Christopher Jordan -Dwayne King -Alicia Kopp -Peggy Leppik -Bernie Milstein -Jeffrey Prottas -Sharon Soike -Sam Weisberg Staff Members Present: -Chantell Knauss Facilitators: -Richard Fursman -Irina Fursman Members expressed concern that the summary meeting minutes are too vague and don't reflect the depth of discussions. The summaries prepared by the facilitators will be included in the documents that are forwarded to the City Council to provide more detailed information. Members were asked to share their opinions of where things are at this point. Responses were: -Dan't think the group should engage in political discussions. Diseussions should be tailored towards the need for and responsibilities of a commission. -Desire for recommendations to the City Council to reflect all opinions of task force members, including dissenting opinions. -Desire to wrap up the task force meetings. Feels the meetings have gotten side-tracked by other issues and the group should work toward deciding what the commission shauld look like. -Discussions have been very passionate. Most residents seem to be unaware of issues that affect the community or may not understand what the issues are. The commission needs to be responsive to the specifics of the incidents taking place (or that might take place) and should be aware of the vast opportunities to educate the public about these issues. -Asked for historical data on the HRC at the first meeting and never was provided with that information. Believes it is appropriate to have a Human Rights Commission in Golden Valley. -Does not believe there will be a cansensus. Disappointed the group hasn't gotten further. -There does not seem to be consensus on the scope of a commission- proactive vs. reactive. There needs to be same resolve to mave forward. -Unsure if we need a commission. Would the city have one just to have one? -Would like to finish task force work at this meeting and work to define the goals of the commission. -The client is the objective, which is to assess the current state of human rights in the City of Golden Valley and make a recommendation to the City Council as to the appropriate avenue through which to convey information to the City Council. Review There is consensus on the functions of a Human Rights Commission as it is currently struetured: 1. Assess needs and inventory services 2. Outreach and education for the public 3. Advise the City Council 4. Address and bring to light discrimination There is consensus that issues or circumstances brought up at prior task force meetings (including police-related incidents, employment discrimination, etc) have other remedies, agencies and/or resources available to address and handle those concerns. There is consensus that opportunities exist for a Human Rights Commission or alternative body to make contributions to or promote the furtherance of human rights in Golden Valley. The areas of opportunity include: 1. Educating and sharing resources with other communities and other commissions 2. Creating a local sense of community through events and activities 3. Advising the council by serving as the ears and eyes of the community 4. Provide a safe, local place for people to share their concerns There is consensus that the Person/body tasked with responsibility of promoting human rights should: Education & Resources 1. Keep list of resources available up-to-date 2. Provide information to the editar of the city newsletter for publication 3. Sensitize the community at large to different groups 4. Educate about high expectations of human rights in Golden Valley 5. Attend events and schedule speaking engagements promoting human rights 6. Bring awareness to recognize signs of abuse and provide guidelines Buildin,.g Community 1. Serve the City Council as an advisory board 2. Greate opportunities for dialogue in the community 3. Actively communicate that Golden Valley is a safe and welcoming place 4. Promote and facilitate human rights issues in collaboration with existing groups in Golden Valley 5. Conduct a survey of community feedback and provide recommendations based on information returned in the survey There was discussion concerning the responsibility of a Human Rights Commission or alternative body when it comes to providing a safe place for people to tell their story. Members expressed ideas and commented on expectations of a commission/alternative body, including: -Track patterns of complaints -Screen cases for advisement to the Council -Have ongoing oversight of the commission/alternative body -Provide training to commission members Small Groups were formed to review the responsibilities and determine whether members believe each responsibility should be handled by an HRC or an alternative body. A motion was made to acknowledge there is a need for a Human Rights Commission in the City of Golden Valley. The motion was seconded and approved unanimously. Expectations of Commission Members -Regular meeting attendance -Only congregate during regularly scheduled meetings (no side meetings) -Have an open line of communication with members and the City Council -Understand extent of Human Rights Commission authority and respect the authority of the City Council -Undergo initial and continued training -Members should not be narrowly focused There was concern expressed regarding the police department being the contact for the Human Rights Commission. It was suggested that once a year the City Council has a meeting with commission members to have an open dialogue concerning the commission's work and how commissioners feel about how things are going. Task force members drafted the following mission statement for a Human Rights Commission- "To help promote and nourish a safe, respectful and welcoming community." There was a motion to approve the meeting minutes from 08/29/12. The minutes were approved with one dissenting vote due to the vagueness of the minutes. BCWMC �ctober 18, 2012, Meeting Minutes Bassett Creek Watershed Management Commission Minutes of the Meeting af October 18, 2012 Commissioners and Staff Present: Crystal Commissioner Dan Johnson Plymouth Commissioner Ginny Black,Chair Golden Valley Commissioner Stacy Hoschka, St.Louis Park Commissioner Jim de Lambert, Vice Chair � Treasurer Medicine Lake Commissioner Ted Hoshal,Secretary Counsel Charlie LeFevere Minneapolis Alternate Commissioner Lisa Goddard Engineer Karen Chandler Minnetonka Commissioner Jacob Millner Recorder Amy Herbert New Hope Commissioner John Elder Note: City of Robbinsdale was not represented Technical Advisory Committee Members and other Attendees Present: � Derek Asche,TAC,City of Plymouth Tom Mathisen,TAC,City of Crystal Pat Byrne,TAC,City of Minneapolis Richard McCoy,TAC,City of Robbinsdale Mary Gwin-Lenth,New Hope resident Fred Moore,citizen Dave Hanson,Alternate Commissioner,City of Golden Jeff Oliver,TAC,City of Golden Valley Valley Gary Holter,AMLAC!Medicine Lake resident John O'Toole,Alternate Commissioner,�Medicine Lake Bruce Larson,AMLAG Medicine Lake residant David Stack,owner of property in Minneapolis Linda Loomis,Golden Valley residenU BCWMC Plan Liz Stout,TAC,City of Minnetonka Steering CommitCee Chair Scott Marks,Medicine Lake resident 1. CALL TO ORDER AND ROLL CALL On Thursday, (Jctober 18,at 1 I:34 a.m„ Chair Black called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC)and asked for ro]] call to be taken. 2. CITIZEN FQRUM ON NON-AGENDA ITEMS No citizen input. 1 BCWMC October 18, 2012, Meeting Minutes 3.AGENDA Commissioner Elder moved to approve the agenda. Alternate Commissioner Goddard seconded the motion.The motion carried unanimously with eight votes in favar[City of Robbinsdale absent from voteJ. 4. CONSENTAGENDA Alternate Commissioner Goddard moved to approve the Consent Agenda.Commissioner Millner seconded the motion. The motion carried unanimously with ei�ht votes in favor[City of Robbinsdale absent from vote]. [The following items were approved as part of the Consent Agenda: the September 20,2012, meeting minutes,the October 2012 Financial Report,Payment of invoices,Legal Counsel Communications,Final Reimbursement Reguest from the City of Plymouth for Bassett Creek Reach 2 Restoration Project,Reimbursement Request from the City of Plymouth for the Feasibility Study for the Four Seasons Mall Area Water Quality Project,and the Proposed Agreement with the City of Golden Valley far the Preparation of the Feasibility Report for Waker Quality Improvement Project BC-7 (Briarwood/Dawnview).] 5.NEW BUSINESS A. Request from AMLAC (Association of Medicine Lake Area Citizens) to Install Controllable Weir at the Medicine Lake Dam.Chair Black provided background on the request,including the fact that this issue was in front of the Commission at its March 15,2012, meeting. She said that at that time the Commission recommended that AMLAC or the City of Medicine Lake write a letter to the Minnesota Department of Natural Resources(DNR)communicating AMLAC's rec�uest for the dam to be raised. She said that also at the March meeting the Commission agreed to share the results of the SWMM model with the City of Medicine Lake. Chair Black noted that in March AMLAC reported to the Commission that the DNR suggested the group get a petition and she said AMLAC hasn't said whether or not their petition was submitted to the DNR. Bruce Larson of AMLAC said that it has not been submitted to the DNR. Chair Black said that the final recommendation made by the Commission in March on this issue was that the Commission Engineer compile and distribute to the Commission,AMLAC, and the City of Medicine Lake the infarmation that has been previously prepared and presented by the Commission on the topic of the lake level of Medicine Lake.Chair Black said that the City of Plymouth staff found a copy of the construction agreement for the current dam and the last provision of the agreement states that Hennepin County owns the dam. Bruce Larson of AMLAC said the issue is that every year the lake becomes low in the last part of the summer. He said the low water leve] makes it hard for the lake to be used for recreational boating because the water is too shallow for the boats to get to the docks and the boat launch at French Regional Parl�is designed in such a way that when the water gets that low,trailers cannot be backed in far enough for boats to be launched. He said that his proposal, which has support from AMLAC and the City of Medicine Lake,is that from August ls`to September 15`h of each year,the lower part of the weir would be raised six inches, using sandbags,to hold water back in Medicine Lake. He said that this action would extend the boating season on the lake through August.Mr. Larson said this was done two years ago when the City of Plymouth ran a sanitary sewer line under the creek and used sand bags as a temparary measure to keep the area dry during the construction project, which had the effect of keeping water in the lake and making the lake more recreationally usable. Mr.Larson said he doesn't see a danger of flooding in August or September and if there is a particularly wet year,then the sandbags wouldn't need to be put in that year. Alternate Commissioner Goddard asked who would be responsible far putting in and removing the sand bags. 2 BCWMC October 18, 2012, Meeting Minutes Mr. Larson said he believes that he could get khe City of Medicine Lake to do that work and pay for it. Commissioner Hoshal asked Mr.Larson if he has spoken with Kate Drewry of the DNR, who is the Area Hydrologist for the region that includes Medicine Lake. Mr. Larson said that he has not. Commissioner Hoshal said that in the past he had agreed to contact her to find out the process to make an alteration like the one being proposed,so he recently sent her an e-mail asking for the information and has not heard back. He said that he has expressed previously that he doesn't think it is appropriate for AMLAC to ask the Commission to consider an alteration of the dam without first going to the DNR and getting its go-ahead. Commissioner Hoshal brought up for discussion the idea that maybe a similar issue is going on with Medicine Lake that has been happening with White Bear Lake in terms of the drawing down of the aquifer under the ]ake having a long-term effect on the lake level. He said that he thinks the Commission should elect ta do something about this and look at it from an entire-watershed perspective. Commissioner Hoshal said the Commission should consider whether the demand on ground water in the watershed is affecting the lake leve] of Medicine Lake.He wondered if ground water modeling would provide any data. Commissioner Elder raised his strong concern that the proposed temporary change in the lake level would alter the 100-year floodplain and although he understands the concerns about the recreationa] use of the lake, he thinks that it is the Commission's duty to maintain the floodplain. Chair Black said that one concern raised on numerous occasions is that water is leaking under or through the dam and asked if, when staff examined the dam earlier in the season, any leakage was noticed.Commissioner Hoshal said that he and Commission Engineer Jim Herbert went to the dam and didn't see any indication of water movement through or under the dam. Commission Hoshal said that he Thinks it is still inconclusive and noted that a summary of the examination was provided by Mr. Herbert and is included in the meeting packet. The discussion continued about water levels of the lake,elevations of different parts of the Medicine Lake dam, assumptions of water models, possible ground water issues affecting Medicine Lake, and evaporation. Alternate Commissioner Goddard asked if AMLAC has talked with Hennepin County about the proposal. Mr. Larson said no,the idea was to first approach the BCWMC and if there was a favorable response then AMLAC would move forward with the other groups. Mr.Mathisen provided history on the 1960s paper TP40,which became the basis for floodplain modeling, and noted that it is being revised and will be published in January or February. He said it may provide a better long-term prognosis for lake levels. Chair Black said that the Medicine Lake dam and a lot of homes around the lake are located in the City of Plymouth. She said the City is another jurisdiction that would need to be involved with the proposaL She said that the Plymouth City Council showed no support to the idea Qf having a study session on th�topic of the raising of the dam. She said that�the City Counci]'s concern is the floodplain issue and the possibility of putting more homes at risk. Chair Black said thaC she doesn't know what the Council's opinion would be on this new proposa] of a temporary raising of the dam. Mr.LeFevere said that if any part of the structure is raised and is holding water back and then there is rain or a flood,the flooding would be greater than it would have been prior to the structure's modification. He said that any governmental entity being called on to do the modification would be reluctant because of the risk associated with it without buying the low-lying properties and buying additional easements and flooding and flowage rights,which would be an expensive undertaking, Mr.LeFevere said that if the structure is modified and flooding occurs then lawsuits could be involved. He said that some government entity would have to buy into the idea that the recreational value of the lake through making the improvements is great enough to justify that public expense. Mr. LeFevere said that this would be the process whether the modification to the structure was a temporary modification or a permanent one. 3 BCWMC October 18, 2Q12, Meeting Minutes Commissioner Hoshal asked if the Commission would like to see the e-mail that he sent to I�ate Drewry of the DNR and any response he may receive from her. Chair Black said yes. Commissioner Elder said he recommends that the Commission encourage AMLAC to work with the cities of Plymouth and Medicine Lake as well as with Hennepin Caunty and make it over those hurdles before a proposal comes in front of the Commission because conversations with those entities pre-empt the Commission.Chair Black concurred and said that the BCWMC does not own the dam—Hennepin County does,the dam is located in the City of Plymouth,the DNR regulates the dam and the issue is a recreational one that seems to impact the cities more than the watershed. She suggested that AMLAC raise the issue during the public forum at the next Plymouth City Council meeting and request a study session. She noted that AMLAC's communication with DNR about the proposal is vital. B. Update on Request from Goiden Valley and New Hope for Dispute Resolution.Mr. Oliver reported that the mayors and staff from the communities have met and are discussing the issue, which appears to be moving in a positive direction. He said that hopefully soon a report on those discussions will be ready to be provided to the Commission.Chair Black said that the item will be added to the future agenda items list and the cities can let the Commission know when they are ready for the issue to come back in front of the Commission. 6. OLD BUSINESS A. Update on 5earch for Administrator. Commissioner Hoschka announced that the Commission received proposals in response to its Request for Proposals, which had an October 17`h deadline. The Commission discussed its timeline for the next steps in the process and asked that Ms. Herbert coordinate a meeting of the Administrative Services Committee for October 25`h or 26`h to discuss the proposals. B. Next Generation Watershed Management Plan. Commissioner de Lambert said that the meeting packet contains the notes from the Plan Steering Committee's September meeting and said that Linda Loomis has volunteered to chair the Committee. The Commission listed the names of the Committee members: Linda Loomis, Jim de Lambert, Ginny Black,Wayne Sicora,Justin Riss,Lisa Goddard,Michael Welch,John O'Toole,Jeannine Clancy,Derek Asche, and Karen Chandler. Pat Byrne and Ted Hoshal volunteered to be part of the Committee. Commissioner Elder moved to appoint Linda Loomis as the Chair of the Plan Steering Committee meeting. Commissioner Millner seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. Commissioner Johnson moved to appoint the P1an Steering Committee members as listed. Commissioner de Lambert seconded the motion. The motion carried unanimousl,y with seven votes in favor[City of Robbinsdale absent from vote] and one vote abstained [City of Medicine Lake]. Linda Loomis reviewed the agenda for the Committee's Monday,October 22"d meeting. Chair Black reviewed the Committee's September meeting notes and the issues the Committee identified as being part of the Plan review process.Commissioner Johnson said that it sounds like groundwater is an issue that should be reviewed during the planning process. Chair Black asked that a policy review be incorporated in ro the issue review process. She said that the Commission's policies should be reviewed and reaffirmed or modified. C. Continue Work on the Policy Manual.Chair Black directed Ms. Herbert to incorporate the revisions to Section 3.2.2 of the draft policy manual to reflect the new "Capital Improvement Program (CIP)Flow Chart' and the"CIP Project Flow Chart."Chair Black asked for assistance from Ms. Herbert to complete work on the policy manual. Ms Herbert responded that she felt it was a lot of work and she would prefer that that the Policy Manual be part of the new administrator's responsibilities. 4 BCWMC October 18, 2012, Meetinq Minutes 7.COMMUNICATIONS Chair: 1. Chair Black discussed the recarding of ineetings and said that Che Commission could think about recording its monthly meetings via the phone in the manner that the Plan Steering Committee meeting was recorded in September. Chair Black recommended that the Commission continue to use the phone recording method for its Committee meetings. 2. Chair Black said that she would like to have an actual name identified with projects in the materials for the Commission packets because the CIP table codes(like BC-7)don't provide enough information or any frame of reference.The Commission discussed ways the projects could be named, such as using cross streets or names of subwatersheds. 3. Chair Black reported on Tuesday's BWSR meeting about the Wetland Conservation Act law and rules. She said that BWSR wants comments by tomorrow and needs to provide a report to the Governor's Office by December. Commissioners: 1. Commissioner Hoschka reported on a recent Girl Scout event in Golden Valley where she and Linda Loomis provided watershed education. 2. Alternate Commissioner Goddard reported on the Water Resources Conference that took place in St. Paul earlier in the week. [Commissioner Hoschka left the meeting]. � 3. Alternate Commissioner Goddard brought up the discussion on feasibility studies that took place last month and was reflected in the meeting minutes. She asked if there is a way that the Commission could feel like it could better direct the outcome. Chair Black said that a discussion about it could come under the Plan review process or as part of the policy manual process. 4. Commissioner Johnson reported on a shoreline restoration project in the City of Crystal: Memory Lane Pond Shorsline Restoration Project. He said the project was recently featured in the Post newspaper. 5. Commissioner Hoshal provided a report about the October 9`h West Metro Water Alliance(WMWA) meeting. 6. Commissioner Johnson asked the Commission to consider adding an educational component to its monthly meetings—a brief update about trends and issues in water topics. Committees: 1. Mr. Asche noted that there are a few items on the future TAC agenda items and asked if the Commission wanted to schedule a TAC meeting. He suggested convening the TAC in December. The Commission agreed to the TAC meeting on December 6`h.Commissioners Elder and de Lambert volunteered to attend the TAC meeting as Commission liaisons.Ms. Chandler said that a couple of items have been brought up at Commission meetings that aren't on the future TAC agenda item.Mr.Asche confirmed that and said that those items-the ideas of revising the Commission's budget documents and of using software to provide a different structure to the Commission's CIP-maybe could be on the TAC's agenda early next year. Chair Black asked staff to add those two items to the TAC's future agenda item list and asked the TAC to bring a recommendation to the Commission at its December meeting about when the TAC should meet next. 5 BCWMC October 18, 2012, Meeting Minutes Counsel Communications: No Counsel Communications. Engineer Communications: 1. Ms. Chandler pointed out that the meeting packet included a copy of the approval letter from the Commission Engineer for the North Branch Stream Restoration Project. 2. Ms. Chandler reported that the Wirth Lake Outlet Project is starting and that the pre-construction meeting occurred earlier this month. She said that the Sweeny Lake Outlet Project will follow the Wirth project. 3. Ms. Chandler said that during a biotic index survey on Bassett Creek,Eurasian watermilfoil was found in a couple of locations and that information has been reported to the DNR. 4. Ms. Chandler said that in the conversation she had with Barr Engineering's ground water specialists, they recommended the Commission consider installing shallow ground water observation wells close to Medicine Lake if the Commission wants to understand better the connection between surface water and ground water. Commissioner de Lambert reminded the Commission that he and Commissioner Hoshal have the voluntser project going on with the lake tevel monitoring. He said that he bas downloaded the data,a year's worth, and at the next Commission meeting he will be prepared to show the results of the monitoring and make recommendations on whether or not the Commission should continue. 8.ADJOURNMENT The meeting adjourned at 1:45 p.m. Chair Date Amy Herbert, Recorder Date Secretary Date 6 Cl��1 C)f Public Works Department 763-593-8030/763-593-3988(fax) � ..� ��,�...;��.��;s..��.�v��_ ��_ ��..�:�.3:�� ,�°�:�...�,��..�� Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. E. 1. Purchase Ford Police and Fire Department Interceptor SUVs Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The proposed 2013-2017 Capital Improvement Program (CIPj includes $35,000 for the purchase of one marked police squad car, equipment and setup (V&E-001, page 23). The 2013-2017 CIP also includes $70,000 for the purchase of two fire vehicles equipment and setup (V&E-011, page 26, and V&E-085, page 41). The marked police squad car scheduled for replacement meets replacement criteria set forth in the City's Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 28 points and above meets the category of"needs immediate consideration." Below is a summary of the rating: Vehicle Year/Make/Model VCI Index 810 Marked Squad 2009 Fard Crown Victoria Police Interceptor 28 Of the two Fire Department vehicles scheduled for replacement, V&E-085, Unit 343, meets the City's Vehicle Replacement Policy and VCI for replacement. The other fire vehicle, V&E-011, Unit 346, is half way through it useful life and will be re-allocated as an Inspection Division vehicle. Vehicle Year/Make/Model VCl lndex 343 Marked Fire Vehicle 2004 Ford Expedition 28 3�46 Marked Fire Vehicle 2007 Ford Crown Victoria Police Interceptar 22 Replacement purchase of the three police interceptor SUVs will be made under the State of Minnesota Squad Car Contract 37669, Nelson Auto Center, Fergus Falls MN, for a 2013 Ford Police Interceptor. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 37669 2013 Ford Police Marked Nelson Auto Center $28,815.82 Interceptor all-Wheel Drive SUV 37669 Two 2013 Ford Police Marked Nelson Auto Center $29,130.82 Interceptor all-Wheel Drive SUV $29,130.82 TOTAL PURCHASE $87,323.46 Public Works staff has worked with Police and Fire staff in selection of the vehicles. The Police and Fire Chiefs concur with these vehicle acquisitions. Recommended Action Motion to approve purchase of three Ford Police Interceptor SUVs from Nelson Auto Center for the total purchase price of$87,077.46 Sw L�y 1.�� "k°, ts .+ ✓ Public Works Department 763-593-8Q301763-593-3988(fax) �� :. . �� .��.��° ... �� ,�....�.:�° ��.s�� n.:;:��:- . ��.,:�� ,�-�, Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. E. 2. Purchase One Vehicle Maintenance Hoist Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2012-2016 Capital Improvement Program Buildings includes $120,000 for one vehicle maintenance hoist (B-035, page 55). The second phase of the new hoist system is the installation scheduled for 2013. The 2013-2017 Capital Improvement Program Buildings has $40,000 for the installation of the hoist system (6-035, page 57). The new hoist system is in addition to the existing vehicle maintenance hoists. The existing hoist system does not properly accommodate some of the larger equipment that the City operates, such as tandem axle dump trucks, the City's sanitary sewer vactor truck and fire trucks including the pumpers and aerial ladder. Furthermore, when serviced with the existing hoist, single axle plow trucks must have their entire box empty, which adds crucial time to the repair duration during a snow event. Because of the limitations of the existing system, maintenance of the large vehicles identified is either outsourced or completed by staff working under difficult and inefficient conditions. The new hoist system will allow staff to service and thoroughly inspect all City vehicles in-house. Additionally, the new hoist system will have the most current safety features to reduce the risk to staff while working under the large City vehicles. The hoist is on the Houston Galveston Area Council (HGAC) Cooperative Purchasing Program. The Houston-Galveston Area Council is a regional council of governments which assists state and local governments throughout the country in purchasing vehicles, equipment and services. HGAC contract price is as follows: HGAC Contract# Item Vendor Amount GS07F8953D Model 75/30F Base Parallelogram HGAC Contract Vendor, $121,135.95 Equipment Hoist Rotary Lift Madison, Indiana TOTAL PURCHASE $121,135.95 Recommended Action Motion to approve purchase and installation of one vehicle maintenance hoist from Rotary Lift Madison, Indiana, in the amount including tax and freight of$121.135.95. From: Elaine Wynne [wynneel0@gmail.com] Sent: Tuesday, December 04, 2012 3:07 PM To: Pentel, Paula Subject: Fwd: Bottineau Line - D1 Councilmember Pentel, I did not realize I had a direct email for you. I cannot seem to get my e-mails to go throught the system. This is my letter to you as well. Elaine Wynne� Dear Mayor Harris, Councilmembers Clausen and Freiberg, Thanks for the professional way the hearing was conducted. After the meeting, County Commissioner Higgins said she had sat through 35 to 40 meetings like this one in North Minneapolis to discuss the D2 option. I said this was the first of its kind in GV that I remembered. How could that be? Was Golden Valle�reall ��kept out of it? � Envision overwhelmingly supported light rail as I remember. There were a lot of people in my group that thought we should work for a "carless" GV! They were more radical than I was. I have to say I have thought this over and over and Wirth Park seems like it is being shoved down our throats and I can't accept it. I really don't like�how this got set up as a fight between North Mpls. and GV. I lived on the Narthside for 1 Q years - one block off Plymouth. I seriously doubt lots of people will walk down Plymouth Ave, cross the bridge and get on at a Chalet stop. SQme people who would use light rail might get on at GV�Road. Better locatian might be Hwy. 55 at Penn with electric minibuses connecting ta Hwy. 55 stops during rush hours. These locations are already connected by the 19 bus to Brooklyn Center. We need to build in and keep more wildness and beauty in urban areas -- like someone said, "put concrete where there is already concrete." I used to live by Riverside Park across from the U. St. Mary's was always trying to buy a part of Riverside Park and the Park Board, thankfully, kept saying "no". The bike trails and walkways all along the river now are a treasure, If 385,000 people visit Wirth Park now as it is, I don't think it's an unused location. 385,000 make use of the beauty and amenities of the park just the way it is. Wow! I am 71 years old and I can tell you I would not walk 1-1/2 or 2 miles early morning or at night to get to a stop at either af the recommended D1. I would walk to Hwy. S5. I probably would walk to Winnetka and 55 or Rhode Island and 55. or Hgy. 100 and 55. With our aging papulation we need to have a comprehensive transportation plan, which connects links with � neighborhoods. Again, small electric/hybrid buses. What about a spur from Brooklyn Center and Robbinsdale to Hwy. 55? Then Commissioner Opat could have what his community needs. I am very concerned about North Minneapolis, at the accessibility for transporation north and south, to work or school. I wonder if No. Mpls. would have turned it down if it had run down Broadway and went south to the hub. That would have meant our accesspoint would have been Robbinsdale, not much farther away for us and many GV residents than the 2 proposed. I think all of the driving and parking at locations would destroy a lot more of the park. And again, I still cannot see why Douglas Drive would not be a better lacation if it is in GV. Yes, a lot of planning has been done but construction has not started. Options could still be built in. We could save the Environmental Assessment casts. Douglas Drive would work great for Honeywell employees and could be just about as accessible with Courage Center with � electric connection vehicles�. � I think we should be thinking of what is good in the long run for No. Mpls., but not by farcing D2 on their neighborhood. We should be working together with them. There is a powerful environmental group in Narth Mpls, which Cong. Ellison started. I can find the connection with that if you need it. Rep. Muller�is in it. When YOU CONSIDER COST, YOU NEED TO CONSIDER COST. WEALTH IS MORE THAN MONEY. And some things cost more than they appear to at first glance. (As an example, I buy most of my clothes at Consignment shops. I buy expensive clothes at low cost and wear them for years. They tend to be made more often with Fairer Trade and employment practices than some less costly clothes and they often use healthier fabrics. Even if I could afford to buy them new at full cost, they would aften end up costing less than if I bought the "cheaper" clathes most people feel forced to buy, The same holds true for Hybrid cars. The investment seems high but, in fact, the maintenance and operation of the car is much less costly and in the end the Hybrid is "cheaper". It's true, many people cannot command the resources to purchase a Hybrid new so they cannot save that much money. We do it by having one car and using public transportation and sharing. That is very difficult for families with children.) What kind of a sho�per is Golden Valle�and Hennepin Countv? AS DWAYNE KING SAID WE NEED TO BUILD IN "MITIGATIONS" NOW. WHAT DO WE WANT -- IF THIS, THEN THAT, ETC. I'd like to see a credible source do an environmental assessment. Good grief, what is the environmental assessment just of the trees lost in Wirth Park and North Minneapolis from the tornado. We may have to endure being seen as obstructionists to�take a bigger look at transportation in the west/northwest part of the Metro. I am more concerned about GV human rights stance and record than I am at it's environmental stance. Even though I took some heat for being nostalgic and throwing aut the idea of"THE LAST CHILD IN THE WOODS", it is book worth reading. The author talks about a condition he calls Nature Deficit Disorder. Elaine Wynne From: Robert Mattison [bobmattison@hotmail.com] Sent: Tuesday, December 04, 2012 5:29 PM To: Pentel, Paula Subject: FW: Bottineau � Paula, I understand that emails re Bottineau will be filed with the city, and would like this one to � be included. Robert M. Mattison 1120 Ange% Dri ve Golden Vol%y, MN 55422 H: 763-522-5353, C� 612-618-8265 From: bobmattison(a�hotmail.com To: sharrisn��oldenvalle�mn.gov CC: dedescanlon cz,eomcast.net;jclausen(cz�,goldenvallevmn.gov; �ent000�umn.edu; freiber �a mail.canl; mattfam78�a�comcast.net Subject: RE: Bottineau Date: Tue, 27 Nov 2012 14,32:43 -06Q0 Shep, yes, I will be there Wednesday night. I don't want to get into a debate about what you said and what you meant, but I want to let you know that I listened very carefully to the video of your comments at the council meeting on Bottineau last summer, and bent over backwards to be fair in my characterization of them. As I listened I was heartened that you and I agree that D-1 is a bad option. I hope that as you reflect further you will come to also agree with me that no amount of study or mitigation is going to cure the fundamental problems with D-1, and that if the studies go forward (and the county sinks $4M more into them, as Jan Callison said they probably would) it will be even more difficult for Golden Valley to say no in the future. I also hope you will change your vote on the proposed resolution so Golden Valley can send a clear and unequivocal message to the planners of Bottineau and the surrounding communities that they need to seriously look at better route .options. I would also like to comment on one item in your note telling people about the meeting. You pointed out that the route is adjacent to, not through, Wirth Park and Mary Hills. While technically correct, with all due respect this is a distinetion without a difference, particularly in � the case of Mary Hills. The Mary Hills path is between about 1S0 and less than 50 feet from the present railroad traek�- it will be even cioser to the new light rail track. Let's not kid ours�lves: with 12 or more trains an hour going by all day and most of the night, the value of Mary Hills as an open space will be virtually destroyed. As always, thanks for listening. � Bob Robert M. Mattison 1120 Ange% Drive Golden I/alley, MN 55422 H: 763-522-5353, C� 612-618-8265 From; SHarris(cr�,goldenvallevmn.7�ov To; bobmattison(cr�hotmail.com Subject: RE: Bottineau Date: Tue, 27 Nav 2012 05:25:27 +0000 Thanks Bob. I appreciate your opinion but you've taken my statement out of context. We'll have to agree to disagree. See you on Wednesday night? Shep Harris Golden �alley Mayor 612-219-8531 (cell) sharrisCa�c�o/den valleymn.go v From: Robert Mattison [bobmattison@hotmail.com] Sent: Monday, Navember 26, 2012 11 A7 PM To: Paula Pentel; DeDe Scanlon; Harris, Shep; Ciausen, Joanie; Mike Freiberg (Gmail) Subject: Bottineau Hi everyone, The Bottineau hearing is coming up, and I wanted each�of you to see the letter I wrote to the SunPost that will be published this week (it is already online) and the longer blog that�I posted on � GV Patch today. You all know where I stand on this issue, and I appreciate you giving the views I expressed serious consideration. Thanks, Bob Mattison Robert M. Mattison 1120 Ange% Ori ve 6o/den I/alley, MN 55422 H: 763-522-5353, C� 612-618-8265 From: Clark Meyer [clarkmeyer@yahoo.com] Sent: Tuesday, December 04, 2012 8:43 PM To: Scanlon, DeDe Subject: Support for D1 Alignment of Bottineau Transitway through Golden Valley Dear Ms. Scanlon: I urge you to support the D1 Alignment (running through Golden Valiey) of the proposed Bottineau Transitway. I have lived in Golden Valley for 20 years and during this time I have seen auto congestion continue to grow on our freeway system. With the metro area population continuing to grow, light-rail transit will play an important role in meeting our community's transportation needs. Fol�owing an established railroad line offers faster train service and impacts the community less than traveling on residential streets. I look forward to LRT serving Golden Valley and our neighboring communities, with fast and frequent service throughout the day. Sincerely, Clark Meyer 4947 Culver Rd. Golden Valley, MN 55422 763-529-2630 From: carmendheim@aol.com [carmendheim@aol.com] Sent: Wednesday, December 05, 2012 7:24 PM To: Harris, Shep; jclousen@gofdenvalieymn.�ov; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe Subject: DO NOT SUPPORT LIGHT RIAL IN GOLDEN VALLEY My husband and I went to meetings in Brookiyn Center Library when other mayors were there but no one from Golden Valley City Council. Then we went to the Kyle Ave meeting and realized the mayor and the council members may not support Golden Vaileys beauty, for the Met Councils bullying and needing a payback at some time. This is not the right thing to do. We paid for these homes and the environment thinkiing our city would never sell us out and develop the wet lands. I can't stand this. It is the time to stand up for us. KEEP saying no. Don't say yes to testing or anything because it opens us up to a possibility we should not be open to. Support US make them figure out something else because YOU SAY NO.. You do what the people want. You will be long gone from the council when that light rail will stiil be there and we know the city soid us out for the fast track thru GV to get to the other end. Say your prays for strength and speak up for all of us that moved here for what Golden Valley stands for. Otherwise you better change your statement of purpose to: sell out to who ever wants to put pressure on us from Minneapolis and whoever is next so we have a favor due sometime for something. The sad thing is that not getting our vote next time may not really matter to you, but God willing, your soul, spirit, heart and conscience tells you to keep the nature in the valley for the people who chose to buy here, live here, play here and pay taxes. Say NO for your people. DO NOT BE BULLIED by the MET.Yes that's right yau don't have to be a kid to be bullied into feeling you are forced to answer or else. That is exactly when you step back and see it happen and do the right thing... do the right thing... Do the right thing for the people of Golden Valley and let the other cities figure it out if they want it. Read this again so you feel it from your soul. Carmen Dougherty-Heim,CRC, QRC, M.S. Rehabilitation Consultant Galvin Rehabilitation Services Ph: 612-281-0523 fax:763-521-2988 This em may contain confidential information for the use of the above designated individuals. Any unauthorized use is prohibited. If you are not the intended individual please reply to sender and delete information. From: Milstein, Bernard 0 [BMilstein@CBBURNET.COM] Sent: Monday, December 10, 2012 3:13 PM To: Harris, Shep; Clausen, Joanie; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe Subject: Lt rail: Dear Mayor& Council Members: As you know , many of us Golden Valiey residents in the very near proximity to the D1 route and station just below the fire station on Golden Valley Rd.. oppose D1!! Here's a thought, as you are considering this unwelcome proposal: I was driving up Laurel Ave the ather day & I see there are railroad tracks crossing Laurel &( I think) Colorado. This could be a viable option for a station, not harming a residential area, as it is in the midst of warehause & "commercial" bidgs Also, it is so very close to highway 394, where people could utilize instead, debark or embark. And, a station there would not interfere with residents and certainly be in a better& more used area. I checked somewhat: and that R.R. trackis a Canadian Pacifie track off Laurel Ave & it connects and intersects with Burlinton Northern at various points. ( I think Burlington Northern is the line of the designation). Sa, that, is another option, rather than use the disruptive proposal of D1. We certainly urge you to reject D1 & have the agency who is doing these plannings go back & rework the plans & proposals! Sincerely, Bernie Milstein 1835 Noble Dr. Golden Valley, Mn. 55422 Bernie Milstein, REALTORO Coldwell Banker Burnet 3033 Excelsior Blvd Minneapolis, MN 55416-4688 Direct: 612-812-6272 Office: 612-928-7207 bmilstein(a�cbburnet.com Search 1,000's of HOMES instantly at: www.BerniesHomes.com From: alanasg@comcast.net [alanasg@comcast.net] Sent: Monday, December 10, 2012 3:40 PM To: Clausen, Joanie; Freiberg, Mike; Harris, Shep; Pentel, Paula; Scanlon, DeDe Subject: Golden Valley Light Rail vote for 12-18-12 Dear Mayor Harris and Council Members, We wrote to the council in opposition of the Golden Valley light rail location this summer and were thrilled when the council voted it down. Hearing that you were reconsidering the vote this winter was unimaginable. At the town forum meeting last month, we were given the opportunity ta share our feelings about the Light Rail proposal. Although we did not get up to speak (primarily because of Mayor Harris's request that similar messages not be repeated), we are vehemently apposed to this route. Many of the neighbors shared our same concerns for the wetland contamination and disturbance, the impact on the wonderful wildlife in our Bassett Creek area, violating our precious "open space" areas, and safety impacts due to the increased volume of people who don't necessarily share our interest in preserving the peace, tranquility, and "good" neighbor" atmosphere of our area. It was encouraging to listen to our neighbor's questions in the town forum and to hear such great support for opposing this route through Golden Valley. But,they asked questions that probably will never be publically answered before the council votes on December 18. We are in the commercial construction business and have experienced many situations where our questions and concerns were not responded to UNTIL it was too late to reverse a course. We have also seen those in power able to answer only those questions asked, knowing full well that there may be problems in the future; ones that they won't need to personally worry about because they'll be out of office, retired, or no longer in the community. They can conveniently forget about those families in the neighborhood left to live with their decisions. Other monetary issues to consider are what this will "really" cost Galden Valley. Our taxes continue to go up now, but the property values along this rail corridor in our city will drive taxes down. (Who wants to live by rail tracks??) Will Golden Valley be willing to pay for and install sound barrier walls all along this corridor?What type of vibration will damage homes? What type of lawsuits will develop because of vibration issues? When we moved back to Golden Valley several years ago, we looked at aerial views on Google maps of our Bassett Creek area. It was amazing to see the heavy rail tracks that run directly through the wetlands. We know that these tracks were laid many decades ago, during a time when environmental issues were not considered, and approvals requested by railroad companies to "improve" transportation for commerce reasons were easily granted. This time, we have a chance to stop potentially damaging development to our area. We don't want our letter to ramble on with all the reasons why this is the wrong location for the light rail line. But just a few minutes ago, the train rumbled through our back yard, vibrating our house. Since it's only a few times a day, the heavy rail was here when we moved in, we decided that a couple of trains daily were acceptable. But, the light rail decision is yet to be made and we have a vaice to shout "don't make this bad choice for Golden Valley". Please don't change your vote and don't ask for the study. Stop this process now. Sincerely, lohn "Grif" and Alana Griffith 3910 Bassett Creek Drive Golden Valley, MN 55422 763-432-5390 i • oEC i � za�� Dear Golden Valley City Council, We have stepped forward on behalf of our neighborhood in Golden Valley and our neighbors in Minneapolis to challenge the Golden Valley Council to reject the Resolution of Support of the Locally Preferred Alternative of the Bottineau Transitway. In the short time that we have known that the Golden Valley City Council was going to reconsider their support of the Bottineau Transitway,we have been able to personally canvass the neighborhood to conduct a polt,and collect as many opinions about the D-1 alignment as we were able.We asked our neighbors to fill out a card expressing their opinions about the project, and asked them to include a name and address if they were willing.We started in on our street first and continued as far as we could on Saturday Dec. 8th and in the snow on Sunday Dec. 9th. If this vote were to be delayed, have no doubt that we would have spent every available weekend going to every house and apartment in Golden Valley. But in the time we had,we collected 34 cards. Seven of the cards expressed support for the project,while 27 respondents were opposed to the D-1 alignment. We started out on the first day assuming that many people would feel strongly against light rail"in their backyards,"but in reality, it was just the opposite.Almost every person we spoke with supports light rail and recognizes the need for greater transportation infrastructure.Those that were against the D-1 alignment were against it because it would not benefit Golden Valley,while also coming at a high cost to Golden Valley by damaging the parks and not providing any opportunity for development in a relatively sparse residential neighborhood.Those forthe light rail generally agreed it was not the best route but were willing to go forward in order to see light rail built for those that need it.They were willing to sacrifice their tax dollars and a little serenity if it contributed to overall"progress". Our concern with the selection of the D-1 alignment is not that parks are being sacrificed for the sake of real progress, but that progress is bypassing Golden Valley by running along the border and through our parks, and ignoring our businesses and denser housing. In our research and engagement with Hennepin County planners and other interested community groups, it has become shockingly apparent that D-1 emerged as the preferred route for reasons not related to Golden Valley, namely: 1. There was strong opposition to D-2 in Minneapolis. 2. Construction through parks is cheap. These reasons hardly make a strong case for the D-1 alignment. Further study will not justify the case for the D-1 alignment. How can it be that a decision of this magnitude,with such a profoundly negative effect on Golden Valley and one of Minneapolis's biggest and most beloved parks,can be made with so little data? At the very least,wait for the DEIS to be completed before endorsing Hennepin County's LPA so Golden Valley can make an informed decision. With all of the revolutionary advances in information gathering,we cannot accept so little justification for the LPA. We learned from a Bottineau Transitway CAC meeting on Dec. 6th, it is the opinion of inembers of that committee that Golden Valley has not been engaged in the process. That meeting was attended by no Golden Valley council members, however there are two Robbinsdale council members on the committee that attended. Y w The federal funds available as part of the New Starts program are an amazing opportunity for Minnesota.We should use our resources to design a project that will be really meaningful.So many people support light rail. Why can't Hennepin County and the Met Council propose a route that gets people of every background excited?Why is it that with the Southwest Transitway and the Bottineau Transitway so many people are walking away feeling like they lost?Consider the situation that St. Louis Park residents are facing.And those living along the Kenilworth corridor.They have been left feeling so trampled by this project that lawsuits are being seriously considered. It is the responsibility of each city in the Northwest Metro to stand up for themselves to get the best outcome for from this process for their residents. We know you are facing two hard choices.We implore you to see that, in this case,the right decision is to vote"No."on the D1 Alignment. We need to ask Hennepin County to take more time in designing this project. Not just for Golden Valley, but for the entire Northwest Metro. 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F�-.�: §�. � ,�,.�.�� '�� s p � .: .„ � . _ � � � �. . � � : ,� �-:� � . �,e, ' '� '�.,� e"4 ��'�#�. � �� . � �,e s - ��,''- ��'��..�x��.��r��-:��*r �� -� .,r �q..,�, • *` -- � ' s { � / `'�� r-� :� �� .;� �4��.�-�n`� �� >r� � �. -..�.��`��`�. � u � �� t '�' . d ��a.�::.�f? `�'r�" .': `�` �.: '�,� � .€�,�, � 3" "��"�_'.�-a � a,�* �`��f�' �� . E�=3`s? �"'� - �s� �"'.�"��.;a; -�`��<,� 3�3� ,� }�' � ''sas'�r' ,� .� �� ,. `� � � �.e � •'��.' °s +�. �`,_ � � �� ' �.� . � . . , � � ,� w, � __ � � �,� � t � � - N : �' � � .. �� ,�' � ��tl`-�° =.�.. . . �,`� � ^ ,t�' r ��. f_` �a. �¢, � �' �� . �§ ` �,. � � �, , , _ . � .; , � : ��_ ��a � ,, �, , ,. ; _: �a_� � � r � . <� ° � � x� �. From: Held, Mae A [mae.held@siemens.com] Sent: Tuesday, December 11, 2012 9:12 AM To: Scanlon, DeDe; Pentel, Paula; Freiberg, Mike; Clausen, Joanie Cc: Harris, Shep Subject: Centerpoint Franchise Fee Hello: We (my husband Jeff and I)want to go on record as being opposed to the CenterPoint Franchise fee. I read the posting on the website and it does make it sound as though the fee will be low. However, we've lived in Golden Valley �ong enough ta know that what the city starts with (i.e., the significant increase in water bills) rarely stays that way. My husband grew up in the house we now live in. He said he was amazed at the budget the Public Works department must have now! When he was a child, the trucks were old -- now all of the equipment is reasonably new. At what cost to the city taxpayers is this equipment purchased? One needs only to drive into Minneapalis and observe their trucks and equipment to know that he is right--their equipment is much older and still seems to be servicable. In 2010, we were looking for a home for our son. Since he was going to be a first-time homebuyer, his price range was$160,000. I was very surprised to see that a house in Golden Valiey had property taxes $1000 or more higher for a house in that range than our neighboring Plymouth. That was a significant deterrent to living here and he chose elsewhere. Does Golden Valley want to be known as an "aging suburb" or do they want to attract young educated professionals to live in their city? The economy is far from good, our housing values are dropping and the city needs to understand that they also must budget accordingly. Mae Held 5001 Colonial Drive Golden Valley, MN 55416 mae.held(cilsiemens.com This message and any attachments are solely for the use of intended recipients.The information contained herein may include trade secrets,protected health or personal information,privileged or otherwise confidential information.Unauthorized review, forwarding,printing,copying,distributing,or using such information is strictly prohibited and may be unlawful. If you are not an intended recipient,you are hereby notified that you received this email in error,and that any review,dissemination,distribution or copying of this email and any attachment is strictly prohibited. If you have received this email in error,please contact the sender and delete the message and any attachment from your system.Thank you for your cooperation �� . � Ci A mini tra ian Council � t d s t �� T� y / 763-593-3489/763-593-8109(fax) . , . 3:xk." _ . ..�k.l:'.r 6,a�-�..s�a�`s5��3"'�is ,,sG.� 6�Pti1tL�fl�^y�, . ` . .. . ..`:.s..aA��!tiUl,.._'c=, .� nc��7�iNWN?%�id �i}�.� .a. . _.e�.�t!113 �'�5w--....,..`;��: ,_ Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. G. Approval of 2013 General Wages and Salaries for Non-union Personnel Prepared By Chantell Knauss, Assistant City Manager Summary Attached is the compensation resolution establishing wages and salaries for all non-union employees for 2013. The resolution proposes a 1% general wage increase, which is the same as both the Patrol and Sergeants bargaining unit settlements. The resolution also establishes the City's monthly contribution toward employee benefits in the City's cafeteria plan. There is a $52 per manth increase in the benefit contribution by the City for 2013, due to the increase in premium costs. As in previous years, there is an additional $20 per month incentive for those employees who successfully participated in the 2012 City Wellness at Work program, Attachments • Resolution Establishing 2013 General Wages and Salaries for Non-union Personnel (3 pages) Recommended Action Motion to adopt Resolution Establishing 2013 General Wages and Salaries for Non-union Personnel. Resolution 12-97 December 18, 2012 Member introduced the following resolutian and moved its adoption: RESOLUTION ESTABLISHING 2013 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following general wages, salaries and benefits schedule for all non-union personnel for the year 2013, said schedule to commence for work performed by the personnel named herein effective as of January 1, 2013. MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5 Director of Public Works $105,480 $110,503 $115,526 $120,549 $125,572 Police Chief 102,922 107,823 112,724 117,625 122,526 Finance Director 100,653 105,446 110,239 115,032 119,825 Director of Parks and Recreation 99,045 103,762 108,478 113,195 117,911 Director of Planning and Development 93,878 98,349 102,819 107,290 111,760 Chief of Fire and Inspection Services 93,878 98,349 102,819 107,290 111,760 Assistant Gity Manager 87,160 91,311 95,461 99,612 103,762 Communications Manager 68,489 71,751 75,012 78,274 81,535 DIVISION HEADS/SUPERVISORS Step 1 Step 2 Step 3 Step 4 Step 5 City Engineer 88,461 92,674 96,886 101,099 105,311 Operations Commander 85,915 90,006 94,Q98 98,1$9 102,280 Patrol Commander 85,915 90,006 94,098 98,189 102,280 Public Works Maintenance Manager 83,043 86,998 90,952 94,907 98,861 Public Works Project Coordinator 76,091 79,715 83,338 86,962 90,585 Information Technology Coordinator 72,367 75,813 79,259 82,705 86,151 Park Supervisor 69,894 73,222 76,550 79,879 83,207 Street Supervisor 69,894 73,222 76,550 79,879 83,207 Utility Supervisor 69,$94 73,222 76,550 79,879 83,207 Golf Operations Manager 69,894 73,222 76,550 79,879 83,207 Greens Superintendent 69,894 73,222 76,550 79,879 83,207 Building Official 67,963 71,199 74,435 77,672 80,908 Vehicle Maintenance Foreman 64,530 67,603 70,676 73,749 76,822 Deputy Registrar Supervisor 59,616 62,455 65,294 68,133 70,972 PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Accounting Coordinator 67,911 71,144 74,378 77,612 80,846 Public Works Specialist 62,105 65,062 68,019 70,977 73,934 Senior Citizen Coordinator 60,173 63,039 65,904 68,770 71,635 Recreation Supervisor 60,173 63,039 65,904 68,770 71,635 Support Services Goordinator 59,616 62,455 65,294 68,133 70,972 Graduate Engineer 58,346 61,124 63,902 66,681 69,459 Accountant I 55,530 58,174 60,818 63,463 66,1Q7 Information Technology Technician 55,530 58,174 60,818 63,463 66,107 Assistant Golf Operations Manager 51,671 54,131 56,592 59,052 61,513 Planner 51,671 54,131 56,592 59,052 61,513 Assistant Forester 49,825 52,198 54,571 56,943 59,316 Resolution 12-97 - Continued December 18, 2012 EXEMPT CREATIVE PROFESSIONAL Step 1 Step 2 Step 3 Step 4 Step 5 Graphic Designer/Web Specialist 41,536 43,514 45,492 47,470 49,448 EXEMPT ESTABLISHMENT EMPLOYEES Step 1 Step 2 Step 3 Step 4 Step 5 Mechanic - Golf Course 44,082 46,182 48,281 50,380 52,479 TurF Maintenance Foreman 43,368 45,434 47,499 49,564 51,629 Turf Maintenance Assistant 34,270 35,902 37,534 39,166 40,798 NON-EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Assistant HRA Director/Deputy City Clerk 39.03 40.89 42.75 44.61 46.47 Engineering Technician III 29.85 31.28 32.70 34.12 35.54 Chief Building Inspector 29.78 31.20 32.61 34.03 35.45 Deputy Fire Marshal 29.69 31.10 32.51 33.93 35.34 Building Inspector 28.31 29.66 31.00 32.35 33.7Q Public Works Inspector 28.31 29.66 31.00 32.35 33.70 Fire Education Specialist 26.14 27.39 28.63 29.88 31.12 Fire/Property Maintenance Specialist 26.14 27.39 28.63 29.88 31.12 Crew Leader - Maintenance 28.77 GIS Technician 23.96 25.10 26.24 27.38 28.52 Community Standards Inspector 23.83 24.97 26.10 27.24 28.37 Public Works Maintenance 20.78 22.04 23.31 25.04 Step C 26.31 Step B 26.83 Step A 27.39 Administrative Assistant 20.85 21.84 22.83 23.$3 24.$2 Communications Specialist 20.85 21.84 22.83 23.83 24.82 Accounts Receivable/Electian Assistant 20.85 21.84 22.83 23.83 24.82 Assessment/Accounts Payable Technician 20.85 21.84 22.83 23.83 24.82 Utility Billing/Accounts Payable Technician 20.85 21.84 22.83 23.83 24.82 Lead Motor Vehicle License Clerk 20.85 21.84 22.83 23.83 24.82 Motor Vehicle License Clerk 17.64 18.48 19.32 20.16 21.00 Community Service Officer 17.29 17.63 Office Glerk 16.46 17.25 18.03 18.82 19.60 Receptionist 16.46 17.25 18.03 18.82 19.60 FIRE DEPARTMENT Battalion Chief 18.96 per hour Captain 18.25 per hour Lieutenant 16.93 per hour Firefighter 14.69 per hour Firefighter - Apprentice 12.38 per hour Firefighter in Training 9.30 per hour TEMPORARY PART-TIME AND SEASONAL Minimum Wages 7.25 per hour Maximum Wages 17.00 per hour Resolution 12-97 - Gontinued December 18, 2012 AND, BE IT FURTHER RESOLVED that: 1. The dollar amount of the City's contribution to benefits for employees classified under the categories of Non-exempt, Exempt Establishment, Exempt Creative Professional and Prafessional Exempt will be $1,043 per month effective January 1, 2013. The City will also pay the cost of group term life IRS maximum non-taxable level and group disability insurance for those employees. 2. The dollar amount of the City's contribution to benefits for employees classified under Management Team and/or Division Head/Supervisor categories who have been appointed in such designated positions prior to May 1, 2011 will be $1,064 per month plus 2% af monthly salary effective January 1, 2013. The City will also pay the cost of group term life IRS maximum non-taxable level and group long-term disability insurance for those employees. 3. Employees who successfully participated in the City wellness program in 2013 will receive an additional $20 per month in the City's contribution towards benefits. 4. Employee service awards are outlined in the Public Purpose Expenditure Policy and shall be cansidered compensation in accordance with IRS regulations. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �� City Administration/Council 763-593-3989/763-593-81 p9(fax) .,� � z . .�'� ��,��°.�u.r. �.., .��.,« ��li w .��aN-:`^3.�< ., .."��ti��„a " ..; .y��"..._.�''�k ;;"..' .,F»�zwam�i��11��lr��'.<y-.��.. ,. �,1��uii`�i�."�`�.xa.ar��,,:.. Executive Summary For Action Golden Valley City Council Meeting December 18, 2Q12 Agenda Item 3. H. Approval of City Manager Salary Prepared By Chantel) Knauss, Assistant City Manager Summary Upon completion of the City Manager's review, Council requested staff prepare a summary for an increase in his compensation. A 1% increase is proposed, the same increase being proposed for all other non-union employees. This will bring the Manager's compensation to $138,165. Attachments • Resolution Updating the Addendum to the City Manager Employment Agreement (1 page) Recommended Action Motion tv adopt Resolution Updating the Addendum to the City Manager Employment Agreement. Resolution 12-98 December 18, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION UPDATING THE ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following addendum to the City Manager Employment Agreement. This addendum supersedes the previous addendum dated December 20, 2011 and will be effective on the City Manager's anniversary date November 18, 2012. Salary $138,165 Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. ��t y ��_ � Finance Department �� _ 763-593 8013/763-593-8109(fax) �c� _._� �.: , .. _r-;W ��.. ._ s��`�'::�� i� v��-�'€"�"�E��.a' , '� . .: „�.�� ,"��"'k^�� Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. I. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donatians Prepared By ` Sue Virnig, Finance Director Summary This resolution is to accept the donations received by the ongoing programs such as Envision and Human Services Fund. Attachments • Resolution Accepting 2011 Donations for Ongoing Programs and Other Miscellaneous Donations (2 pages) Recommended Action Motion to adopt Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations. Resolution 12-99 December 18, 2012 Member introduced the following resolution and moved its adoption: RESOLUTIQN ACCEPTING Q4NATIONS FOR ONGOING PROGRAM� AND �THER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and NQW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Onqoinq Programs: GOLDEN VALLEY HUMAN SERVICES FUND Liberty Carton Company $2,000 Lupient Enterprises 1,500 Solbrekk Business Technology Solutions 1,OQ0 Anonymous 1,000 Best & Flanagan 1,000 Central Bank 1,000 Preferred One 1,OOQ McDonald's of Golden Valley 500 Short Elliott Hendrickson, Inc. 500 WSB & Associates 500 Morrie's Cadillac 300 Fisher Family Foundation Fund 500 Jeanne Fackler 52 ENVISlON PROGRAMS Galden Valley Community Foundation $750 Golden Valley Garden Club (evening) 200 Lupient Buick GMC 125 Best and Flanagan 125 Marshall Tanick 125 Central Bank 125 Trustone Financial 100 WSB & Associates 50 Resolution 12-99 - Continued December 18, 2012 BIX GARDEN Eliane Levy $50 Sheila Braufman 25 Sheila Desnick 10 TREES FOR TYROL Various Donations $24,281 Total Cash Donations $36,818 Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The mation for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �'8'V� i�°p ....�.,� Y. r City Administration/Council 763-593-3989/763-543-$109(fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. J. Approval of Amended Employee Handbook Prepared By Chantell Knauss, Assistant City Manager Summary Periodically, the City amends the Employee Handbook. The proposed revisions will be effective January 1, 2013 and the changes will be communicated and distributed to employees. The Handbook is proposed to be updated to reflect the following changes: Section 5.10 Workplace Harassment Amends Section 5.10 to include the Minnesota Department of Human Rights and the Federal Equal Employment Opportunity Commission as places an employee may file a report of harassment. The policy already lists supervisors, department heads, Human Resources and the City Manager as persons within the City an employee may file a report. Section 5.11 Workplace Violence Addition of Workplace Violence section prohibiting employees from engaging in or making threats of violent activity, provides measures for reporting, defines dangerous weapons, the City's responsibilities for investigating and prohibits retaliation. Language in this section would also prohibit employees from having a firearm at work, except: � sworn law enforcement officers and other employees as part af their official duties; � in city-owned parking areas if the employee holds a valid permit (providing one is required) and if the firearm is secured within an attended personal vehicle or concealed from view within a locked, unattended personal vehicle; or � an employee who is showing or transferring the weapon or firearm to law enforcement officers as part of an investigation. Section 11.15 Workers'Compensation - Benefits Amends the Benefits subsection to state that benefit checks are made payable to the employee, but are sent to the City. This is what currently happens, but is stated differently in the Handbook. Attachments • Resolution Adopting Amendments to Employee Handbook (1 page) Recommended Action Motion to adopt Resolution Adopting Amendments to Employee Handbook. Resolution 12-100 December 18, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDMENTS TO EMPLOYEE HANDBOOK WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012; and WHEREAS, the Employee Handbook will be amended in Section 5.10 and 5.11 to reflect changes regarding workplace harassment and violence; and Workers' Compensation - Benefits; and WHEREAS, the above-referenced amendments will become effective as of January 1, 2013; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the "City of Golden Valley Employee Handbook" dated January 1, 2Q13, which outlines the City policies and procedures related to employment is hereby adopted, and supersedes all previously adopted policies and procedures except those contained in approved union contracts. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Glerk The motion for the adoptian of the foregoing resolution was seconded by Member and upan a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupan said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �� City Administration/Council 763-593-3989/763-593-8109{fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 A�enda Item 3. K. Receipt of Human Rights Commission Task Force Report and Recommendatian Prepared By Chantell Knauss, Assistant City Manager Summary The Human Rights Commission Task Force Report and Recommendation was presented by the facilitators, Richard Fursman and Irina Fursman, to the City Council at their November 13, 2012 Council/Manager meeting. The Report has not yet been officially received by the Council. Attachments • Human Rights Commission Task Force Report and Recommendation (9 pages) Recommended Action Motion to receive and file the Human Rights Commission Task Force Report and Recommendation. HUMAN RIGHTS COMMISSION TASK FORCE REPORT AND RECOMMENDATION The Human Rights Task Force gathered for the last meeting on Septemebr 13, 2012 to finalize the discussion and draft a recommendation to the City Council on the appropriate vehicle for addressing and/or promoting human rights in Golden Valley.The following were identified as the core areas of responsibilities where opportunities exist for promoting human rights. ��u � � � #� . �: ,� �� ,,. _.�� _::�,_ �!�' r �,�� ,� � , � .,�.'�m.y*:" ,��„ � ��.:f�, � �. �'� }��"� � , � ? � �� n � � �� . ■a�...i au�,i ` �. ��. � � w►a�r►r�r =�� ° , � � �i �r.*.v' ?_-�..s!!• ' �� » �� •. ''�� ,� ..�� » � � . �s�.�� . • ir.�.�.:� y'�" `� �:' ..,. .�� I�a• �• � � • •' • r• i[si • • � � ��• ' • i • � ' •' • • • • � � • ,.i' .� �4�' . . � tq�` �� I -�:' _� `�� , �'.;: , The "dots"exercise of identifying which responsibilities in each area would be best handled through a Human Rights Commission (HRC)vs. an alternative solution, lead to the following conclusions: ❖ The HRC is an appropriate vehicle to address and promote human rights in Golden Valley ❖ The HRC's expectations and responsibilities should be clearly identified (see recommendations included) ❖ The HRC's activities should be pro-active in nature, but have the capacity to react appropriately when the situation calls for action (advise the Council or hear grievances) ❖ The HRC should refer the victims of human rights violations to appropriate agencies ❖ The HRC members should undergo appropriate training(and keep current) in order to provide safe and welcoming environment for those who are seeking assistance ❖ The HRC and City Council should be respectful of each other's work, recognize authority limits, and maintain open and transparent communication with each other and the public ❖ The HRC members should maintain neutrality, remain non-political, and focus on broader issues �=��t�:� c�� C��_�.��: �� '� ��:�� t� ��r��i��i�� i� �� I�� t,+�l11C'��c' ��1�� 1�C�cl�'��`t :� y.i$c`�k 1��;��c�Cfi�i��, ��l�t°� 1��ICt��t��'�� .��11t�1�i��n RECOMMENDATIONS: 1. The Task Force Recommends keeping the Human Rights Commission active in the City of Golden Valley 2. The Responsibilities of the HRC should be included in the following core areas : a. Help Build Community i. Create opportunities for dialogue in the community ii. Promote and facilitate human rights issues in collaboration with existing groups b. Seek Opportunities for Education and Resources i. Provide information in the existing city news letter ii. Sensitize community at large to different groups iii. Educate on high expectations of human rights in Golden Valley iv. Speaking, attending events,visiting schools, and conducting seminars c. Provide a Forum for Community Members to Share Grievances i. Hear a story and refer to the proper agency for resolution ii. Use the standard of what will be adhered to in conjunction with the U.N. Declaration of Human Rights or other defined standards iii. Track patterns of complaints iv. Screen cases for advisement to City Council (vet) d. Advise the City Council on Human Rights Issues i. Report patterns of incidents ii. Serve the City Council as an advisory board 3. Alternative Solutions: additional ways and/or responsibilities for addressing or promoting human rights were identified, but referred to an alternative solution, not involving the Human Rights Commission directly.Those ideas include: a. Conducting a community survey to gain feedback and provide recommendations on facts - this function would be best performed by the City Council and staff, however the HRC may contribute to the design of the survey to include evaluation of human rights violations, if directed by the Council b. Communicate that Golden Valley is a safe and welcoming place - this is considered to be a marketing effort and would be best served by the City staff c. Keep updated list of resources(County, State, other) - This function could be served by the HRC, however the City staff was viewed as an alternative solution that would perhaps be better suited for consistency and accuracy in performing this task ��;� � �� , ��. � �. - � � � , _�� ;;�;�, � � � .� � ��.a�c��+� �i'�'�� , ��, �'�s 1�,*�.- �a�� r��' i ;!�''�1'�+r�'`��€ ��s �a ��,� � � � �� r� (� ��: .� :.. . `�, ` : ,� ,�..^� ,f` - �. � ,, F ,>` 4. HRC Member Expectations:the Task Force recommends that the Human Rights Commission members are held accountable through a clear set of expectations,that should include: a. Attendance h, Undergo training—keep current b. Transparency i. Be respectful of City Council c. Regular, announced meetings j. Take timely action d. Responsible to the City Council k. Respectful of public e. Non-political I. Broad spectrum of focus, include all f. Maintain open lines of communication groups g. Understand limits of authority 5. Issues for resolution: prior to moving ahead,the Task Force recommends that the Council resolve the following issues: a. Police/HRC Coordination:while the Task Force members understand and appreciate the value and importance of the Police Chief being a liaison to the HRC,there is a strong sense that the primary contact for the HRC should be designated as someone/department other than the Police Department b. Council respectful of HRC work:the Council should be able to treat the Commission's work and members respectfully c. Have working session once a year with the City Council 6. Mission:the proposed mission for the HRC is to"Help Promote and Nourish a Safe, Respectful,and Welcoming Community." The Attachments A, B, C, D, & E provide an overview of the process and discussions in greater detail. Be advised,there were different participants at each session,which created an unusual dynamic and need for bringing up to speed those who were not part of the discussions at the previous sessions.The recommendations provided in this report are agreed upon by the eleven Task Force members who attended the session on September 13 (see front page picture). In response to the facilitators' request for comments and feedback on the final report, absent members provided additional thoughts that are represented in Attachment E.These ideas were not consented by the entire group, therefore included as Attachment E for fair representation of broad views and opinions in regard to the role and responsibilities of the Human Rights Commission. ATTACHMENT A: Overview of the assignment and process According to City Code,the HRC advises and recommends to the Council in matters of equal opportunity and elimination of unfair discriminatory practices(City of Golden Valley official website).The Golden Valley City Council is soliciting feedback from residents on the need for a Human Rights Commission as an advisory body to the City Council. The purpose of the task force is to assess the need for and scope of a Human Rights Commission as an advisory board of the Golden Valley City Council. �� STEP I STEP II STEP III Purpose Activities Recommendations Is there a need for a Human What are the events and What are the recommendations Rights Commission? activities of a HRC? to the Council? When:August 9 When:August 20 When:August 29 Objectives: Objectives: Objectives: 1. Review background 1. Brainstorm various activities 1.Agree on core functions of the 2. Discuss needs of the and events the HRC can offer to HRC Community the community 2. Develop recommendations to 3.Identify need for HRC 2.Confirm the need for HRC as the Council on the HRC's mission an advisory board to the Council Expectations: • Each meeting will be 3 hours(6-9 pm) • Review and build on the work of a previous session • Each participant is valued and appreciated • Facilitator will be available throughout the process to answer questions or provide explanations Homework: Please review prior to the first session: 1)City Code as it pertains to the HRC(advisory board roles and expectations); 2) Golden Valley HRC Bylaws; 3) Universal Declaration of Human Rights;4)Golden Valley Police Department Bias Crimes Policy. ATTACHMENT B: Session I Summary ' ' ' � • Introductions and _ Background Review � • Most Important Functions of • the HRC Facilitators: Richard Fursman and Irina Fursman AGENDA: Expectations: as facilitators we will assist the group with focusing the discussion on the topic, provide the environment for productive and 1. Introductions effective thinking, encourage participation, create opportunities for 2. Process Review learning, and will strive towards consensus. 3. Expectations, Guidelines and Task Force Members Present: Denise Mazone,Alicia Kopp, Mickey Roles Greenberg, Dwayne King,Scott Charlesworth-Seiler, Michael Meyer, 4. Focus Question: Bernie Milstein,Christopher Jordan, Bill Devins,Steve Schultz,Jeffrey Is there a need for Prottas, Hilmer Erickson, Peggy Leppik,Sharon Soike a HRC? Expectations: respect each other's views, contribute, but not dominate conversations, be on time,actively participate,do not litigate past issues,think future HRC, and provide substantive ideas. Address and Bring to light Uutreach and Education Assess Needs and Advise and Educate Discriminatian of Pub[ic Inventory Services Council - Ensure the mechanism to address - Plan activities for G.V. - Survey the community on civil - Educate Council incidents of discrimination constituents to avoid and and human rights practices in - Advisory group and sounding continues mitigate civil rights conflicts G.V. board for City Council on policies - Problem identification and (advise,educate,resolve, - City services(including HRC affecting human rights remediation enforce) Commission)reflect the - Advise Council - Bring light to unfair practices - Facilitate educating the demographics of G.V.and their - A place for the public to take community needs(needs assessment) grievances or concerns involving - Educate community discrimination for resolution - Educate the public on matters of - Acknowledge and react on human rights discrimination - Outreach to community - Provide protected class an "entry"(info&advocacy)on issues related to civil rights(i.e. discrimination committee) ATTACHMENT G Session II Summary � � � • Check-in & Review .� • Response to Hurnan Rights issues ` & Opportunities to Promote � Human Rights in Golden Valley .......�.�... :� HUMAN RIGHTS 1SSUE5 IN GOLDEN VALLEY .�.'"�'...�. ' • ��j . Race AGEtVDA: ��°�..� _- _.__ __.._.._._____---_�.._��.__ .__._,�_.�---.---__--- •HRC Role: Hear complaint,assist person with resouces,refer to another agency �. C�E�� •Alternative to HRC: Police Department Internal investigation,City and City Council 2. �Cevie�d I � � � •• � � • Inequality in education 3. Commur�ty needs � �..�---______�._____.______�.��.._� _.._�... and apporttatities •HRC Role:support value of diversity in schools, leverage reltionship with the City for HRC response •Alternative to HRC: School Board, Educational Office, PTA/PTO,State Department or rontribution � ,��; ��rl�'��t��s�`��.,'��i,��o�,��;��'' .��. . ��.�y��:�.�t�E �.ti��.� f�,��qd Age 4. Confirm HRC need — - —. and/or role • HRC Role: Direct to attorney or other resources •Alternative to HRC:Attorney, Mediation,State =� � �� r€'s�,��[a-�e= t►..»�`�� D158bl�lty i � ___.___.___..�------ Chance to tell story Education Resources Events:Create Advise the Council Community - Comfortable place to air - Share ideas and resources with other HRCs�� -� Emphasize building - Resource for City Council to hear,screen � grievances (other communities) community through events and make recommendations - Process in place to address - Opportunity to work with neighboring agencies - We have diversity to - Review and recommend City human grievances - Opportunities:duplicates state/county agencies celebrate rights policies upon request - Stand ready to hear and - Share ideas with HRC network - Sponsor community events - Protect the City defend human rights - Access to many schools and school systems to bring the diverse - A body to inform and advise City leaders - In the absence of human rights responses---a community together(serve in an objective non-partisan fashion � body should be working to educate on human as planning body) rights issues - Organize human rights public - Educate on high expectations of Golden Valley education programs and to protect and defend human rights events - Educational opportunities - Educate about laws and constitutional � amendments � - Draw public attention to human rights issues � - Bring awareness to recognize signs of abuse and �� provide guidelines Conclusion:After a careful individual review and group discussions, mernbers of the Task Force shared their positions on the , need for the existence of a Human Rights Commission in Golden Valley.Several members expressed a point of view that a city Human Rights Commission is redundant as other county and state agencies exist to address the same issues. Majority strongly believe in ti�e ualue that the Human Rights Commission can bring ta the community and that it is neeessary to maintain the Commission:i'he group wiJl reconvene for Session IN with an assumption that there is a need for a Human Rights CQmr»is�it�n ir�G�ald�n Uall�y,Adr�r��s�he rr�issio�a and respvnsibilities cr�"th�Hur�a�t Ri��#��t��i��a�=�rc��'t t�ae ' r��flr�rrner�drrtir�n��v t1��i��'c��,��i��be r��1��r��e��r�r t�ua.� : ��I t�c+� �, , � , .��.;. ATTACHMENT D: Session III Summary ' = � � • Check-in & Review . • Responsibilities for , addressing human rights _ ._, � Agenda: 1. Check-in & Review �Background •Meeds Review assessment HRC oP 2. Define �HRCcurrent 'Opportunities dltBPtlatlV2 ReS OI1SIbllltle5 structure to promote solution? p human rights ' 3. Draft recommendatio n to the Council � Process Review Task Force members have expressed their views on whether the HRC should be the "vehicle"for addressing human rights issues and/or promoting human rights.There was neither clear consensus nor majority one way or another(see the scale below).The committee was divided into two groups(count off, not the same groups as below)to explore responsibilities of a "BODY"that would be charged with promoting human rights through opportunities identified earlier: 1. Education and Resources to build awareness around human rights; 2. Creating Community through events and various activities; 3. Provide a chance to tell a story(air grievances);4.Advise the Council on Human Rights issues HRC Alternative �� . �•.. i- ' � . • � • �- - �• *Peggy was on the"line,"but even with her name under HRC the overall picture would not change significantly from clear consensus or significant majority point of view The exercise below provided the Task Force members with an alternative way of looking at the focused question: Is there a need for a HRC?The responsibilities in each area can be carried out by one group (HRC or alternative) or various groups within the community.The discussion was focused on what can be done to promote human rights issues rather than addressing human rights issues directly(committee agreed that there are other agencies that are better equipped to handle the issues themselves).The consensus of the committee so far is that if there is a human rights BODY, it should be pro-active, fluid, and inclusive. WHAT ARE THE RESPONSIBILITIES OF AHRCORALTERNATIVEBt?DYIN THE AREAS OF...? Chance to tell story Education& Resources Help Build Community Advise fhe Council - Comfortable place to air - Share ideas and resources with other HRCs - Emphasize building community - Resource for City Council to hear, grievances (other communities) through events screen and make recommendations - Process in place to address - Opportunity to work with neighboring agencies - We have diversity to celebrate - Review and recommend city human grievances - Opportunities:duplicates state/county agencies - Sponsor community events to rights policies upon request - Stand ready to hear and - Share ideas with HRC network bring the diverse community - Protect the City defend human rights - Access to many schools and school systems together(serve as planning - A body to inform and advise city - In the absence of human rights responses---a body) leaders in the objective non-partisan body should be working to educate on human - Organize human rights public fashion rights issues education programs,events,or _ - Educate on high expectations of Golden Valley seminars R2S 011Slblllt : Responsibility: to protect and defend human rights p y - Educational opportunities -COt1CIUCt SUfV2y(g81n DID NOT COMPLETE - Educate about laws and constitutional Responsibility: community feedback and amendments - Draw public attention to human rights issues -$erV2 Clty COU1lCll 85 8tl provide recornmendations - Bring awareness to recognize signs of abuse advisory board on facts) and provide guidelines (ageism) -Create opportunities for -report patterns of incidents ' dialogue in the comrnunity Responsibility: -Communicate that G.V,safe -Keep updated list/resources(County, and welcoming place State,other) -promote andfacilitate HR -Provide information in newsletter issues in eollaboration -Sensitize community at large to W��xisting groups different groups -Educate on high expectations of human rights in Golden Valley: �� -Speaking/attending events j schools ATTACHMENT E: Additional Comments A different point of view(A): I respectfully reject the appropriateness of the recommendations made by the Task Force.After sitting through nine hours of ineetings and reviewing data presented to the Task Force, I do not believe there is any legitimate need for a Human Rights Commission in Golden Valley,especially if it is to perform the multitude of tasks outlined in the recommendations. (The recommendations regarding the responsibilities of the HRC had no criteria to measure success or effectiveness). I have stated my reasons why I have come to this conclusion and I will state them again: 1. Previous surveys of Golden Valley citizens did not indicate that Human Rights issues were foremost on citizens' minds, but that taxes and safety were very much an issue for them. 2.The number of complaints to the City regarding human rights issues are minimal. 3.There are other county,state and federal avenues available to people if they believe there are human rights violations in housing, employment or police actions. 4.According to a recent Money magazine report of the top 25 places to live in the USA, Minnesota had five cities make the list and only one has a HRC(Eden Prairie) http://money.cnn.com/magazines/moneymag/best-places/2012/top100/index. It appears that having a HRC does not necessarily add any tangible value to the" livability" of a community. 5. Only 47 of the 800 communities in Minnesota have a Human Rights Commission so having one does not seem to be the standard in the State of Minnesota. I suppose one could argue that because Golden Valley had a HRC that human rights issues are not a problem in Golden Valley. Since we have no data to back that up I am not inclined to think this to be true. After assessing all of these data points and listening to the spirited discussions over three meetings, it just strikes me that a Golden Valley Human Rights Commission is a solution looking for a problem. A different point of view(B): • We [two members] believe anyone on City payroll should complete diversity training annually, including the Council. • Also,the GVPD should not only have a peer review of any discrimination claim against it,they also need to have better accountability with an outside review of complaints which could be the HRC or a like. • Bring Juneteenth back to Theodore Wirth Park in collaboration with Minneapolis. • Reinstate the I have a Dream performances for Black History month at Perpich. Council/Manager Meeting Minutes November 13, 2Q12 — Page 2 Council Member Clausen stated that she is not willing to support the LPA resolutian until Hennepin Caunty agrees to provide 911 dispatch services to Golden Valley. Mayor Harris agreed that there needs to be appropriate security in place. Gladke said he would bring that request to County. The Cauncil reviewed the language in the proposed resolution. After discussion the Gauncil consensus was to go forward with proposed resolution after there has been a public forum in order to hear comments/concerns from residents. Tom Burt said staff would work on organizing the public forum and bring the resolution to a future Council meeting for further consideration. Presentation of Human Rights Commission Task Force Report Chantell Knauss introduced the Human Rights Commission Task Force facilitators, Richard Fursman and Irina Fursman who were in attendance to present the Task Force findings. Richard Fursman discussed the process of facilitating the Task Force and identified the following core areas of responsibility where opportunities exist for promoting human rights: advise the City Council an human rights issues, provide a forum for community members to share grievances, seek opportunities for education and resources and help build community. He stated that the Task Force came to the conclusion that the Human Rights Commission is an appropriate vehicle to address and promote human rights in Golden Valley. Irina Fursman reviewed the attachments to the Task Force report. The Council discussed the next steps and agreed that they are inclined to move forward in reinstating the Human Rights Commission but would like more time to review the repart before moving forward. The Council thanked the Task Force members and facilitators for their participation, hard work and time and discussed sending a thank you letter to the Task Force members and ways to solicit feedback from them regarding their work on the Task Force. Tom Burt stated that staff will go through the existing Human Rights Commission's bylaws to make sure they are consistent with what is being recommended in the Task Force report and will bring the item, with a recommended structure, back to a future Council/Manager meeting for discussion. Electronic Reader Board Councit Member Scanlon reported that the Federated Women's Club has raised $14,300 and would like to know if the City could use the money toward the purchase of an electronic reader board. She added that the members of the club would like to know that the reader board would be purchased within a year and that a plaque stating that they helped with the donation be placed on the reader board. Tom Burt stated that the cost of electronic reader boards start at approximately $18,000 and go up from there. He added that the City would need to obtain the additional money from another source and suggested the Golden Valley Foundation or other businesses. �;l��1 �� ,. Public Works Department 763-593-8U3Q J 763-593-3988{fax} Y-� _.m. _.. � ��;�°�:..��.�� ...;._�=��;n�;��. .�� . :_- .�� -..-° ,w��z. .. ..��a��:�� Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. L. Award Contract for Trimming and Removal of Trees on Public and Private Property, Project No. 13-03 Prepared By leannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Tim Teynor, Assistant City Forester Summary Bids for the 2013-14 Tree Trimming and Removal Contract were opened on December 4, 2012. The following bids adjusted for quantities were received: Total Tim's Tree Service $161,640 Golden Leaf Tree Service $126,590 The 2013 Tree Maintenance Budget (1646.6440) includes $134,500 identified for contractual services related to tree trimming and removal. Public Works staff has completed the evaluation of bids and determined that Golden Leaf Tree Service meets the minimum qualifications for the project. Recommended Action Motion to authorize a two-year contract with Golden Leaf Tree Service in the amount of $126,590 for trimming and removal of trees on public and private property. i/IV A� y v.%f ��idiM I ..� .� 9'�YI Public Works Department 763-593-803p 1763-593-3988(fax) ��.y��~�:��: �� u��.��_-�� ,:s-_ �,r;: ., . �� .��;��i�� Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. M. Call for Public Mearing to Vacate Easements in the Plats of Fahrendorff Addition and Olin Addition (690Q Block of Harold Avenue ) Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary A developer has propased a minor subdivision in the 6900 block of Harold Avenue which would combine two existing vacant lots and subdivide them into three new lots. During the platting process, it was determined that existing easements on the property need to be vacated before the final plat (Olin Woods) is approved. Consistent with City Code, the preliminary plat includes the dedication of drainage and utility easements on each lot. In general, the proposed easements are equal to or larger in size than the existing easements. Staff has sent a letter to all private utility companies requesting their review and comment. It is anticipated there will be no objections to this easement vacation. No notice to the Commissioner of Natural Resources is required for this vacation. If City Council approves the call for public hearing, staff will publish and post a notice of public hearing and send letters ta all affected property owners consistent with state statute. Attachments • Plat of Fahrendorff Addition (showing existing easements) (1 page) • Plat of Olin Addition (showing existing easements) (1 page) • Preliminary Plat for Olin Woods (showing proposed easements) (1 page) • Resolution Establishing a Public Hearing on January 15, 2013 to Consider Vacation of a Portion of Certain Platted Easements in the Plats of Fahrendorff Addition and Olin Addition (1 page) Recommended Action Motion to adopt Resolution Establishing a Public Hearing on January 15, 2013 to Consider Vacation of a Portion of Certain Platted Easements in the Plats of Fahrendorff Addition and Olin Addition. . � i: � � � �� -� � � ��' Z � � � . � � � • � � � , �; � � ;', s� �o, �� ,�-. C �I ru+rrrsrw+xrir•s�r ��/ T a � - pMi- ffi�rIM i1R I `�� Df" .a.r!-_ ,'_'�_' � `` � t J a..�rrwr��lMw�tM�___ � � �-------- 1 � � a`�ro% � !! � b+ Zt l0'1 � 'n � � �! -��--- � � � i�� * ��_E �� d � � / ��i; 2 � i ' Z . 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W�' 9 R � ° gi �� _�+��ri f ��i�" �p � � y'i/3" �� • I YQ .[►�� / ' ��i4 � ��i —�^� � /�� i � � C ./ � s��g� � � ` �� 0 �,y esmz�ssu�u oeaecescu •.�•4,,,;,,•�.� .rw�w r.�.. aw 'A3'f1VA � a �.�.�w.w�w...� �� !�� "�� ,�_ � r' �w w�s uw �- � A��:� lvia xavNiw�ad � p N �v� R � �� "° � � � � . �e� �.�� a �� , � � � �� e;��#}�� s�� - �� $ ^�� a u; ' > � a o t--- . 0 _ � � / � ,�M�� . � �. �� : �� . w �,,�'"''' � �c� �� E,!�'° � I j � � � �. � ��,�' P�,. m� � �� G� � 9�a � Q 0 J O � Q S Resolution 12-101 December 18, �012 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING ON JANUARY 15, 2013 TO TO CONSIQER VACATION OF A PORTION OF CERTAIN PLATTED EASEMENTS IN THE PLATS OF FAHRENDORFF ADDITION AND OLIN RDDITION WHEREAS, the City desires to consider vacation of a portion of certain platted drainage and utility easements in the plats of Fahrendorff Addition and Olin Addition, legally described as follows: All existing platted easements within Lot 1, Block 1, FahrendorFf Addition and Lat 1, Block 1, Olin Addition. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on January 15, 2013, at 7 pm to consider vacation of the easements. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Cl�� C�� .. ��t� Finance Department � 763-593-8013/763-593-8109(faxj �p�h . i�. _ , _._ . �w:...s. ��, ��.�� .� . �::�y�:�,� . �� -�,... ::.. �� :..z. :. Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. N. Receipt of November 2012 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fund) Storm Utility Fund (Enterprise Fund) General Fund Operations: As of November 2012, the City uses $3,375,085 of fund balance to balance the General Fund Budget. The second half property tax settlement will be received in December. Attachments • November 2012 General Fund Financial Reports - unaudited (2 pages) • November 2012 Conservation/Recycling Fund Financial Report � unaudited (1 page) • November 2012 Water and Sewer Utility Fund Financial Report - unaudited (1 page) • November 2012 Brookview Golf Course Fund Financial Report - unaudited (1 page) • November 2012 Motor Vehicle Licensing Fund Financial Report - unaudited (1 page) • November 2Q12 Storm Utility Fund Financial Report - unaudited (1 page) Recommended Action Motion to receive and file the November 2012 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Revenues November, 2012 (unaudited) Percentage Of Year Completed 92.00% Over % 2012 November YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,7Q2,050 0 5,995,549 ($5,706,501) 51.24% (1) Licenses 173,800 5,745 222,288 $48,488 127.90% Permits 628,Q70 63,063 958,600 $330,530 152.63% Federal Grants 0 0 17,282 $17,282 State Aid 10,500 22,540 50,549 $40,049 481.42% Hennepin County Aid 0 0 0 $0 Charges For Services: General Government 43,550 (103) 28,875 ($14,675) 66.30% Public Safety 181,745 16,256 159,792 ($21,953) 87.92% Public Works 125,000 10,796 122,397 ($2,603) 97.92% Park& Rec 395,350 10,879 537,006 $141,656 135.83% Other Funds 1,001,500 13,808 848,959 ($152,541) 84.77% Fnes & Forfeitures 260,000 33,076 293,849 $33,849 113.02% (2) Interest On Investments 110,000 0 675 ($109,325) 0.61% (3) Miscellaneous Revenue 182,700 5,567 203,825 $21,125 111.56% Transfers In 86,810 0 86,810 $0 100.00% TOTAL Revenue $14,901 075 $181 627 $9,526,456 ($5,374,619) 63.93% Notes: (1) The first half taxes was received in July. (2) Fines and Forfeitures is through October. (3) Investments will be booked at year end; Cart Lease interest City of Golden Valley Monthly Budget Report-General Fund Expenditures November, 2012 (unaudited) Over % 2012 November YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. oo� Council $287,755 13,894 255,583 ($32,172) 88.82% 003 City Manager 697,925 50,948 597,571 (100,354) 85.62% ooa Transfers Out 294,710 0 294,710 0 100.00% (1) 005 Admin. Services 1,572,160 136,899 1,351,854 (220,306) 85.99% 006 Legal 120,000 20,023 107,762 (12,238) 89.80% (2) oo� Risk Management 290,000 0 296,635 6,635 102.29% (3) 01� General Gov't. Bldgs. 570,855 32,288 424,463 (146,392) 74.36% 016 Planning 317,035 21,394 269,049 (55,986) 82.34% 022 Police 4,701,500 362,379 4,160,862 (540,638) 88.50% 023 Fire and Inspections 1,554,480 108,879 1,372,861 (181,619) 88.32% 035 Public Works Admin. 315,365 22,425 275,190 (40,175) 87.26% o3s Engineering 663,425 45,104 519,238 (144,187) 78.27% 037 Streets 1,386,530 98,167 1,071,965 (314,565) 77.31% 065 Community Center 75,355 13,923 54,952 (20,403) 72.92% (4) os6 Park & Rec. Admin. 646,275 41,614 557,030 (89,245) 86.19% os� Park Maintenance 996,780 56,231 831,365 (165,415) 83.41% 068 Recreation Programs 410,925 20,300 468,451 57,526 114.00% TOTAL Expenditures $14,901,075 $1,044,468 $12,901,541 ($1,999,534) 86.58% (1)Transfers were made in June. (2) Legal fees are through October. (3) Dividend payment will come in December. (4) Rent payment is made in November. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund November 2012 (unaudited) ' Ove r 2012 November YTQ (Under) °fo Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 56,859 5,434 110.57% Recycling Charges 276,000 23,727 230,885 (45,115) 83.65% (3) Miscellaneous Revenues 0 0 8,876 8,876 (4) Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 332,425 23,727 296,620 (35,805) 89.23% Expenses: Recycling 453,605 36,048 270,924 (182,681) 59.73% (2) Total Expenses 453,605 36,048 270,924 (182,681) 59.73% (1) Interest Earnings are allocated at year-end. (2) This inciudes through Qctober services as of YTD. (3) Recycling Charges are thro�gh November 2012 (City Utility Bill). (4) Includes Mighty Tidy revenue City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund November, 2012 (unaudited) Over 2012 November YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,022,955 375,330 4,112,646 89,691 102.23% Sewer Charges 3,236,245 264,408 2,818,028 (418,217) 87.0$% Meter Sales 5,000 620 4,754 (246) 95.08% MCES Grant Program 0 0 0 0 Penalties 120,000 7,492 105,333 (14,667) 87.78% Charges for Other Services 220,000 24,986 281,686 61,686 128.04% State Water Testing Fee Pass Through 43,000 3,991 38,539 (4,461) 89.63% Certificate of Compliance 60,000 7,850 70,350 10,350 117.25% Interest Earnings 65,000 0 Q (65,000) 0.00% Total Revenue 7,772,200 684,677 7,431,336 (340,864) 95.61% Expenses: Utility Administration 1,913,620 30,082 1,351,432 (562,188) 70.62% Sewer Maintenance 2,441,390 190,603 2,337,638 (103,752) 95.75% Water Maintenance 4,098,800 483,695 3,824,472 (274,328) 93.31% Total Expenses 8,453,810 704,380 7,513,542 (940,268) 88.88% City of Golden Valley Monthly Budget Report- Brookview Golf Course Enterprise Fund (3) November, 2012 (unaudited) Over 2012 November YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 879,100 9,583 886,659 7,559 100.86% Driving Range Fees 107,700 554 112,183 4,483 104.16% Par 3 Fees 195,150 510 166,267 (28,883) 85.20% Pro Shop Sales 82,Q00 682 79,538 (2,462) 97.00% Pro Shop Rentals 235,200 2,205 249,734 14,534 106.18% Concession Sales 218,200 1,948 235,367 17,167 107.87% Other Revenue 68,000 1,069 69,023 1,023 101.50% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (37,000) (3,687) (31,137) 5,863 84.15% (4) Total Revenue 1,763,350 12,864 1,767,634 4,284 100.24% Expenses: Golf Operations 649,565 24,621 641,123 (8,442) 98.70% (2) Course Maintenance 721,620 35,746 626,508 (95,112) 86.82% Pro Shap 111,600 1,694 110,257 (1,343) 98.80% Grill 176,190 2,272 186,611 10,421 1QS.91% Driving Range 44,320 550 45,997 1,677 103.7�% Par 3 Course 29,730 24 27,728 (2,002) 93.27% Total Expenses 1,733,025 64,907 1,638,224 (94,801) 94.53% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course opened on March 16 and closed on November 11. (4) Credit card fees are through October. City of Golden Valley Monthly Budget Report- Motor Vehicle Licensing Enterprise Fund November, 2012 (4)(unaudited) Over 2012(3) November YTD (Under) °/a Budget Actual Actual Budget Current Revenue Interest Earnings 0 0 (1) Charges for Services 17,727 85,250 (2) Total Revenue 0 17,727 85,250 85,250 Expenses: Motor Vehicle Licensing 19,374 171,849 (5) Total Expenses 0 19,374 171,849 0 (1) Interest Earnings are allocated at year-end. (2) Activity is posted in through November. (3) No 2012 budget was set due to the closure. (4)The DMV opened July 23. (5) Due to the closure, additional start up cost were incurred. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund November, 2012 (unaudited) Qver 2012 November YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 40,000 0 0 (40,000) 0.00% (1) Storm Sewer Charges 2,228,920 191,754 2,008,886 (220,034) 90.13% Bassett Creek Watershed 1,080,200 32,344 32,344 (1,047,856) 2.99% State Grant-Other 0 0 29,539 29,539 (3) Total Revenue 3,349,120 224,098 2,070,769 (1,27$,351) 61.83% Expenses: Storm Utility 2,777,630 180,160 1,166,155 (1,611,475) 41,98% (2) Street Cleaning 121,780 19,370 97,567 (24,213) 80.12% Environmental Control 240,050 9,649 135,912 (104,138) 56.62°f Debt Service Payments 435,125 0 433,899 (1,226) 99.72% Total Expenses 3,574,585 209,�.79 1,833,533 (1,741,052) 51.29°/a (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. 2011 PMP and 2012 PMP are not complete. (3) Project Reimbursement. �� )� � Finance Department 763-593-80131763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. 0. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2012 Audit Services Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorizatian for services with Malloy, Montague, Karnowski, Radosevich & Co. for 2012 audit services for$43,900. The cost will remain the same as the previous year. This amount is also for reviewing the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 24. Attachments Engagement Letter with Mafloy, Montague, Karnowski, Radosevich & Co., P.A. (7 pages) System Review Report (1 page) Recommended Action Motion to authorize the City Manager to sign Engagement Letter with Malloy, Montaque, Karnowski, Radosevich & Co., P.A. for the 2012 audit services for$43,900. PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C James H.Eichten,CPA 1� C C O U N T A N T S Aaron J.Nielsen,CPA Victoria L.Holinka,CPA December 4, 2012 To the City Council of the City of Golden Valley � 7800 Golden Valley Road � Golden Valley, MN 55427 � � � � Dear Councilmembers: We are pleased to confirm our understanding of the services we are to provide the City of Golden Valley (the City) for the year ended December 31, 2012. We will audit the financial statements of governmental activities,the business-type activities, each majar fund,the aggregate remaining fund information,and the budgetary comparison for the General Fund and major special revenue funds,which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2012. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as Management's Discussion and Analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB) who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures,but will not be audited: 1. MD&A 2. GASB-required other post-employment benefits information We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit af the financial statements and certain additional procedures, including comparing and reconciling such infor�r►ation directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: � 1. Combining and individual fund statements and schedules Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353�Wayzata Boulevaxd • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkx.com - City of Golden Valley � Page 2 December 4, 2012 The following other information accompanying the financial statements will not be subjected to the � auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance on that other information: 1. Introductory section 2. Statistical tab(es We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide,promulgated by the State Auditor pursuant to Minnesota Statute § 6.65 and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the Ciry Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget Circular A-133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a single audit of feder�l assistance funds,this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the second paragraph when considered in relation to the �nancial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we wiil fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts ar grant agreements, noncomptiance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the City, and specific legislative or regulatory bodies and is not intended to be, and should not be, used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. � � City of Golden Valley Page 3 December 4, 2012 � Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit we will assist with the preparation of your financial statements and related notes. You are responsible for making all management decisions and performing ail management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met. You are also responsible for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformiTy with accounting principles generally accepted in the United States of America. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. You are aiso responsible for providing us with (1)access to all information of which you are aware that is re(evant to the preparation and fair presentation of the financial statements, (2)additional information that we may request for the purpose of the audit, and(3) unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving (1)management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supp(ementary information is issued with our report thereon. • City of Golden Valley Page 4 December 4, 2012 Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibiliry includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. � Audit Procedures—General An audit�includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable, rather than absolute assurance about whether the financial statements are free of material misstatement, whether from(1) errors, (2) fraudutent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standa�ds. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors and any fraudulent financia( reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. � City of Golden Valley Page 5 December 4, 2012 Audit Procedures—Internal Controls Our audit will inc(ude obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to tl�e financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal cantrol related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration,Fees,and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the properly of Malloy, Montague, Karnowski, Radosevich & Co., P.A_ (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency pursuant to authority given to it by law or regulation. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the regulatory agency. The regulatory agency may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies)contesting the audit finding for guidance prior to destroying the audit documentation. � � City of Golden Valley � Page b December 4, 2012 We expect to begin our audit in March, 2012 and to issue our reports no later than June 30, 2012. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees for these services will be based on the actual time spent at our standard hourly rates. We wi(1 also bill you for travel and other out-of-pocket costs such as report production, typing, and postage. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work, we estimate that the basic audit fees will be $43,900. These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements, new accounting and auditing standards, transactions and legal requirements of new bond issues, new funds,major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. WiYh regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the finai reprodaced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. ' City of Golden Valley Page 7 December 4, 2012 Sincerely, MALLOY, MONTAGUE, KARNOWSICI, RADOSEVICH&CO., P.A. t � �. ,��v�---- ��:i�<..�..�-�._. William J. Lauer,CPA Principal WJL:kch Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: __rt. ■a�� 9 i�� VV�ai�i'��, �e�e Certified Public Accountants 4211 N. Lightning Drive, Suite A • Appleton, WI 54913 (920) 993-0105 • Fax (920) 993-0116 (888) 725-5277 Svstem Review Report To the Principals of Malloy, Montague, Karnowski, Radosevich and Co.,P.A. and the Peer Review Committee of the Minnesota Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. (the firm) in effect for the year ended May 31, 2010. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants.The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.or�/prsummarv. •- As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and an audit of an employee benefit plan. In our opinion, the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. in effect for the year ended May 31, 2010, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies)or fail. Malloy, Montague, Karnowski, Radosevich and Co., P.A. has received a peer review rating of pass. �'"'`"..�/ V-`"1�,f. �'o�j,4.az,.o,7�Diy�J:C, KERBER, ROSE &ASSOCIATES, S:C. September 23, 2010 Members of the American and Wisconsin Institutes of Certified Public Accountants www.kerberrose.com �"��' C�� Public Works Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. P. Hennepin County Watershed Reorganization Plan Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Hennepin County Commissioner Jeff Johnson has been preparing to submit a bill to the State Legislature to reorganize watershed management within Hennepin County. The overall intent of the bill is discussed within an informational packet distributed at a Water Governance Stakeholders Forum hosted by Commissioner Johnson on December 4, 2012. A copy of this packet is attached to this memorandum. A copy of the proposed bill is included in the packet. In summary, the proposed reorganization will eliminate the 11 existing watershed management organizations within the county and organize the drainage areas into three districts. These districts would be managed by boards consisting of elected officials from the member communities and would have taxing authority. The plan includes creation of a Hennepin County Watershed Management Organization Coordinating Board consisting of a county commissioner, a manager from each of the new districts, representatives of each park district within the county and a member of the Soil and Water Conservation District. Under the proposed scenario, the City of Golden Valley would be located within the proposed North and Central Watershed Management Organizations. While the averall intent of the reorganization proposal is to simplify watershed management and provide county-wide priorities for water quality improvements, there are a number of concerns with the proposal. Among these concerns is the loss of local control, including local knowledge and passion for specific water resources; and an increase in the complexity of an already difficult regulatory environment. In order to express the City's concerns to Commissioner Johnson and the Hennepin County Board, staff recommends that a letter be sent from Council. A draft letter to Commissioner lohnson outlining these concerns is attached to this memorandum for authorization to mail. Attachments • Water Governance Stakeholder Forum packet (10 pages) • Draft Letter to Hennepin County Commissioner Jeff Johnson (3 pages) Recommended Action Motion to authorize staff to mail letter to Commissioner Jeff Johnson regarding the Hennepin County Watershed Governance Proposal. ��Q�N.e =c�,2 •'`�� t'�► `:.,�e �'�I��,[NLP�N Cc�]uN'CY Ct1MMtssICiN�R��'Jc)t-IN��N` ,1k2400{'sOV�RNMENT.CEN'i'�F2 ' MtNNEAPUUS,MINNESC)TA�54$7-0i��t� �'��niESa"�P � Water Gavernance Stakeholder Forum � Tuesday, December 4, 2012 � � Hennepin County PubHc W�ortcs Facili#y � Medina, Minnesota � � '� Agenda � � �� . � 8:00 a.m. Registrafion and Continental Breakfast �� 8:15 a.m. Welcome and Opening Remarks � 8:30 a.rn. Summary of Proposal � � 8:45 a.m. Discussion � � 10:00 a.m. Adjourn � � � �f �" � . � � � � � � � � , - � i : . . � _ : • � . ' �� ' • : � � . * � • i sa�a ener6umo c' And�e NFipd N 1� � W E .. p� . 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Mil� HENNEPIN CUUi'�iTY WA'�`ERSHED MANAGEMENT PILOT PRtJjECT ' Background Hennepin County currently contains eleven separate watershed organizations{"WMO"�that include four watershed districts and seven watershed management organizations. Watershed districts have rnanagers appointed by the county commissioners and taxing authority,whereas WM�'s have na direct taxing authority,are jaint-powers arganizations af the rnunicipaiities within the boundaries of the district and have managers who a�e appainted by the respectnre crty counci(s, Under the current configuration,four cities+n the caunty a�e included in four separate watershed organizations,faur have three,seventeen have two,end the remainder are fully tantafned within one. Over the past decacte,watershed organizations within Hennepin County have budge#ed expenditures totaling over$230 miilion,with an average annual increase exceeding 596. These investments, cembined with cities`focus on storrn water management, building standards and developer requirements and initiatives,have contributed to reducing the number of lakes with detlining water quality. 7he most recent lake quality trends indicate that water quality in Hennepin lakes has stabilized in the past ten years,with the majority of county lakes showing no significant upward or downward trend. The average lake grade in the county over the past decade is a"C',regardless of watershed organization. As evidenced by these wa#er quality statistics,we now expect metropolitan watershed organizations to improve water quatity at the same time that they art on traditional watershed concerns such as fiood cflntral. Hennepin County watershed organizations in the current structure appear to be toa fragmented and,in many cases,have insufficient resources to meet curren#or future expectations.We can design an impraved system. This proposal is a variation of a study and report on county water rnanagement campleted for Hennepin County by the Cen#er for 5cience,Techn�logy and Public Policy a#the University of Minnesota. The repart recommended,among other things,consoiidatian of watershed districts and watershed management organizations in Hennepin County,each with taxing authority. Goals The overall intent ofthis proposal is to improve water quality,align existing resaurces and focus investments an measurab(e autcomes by specifically focusing on the following five goats: 1. Support a camprehensive approach to resource management by promoting the coordination of surface water,ground water,(and-use and natural resaurce management 2. Promote water management in callaboration with local government 3. Increase accounta6ility for water management and improved water quality 4. Allow the locally-controlled creation of water management structures to pro�ide long-term protection of water resources and improve water qualityr 5. Ensure that adequate fstal capacity exists in each management unit and that local eleded ofFicials engage in shared water governance�esponsibilities �'�'c��s��u�rr!�nary Rearganization: Four watershed distr�cts and seven watershed management organizat`rons are reorganfzed into three watershed management organizations. The new watershed rnanagement organizations have taxing authority and are governed by and subject to the laws and requirements of both watershed management organizations and watershed disiricts. For watersheds that are not wholly contained within Hennepin County,the new watershecls are afifarded the ability to either pravide for representative managers based upon poputation and tax+capaci#y or provide for a boundary that is coterminous with the county boundary. The new watershed management organization rnanagers mus# be eleded officials from municipalities whQlly or partially with+n the organization baundaries and their ap�ointmgnt must be estab{ished in the new organizations'adopted bylaws. Transitian: Each municipality will eppoint an elected official to serve on a transition plan committee. These comm+t#ees are charged with aligning camprehensive water management pians,bylaws,rules and develapirrg a method for selection of managers to the watershed management organizatians {"WMO`s"j. The rules,bylaws and cotnprehensive plans must�be submitted to the cities�within the watershed and be approved by a two-thirds majorrty of each city cauncil before submission to tfie 8oard o#Water and Soil Resources("BWSR"}. The current gs�verning structure of watershed districts and WMCI's wilt corrtinue until these new sets of plans,bylaws and rules have been filed with BWSR. Hennepin County wilf administratively support and fund the transitian planning committees and will be reimbursed fram funds of th�e new WMO's. Caordinatir�g Board: Hennepin County may establish a caardinating board that includes members from: Gounty Board,Watershed Organizations,park districts and the Hennepin Conservation District. This coordinating board has no prescribed approvaf authority but may be�stablished to identify priori#y concerns,coordinate activities and establish cauntywide initiatives. The coordinating bQard may work broadly with others to identify,acquire and focus additional resources to improve wate�resources. MS4: The WMO's sha11 be designated as municipal separate storm sewer sys#em operators responsible to iderrtify watershed-wide total maximum dai{y load and,in cooperatian with cities,to determine a strategy for meeting a totai maximum daily load allocation. Desired Benefits ❑ Estabiishing rnore uniform local policies and standards for water management ❑ Creating econorr�y-of-scale savings that increase available resaurces#or water quality improvement prajects ❑ Simplify the myriad of regulatory camplexities resutting fram numerous districts through cansolidation and by promoting coilaborative governance with cities. ❑ Establishing a wa#ershed-wide TMQL with shared responsibility between municipalities and watershed management organizations ❑ Reducing the disparity in fiscaf resour�es far water quality improvement projects within the county ❑ Attracting additionai financial resources{such as Legacy Arnendment funds)for water quality projects by increasing the capacity and reach of each organization ❑ Providing additional transparency and accountability to water management by providing taxing authority to each WMO and requiring membership be fimited to elected afficials � 09/10/12 12:16 PM HOUSE RESEARCH N DD005 1.1 A bill for an act ta relating.to water;reorgarrizing watershed management organizations wholiy t.� or partially located in Hennepin County into three watershed management t.a organizations;proposing cading for new law in Minnesota Statutes,chapter i.s 103B. t.� BE IT L�iACTED BY TI�LEGISLATURE OF THE STATE OF h�Il+�NESOTA: t.� Section 1. I1Q3B.2541 WATERSHED MANAGEMENT IN HENNEPIN COUNTY. Ls Subdivision 1. Three watershed msna�ement orpanizations�ablished. � t.g Notwithstandin�anv other law ta the contranc the territory of tfie watershed mana�ement iao or�anizations whollv or nartiailv located in Henneuin Countv are r�r�anized into tbree �.11 watershed mana�ement orQanizations as foltows: 1.12 �1)North Henneuin Watershed Mana�emeut Or�anization inaludes all territorv in t.13 the Elm Crtek,Shin�le Creek,Bassett Creek,West Mississipai,and Middle Mississippi � 1.ya ioint pawers watershed mana�ement or�anizations; i.1s �2)Cez►ixal�Iennepin Watershed Mana�ement Or�anization inclvdes all territorv 1.15 in the Pioneer-Sarah Creek ioint vowers watershed manaszemen#orszanization and the i.i� Minnehaha Crcek Watershed District•and i.is (3)South Hennepin Waiershed Manaeement Oc��anization includes a11 territorv r.i9 in the Rilev-Pureatorv-Bluff Cr�k.Nine Mile Creek,and Lower Minnesota River 1.� Watershed Districts,and the Rachfield-Bloomin�ton joint powers watershed mana�ement L21 � or�anizatian. i.z2 (b)If a watershed mana�ement or�anization listed in uara�raph(a)that is 1.23 reorpanized into one of the three new watershed mana�ement oraattiz�rtions includes a 1.2a subwatershed in tenritoxv outside of Hennet�in County the new wateished management 1.2s organization established in naza2ravh(a)mav include the subwatershed area if the new Sectiori 1. 1 09/10/12 12:I6 PM HOUSE RESEARCH JV DDOOi z.t watershed mana�ement or�anni�ation provides for aqpointm�t of mana�ers based on 22 the population and tax cavacitv of the�reas of the resvective counties served bv the 2.3 new watershed msna�ement or�n�7�an. Absent re�re.sentatian af the at�eas oukside of 2.a Hennetrin Cauntv the new watershed manasement or�anization boundarv is coterminous 2s with the cauntv boundarv. 2.6 Subd.2. Applicable law:ezceptions.Excep#as otherwise provided in this section, z.7 the three watersh�manaQement orrranizations established in subdivision 1 are�overned 2.s by and subiect to the renuirements of cha�ter 103B. 103I7,aad oiher laws�overning 2.9 watershed districts. 2.io Subd. 3. Governance,plans continned darins transitian. Until the mana�ers 2.11 of a watershed mane�ement or�anization e.stablished in subdivision 1 are at�nointed 2.tz as provided in the new watershed raana�ement ar�anization's ruies aad bylaws,tiie 2.ts �overnin�¢bodv of each watershed mana¢ement organi7ativn consolida#ed into one of#ha 2.ra new watershed mana�ement or�anizations shall continue to�ovem the area it f�overned 2.�5 befoze the new watershed mana�ement oraanization was established. Y1irti1 a watershed 2.i6 mana�ement nlan is adopted for a new watershed manat�ement org,anization,the plans of 2.17 tfie watershed mana�ement at�anizations that were consolidated into tha new watershed z.ia manaa¢ement orr�aaization remain in e$'ect. 2.19 Subd. 4. Traasition plan committees. (a)Within 30 davs after the effective date z.2a of tfiis section,each home rule charter or statutory citv wholly or partiallv within the 2.2� iurisdietion of a new watershed manasetnent or¢anization established in subdivision 1, 2.22 shall ap�nint a council member or the mavor to be its nomine.e to the transition pian z.23 oommittee.Far am citv that does not ma[Ee an aouoin�nent within 30 davs of the e$'eative 2.2a date of 1�is section,the mavor or a citv council m�nber desi�2nated bv the mavor sha11 2.z5 represent the citv 2.26 (Is)Within 30 davs after the effective date of this sedaion,each watershed 2.2� mana�ement or�ani7ation�at is consolidated into a watershed mana,�_ement or�aniza#ion 2.2e established in subdivision i Lshall aupoint a manaa¢ter to the transition plan committee to 2s9 serve as a non-vatin�member af the committee. 2.30 �c)Within 66 davs of the effective date of this sectian,the Board of Water and Soil 2.3I Resowrces shal(convene the first meetin$of each watershed mana�ememt or�tanization's 2.32 transition plan cc�mmittee as s�n as practicable after arn�intmer►t of the members of 2.33 the committee. At the first tneetin;t,the committee meznbers shall alect from amon� 23a themselves a member ta senre as chair a member ta serve as vice chair and at least five 2.3s but not more than 13 additional votin�t members to develop the watershed mana�ement 2.3s ort�anization rules and bvlaws,as�rovidad in subdivision 5.The transition plan committee Sed'eon 1. 2 09/10/12 12:16 PM HOUSE RESEAItCH N DD005 s.i shall cantinue far the lon�er of one veaz or until t�e at�nointment of mana�ers has been �.2 made following the oaeratin�procedures in the ruies and bvlaws ado ted bv the new 3_3 watershed mana�ement or,�anization and filed with the Board of Water and Soil Re�sources. 3.a �d)Hennepin Countv shatl provide to each transition plan committee administcative 3.5 suqqort,including meetin�space if necessary,and fundin�for the transition plan �.6 eammittee's or�anizational activities. Unless othernvise asreed to!�v the countv within s.� one veaz of filintt with the Boar�of Water aad 5oi1 Resources the rules and bvlaws of the �.$ watershed mAr�,.,�ment ar�aniz.atian,ttie watershed manaQement or�anizat�on must reuav s_9 to the countv ttie ar�anizarional expenses incurred bv the countv for the work of the 3.14 transition nlan coznmittee,as provided in section 103D.905. �.i� Subd. 5. Rutes.hylaws,and comprebens"rve�lans. �he n�w watershed 3.i2 manaeement orsat►ization's rules and bvlaws must uravide that onlv elected municinal 3.13 officials may,serve as mana�ters of the watershed manasement ar�anization,mast include 3.1d a fortnula for weiehtit�the vote of each citv whollv or tiartiallv within th�manat�ement 3.15 or¢anization,takin�into accc»t the city's papulation and ta�c c�uscitv relative to a11 other a.16 cities in the watershed mana�ement ar¢anization's territorv.and must include the method s.i� for selectins mana�?ers of the watershed matxa�ement or�anization. Iti addition,the rules s.i s and bvlaws must nravide for a revised comorehensive watershed managem�t plan for the s.19 watsz�shed mana�*ement oreanization The w�ershed mana��ement organization mav file 3.2o the nxles�bviaws.and revised comurehensive watershed mana�ement vlan with the Board s.2� of Water and Soil R�sources onlY after at least twa�irds of the cities whollv or nartiallv s.� within the watershed manasement or�anization have aavmved them. 3.23 Subd. 6. Hennepin Watershed Manaeement Or¢anizations C�rdinatine 3.24 Bosrd. Henneuin County mav bv resolution establish the Henneuin Couatv Watershed 3.2s Mana�ement Or�anizations Coordinatin�Boazd ta ummote coordinarion and caaperation 3.26 amon�local water mana¢ement entities,as defined in section 103B.102,work with s.z7 other public a�encies and citizen volunteers ta identify and restore impaired waters,and 3.2$ establish countvwide priorities. The coordinatins�board shall consist of a.zs (1)one watershed matia�ement or�anization maaa�er at�pointed bv each watersh+ed 330 mana�ement or�anization established in subdivision 1; s.s� {2)one county board member appointed bv the Hennepin Countv board,who shall 3.32 also serve as chair of the coordinatin�baard; 333 (3)one parlc district board member avtx►%nted bv each vark district boazd of a uark 3.3a district whollv or partiallv within the cauntv;and � Section 1. 3 09/10/12 12:16 PM HOUSE RESEARCH N DD005 a.i (4)one member of the soil and water conservation district anpointed bv the soil 4.z and watex conservation district board. If no soil and water co,nservation district exists in a.s Hennepin Countv,tt:e county board shali aupoivat a member wha is a resident of the cournv a.a The cormtv shall provide to the coordinatine board administrazive sunnort includin.� a_5 meeting space if necessarv. 4.6 Subd. 7. Heanepin watershed districts as MS4s. Noiwithstand'mg the petition 4.� procedure in Minnesota Rules 7090.1010 subvart 4 the cammissioner of tha Pc�llution 4.s Co�ral Atteacv shall desi�nate each watershad mana�ement or¢anization established in a.9 this sectioo as a municival separate storm sewer svstem operatar resuonsible for� 4.io (1)identifvin�a watershed-wide total maxitnt�m dailv load• a.tl (2�ali�nin�stormwaterpollution nrevention vro�zams in the watershed wxth e.ach 4.12 other. a.i3 (3)develonine total maximiun dailv load implementatiou plans-and a.i4 {4)deternninins a�¢eneral strate�y tracicin�svstem,and schedu]e for meetins a total �.is ma,lcimum daiiv l+oad allocation in coo�era#ion with municipalities within the watershed 4.16 1TIa118�6II1C1�t rpTL,rgIIjZgtjOII'3 tCrt)tOTy. a.�� Subd 8. Taain�autharitv A watershed manaseaien#ors�anization established in 4.�g this section mav lew a�authorized in section 103B 241 not to exceed nercent of the �.19 total taxable market value of the territotv of the watershed mana�;ement or�anization 42o Subd. 9,1�aaafer af�rsonnel,sese�s.and liabilities;forarer WMOs abotish� m.2i The nersonneL assels sud liabilities of the watershed mana�emettt or�aaizatians that 4�? are reor�anized and consolidated'mto a new watershed manattement or�anization aze 4.z3 transferred to the new watershed man__,■�ement ort�anization established in subdivision 2 4.2a effective npan the a�oitrt�ent of mana�ers as provided in the rules and bvlaws for the 4.25 new watershed manase�ment or�anization Upon comnletin�transfer of all nersonn�, 4.2s sssets,and liabilities of a watarshed mana�ement or�anizatian to the new watershed �2� macia�ement or�anization,tha watetshed mana�emeirt or�anization is ai�olished. a.2s Subd. 10. Faiinre to orESnize a watershed mana�ement or¢snization If the 4.29 Board of Water and Soil Resources detertninas that a watetshed m�n ement or�anization a3o established in subdivisian I has not filed its rutes,bvlaws and revised comnrehensive 4.31 , waMxshed mana�ement plan within one vear of the effective date ofthis section• a.32 �1)the oolitical subdivisions locatsd whollv or p�rtiallv witttin the watershed 4.33 manaQement ar�tanization are not eli�ible for state fundin�for water proiects or nro�rams• a.3a (2)state aaencies may withhald from uolitical subdivisions in the territorv of a.ss the watershed manasement or�anization delega#ion of stttte water reso�uce resulatorv 4.36 authority and Section 1. 4 09/10/12 12;I6 PM HOUSE RESEARCFi � JV DD005 5.1 (3)state a�encies mav suspend issuance of water-related oermits within the territorv s.z of the wa#eersshhed mana�ement or¢anization 5.3 EFFECTIVE DATE.This s�ction is effactive......� Section I. 5 I�� Propased Watershed �rganizatians in Hennepin Caunty .., �_, _ � r,,,._, :�.� '.�. � �l�`�+ ��''^�� ^ ""t1` �.r..' . � i �'1 + �� . * a�noar '4, � �eoaeRt \ `<. i . i� .! �r � , � . 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Envirotmental S�vioes December 19, 2012 Commissioner Jeff Johnson Hennepin County Board of Commissioners A-2400 Government Center Minneapolis, MN 55487-0240 Subject: Hennepin County Watershed Governance Proposal Dear Commissioner Johnson: The City of Golden Valley has reviewed your proposed legislation regarding the reorganization of watershed management within Hennepin County. This proposal consists of combining the 11 existing Watershed Management Organizations (WMOs) and Watershed Districts (WDs) into three large WMOs with taxing authority and oversight by a Hennepin County Coordinating Board. The City appreciates your desire to improve water quality and coordinatian among local governments while using County resident's tax dollars more efficiently. As elected officials we should always make efforts to improve delivery of government services and better protect our natural resources. However, we request that additional research be completed before further consideration of this proposal, which is based on one study and report completed by the University of Minnesota Center for Science, Technology and Public Policy. This study was completed without adequate consideration of input of local officials and staff currently involved in water resource management and land use management in Hennepin County. A change of such magnitude in local governance of natural resource management requires the involvement of local government in the research phase. When specifically reviewing the proposed legislation, the City of Golden Valley has the following concerns, outlined as follows: 1. Loss of Local Control A. The proposed reorganization will result in a lass of local control in water resource management decision making. The majority of the City of Golden Valley is within the Bassett Creek Watershed Management Commission (BCWMC), which consists of citizen commissioners from the nine member cities. The local knowledge and passion of these citizens is viewed as one of the reasons the BCWMC has been successful in implementing its Capital Improvement Plan, resulting in improving water quality throughout the watershed, and specifically within Sweeney Lake in Golden Valley. Furthermore, elected officials have and do serve as citizen commissioners. Commissioner Jeff Johnson December 19, 2012 Page 2 B. The proposed "super WMOs" will be considered MS4s with the responsibility of implementing water quality improvements following TMDI studies. However, by definition, MS4s are local units of government that own and operate small storm sewer systems. Therefore, the cities within the watersheds are ultimately responsible for this implementation through their NPDES permits. Creation of an additional entity to implement these plans will create an additional layer of authority in an already complicated and cumbersome regulatory environment. 2. Efficiency and Cost-Effectiveness A. The regulation of storm water runoff within Hennepin County and the State of Minnesota is currently highly inefficient, with cities, watersheds, soil and water conservation districts, and multiple state and federal agencies with review, permitting, and enforcement authority. Often times, the requirements of one regulatory agency are in conflict of those of another agency. As a result,the implementation of water quality improvements is highly inefficient and costly. The proposed reorganization dQes not simplify this situation, and there is a high likelihood that it will add to the confusion and inefficiency. A more appropriate approach may be to address the regulatory environment on a state-wide basis, which would likely reduce permitting and administrative costs for water quality improvement projects, resulting in additional money available for the implementation of projects that benefit our water resources. The BCWMC has been actively constructing water quality improvements in the last decade, with approximately $1 million included in its annual Capital Improvement Plan. At the request of the BCWMC, TMDL studies have been completed for three of the watershed's most important water resources, including Sweeney Lake and Wirth Lake within Golden Valley, and Medicine Lake, ahead of the Minnesota Pollution Control Agency's original schedule. The implementation of projects to benefit these lakes that were identified in these TMDL studies has already occurred and additional projects are included in the CIP for the next several years. In the case of Sweeney Lake, water quality had been improving prior to the TMDL study, and the scheduled improvements are a large step towards meeting the water quality goals for the lake that would ultimately remove it from the federal impaired waters list. This ag�ressive approach is the result of the cooperative local effort of the nine member communities that make up the BCWMC, supporting the theory that watershed management is best handled at a local level. In addition to water quality improvements, the BCWMC has a significant history in effectively planning, constructing and financing capital improvement projects. The BCWMC was originally formed in the late 1960s to address significant flooding in the watershed. These issues were addressed through the construction of flood control Commissioner Jeff Johnson December 19, 2012 Page 3 projects across the watershed over a period of approximately 25 years. These improvements have resulted in a significant lowering of flood levels and a corresponding reduction in flaod related property damage. The history of the BCWMC demonstrates that local control of water resource management can be successful in terms of protection of our water bodies while being good stewards of public funds. It is our belief that the current legislative proposal would result in a higher level of inefficiencies and increased bureaucracy. The City of Golden Valley appreciates the opportunity to comment on the proposed watershed reorganization legislation. We also appreciate your desire to improve Hennepin County's water resources in a cost-effective manner. We look forward to continued participation in the discussions on this topic. Sincerely, Shepard M. Harris Mayor C: Linda Higgins, County Commissioner Representative Ryan Winkler Representative-Elect Mike Freiberg Senator Ron Latz Senator Ann Rest Jim Adams, Mayor-Elect, City of Crystal Mary Anne Young, Mayor, City of Medicine Lake R.T. Rybak, Mayor, City of Minneapolis Terry Schneider, Mayor, City of Minnetonka Kathi Hemken, Mayar, City of New Hope Kelli Slavik, Mayor, City of Plymouth Michael Holtz, Mayor, City of Robbinsdale Jeff Jacobs, Mayor, City of St. Louis Park Tom Burt, City Manager, Golden Valley Ginny Black, Chair, BCWMC Stacy Hoschka, Golden Valley Commissioner, BCWMC David Hanson, Golden Valley Alternate Commissioner, BCMWC Karen Chandler, Barr Engineering Co. leannine Clancy, Director of Public Works, Golden Valley Jeff Oliver, PE, City Engineer, Golden Valley �1�� J� Police Department 763-593-8079/763-593-8048{fax) �-�... _.��,�;�,k,_ . .. rc .k.�_. . _.. Executive Summary For Action Golden Valley City Counci) Meeting December 18, 2012 Agenda Item 3. Q. Authorization to Sign Agreement with Sojourner Project Inc. for pomestic Assault Intervention Services Prepared By Stacy Carlson, Chief of Police Summary Effective January 1, 2013, the Police Department will be changing domestic advocacy agencies from Home Free to Sojourner. While we have had a long partnership with Home Free, we strongly believe we will get better service for our domestic abuse victims with Sojourner. The cost will remain the same, which is $15,000 annually. Attachments • Intervention Services Agreement with Sajourner Project Inc. (3 pages� Recommended Action Motion to authorize the Mayor and City Manager to sign the Intervention Services Agreement with Sojourner Project, Inc. for domestic assault intervention services. INTERVENTION SERVICES AGREEMENT WITH SOJOURNER PROJECT, INC. THIS AGREEMENT is made befinreen the CITY OF GOLDEN VALLEY (the "City") and SOJOURNER PROJECT, INC., a Minnesota non-profit corporation (the "Provider"). The Provider is a non-profit organization that offers community-based intervention programs for domestic abuse incidents arising in the west suburban area, including the City of Golden Valley. The Provider has requested that the City contribute funds to help pay its expenses. The City has agreed to pay funds to the Provider on a fee-for-service basis. The parties wish to set forth in writing the terms and conditions af their agreement. Therefore, in return for the mutual agreements set farth below, the parties agree as follows: 1. TERM. The term of this Agreement shall be from January 1, 2013 through December 31, 2013 regardless of the dates of execution, unless terminated earlier as provided herein. 2. SERVICES. The Provider shall provide the required personnel and related support services and supplies it deems necessary to intervene in domestic abuse incidents that arise in the City, consistent with its past practices and procedures, working with the City in providing services (defined below). Services shall include Provider's advocacy for and meeting with victims of domestic abuse, and follow-up services provided by the Provider during the term of the Agreement (the "Services"). The Provider shall not provide Services for defendants charged with domestic assault, fifth degree assault, disorderly conduct, or order for protection violations. The City agrees to cooperate with the Provider as deemed appropriate by the City's Chief of Police to ensure the timely provision of the Services. Recipients of Services shall not be financially charged for or required to pay for Services. Individuals eligible for Services may decline Services. 3. TRAINING. As deemed appropriate by the City's Chief of Police, the City wil� make its Police Department personnel available for training with respect to the aims and procedures of the intervention program described in this Agreement. The Provider agrees to provide this training without charge during the term of this Agreement. -1- 4. PAYMENT. The Provider shall record the number of cases referred to it by the City. On a quarterly basis, Provider shall submit a statement to the City which contains the following information: a. A list of cases for which Services have been provided, designated by the name of the alleged abuser. b. A description of the Services provided including a description of the hourly service provided, using blind numbers assigned to each case so that confidentiality of the Service recipients can be maintained. The City agrees to pay a totai amount of$15,000 for all of the Services provided during the term of the Agreement. Payment by the City to the Provider for the Services will be paid in advance no later than January 31, 2013. 5. RECORDS. The Pravider shall maintain such records as are deemed necessary by the City to insure that the Services are provided as represented by the Provider. Upon execution of the Agreement, Provider shall have each employee and volunteer keep separate time records of their time spent each day, specifying the amount of time spent on each case. These records shall remain the property of the Provider. The Provider may maintain the records in a manner that insures confidentiality to Service recipients; however, it shall provide full disclosure of identities to the City's auditor if so requested. 6. DISCRIMINATION. The Provider agrees not to discriminate in providing Services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 7. CANCELLATION. This Agreement may be cancelled by either party at any time, with or withaut cause, upon thirty (30) days' written notice, delivered by mail or in person, to the other party. In that case, the City shall pay only for those Services rendered in accordance with this Agreement before the termination date. 8. INSURANCE. The Provider agrees that it will, at all times during the term of this Agreement, have and keep in force a general liability insurance policy with coverage in the amount of at least $1,000,000 per occurrence for bodily injury, and $1,000,000 per occurrence for property damage. The policy shall name the City as an additional insured and provide that it shall be primary and non- -2- contributory coverage for a lass arising from services provided pursuant to this agreement. A certificate of insurance will be provided to the Gity before Services ar� rendered under this Agreement. 9. UNSPECIFIED SERVICES. The City will honor no claim for Services not specified in this Agreement. 10.ENTIRE AGREEMENT. The entire agreement of the parties is contained in this document. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. Any alterations, amendments, deletions or waivers of any provisions of this Agreement shall be valid only when placed in writing and signed by both parties. 11.INDEPENDENT CONTRACTOR. Nothing in this Agreement is intended, nor shall be construed, to create the relationship of partners, or employer/employee between the Parties. The Provider, its officers, agents, employees, and volunteers are, and shall remain for all purposes and services under this Agreement, independent contractars. Dated: CITY OF GOLDEN VALLEY By: Mayor And: City Manager Dated: SOJOURNER PROJECT, INC. By: Executive Director And: Finance Manager 000090/480568/1559101 2 -3- C1�� t�� Police Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. R. Authorization to Sign Agreement with City of Robbinsdale for Animal Impound Services Prepared By Nathan R. Gove, Commander Summary The City of Robbinsdale made a request for a proposal to enter into an agreement for animal impound services as their current facility (Camden Animal Hospital) would no longer provide service beginning lanuary 1, 2013. Staff reviewed our facility resources and determined that we could accommodate the number of animals impounded on a yearly basis by the City of Robbinsdale. A proposal was sent and accepted by Robbinsdale. The proposal charges Robbinsdale a recurring monthly fee of$150 in addition to any boarding or veterinary fees. Attachments • Agreement for Animal Pound Services with City of Robbinsdale (8 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Agreement for Animal Impound Services with the City of Robbinsdale. AGREEMENT FOR ANIMAL POUND SERVICES THIS AGREEMENT is made on the day of December, 2012 between the City of Robbinsdale, a Minnesota municipal corporation ("Robbinsdale"), and City of Golden Valley, a Minnesota municipal corporation ("Golden Valley"). RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units, by an agreement approved by the governing bodies, to jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, Robbinsdale is desirous of contracting with Golden Valley for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant with the Robbinsdale City Code of Ordinances by officials of Robbinsdale; and WHEREAS, Robbinsdale's existing Animal Pound Contract with the Camden Pe# Hospital expires on December 31, 2012, and the Camden Pet Hospital is no longer able to provide the required services to Robbinsdale; and WHEREAS, after contacting numerous facilities and reviewing various options as set forth in the November 20, 2012 Council Memo incorporated herein and attached hereto as Exhibit A, Robbinsdale selected the animal impound services of Golden Valley for the ealendar year 2013 based on Gotden Valley's availability and fees; and WHEREAS, the Golden Valley proposal is incorporated herein and attached to this Agreement as Exhibit B; and WHEREAS, the parties wish to set forth in writing the terms and conditions of this Agreement. NOW, THEREFQRE, based on the mutual promises and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated by reference as if fully set forth herein. 2. Animal Pound. The pound services provided to Robbinsdale by Golden Valley pursuant to this Agreement shall be provided at the Golden Valley Public Works facility located at Highway 169 and 10th Avenue North in Golden Valley, Minnesota. Any location change must be approved in writing in advance by Robbinsdale. 3. Scope of Work. The Scope of the Work is set forth in Golden Valley's proposal dated October 30, 2012, which is attached to this Agreement as Exhibit B, and the following requirements shall also be included: 1 (a) Golden Valley shall make available to Robbinsdale the plastic bags required for the freezer storage of DOA Animals; and (b) The provisions contained in Exhibit B shall also apply to dangerous and potentially dangerous dogs, and Golden Valley agrees to work cooperatively with Robbinsdale to administer the Robbinsdale City Code of Ordinances and the state law requirements related tv such dogs; and (c) Robbinsdale sets a cap of $500 for medical care deemed immediately necessary when the owner of the injured animal is unknown as set forth in the section on Injured Animals in Exhibit B; and (d) Any other service mutually agreed upon in advance by the parties (Exhibit B and (a)-(d) collectively hereinafter "Work"). 4. Standards. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for services of the like kind. 5. Term. The term of this Agreement is from January 1, 2013 to December 31, 2013. 6. Compensation for Services. a. Fees. Robbinsdale agrees to pay Golden Valley according to the fees set forth in Exhibit B, except that the $50/animal impound fee will not be charged to Robbinsdale. b. Method of Payment. Robbinsdale shall pay Golden Valley on a monthly basis upon receipt of an invoice from Golden Valley. All invoices submitted for payment must be in compliance with state law. c. Compensation for Additional Services and Expenses. Any additional services or expenses not provided for in this Agreement must be mutually agreed upon in writing in advance by the parties. 7. Data Practices. The parties agree this this Agreement and any information provided to the parties through the provision of services under this Agreement is subject to and shall be administered in accordance with Minnesota Statutes, Chapter 13. The parties agree to work cooperatively with each other to timely respond to any request for data pursuant to Minnesota Statutes, Chapter 13. 8. Records. Golden Valley agrees to maintain the records deemed necessary by Robbinsdale to insure that the Work is provided as represented by Golden Valley, and to make such records available to Robbinsdale for the purposes set forth in this Agreement and to either the legislative or state auditor, as appropriate, pursuant to state law. 9. Termination. This Agreement may be terminated by either party at any time with or without cause, upon thirty days written notice as provided in paragraph 18 2 herein. In such instance, Robbinsdale shall only pay those fees rendered in accordance with this Agreement before the termination date. 10. Subcontracts or Assiqnments. Golden Valley shall not enter into subcontracts or assignments for services provided under this Agreement, except as noted in Exhibit B, without the express written consent of the City. 11. Independent Contract. No statement herein shall be construed so as to find that any employee, agent, assignee, or subcontractor of Golden Valley is an employee of Robbinsdale. Robbinsdale shall not assume any liability and shall not be responsible for the direct payment of any of salary, wage, workers' compensation, income tax withholding and health insurance or any other type of compensation ta any Golden Valley employee, agent, assignee, or subcontractor. 12. Services Not Provided For. No claim #or services furnished by Golden Valley not specifically provided for herein or approved by Robbinsdale in writing in advance shall be honored by Robbinsdale. 13. Compliance with Law. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 14. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 15. Indemnification. Robbinsdale agrees to defend, indemnify and hold harmless Golden Valley, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Robbinsdale's perFormance of the duties required under this Agreement. Golden Valley agrees to defend, indemnify and hold harmless Robbinsdale, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Golden Valley's performance of the duties required under this Agreement. 16. Insurance. Golden Valley shall carry comprehensive general liability insurance and public officials' insurance in the amount of at least $300,000 to any claimant and $1,000,000 for any number of claims arising out of a single occurrence. Golden Valley shall have Robbinsdale named as an additional insured, and provide a certificate of said insurance. Golden Valley shall carry Worker's Compensation Insurance as required by state law and will provide a certificate of said insurance to Robbinsdale. 17. Entire Aqreement. 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 3 valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 18. Notices. All notices required by this Agreement shall be in written form and shall be deemed delivered upon its receipt by the Chief of Police of either party. Notice may be made by personal delivery, mail or facsimi(e. 19. Governinq Law. This Agreement shall be controlled by the laws of the State of Minnesota. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisians of this Agreement. 21. Counterparts. This agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF ROBBINSDALE By; Its: Mayor By: Its: City Manager CITY OF GOLDEN VALLEY By: Its: Mayor By: Its: City Manager 4 Cit� �rl' IZul�lriir�tl��lc� 'I'o: Mayor a�id City Cc�uncil Frarr�: Maxcia Grick, City.M�u7a�ex Date: November 20, 2Q12 R�: New Animai Impound C�ntr�ct I3ac rpund F'or sev�ral years the police department has cantraeted�vith Camd.en Pet I3aspital (CPY-�) far the baardin�; and care o£animals impounded by the City af Robbinsda:[e. I-�awever, on 9/14/2012, CPF� infaxmed the palice dcpartrnent that it would be unable to renew our cantract, which expir�s on 12/31/20l 2, du�to a remodeling of their facality w�.�ch resulted in tess space with which ta accam�nadate impounded animals. Anal�is/Conclusion: The police department has been aatively seeking an altsrnative far thc city's a��iznal needs, `I'hou�h most facilities contaated hava 1�een unable or unwilling to acevmmodate aur animal needs, the department fee�s it has found a viable az�d less expensivc;alternative through�he City af Golden Vall�y, which boards and cares 1'or its impounded animals a1 a facilzty run by the Golden ValIey polzce �eparkment at its city public warlcs location (��wy 169 and 10`" Street). I,isted below is a breal<down of fees, �'or comparison this breakdown also inclucles the anly other, but more costly, altc�rnative of PUPS (�n animal contarnment f'acility lc�cated in Maple C`n•av�an� aperated throu�h a consortiurn of multiple member citics). �'ees', Cam��n Gsilden��alley PT��S C?ne-Tim�Initiati�n Fee 0 0 -- $]i,U4� Axu�ual Maintenance Fee $4,500 $1,800 T � $$,000 Dail °Boardin Fae �23 � $2Q $28 Euthauization Fee � �5� `�102 _ $80 Caxaass Dis osal�'Ee. _$27_�_.__ $9 � Variable All fe�s associated with an�nimal pound would continue ta be paid by an owner at the Itobb�nsdale Police Station before the animal releASC. The r.elease wauld then oacur in Goldez� Valley during normal business hotus, Recaimxaaaudatian B� rnotion,auth�rice the Mayar and �ity :'vlana�er ta execute a one-year trial contract with the Galden Valley Police Deparkment for animal impound services, ��'j��,�,.,�,.,,.��J`"..,`.'-�...._..'_`� ConcL�rrence: Marcia Glick,Ciry Manager v'^,v�rv.n,_." 7�.,�i C' �.�»._ Steven Srnith ' . , �2�� MEMORANDUM Police Department ��,��„�Y�� 763-593-8079/FAX 763-593-8098 ��'��Y=��$�� police@goldenvalleymn.gov � DATE: October 30, 2012 T0: Chief Steve Smith FROM: Commander Nate Gove &Joanne Paul, Crime Analyst & Support Services Supv. SUBJECT: Robbinsdale Animal Impound Proposal CC: Chief Stacy Carlson The Golden Valley Police Department is interested in providing animal impound services to the Robbinsdale Police Department. Below are the costs and information associated with this service. • Administrative Costs - $150/month • Boarding Rate for impounded dogs and cats - $20 per day/animal • Rate for euthanization - $102 (at vet office) and $175 (at our kennel) • Rate for adoption — (boarding fees only) • Rate for disposal of DOA animals - $9/animal • Vet care— billed directly to RPD from the city vet (All About Pets) We will provide access 24/7 to our impound facility to the Robbinsdale Police Department to allow for animals to be impounded at any time. Our facility is not open to the public, but appointments can be arranged by contacting the front office of our department. Once an animal is impounded, we will scan the animal for microchips and contact your department if owner information is available. If the owner is unknown, we will post pictures of the animal on our city website and the Golden Valley Humane Society's website in an effort to locate the owner. If after 10 days (according to current Robbinsdale City Code), the owner has not been located, the animal will be brought to the Humane Society for adoption. We are asking the City of Robbinsdale to consider changing their city code to reflect impounded animals be kept for seven (7) rather than ten (10) days for the purpose of impounded animals. 7�3-5�3-�� x763-593-�109 �� 763-593-396$ w��rvv.gc�lden�rall��rmr�.�� Our impound facility is not staffed 24/7. Community Service Officers check on animals at least 3 times each day, ensuring they have food/water, clean the kennels and exercise the animals (if appropriate). Impound Forms Robbinsdale Police Department will be required to provide their impound forms in triplicate. One form will be left on the kennel with the animal, one copy brought to the front desk of GVPD, and one copy retained by RPD. Release of Imnounded Animals The owner of an impounded animal must provide a release from the Robbinsdale Police Department, or RPD must contact our front desk giving permission to release an animal. The owner of the animal must pay the associated fees at the Golden Valley Police Department before the animal is released. Release of animals must be done by appointment to ensure that we have staff available for the release. Iniured Animals At this time, our department utilizes All About Pets as our city vet. If an animal is injured and in need of veterinary care, a GV CSO will contact the Robbinsdale Police Department for permission to take the animal to our city vet for care. Robbinsdale Police Department will be billed for this service directly from our veterinarian. ( FYI -for Golden Valley animals,we have a cap of$500 with our vet if the medical care is deemed immediately necessary and the owner is unknown). Billin Our department will invoice the City of Robbinsdale once a month for any unpaid fees. We will waive the impound fees and only charge the boarding fees for those animals that are brought to the humane society and/or euthanized. Quarantined Animals We are equipped to house quarantined animals for up to 14 days per Robbinsdale City Code. If required by Robbinsdale PD, we can take the dog to our city vet for a check-up/clearance and the veterinarian will bill the City of Robbinsdale directly. DOA Animals DOA animals should be placed in a plastic bag and put into the freezer in our impound facility. An impound form should be filled out including a description of the animal, any collars/tags and microchip information. Please do not hesitate to contact us if you have any questions or concerns. Thank you for the opportunity. /v • � ,,�. Nathan R. Gove Jo e M. Paul Commander Crime Analyst&Support Services Supervisor 763-593-8071 763-593-8058 n�ove@goldenvallevmn.�ov jpaul@�oldenvallevmn.�ov #.+l�t� {' 1.�� - 4„ � . �r " P rk n R cre tion De artment a a d � a r 763-512-2345/763-512-2344(fax) &$M�� a'�'�i.�tFi�kV�*t��+3��^,�'.+..?i^.:.s:�,^,w.3.x.�"'�-^' r .�'i..sik^ax�i'?w�.'."M'r� ��`�y3Lx:ilUm"t'Y9P��tlt!IIHq,kkYG��i�£ ... �' .....�iiUP,N4�ikAC.N u¢..ais.i._... ;."4�.,k�Th'i -a-s" . 4.-,.:-fi.��i�tii av-�6 . Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. S. Authorization to Sign Agreement with Hennepin County for Purchase of Soccer Goals Prepared By Rick Jacobson, Director of Park and Recreation Summary The City, in cooperation with Golden Valley Phoenix Soccer, applied for and was awarded $10,000 through the Hennepin County Youth Sports Grant Program. The grant money will be used to purchase soccer goals for use by the Park and Recreation Department and Golden Valley Phoenix Soccer at Perpich School, Lions and Wesley Parks. Attachment Agreement For Golden Valley Soccer Goals (8 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign Contract No: A121650, Agreement for Golden Valley Soccer Goals with Hennepin County for the purchase of soccer goals. Contract No: A121650 AGREEMENT FOR GOLDEN VALLEY SOCCER GOALS This Agreement is between the County of Hennepin, State of Minnesota("COUNTY"), A-2300 Government Center, Minneapolis, MN 55487, and the City of Golden Valley, 200 Brookview Parkway, Golden Valley, Mn 55426 ("LOCAL IJNIT QF GOVERNMENT "herein "LGU"). Recitals 1. Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes. 2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. 3. In 2Q 12, as part of the Hennepin Youth Sports Program, by Resolution No. 12-0444R 1, Hennepin County authorized an award of$10,000 to the LGU for soccer goals at Perpich School, Lions and Wesley Parks. NOW, THEREFORE, the parties hereto do hereby agree as follows: The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT The LGU agrees to complete and provide all necessary documentation for payment for the Praject described in Section 2 between January 1, 2013 and December 31, 2013. The COIINTY agrees to contribute, an amount not to exceed $10,000 to the LGU for the Project. 2. USE OF FUNDS The LGU shall use all funds received under this Agreement for construction of the Project in accordance with the application submitted by the LGU to the Minnesota Amateur Sports Commission. The application for the Project dated October 3, 2012 is on file with Hennepin County and this application is incorporated into this Agreement by this reference. The LGU shall be solely responsible for securing all additional funds needed for completion of the Project. The parties shall cooperatively and collaboratively develop Project marketing including but not limited to a permanent plaque or sign, news releases, public announcements, social media, video, civic opportunities, logos and community events. The LGU shall not unreasonably refuse or withhold participation from any COtJNTY initiated marketing project, plan or strategy. The LGU shall provide advance copy of the LGU's independently developed messaging and marketing materials regarding the Project to COUNTY for review and approval. COi1NTY may, in its sole discretion, reject any proposed marketing if COUNTY detertnines the proposed marketing does not reflect the spirit or intent of the Project, this grant or is otherwise contrary to COUNTY's best interests. Upon completion of the project, the LGU shall provide information, data, statistics and� other metrics�related to the project, facilities, participants and/or related activities, including but not limited to usage numbers, who is using the park, and what changes in usage were noted. This information shall be provided within one year af completion and on an annual basis for two years thereafter. 3. PAYMENT FOR SERVICES All funds shall be paid to LGU after COLINTY has agreed that tha Project is complete, demonstrated by a Certificate of Occupancy when applicable or an Affidavit of Project Completion (See Attachment A). In addition, The LGU shall submit invoices for Project expenses with a letter which will be furnished by the COUNTY (see Attachment B). If the total cost of the completed Project is less than the amount identified by the LGU in the budget the LGU submitted for the Project, the COUNTY's payment will be reduced based on a pro rata share of the difference between the budgeted amount and the actual amount. Payment shall be made directly to the LGU upon the presentation of a complete claim in the manner provided by law governing the COUNTY'S payment of claims and/or invoices. Payment shall be made within forty-five (45) days from receipt of the invoice. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR LGU shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting LGU as the agent, representative, or employee of the COiJNTY for any purpose. LGU is and shall remain an independent LGU for all services performed under this Agreement. LGU shall secure at its own expense all 2 personnel required in performing services under this Agreement. Any personnel of LGU or other persons while engaged in the performance of any work or services required by LGU will have no contractual relationship with the COtJNTY and will not be considered employees of the COUNTY. The COLJNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law ar the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against LGU, its officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from a!I such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COLINTY, including, without limitation,tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 6, NON-DISCRIMINATION A. In accordance with the COLJNTY's policiss against discrimination, LGU agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION LGU agrees to defend, indemnify, and hold harmless the COtJNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of LGU, a subcontractor hired by the LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of LGU to perform any obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the LGUs of any statutary or common law defenses, immunities, or limits on liability. The LGUs cannot be required to pay an behalf of themselves and CQUNTY to a third party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable ta any one party. The limits of liability for COUNTY and LGUs may not be added together to determine the maximum amount of liability for LGUs. 3 8. DATA PRACTICES LGU, its officers, agents, owners, partners, employees, volunteers and subLGUs shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),�the Health Insurance Portability and Accountability Act and implementing regulatians, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If LGU creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COLJNTY pursuant to this Agreement,then LGU must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. LGU agrees to defend, indemnify and hold harmless the COi1NTY, its officials, officers, agents, employees, and volunteers from any claims resulting from LGU's officers', agents', owners', partners', employees', volunteers', assignees' or subLGUs' unlawful disclosure and/or use of such pratected data, or other noncompliance with the requirements of this section. LGU agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS—AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees that the COiJNTY, the State Auditor, the Legislative Auditor or any Qf their authorized � representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of LGU and involve transactions relating to this Agreement. LGU shall maintain these materials and allow access during the period of this Agreement and for six(6)years after its termination or cancellation. 10. SUCCESSORS SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its partners, successors, assigns and legal representatives to the COiJNTY for all covenants, agreements and obligations contained in the contract documents. B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COiJNTY. A consent to assign � shall be subject to such conditions and provisions as the COiJNTY may deem necessary, accomplished by execution of a form prepared by the COIINTY and signed by LGU, the assignee and the COLJNTY. Permission to assign, however, shall under no circumstances relieve LGU of its liabilities and obligatians under the Agreement. 4 C. LGU may subcontract for the services to be performed pursuant to this contract. Permission to subcontract, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. Further, LGU shall be fully responsible for the acts, omissions, and failure of its subLGUs in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subLGUs. Contracts between LGU and each subLGU shall require that the subLGU's services be performed in accordance with the terms and conditions specified. LGU shall make contracts between LGU and subLGUs available upan request. 11. MERGER AND MODIFICATION A. � It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are� referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement sha[I prevaii. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as�an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If LGU fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless LGU's default is excused by the COLJNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COiJNTY to delay payment until LGU's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written natice to LGU. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be canceled with or without cause by either party upon thirty(30) day written notice. If COUNTY cancels this Agreement without cause 5 upon thirty days written notice, COi1NTY shall pay the LGU reasonable expenses incurred prior to the notice of cancellation. E. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT PROCESSING AND ADMINISTRATION The Minnesota Amateur Sports Commission ("MASC") will serve as staff liaison in the grant process administration. Responsibilities will include but not be limited to: forwarding all required grant processing documents to LGU; and forwarding apprapriate documents to CQLINTY for processing and/or execution (i.e., grant contract and invoice requests). MASC will serve as contact for grant administration and/or processing inquiries. � Jan Craig Svidron, or successor, shall manage this Agreement on behalf of the COUNTY and serve as contract liaison between the COLJNTY and LGU. l4. CfJMPLIANCE AND NON-DEBARMENT CERTIFICATION � A. LGU shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, LGU shall comply with all applicable conditions of the specific referenced or attached grant. C. LGU certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. I5. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the � originating Department at the address given in the opening paragraph of the Agreement. Notice to LGU shall be sent to the address stated in the opening paragraph of the Agreement. 6 l6. PROMOTIONAL LITERATURE LGU agrees that the terms "Hennepin County"�or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COtJNTY. 17. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 7 LGU AUTHORIZATION *LGU: By: Its: And: Its: organized under: Statutory Option A Option B Charter *LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. COUNTY ADMINISTRATOR APPROVAL COUNTY OF HENNEPIN Reviewed by the Gounty STATE OF MINNESOTA Attorney's Office By: County Administrator Department Director of Date: Date: �� M r Police Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 Agenda Item 3. T. Authorization to Sign Contract with Visual Pro for Police 360 Video System Prepared By Stacy Carlson, Chief of Police Summary In 2008, the Police Department purchased their first in-squad video system for all patrol cars (10) and for recoding in the boaking and interview rooms. The system, both hardware and software, has become unreliable with down time and increased warranty costs. Alternatives were researched with demonstrations of many systems and staff has identified the Panasonic Arbitrator 360 as the best option for the police department. This system has proven it is reliable in the industry and is used by other local police departments. The robust reporting and video management will give staff more capabilities. The 2013-2017 Equipment Replacement Capital Improvement Program includes$50,000 for the purchase of a new system (V&E-092, page 44). Equipment/Service Cost Vendor In-Car Components $61,393.24 Visual Pro Booking/Interview 25,845.56 Visual Pro TOTAL $87,238.80 Additional costs will include a server, wiring and access points. All wilf be purchased from the State Contract or from LOGIS for the setup. The overage will come from the Equipment Replacement Fund. Recommended Action Motion to authorize the City Manager to sign the contract with Visual Pro for the purchase of Panasonic Arbitrator 360 video system for$87,238.80.