02-07-23 City Council AgendaFebruary 7, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A. Pledge of Allegiance and Land Acknowledgement
1B. Roll Call
1C. Annual Discover St. Louis Park Presentation
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A. Approval of City Council Minutes:
3A.1. Regular Meeting Minutes of 2022 - May 17, June 7 and 21, July 5 and 19, August 3 and 16,
September 6 and 20, October 6 and 18, and November 1
3A.2. Regular Meeting Minutes of 2023 - January 17
3B. Approval of City Check Registers
3C. Licenses:
3C.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American
Legion Post 523
3D. Boards, Commissions, and Task Forces:
3D.1. Police Employment, Accountability, & Community Engagement (PEACE) Commission
Appointment
CITY COUNCIL REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options for
attending, participating, and commenting. The public can make statements in this meeting during
public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options:
Members of the public may attend this meeting by watching on cable channel 16, streaming on
CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2469 584
4384. Members of the public wishing to address the Council remotely have two options:
Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment
sections.
Via phone - Call 1-415-655-0001 and enter meeting code 2469 584 4384 . Press *3 to raise your
hand during public comment sections.
City of Golden Valley City Council Regular Meeting February 7, 2023 — 6:30 PM
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3E.Bids, Quotes, and Contracts:
3E.1.Approve Purchase of Gate Valves and Parts from Boys Water Products
3E.2.Authorize the City Manager to Sign an Election Equipment Lease Agreement with Hennepin
County in a Form Approved by the City Attorney
3E.3.Authorize Subscription Agreement with Cartegraph Systems LLC
3E.4.Approve Professional Services Agreement for Electrical Inspections Services with Stephen
Tokle Inspections, Inc.
3E.5.Approve Agreement with Traverse des Sioux Garden Center and Landscape for the Medley
Park Stormwater Restoration Project No. 22-18
3E.6.Approve 2022-2024 Labor Agreement with Community Service Officers Union (LELS Local #
525)
3E.7.Approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27)
3F.Authorize Filing Extension for Harold Avenue Addition Plat
3G.Receive and File the City of Golden Valley's 2023 Pyramid of Success (Council Goals)
3H.Adopt Resolution No. 23-007 Approving Amendment to Compensation and Classification
Tables
4.Public Hearing
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A.Second Consideration of Salt Storage Ordinance No. 757
6B.Second Consideration of Updated Stormwater Management Ordinance No. 758
6C.Review of Council Calendar
6D.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting February 7, 2023 — 6:30 PM
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
1C. Annual Discover St. Louis Park Presentation
Prepared By
Timothy Cruikshank, City Manager
Summary
Becky Bakken, President and CEO of Discover St. Louis Park will be in attendance to present the
Council with a year-end update for Discover St. Louis Park.
Legal Considerations
Legal review was not required for this item.
Equity Considerations
Equity review was not required for this item.
Recommended Action
No action is required on this item.
Supporting Documents
DSLP YE Presentation 2022
2022 Year-End Business Development Summary
2022 Year-End Marketing Report
3
11
Around here, life is SWEET!
4
TWO GREAT CITIES.
ONE SWEET DESTINATION!
5
A Destination Marketing Organization
Representing St. Louis Park
and Golden Valley
Mission:
To enhance St. Louis Park and Golden Valley’s economy, Image and quality of
life by promoting the area as a prime meeting and visitor destination.
Vision:
To be the sweetest destination in Minnesota!
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M.S. 469.190 Local Lodging Tax
Ninety-five percent of the gross proceeds from
any tax imposed under subdivision 1 shall be
used by the statutory or home rule charter city
or town to fund a local convention or tourism
bureau for the purpose of marketing and
promoting the city or town
as a tourist or convention center.
Minnesota State Statute
Discover St. Louis Park is a non-profit organization 501 (c) 6,
governed by a board of directors.
7
Tourism in Minnesota -2019
2019 = Banner Year
$16.6 billion in gross sales a year
275,000 Minnesota jobs
6.4 billion in wages
18% of all MN sales taxes
To fund roads, parks and trails, bridges
The average MN household would owe an
additional $625 without the tax revenue
generated by travel and tourism
11 billion or 70% of all MN tourism revenues were in the metro region.
8
Tourism in Minnesota -2021
Pandemic Economic Impact
$11.7 billion in gross sales a year
Down 4.0 billion
205,000 Minnesota jobs
Down 70,000 jobs
4.9 billion in wages
Down 1.5 billion in wages
12% of all MN sales taxes
Down 4% of all MN sales taxes
9
Tourism in Minnesota -2020
2020 Travel Spending in MN decreased 8.6 billion
(Nearly half of 2019)
Hospitality Employment decreased 73,000 (-27%)
Hospitality Employment Losses by Sector (2020)
•Food & Drink
•Accommodations
•Arts, Entertainment, Recreation
•Total Private Sector (for comparison)
Leisure travel has led the way to recovery.
Business travel has been much slower to return.
-23%
-37%
-36%
-7%
10
Nine Hotel Properties
We track the performance of Discover St. Louis Park hotels on a monthly basis:
•AC Hotel by Marriott West End
•Courtyard by Marriott Minneapolis West
•DoubleTree by Hilton Minneapolis-Park Place
•Holiday Inn Express-Golden Valley
•Homewood Suites by Hilton West End
•Minneapolis Marriott West
•Ramada Minneapolis Golden Valley
•SpringHill Suites by Marriott-Minneapolis West
•TownePlace Suites Minneapolis West
8 11
Discover St. Louis Park –Lodging Tax
St. Louis Park and Golden Valley Combined
0.00
20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
140,000.00
160,000.00
2019 2020 2021 2022
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Occupancy –Monthly Comparison
13
Year End Occupancy 2022
77%74%72%72%
68%68%66%66%64%64%
Minneapolis
Denver Total US Indianapolis Chicago Milwaukee Kansas City Louisville Columbus St. Louis Minneapolis
14
Year End Occupancy 2019
77%74%72%72%
68%68%66%66%64%64%
Minneapolis
Denver Chicago Indianapolis Milwaukee Minneapolis Columbus Total US St. Louis Kansas City Louisville
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DSLP Lodging Tax Summary
$357,589
$860,761
$978,573
$1,226,779 $1,268,815
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
2016 2017 2018 2019 2020 2021 2022
+32,538 +117,812
$645,101
$1,115,862
-911,226 +470,761+207,389 +42,036 +287,512
Est.
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•Tourism generated $37 million in
lodging spending in 2022 and another
$149 million in visitor spending
throughout our communities.
•Tourism generates vitality. It employs
a high volume of people and supports
existing businesses, while stimulating
the development of new business and
event opportunity.
15
Economic Impact 2022
25%
20%
16%
16%
16%
7%
Travel Spending by Sector
Food &
Beverage
Lodging
Retail
Transportation
Recreation
Other
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Questions?
19
2022 Year-End Business Development Summary
January 1 – December 31, 2022
LEAD
COUNT
ROOM
NIGHTS
Discover St. Louis Park –
Internal/Partnership (IDSS) 346 26,810
CVENT - Partnership 59 32,118
MN Sports & Events Partnership 32 297,039
TOTAL 437 1,260,037
CVENT Yearly RFP Activity
YEAR LEAD
COUNT
ROOM
NIGHTS
2022 59 32,118
2021 12 6,798
2020 29 14,335
2019 42 21,915
Event Activity
EVENT
MinnesoThai
Slavic Experience
MyHockey
Quadball Tournament
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2022 Year-End Marketing Report
Website
Audience - 2022 performance vs 2021 (and 2019)
o 94,543 users vs 31,130 – 204% increaseover last year (135% better than 2019))
o 110,232 sessions vs 35,420 – 211% increase (139% over 2019)
o 228,041 pageviews vs 54,797 – 316% increase (217% over 2019)
o 1:18 avg. session duration vs :53 – 47% increase (58% over 2019)
o 2.08 pages per session vs 1.54 – 35% increase (32% over 2019)
o Bounce rate is down 5% (down 8% from 2019)
Acquisition
o 43% Organic search
o 25% Email
o 15% Direct
Behavior (Most visited webpages)
o Home page – 10% (21,197 pageviews)
o Experiences, Arts & Entertainment – 9% (19,095 pageviews)
o Events, MinnesoThai Street Food Festival – 4.2% (9,235 pageviews)
o Experiences, Adam Turman Artventure – 3.9% (8,574 pageviews)
o Other top pages include: Restaurants, Spectator Sports, Perfect Patio Places (blog),
Event Calendar, July 4th Fireworks, Schaper Park, Walkable Neighborhoods – The West
End, and Live Music. (Average time on page is over 1:30 and often higher.)
Special Offers has had 1,619 visitors with an average time on page of 3:13.
Social Media
Instagram – 1,710 followers, 12% increase over 2021
o 72.8% women, 27.2% men
o 33.2% St. Louis Park, 10.1% Minneapolis, 3.2% Minnetonka, 2.1% Golden Valley, 2% Edina
o Top 10 Posts
Feb 8 – La Bodega Taco Bar is now open – 931 reached
June 22 – Check out all the cool AT merch you can win (reel) – 926 reached
June 27 – Meet Oscar the Oriole (reel) – 3,319 reached
July 6 – Meet Paul & Babe at Brookview (reel) – 2,896 reached
Aug 9 – Urban Wok grand opening – 820 reached
Sept 12 – MinnesoThai Street Food Festival is this weekend – 849
Sept 16 - MinnesoThai Street Food Festival starts tomorrow – 876
Sept 20 – Sato Sushi kosher restaurant now open – 807 reached
Nov 9 – Head to the reimagined Texa-Tonka Shopping Center – 956 reached
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Facebook – 9,612 followers, 2% increase over 2021
o 69.1% women, 30.9% men
o 13.5% St. Louis Park, 11.7% Minneapolis, 3.1% St. Paul, 2.3% Chicago, 2.1% Minnetonka,
1.7% Winnipeg, 1.4% Duluth
o Top 10 Posts
April 6 – Hold the Wheat is now open – 4,322 reached
June 1 – Introducing the Art of Adam Turman Artventure – 19,315 reached
June 2 – Meet Lucette the Lumberjill – 4,039 reached
June 15 –Week 2 Winner – 3,499 reached
June 27 – Oscar the Oriole – 3,319 reached
July 6 – Week 5 Winner – 2,811 reached
July 6 – Meet Paul and Babe – 2,896 reached
July 11 – Meet Jerry the Filmmaker – 2,700 reached
Aug 29 – Last week to explore the Artventure – 3,520 reached
Nov 9 – Head to the reimagined Texa-Tonka Shopping Center – 3,795 reached
Twitter – 1,285 followers, same as 2021
o Top 8 Tweets
May 17 – World Baking Day / Honey & Rye – 1,666 impressions
June 27– Meet Oscar the Oriole – 2,132 impressions
Aug 1 – Meet Billie the Barred Owl – 1,497 impressions
Aug22 – Only 2 weeks left for Adam Turman Artventure – 1,526 impressions
Sept 20 – Sato Sushi & American Fusion is now open – 1,425 impressions
Sept 12 – MinnesoThai is this weekend – 2,082 impressions
Oct 18 – TCFF opens Thursday – 1,360 impressions
Nov 9 – Head to the re-imagined Texa-Tonka – 1,501 impressions
TikTok – New this winter, 5 followers
o Currently have 8 TikTok videos with 16 more to come. We are working on growing this
channel.
Print Advertising
2022 Explore Minnesota Official Visitors Guide
2022 Minneapolis Official Visitors Guide – CVB special section
Minnesota Monthly
o Jan/Feb Winter Wonders, March April Spring Bucket List, Ultimate Travel Guide, and
Nov/Dec Winter Fun Destinations
Minnesota Meetings & Events
o Summer & Fall, with bonus leaderboard ads on digital versions; featured vendor in
newsletter, May through December
Twin Cities Business
o Feb/March – TCB Resource Guide; Jun/July – Venue Guide
Radio
70 spots (:30 sec) on KFAN, March 23 – May 6: 392,000 impressions
70 spots (:30 sec) on KOOL 108 (broadcast + streaming), Nov 21 – Dec 23: 604,000 impressions
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Billboards
Duluth: Feb 14 – April 10, 2
nd most prominent board at entrance to tourist district
o Two Great Cities, One Sweet Spot messaging
o 242,383 impressions/week, 1.9 million total impressions
Fargo/Moorhead: Feb 1 – March 31, on I-94 as you head toward the Twin Cities
o Two Great Cities, One Sweet Spot messaging
o 176,295 impressions/week, 1.4 million total impressions
Duluth: Aug 1 – Aug 28, I-35 at 4823 W Superior
o Adam Turman Artventure
o 158,508 impressions/week, 634,032 total impressions
Eblasts
Women’s Final Four NCAA Basketball Campaign) – March 29
o 40K emails each to Stanford, UConn, Louisville and South Carolina
o Open rates of 21.08% to 25.37% and CTR’s (click thru rate) of 2.48 – 3.29%
o Over 4,500 website visitors
Adam Turman Artventure # 1 – June 1
o 300K recipients in greater MN, ND, SD and IA – 17.24% open rate, 2.99% CTR
o 30K recipients in the metro area – 19.83% open rate, 2.89% CTR
o Just under 10,000 website visitors
Adam Turman Artvenure #2 – July 20
o 200K recipients in greater MN, ND, SD and IA – 21.5% open rate, 2.1% CTR
o 4,200 website visitors
Event Email, MinnesoThai and Twin Cities Film Fest – Sept 8
o 100K recipients in greater MN (Duluth, St. Cloud, Moorhead, Rochester, Mankato)
o 24% open rate, 2.17% CTR; over 2,000 website visitors
A Sweet Winter Getaway – Dec 6
o 150K recipients – ND, SD, IA and WI
o 19.7% open rate, 2.43% CTR; over 3,600 website visitors
Avg. open rate is 12-15% and avg. CTR is 1.75-2%.
Google DMO Program & Street View/360
Audited and updated/corrected Google listings for over 200 businesses in SLP and GV.
Virtual Google Business training webinar for local business owners in March and September.
Worked with Miles Partnership to create photos/street view tours/and 360-degree images of
popular locations in St. Louis Park & Golden Valley. Images were uploaded to Google profiles.
Influencers
Contracted with SHRPA, a platform that matches DMO’s with influencers
o 27 influencer itineraries have been created to date.
Worked with Explore MN Tourism to host an Accessible Travel Influencer – “Curb Free with Cory
Lee” – Cory visited Westwood Hills Nature Center and REM5 VR Lab with rave reviews. Cory has
37K followers on Facebook and 31.2K followers on Instagram.
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Print Projects
Updated DSLP “Map of Dining & Attractions.” Maps were distributed to all 9 hotels.
Placed framed QR codes at each hotel, as well as key locations (e.g., Rec Center, Brookview, City
Halls, Citizens Independent Bank) to drive people to our website.
o 185 scans to date
Adam Turman Artventure Display Advertising Campaign
Geo-fencing campaign: 966,000 impressions, .12% CTR (benchmark average is .03-.05%)
o 949 resulting visits: 360 hotel visits, 589 visits to character locations
StarTribune.com campaign: 400,000 impressions, .07 CTR
Website retargeting campaign: 140,000 impressions, .24% CTR
1,191 additional view-thru conversions (i.e., saw the ad, didn’t click, but went to website)
Adam Turman Artventure Media Coverage
Total Local TV Audience: 33,763 ●Total Online Audience: 1,288,475 ● Total Publicity Value: $104,702
Patch.com, June 2
Minnesota Parent, June 17 – homepage featured article (for 1 week) and then ongoing during
June, article in their newsletter to 30K subscribers
Sun Sailor (SLP paper) – June 23, print edition; June 29, website homepage feature
Sun Post (GV paper) – June 23, print edition; June 29, website homepage feature
WCCO Live Interview – June 24
CCX Media Interview, Part 1 – June 27
Star Tribune – June 28, featured on the front and back covers of the Variety section
CCX Media Interview, Part 2 – July 2
NewsBreak.com (national reach) – July 2
DailyAdvent.com (national reach) – July 9
KARE11 Interview – July 10
The Current – Aug 11
Adam Turman Artventure Promotions
From May 31 – Sept 5, Facebook reach was up 2300% (234,979), Instagram reach was up 2100%
(51,954). Profile visits were up 332.6% on Facebook and we picked up 132 new followers. On
Instagram profile visits were up 188.1% and we picked up 125 new followers.
Paid Facebook and Instagram advertising, July 15 – Sep 5: 846,544 impressions, 271,868 reached,
2,958 post engagements, 4,170 clicks, 2,115 website sessions.
City of SLP and City of GV made social media posts for us, plus SLP also posted on Nextdoor.
Quirky Minnesota Places, Twin Cities Kids Club, Access Hopkins and Minnesotan’s Spotlight on
the Arts shared our social media posts.
Emails were sent to area business owners to encourage participation.
Minneapolis Regional Chamber included an announcement in the Chamber Insider Newsletter
Posters in the community -SLP & GV libraries and area businesses – 87 QR code scans
Artventure slide at ShowPlace ICON Theatre shown before every movie for July & August.
Listed on Explore Minnesota Tourism Calendar of Events – under Arts & Theater Events
QR Codes on the Artventure characters were scanned 586 times by the end of the promotion.
That number is now up to 641 as the characters remain in the community.
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REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance
B.Roll Call
Present:Mayor Shep Harris, Council Members Gillian Rosenquist and Kimberly
Sanberg
Absent:Council Members Maurice Harris and Denise La Mere-Anderson
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources
Director Santelices, City Attorney Cisneros, Police Chief Green, Assistant
Police Chief White, Physical Development Director Nevinski,
Environmental Resources Supervisor Eckman, Planning Manager
Zimmerman, City Planner Campbell, Public Works Director Kieffer, and
City Clerk Schyma
C.Proclamation Recognizing the 50th Anniversary of LOGIS
City Manager Cruikshank presented an overview of the proclamation.
Chris Miller, Executive Director of LOGIS, was in attendance and spoke about the
partnership with Golden Valley through the years.
Motion by Rosenquist, Second by Sanberg to support a proclamation Recognizing the
50th Anniversary of LOGIS.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
D.Proclamation Recognizing National Public Works Week
Public Works Director Kieffer presented an overview of the proclamation.
May 17, 2022 –6:30 pm
Council Conference Room/Manager’s Conference Room
Hybrid Meeting
25
City of Golden Valley City Council Regular Meeting
May 17, 2022 – 6:30 pm
2
Motion by Rosenquist, Second by Sanberg to support a proclamation Recognizing May
15 through May 21, 2022 as Public Works Week.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
3.Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised:
removal of Items #3F1 – Adopt Resolution No. 22-050 Accepting Donation for Medley Park
Community Garden; #3F2 – Adopt Resolution No. 22-051 Accepting Tree Donation for
Brookview Park; #3F3 – Adopt Resolution No. 22-052 Accepting the Reducing Harm through
Collaborative Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad
Family Foundation Grant Agreement; and #3G – Approve Resolution No. 22-053 Adopting an
Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
A.Approval of City Council Meeting Minutes of April 19, 2022
B.Approval of Check Register
C. Licenses:
1.Grant Local Approval for a Gambling Premises Permit for St. Maron Church at
Schuller’s Tavern, Resolution No. 22-049
D.Boards, Commissions and Task Forces:
1.Receive and File Diversity, Equity, and Inclusion Commission Annual Report and
Work Plan
E.Bids, Quotes, and Contracts:
1.Approve Purchase of a Public Safety Generator from Advanced Power Services, Inc.
2.Approve Contract for the Joint Water Commission 24-Inch Gate Valve Project with
Valley Rich Co., Inc.
3.Approve Greenway Villas Public Improvement Project
A. Award Construction Contract with Schneider Excavating and Grading
B. Approve Professional Services Agreement for Construction Services with Short
Elliot Hendrickson, Inc. (SEH)
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City of Golden Valley City Council Regular Meeting
May 17, 2022 – 6:30 pm
3
4.Award Glenwood Avenue Watermain Rehabilitation Project #21-06 to Fer-Pal
Construction
5.Authorize Bassett Creek Watershed Management Commission Intern Agreement
6.Approve Contract with Lexipol, LLC for Law Enforcement Policy Manual Subscription
and Implementation
F.Grants and Donations:
1.Adopt Resolution No. 22-050 Accepting Donation for Medley Park Community
Garden
2.Adopt Resolution No. 22-051 Accepting Tree Donation for Brookview Park
3.Adopt Resolution No. 22-052 Accepting the Reducing Harm through Collaborative
Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad Family
Foundation Grant Agreement
G.Approve Resolution No. 22-053 Adopting an Official City of Golden Valley Land
Acknowledgement Policy, Statement, and Action Plan.
3. Items Removed From the Consent Agenda:
3F1. Adopt Resolution No. 22-050 Accepting Donation for Medley Park Community Garden
Council Members Rosenquist and Sanberg and Mayor Harris thanked staff, residents, H&R
Block, and One Good Deed for their work and funding for the Medley Park Community Garden.
Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 22-050 accepting the
donation from H&R Block and Nextdoor through the Golden Valley One Good Deed
organization for the addition of a new tool share shed, outdoor park furniture, planting tables,
and community garden hand tools for the new Golden Valley Community Garden at Medley
Park.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
3F2. Adopt Resolution No. 22-051 Accepting Tree Donation for Brookview Park
Council Member Sanberg thanked the Hansen family for the donation of a tree in Brookview
Park to honor Harley Ray Hanson.
Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 22-0051 accepting the
donation from the Hanson Family for the addition of a tree in Brookview Park to honor Harley
Ray Hanson.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
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City of Golden Valley City Council Regular Meeting
May 17, 2022 – 6:30 pm
4
3F3. Adopt Resolution No. 22-052 Accepting the Reducing Harm through Collaborative
Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad Family
Foundation Grant Agreement
Deputy City Manager Santelices presented the report.
Motion by Sanberg, Second by Rosenquist to approve the Pohlad Family Foundation Grant
Agreement in form approved by City Attorney.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
Motion by Sanberg, Second by Rosenquist to approve Resolution No. 22-052 accepting
Reducing Harm through Collaborative Solutions Grant from Pohlad Family Foundation.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
3G. Approve Resolution No. 22-053 Adopting an Official City of Golden Valley Land
Acknowledgement Policy, Statement, and Action Plan
Diversity, Equity, and Inclusion Commission Chair Joelle Allen and member Ruth Paradise
presented the report.
Motion by Rosenquist, Second by Sanberg to approve Resolution No. 22-053 adopting an
Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
4.Public Hearing
5.Old Business
A.Meadowbrook School P.U.D. No. 90, Amendment #5, 5300/5430 Glenwood Avenue South
1.Approve Ordinance Zoning Map Amendment, Ordinance No. 736
Planning Manager Zimmerman presented the report.
Motion by Rosenquist, Second by Sanberg to adopt Ordinance No. 736, Amending
the Zoning Map and Rezoning 5300 Glenwood from Office to Institutional -
Assembly (I-A).
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City of Golden Valley City Council Regular Meeting
May 17, 2022 – 6:30 pm
5
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist,
Sanberg. Opposed: N/A)
2.Approve Major P.U.D. Amendment, Ordinance No. 737
Planning Manager Zimmerman presented the report.
Motion by Sanberg, Second by Rosenquist to adopt Ordinance No. 737, Approval of
Major P.U.D. Amendment, Meadowbrook School P.U.D. No. 90, Amendment #6.
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist,
Sanberg. Opposed: N/A)
6.New Business
A.Appeal of Board of Zoning Appeals Decision – 2234 Lee Avenue North
City Planner Myles Campbell presented the report.
The Applicant, Miles Fiterman, and Architect Ryan Thuftedahl presented arguments in
favor of approval of variance request.
The Council discussed the irregular lot shape and frontage, setback, grading, impact on
surrounding neighbors, and the Planning Commission and Board of Zoning Appeals
findings. The Council further discussed other options available to meet the applicant’s
needs without requiring a variance or the smallest variance necessary to meet the
applicant’s needs.
Motion by Rosenquist, Second by Sanberg to deny the variance appeal for four feet over
the allowed maximum height of 28 feet to a total distance of 32 feet from average grade
at 2234 Lee Avenue North.
Motion carried 2-1.(In Favor: Rosenquist, Sanberg; Opposed: S. Harris)
B.
C.
Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:25 pm.
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City of Golden Valley City Council Regular Meeting
May 17, 2022 – 6:30 pm
6
Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
30
REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources
Director Santelices, City Attorney Cisneros, Police Chief Green, Assistant
Police Chief White, Acting Assistant Police Chief Sleavin, Equity and
Inclusion Manager Zackery, Planning Manager Zimmerman, City Planner
Campbell, Environmental Specialist Chirpich, Assistant City Engineer
Kakach, and City Clerk Schyma
C.Proclamation Honoring LGBTQ+ Month – June 1-30, 2022
City Manager Cruikshank presented an overview of the proclamation.
The Council discussed the history of the City’s Pride Festival and events that will be
happening this year to celebrate Pride month.
Motion by Sanberg, Second by M. Harris to support a proclamation honoring LGBTQ+
Month – June 1-30, 2022.
Motion carried 5-0.
D.Proclamation Observing June 19th as Juneteenth Freedom Day
June 7, 2022 –6:30 pm
Council Conference Room
Hybrid Meeting
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City of Golden Valley City Council Regular Meeting
June 7, 2022 – 6:30 pm
2
Equity and Inclusion Manager Zackery presented an overview of the proclamation and
what it means for Golden Valley. She also discussed Juneteenth celebrations that will be
happening this year in the city.
Motion by M. Harris, Second by La Mere-Anderson to support a proclamation observing
June 19th as Juneteenth Freedom Day.
Motion carried 5-0.
2.Additions and Corrections to Agenda
Motion by Sanberg, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3C3 - Approve New Multi-Family Rental Property License at The Xenia and
#3D9 - Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office.
Motion carried 5-0.
A.Approval of City Council Meeting Minutes – Regular Meetings of 2022 – January 4,
February 2 and 15, March 1 and 15, April 5, and May 3
B.Approval of Check Register
C. Licenses:
1.Grant Gambling License Exemption and Waiver of Notice Requirement – Sons of the
American Legion Post 523
2.Approve 2022-2023 Liquor License Renewals
3.Approve New Multi-Family Rental Property License at The Xenia
D.Bids, Quotes and Contracts:
1.Approve Professional Services Agreement with Quetica, LLC for the City Hall Boiler
Replacement Project #22-16
2.Authorize Agreement Amendment for Custodial Services with Stratus Building
Solutions
3.Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-15
with ISG
4.Award and Authorize Agreement for Winnetka Avenue Pedestrian Flasher Project
#10-15 Contract to Pember Companies, Inc.
5.Award and Authorize Contract for Miscellaneous Traffic Signal Modification Project
#22-12 to Killmer Electric
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City of Golden Valley City Council Regular Meeting
June 7, 2022 – 6:30 pm
3
6.Adopt Resolution No. 22-054 Requesting Variance from Standards for State Aid
Operations for Olson Memorial Frontage Road on Douglas Drive and Trunk Highway
55 Underpass Project
7.Approve Agreement with Police Assistants Chiefs Union (LELS Local #485)
8.Approve Proposed PERA Settlement Agreement
9.Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s
Office
E.Adopt Resolution No. 22-055 Entering into Host Site Agreement with Minnesota Pollution
Control Agency
F.Authorize First Amendment to the Agreement with the Center for Energy and
Environment to Perform Home Energy Squad Visits
3. Items Removed From the Consent Agenda:
3C3. Approve New Multi-Family Rental Property License at The Xenia
Planning Manager Zimmerman provided an update on this project and expected completion
date of late 2022.
Motion by M. Harris, Second by Sanberg to authorize the issuance of the multi-family rental
license through February 28, 2023.
Motion carried 5-0.
3D9. Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office
Assistant Police Chief White discussed the agreement, current staffing issues, and service call
delays that are a result of recent departures within the Police Department. She added that
recruitment is a top priority, and that leadership is trying to be creative as possible to address
these issues because a high level of service to the community is extremely important to the
officers in the department.
Police Chief Green and Acting Assistant Chief Sleavin added that all officers in the department
are doing the best they can to serve the community to the best of their ability.
Police Chief Green stated that leadership will continue to update the Council on staffing levels
during this difficult time.
Mayor Harris thanked the Police Department for their problem-solving efforts during this
serious situation. He further stated that the Police Department provides fabulous service to the
community and it is appreciated. He added that the department protects the community and
wants the officers in the department to know that the Council supports the Police Department.
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City of Golden Valley City Council Regular Meeting
June 7, 2022 – 6:30 pm
4
Council Member Sanberg wants to acknowledge the difficult working conditions that current
staff in the department are working through and appreciates their service to the community.
Motion by Rosenquist, Second by La Mere-Anderson to approve the Law Enforcement Services
Agreement with Hennepin County Sheriff’s Office.
Motion carried 5-0.
4.Public Hearing
A.Adopt Resolution No. 22-056 to accept the Municipal Separate Storm Sewer System
General Permit, Storm Water Pollution Prevention Program, 2021 Annual Report to the
Minnesota Pollution Control Agency
Environmental Specialist Chirpich presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-056 Issuing a
Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention
Program.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.Adopt Resolution No. 22-057, Outdoor Service Area Permit (OSA-1) to Allow for
Outdoor Dining at 7345 Country Club Drive
Planning Manager Zimmerman presented the staff report.
Mark Jacob and Paul Jacob, owners of Schuller’s Tavern, discussed the importance of this
permit and thanked the City for the opportunity to improve their business. They stated
that their goal is to create a very welcoming environment for customers and continue to
be a great partner with the surrounding neighborhood.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Steve Klucas, Landworks Inc., discussed the design for the patio.
The Council thanked the owners for their continued contributions to the community and
further investment in their business.
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City of Golden Valley City Council Regular Meeting
June 7, 2022 – 6:30 pm
5
Motion by M. Harris, Second by La Mere-Anderson to adopt Resolution No. 22-057,
Authorizing an Outdoor Service Area Permit to Allow Outdoor Dining at Schuller’s Tavern.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
C.Consideration of Preliminary Plan for Minor Subdivision at 7324 Harold Avenue North
City Planner Campbell presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
The Council asked for clarification about the potential traffic impact with this subdivision,
concerns about recent property maintenance issues at the site, and the long-term plans
for the properties.
Eugene Borodin, applicant and representative of CityLine Homes Inc., stated the long-
term plan is to sell these properties. He further discussed property maintenance at the
site.
Motion by M. Harris, Second by Sanberg to approve the Preliminary Plan for Minor
Subdivision at 7324 Harold Avenue North subject to the following conditions:
1. The applicant shall provide securities for the new 12-inch storm sewer pipe and
needed easements.
2. The City Attorney will determine if a title review is necessary prior to approval of
the Final Plat.
3. A park dedication fee of $4,440 shall be paid before release of the Final Plat.
Motion carried 5-0.
D.Adopt Ordinance No. 739, Zoning Code Text Amendment – Expanding Allowed
Temporary Mobile Retail and Service Uses
City Planner Campbell will present the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by Rosenquist, Second by La Mere-Anderson to adopt Ordinance No. 739,
Amending Section 113-31: Temporary Uses in order to establish allowed mobile retail and
service uses.
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City of Golden Valley City Council Regular Meeting
June 7, 2022 – 6:30 pm
6
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-058, Authorizing
Summary Publication of Ordinance No. 739.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
5.Old Business
6.New Business
A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:07 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
36
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 7:20 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
and Gillian Rosenquist
Absent:Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Director Green, Physical
Development Director Nevinski, City Planner Campbell, and City Clerk Schyma
Police Director Green provided an update on recent crime trends in the metro area.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 4-0.
3.Consent Agenda
Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised:
removal of Item #3E - Adopt Resolution No. 22-060 Approving Appointment of Election Judges
and Absentee Ballot Board for Primary and General Election.
Motion carried 4-0.
June 21, 2022 –6:30 pm
Council Conference Room
Hybrid Meeting
37
City of Golden Valley City Council Regular Meeting
June 21, 2022 – 6:30 pm
2
A.Approval of City Council Meeting Minutes:
-June 7, 2022, Special Closed Executive Session
-June 7, 2022, Special Meeting with Closed Executive Session
B.Approval of Check Register
C. Licenses:
1.Approve New Off Sale Liquor License – Golden Valley Country Club, 7001 Golden
Valley Road
2.Approve New On-Sale Beer and Wine License – Game Show Battle Rooms, 8836
7th Avenue North
D.Bids, Quotes and Contracts:
1.Approve Resolution No. 22-059 Authorizing Master Partnership Contract
Between the City of Golden Valley and the Minnesota Department of
Transportation
E.Adopt Resolution No. 22-060 Approving Appointment of Election Judges and Absentee
Ballot Board for Primary and General Election
F.Approve Filing Extension for Final Plat for Sunnyridge Third Addition
G.Approve Resolution No. 22-061 Authorizing Temporary Modification of PTO/Vacation
Maximum Accrual Cap for Sworn Peace Officers
3. Items Removed From the Consent Agenda:
3D.2. Adopt Resolution No. 22-060 Approving Appointment of Election Judges and Absentee
Ballot Board for Primary and General Election
The Council wanted to preemptively thank all election judges and staff for their work in the
upcoming election cycle.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-060 approving the
appointment of Election Judges and establishment of an Absentee Ballot Board for the Primary
Election on Tuesday, August 9 and General Election on Tuesday, November 8, 2022.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
4.Public Hearing
5.Old Business
6.New Business
A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
38
City of Golden Valley City Council Regular Meeting
June 21, 2022 – 6:30 pm
3
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 7:47 pm.
Motion carried 4-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
39
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Deputy City Manager/HR
Director Santelices, Recreation Supervisor Erickson, and City Clerk Schyma
C.Proclamation Recognizing July as Parks & Recreation Month
Recreation Supervisor Erickson presented an overview of the proclamation.
The Council thanked Parks and Recreation staff for their hard work.
Motion by M. Harris, Second by Rosenquist to support a proclamation recognizing July as
Parks & Recreation Month.
Motion carried 5-0.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0.
July 5, 2022 –6:30 pm
Council Conference Room
Hybrid Meeting
40
City of Golden Valley City Council Regular Meeting
July 5, 2022 – 6:30 pm
2
3.Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised:
removal of Item #3A - Approval of Special City Council Meeting Minutes of June 21, 2022; #3C1
- Accept Resignation from Police, Employment, Accountability, And Community Engagement
Commission; and #3E1 - Approve Resolution No. 22-062 to Accept a Donation of 40 Five Gallon
Buckets for the Medley Park Community Garden.
Motion carried 5-0.
A.Approval of Special City Council Meeting Minutes of June 21, 2022
B.Approval of Check Register
C. Boards, Commission, and Task Forces:
1.Accept Resignation from Police, Employment, Accountability, And Community
Engagement Commission
2.Receive and File Diversity, Equity, & Inclusion Commission Meeting Minutes –
January 25, February 22, March 22, and April 26, 2022
3.Receive and File PEACE Commission Meeting Minutes – January 13, February 10,
March 2 and 24, April 14, and May 12, 2022
D.Bids, Quotes and Contracts:
1.Authorize Change Order #1 Glenwood Avenue Watermain Rehabilitation
Project No. 21-06
2.Authorize Agreement with Union Pacific Railroad for Zane Avenue Crossing
Preliminary Engineering Services Contingent Upon the Final Review and Approval of
the City Attorney
3.Authorize Purchase of 40 Aluminum Raised Garden Containers for the Medley Park
Community Garden
4.Authorize Purchase of Replacement Outdoor Hockey Rink Dasher Boards, Steel
Components and Fencing for Medley Park from Becker Arena Products Contingent
Upon the Final Review and Approval of the City Attorney
E.Grants and Donations:
1.Approve Resolution No. 22-062 to Accept a Donation of 40 Five Gallon Buckets for
the Medley Park Community Garden
F.Approve Welcoming Workplace Policy Update, Resolution No. 22-063
3. Items Removed From the Consent Agenda:
3A. Approval of Special City Council Meeting Minutes of June 21, 2022
Council Member Rosenquist stated that the attendance needs correction to note that Council
Member Sanberg was absent from the meeting.
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City of Golden Valley City Council Regular Meeting
July 5, 2022 – 6:30 pm
3
Motion by M. Harris, Second by Rosenquist to approve Special City Council Meeting Minutes of
June 21, 2022 as amended.
Motion carried 5-0.
3C1. Accept Resignation from Police, Employment, Accountability, And Community
Engagement Commission
Council Member Harris thanked Jessie Smith for her service on the PEACE Commission.
Motion by M. Harris, Second by Sanberg to accept the resignation of Jessie Smith from the
Police, Employment, Accountability, And Community Engagement Commission.
Motion carried 5-0.
3E1. Approve Resolution No. 22-062 to Accept a Donation of 40 Five Gallon Buckets for the
Medley Park Community Garden
Council Member Rosenquist thanked One Good Deed for the donation especially during Parks
and Recreation Month.
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-062 accepting the
donation from Home Depot through the Golden Valley One Good Deed organization for 40 five-
gallon buckets for the new Golden Valley Community Garden at Medley Park.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
5.Old Business
6.New Business
A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
42
City of Golden Valley City Council Regular Meeting
July 5, 2022 – 6:30 pm
4
Motion by M. Harris, Second by Sanberg to adjourn the meeting at 6:53 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
43
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Physical Development
Director Nevinski, Planning Manager Zimmerman, and City Clerk Schyma
C.Proclamation Recognizing National Night Out – August 2, 2022
City Manager Cruikshank presented an overview of the proclamation.
Motion by M. Harris, Second by Sanberg to support a proclamation recognizing National Night
Out – Tuesday, August 2.
Motion carried 5-0.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
July 19, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
44
City of Golden Valley City Council Regular Meeting
July 19, 2022 – 6:30 pm
2
Motion by M. Harris, Second by La Mere-Anderson to approve the Consent Agenda as
submitted.
Motion carried 5-0.
A.Approval of City Council Meeting Minutes – June 7, 2022
B.Approval of Check Register
C. Licenses:
1.Approve Temporary On-Sale Liquor License – The Loppet Foundation
D. Boards, Commission, and Task Forces:
1.Receive and File PEACE Commission 2021 Annual Report and 2022 Work Plan
2.Receive and File Environmental Commission Meeting Minutes – May 28, 2022
E.Bids, Quotes and Contracts:
1.Approve Purchase of Three Ford F-150s Pickups in an amount not-to-exceed
$125,000
2.Approve Trade-In and Purchase of a Tandem Axle Dump Truck and Equipment from
Nuss Truck & Equipment and Towmaster Truck Equipment
F. Grants and Donations:
1.Approve Resolution No. 22-064 Accepting the Second Half of Federal Grant Funds
from the American Rescue Plan Act (ARPA) and Resolution No. 22-065 Allocating to
the General Fund for Equity and Inclusion Outreach Specialist and Hennepin County
Embedded Social Worker
4.Public Hearing
A.Approve Ordinance No. 740 – Zoning Map Amendments to Achieve Conformance with
the 2040 Comprehensive Plan
Planning Manager Zimmerman presented the staff report.
Mayor Harris opened the public hearing.
Richard Sheehan, 1533 Xenia Ave, had questions regarding a specific property that would be
impacted with the proposed amendments.
Amy Overby, 3211 St. Margaret Drive, stated she is opposed to the amendments and believes
that only the people in the neighborhood where these changes are proposed should be allowed
to comment.
Catherine O’Malley, 2200 Glenwood Parkway, stated she is opposed to the proposed
amendments.
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City of Golden Valley City Council Regular Meeting
July 19, 2022 – 6:30 pm
3
Ruth Paradise,8515 Duluth Street, spoke in favor of affordable housing in Golden Valley and
believes the city has to consider the whole community and not individual neighborhoods when
making these decisions.
Loren Overby, 3211 St. Margaret Drive, stated he is opposed to the proposed amendments and
does not believe that people who live outside of the neighborhood should be able to give an
opinion on land use changes.
Cathy Waldhauser, 3220 Orchard, spoke in favor of the proposal and for more affordable
housing in Golden Valley.
Mayor Harris closed the public hearing.
Motion by La Mere-Anderson, Second by Rosenquist to adopt Ordinance No. 740, Rezoning
Certain Properties to Achieve Conformance with the 2040 Comprehensive Plan.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.Approve Resolution No. 22-066 – Amendments to the Future Land Use Map to Complete
2040 Comprehensive Plan Update
Planning Manager Zimmerman presented the staff report.
Mayor Harris opened the public hearing.
Alaina Hopponen, 2400 Valders Avenue North, stated she is opposed to the proposed
amendments.
Ruth Paradise,8515 Duluth Street, discussed the Winnetka parcels as an opportunity and
presented a few alternate ideas.
Cathy Waldhauser, 3220 Orchard, asked questions about R-2 zoning and the number of stories
allowed. She stated that if multiple stories are possible then it would provide a lot of flexibility.
Mayor Harris closed the public hearing
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-066, Amending the
Future Land Use Map to Complete 2040 Comprehensive Plan and authorize staff to forward the
changes to the Metropolitan Council for Approval.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
46
City of Golden Valley City Council Regular Meeting
July 19, 2022 – 6:30 pm
4
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
A.First Consideration of Ordinances Related to the Regulation and Sale of
Tetrahydrocannabinol Products
Interim Ordinance No. 741 Prohibiting the Sale, Testing, Manufacturing, and
Distribution of THC Products
Ordinance No. 741 Amending Chapter 16—Licensing to Add Article XIX.
Tetrahydrocannabinol Products
City Manager Cruikshank discussed recent legislation and information coming out of committee
meetings around the metro area regarding tetrahydrocannabinol products.
City Attorney Cisneros discussed the staff report and the options available to the Council
including a moratorium ordinance or an ordinance licensing tetrahydrocannabinol products in
the City.
This item is eligible for public input.
Cap O'Rourke, representing businesses that are currently selling THC items in Golden Valley,
stated that THC products have been sold in Golden Valley for the last four years. He further
discussed the history of various cannabis products and their regulations.
Paul Chirpa, owner of Discover CBD at 8000 Olson Memorial Hwy, spoke in favor of the
licensing option for THC products.
Scott Farrell, representative from Down in the Valley, spoke in favor of the licensing option for
THC products.
Randy Anderson, resident and licensed drug addiction counselor, had questions about how
business owners provide advice to their customers about THC products. He believes it is
unethical for business owners to provide medical advice regarding THC products.
Ignacio Cisneros, 501 Varner Circle, spoke in favor of the licensing option for THC products as he
believes licensing would be safer for consumers so they know the kind of products they are
consuming.
The Council consensus was to move forward with an ordinance licensing tetrahydrocannabinol
products in the City and directing staff to add consideration of a zoning ordinance regulating
the location of retail establishments engaged in the sale of tetrahydrocannabinol products at an
upcoming Planning Commission meeting.
47
City of Golden Valley City Council Regular Meeting
July 19, 2022 – 6:30 pm
5
Motion by Sanberg, Second by Rosenquist to adopt first reading of Ordinance No. 741
amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to direct staff to add consideration of a zoning
ordinance regulating the location of retail establishments engaged in the sale of
tetrahydrocannabinol products at an upcoming Planning Commission meeting and hold a public
hearing regarding the same.
Motion carried 5-0.
B.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Sanberg, Second by M. Harris to adjourn the meeting at 10:00 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
48
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
Additional Remote Locations:Due to out-of-state travel, Mayor Harris and Council Member
Harris joined via Webex in accordance with Minnesota Statutes § 13D.02 from the following
locations:
Jackson Memorial Library, Community Room, 71 Main Street, Tenant's Harbor ME 04860
Austin Public Library, Room 509, 710 W Cesar Chavez Street, Austin, TX 78701
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Physical Development Director Nevinski, and City
Clerk Schyma
C.Proclamation Recognizing Don and Mary Anderson
Golden Valley Historical Society Liaison/Council Member La Mere-Anderson discussed the
proclamation.
Motion by La Mere-Anderson, Second by Rosenquist to support a proclamation
recognizing Don and Mary Anderson.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
2.Additions and Corrections to Agenda
August 3, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
49
City of Golden Valley City Council Regular Meeting
August 3, 2022 – 6:30 pm
2
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
3.Consent Agenda
Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3C1 - Accept Resignation from the Diversity, Equity, and Inclusion
Commission and #3C2 - Approve Appointment to the Police Employment, Accountability, and
Community Engagement (PEACE) Commission.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
A.Approval of Check Register
B. Licenses:
1.Gambling License Exemption and Waiver of Notice Requirement – Church of St.
Margaret Mary
C. Boards, Commission, and Task Forces:
1.Accept Resignation from the Diversity, Equity, and Inclusion Commission
2.Approve Appointment to the Police Employment, Accountability, and Community
Engagement (PEACE) Commission
D.Bids, Quotes and Contracts:
1.Approve Emergency Storm Sewer Repair on Theodore Wirth Parkway by Valley-Rich
Co., Inc.
2.Approve Contract for Replacement of Park Shelter Furnaces with Flare Heating and
Air Conditioning
3.Approve Agreement with Breck School for Community Service Officer- Traffic
Control
E. Adopt Resolution No. 22-067 Approving Final Plat for Harold Avenue Addition
F.Approve Sworn Peace Officer Hiring and Retention Incentive MOU between the City of
Golden Valley and Law Enforcement Labor Service, Locals #27, #304, and #485
3. Items Removed From the Consent Agenda:
3C1. Accept Resignation from the Diversity, Equity, and Inclusion Commission
Council Member La Mere-Anderson thanked Teresa Sit for her service on the commission.
Motion by La Mere-Anderson, Second by M. Harris to accept the resignation of Teresa Sit from
the Diversity, Equity, and Inclusion Commission.
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City of Golden Valley City Council Regular Meeting
August 3, 2022 – 6:30 pm
3
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
3C2. Approve Appointment to the Police Employment, Accountability, and Community
Engagement (PEACE) Commission
Motion by Sanberg, Second by La Mere-Anderson to appoint Janet Frisch to the Police
Employment, Accountability, and Community Engagement (PEACE) Commission.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
5.Old Business
6.New Business
A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Sanberg, Second by Rosenquist to adjourn the meeting at 7:05 pm.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
51
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Green, Parks and
Recreation Director Birno, Recreation Coordinator Champa, Recreation
Supervisor Stutzman, Public Works Director Kieffer, City Planner Campbell, and
City Clerk Schyma
C.Present Parks and Recreation Junior Leader Volunteers with Recognition of Service
Recreation Director Birno, Recreation Coordinator Maddy Champa, Recreation
Coordinator, and Recreation Supervisor John Stutzman presented awards to the four
2022 Junior Leader Volunteers - Gabrielle Battles, Francis Garry-Skujins, Casper Smith,
and Lynn-Clara Tun.
D.Recognition of Chloride Reduction Leadership Award
Public Works Director Kieffer discussed the award.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0.
August 16, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
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City of Golden Valley City Council Regular Meeting
August 16, 2022 – 6:30 pm
2
3.Consent Agenda
Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised:
removal of Item #3D1 - Approve Resolution No. 22-068 Accepting Donation of $2,000 From
H&R Block and Nextdoor Through the Golden Valley One Good Deed Organization for the Tool
Share Shed at the Golden Valley Community Garden at Medley Park.
Motion carried 5-0.
A.Approval of Check Register
B. Licenses:
1.General Business License – New and Used Vehicle Sales Licenses
C. Bids, Quotes and Contracts:
1.Approve Purchase of Five Public Safety Utility Interceptors
2.Approve Professional Services Agreement with Racially Conscious Collaboration
3.Approve Updated Law Enforcement Services Agreement with Hennepin County
Sheriff’s Office
4.Approve Contract with Belcom, Inc. for Investigative Services
D.Grants and Donations:
1.Approve Resolution No. 22-068 Accepting Donation of $2,000 From H&R Block and
Nextdoor Through the Golden Valley One Good Deed Organization for the Tool
Share Shed at the Golden Valley Community Garden at Medley Park
E. Receive and File June 2022 Quarterly Financial Reports
F.Approve Summary of Conclusion Regarding City Manager Performance Evaluation from
Closed Executive Session on August 16, 2022
G.Approve Items Related to Central Park West, LLC:
Adopt Resolution No. 22-069 Approval of Plat – Central Park West PUD No. 121
Third Addition
Authorize the Mayor and City Manager to sign the PUD Permit for Central Park
West PUD No. 121 Amendment #5, in a form acceptable to the City Attorney
Approve the Assumption of the Development Agreement, First Amendment to
Development Agreement, and Consent to Exemption from Assumption for Central
Park West PUD No. 121
3. Items Removed From the Consent Agenda:
3D1. Approve Resolution No. 22-068 Accepting Donation of $2,000 From H&R Block and
Nextdoor Through the Golden Valley One Good Deed Organization for the Tool Share
Shed at the Golden Valley Community Garden at Medley Park
The Council acknowledged the donation and discussed the ribbon cutting ceremony.
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City of Golden Valley City Council Regular Meeting
August 16, 2022 – 6:30 pm
3
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-068 accepting an
additional donation from H&R Block and Nextdoor through the Golden Valley One Good Deed
organization for the addition of a new tool share shed, outdoor park furniture, planting tables,
and community garden hand tools for the new Golden Valley Community Garden at Medley
Park.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
A.Approve Ordinance No. 742 – Zoning Text Amendment - Regulation and Sale of
Tetrahydrocannabinol Products
City Planner Campbell presented the staff report
Mayor Harris opened the public hearing.
Cap O'Rourke, representing businesses that are currently selling THC items in Golden
Valley, thanked Council and staff for their work on this ordinance. He further stated that
he would like some clarification regarding “trace amounts” in the definition.
Mayor Harris closed the public hearing
The Council consensus was to amend the ordinance language relating to the definition of
THC products.
Motion by Sanberg, Second by M. Harris to adopt Ordinance No. 742 Amending City
Code Sections 113-1: Definitions, 113-87: Summary Use Tables, and 113-92: Commercial
Zoning District with an amendment to Section 1 of the ordinance relating to the definition
of THC products to read:
THC Products:Any product that contains more than trace amounts of
tetrahydrocannabinol and that meets the requirements to be sold for human or animal
consumption under Minnesota Statutes, section 151.72, as may be amended from time to
time. Licensed product does not include medical cannabis as defined in Minnesota
Statutes, section 152.22, subdivision 6, as may be amended from time to time.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
5.Old Business
6.New Business
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August 16, 2022 – 6:30 pm
4
A.Consideration of Ordinances Related to the Licensing and Fee Schedule for the Sale of
Tetrahydrocannabinol Products
Second Consideration of Ordinance No. 741 Amending Chapter 16—Licensing to
Add Article XIX. Tetrahydrocannabinol Products
Approve Resolution No. 22-070 Authorizing Summary Publication of Ordinance
No. 741
First Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to
Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments
City Attorney Cisneros discussed the staff report, timeline for license applications, and the
approval process.
Police Chief Green answered questions about public safety-related concerns regarding
THC retail establishments.
This item is eligible for public input.
Scott Farrel, representing Down in the Valley, thanked Council and staff for their work on
this ordinance and stated he is in favor of licensing THC retailers.
Cap O'Rourke, representing businesses that are currently selling THC items in Golden
Valley, thanked Council and staff for their work on this ordinance. He further stated that
he agrees with the text changes that were approved in Item #4A.
The Council consensus was to amend the ordinance language relating to the definition of
THC products.
Motion by M. Harris, Second by Rosenquist to adopt second reading of Ordinance No.
741 amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products
with an amendment the definition of THC products to read:
THC Products:Any product that contains more than trace amounts of
tetrahydrocannabinol and that meets the requirements to be sold for human or animal
consumption under Minnesota Statutes, section 151.72, as may be amended from time to
time. Licensed product does not include medical cannabis as defined in Minnesota
Statutes, section 152.22, subdivision 6, as may be amended from time to time.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by La Mere-Anderson to approve Resolution No. 22-070
authorizing summary publication of Ordinance No. 741.
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City of Golden Valley City Council Regular Meeting
August 16, 2022 – 6:30 pm
5
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by Rosenquist to adopt first reading of Ordinance No. 743
amending the Master Fee Schedule to include licensing fees for Tetrahydrocannabinol
(THC) Retail Establishments.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
C.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Sanberg, Second by M. Harris to adjourn the meeting at 9:47 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
56
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Deputy City Manager/HR
Director Santelices, City Planner Campbell, Police Chief Green, Assistant Police
Chief White, Planning Manager Zimmerman, Fire Chief Crelly, Physical
Development Director Nevinski, Equity and Inclusion Manager Zackery,
Community Connection and Outreach Specialist Williams, Finance Director
Virnig, and City Clerk Schyma
C.Swearing-in Ceremony for Police Chief Virgil Green
Minnesota Attorney General Keith Ellison performed the swearing-in of Police Chief Virgil
Green.
2.Additions and Corrections to Agenda
Motion by Sanberg, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised:
September 6, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
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City of Golden Valley City Council Regular Meeting
September 6, 2022 – 6:30 pm
2
removal of Item #3D2 - Accept Resignation from the Open Space and Recreation Commission;
#3E4 - Approve Contract with the State of Minnesota Institution Community Work Crew
Program; #3F1 - Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the
Rossborough Family to be Located at Natchez Park; and #3F2 - Adopt Resolution No. 22-072
Accepting a Donation for a Park Bench to be Located at Seeman Park Honoring Yankel Plotkin.
Motion carried 5-0.
A.Approval of Minutes – Special City Council Closed Executive Session – August 16, 2022
B.Approval of Check Register
C. Licenses:
1.Approve Temporary On-Sale Liquor License – Good Shepherd Catholic Church
2.Approve Gambling License Exemption and Waiver of Notice Requirement –
Community of Recovering People d/b/a The Retreat
D. Boards, Commissions, and Task Forces:
1.Receive and File Meeting Minutes – Environmental Commission – June 27, 2022
2.Accept Resignation from the Open Space and Recreation Commission
E. Bids, Quotes and Contracts:
1.Approve Agreement for Transportation and Disposal of Fill with M.B.E., Inc.
2.Approve Purchase of Two Bobcat Toolcats from Tri-State Bobcat Inc.
3.Approve Site Agreement Contract and Community Forestry Initiative
Addendum with Reading & Math, Inc. DBA Ampact to Provide a Community Forestry
Member
4.Approve Contract with the State of Minnesota Institution Community Work Crew
Program
5.Approve Professional Services Agreement Amendment with WSB & Associates for
Trunk Highway 55 Lift Station Relocation Project No. 20-18
6.Approve Contract with BKV for Fire Station Location Analysis and Public Safety Pre-
Design
7.Approve Contract for Legal Services with Barna, Guzy & Steffen
F.Grants and Donations:
1.Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the Rossborough
Family to be Located at Natchez Park
2.Adopt Resolution No. 22-072 Accepting a Donation for a Park Bench to be Located
at Seeman Park Honoring Yankel Plotkin
G.Adopt Resolution No. 22-073 Approving Final Plat for Golden Valley Business Center
Addition and Authorize the Mayor and City Manager to Sign the Right-of-Way Permit
Addendum in a Form Approved by the City Attorney
3. Items Removed From the Consent Agenda:
3D2. Accept Resignation from the Open Space and Recreation Commission
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City of Golden Valley City Council Regular Meeting
September 6, 2022 – 6:30 pm
3
The Council thanked Bob Mattison for his years of service to the community.
Motion by M. Harris, Second by Rosenquist to accept the resignation of Bob Mattison from the
Open Space and Recreation Commission.
Motion carried 5-0.
3E4. Approve Contract with the State of Minnesota Institution Community Work Crew
Program
Council Member Sanberg stated she has concerns about benefitting from the free labor of
incarcerated individuals and recommended this item be tabled for discussion at a future work
session.
Motion by Sanberg, Second by Rosenquist to table the consideration of a contract with the
State of Minnesota Institution Community Work Crew Program until the program can be
discussed at a work session.
Motion carried 5-0.
3F1. Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the Rossborough
Family to be Located at Natchez Park
The Council thanked the Rossborough family for their donation.
Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-071 accepting
the donation from the Rossborough Family for the addition of a tree at Natchez Park.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
3F2. Adopt Resolution No. 22-072 Accepting a Donation for a Park Bench to be Located at
Seeman Park Honoring Yankel Plotkin
The Council thanked the Rowan and Strupinski families for their donation.
Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-072 accepting
the donation from the Rowan and Strupinski families for the addition of a park bench at
Seeman Park honoring Yankel Plotkin.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
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City of Golden Valley City Council Regular Meeting
September 6, 2022 – 6:30 pm
4
A.Public Hearing to Approve Resolution No. 22-074 to Vacate Right of Way Easement at
Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection
Planning Manager Zimmerman presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-074 Vacating
Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North
Intersection.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
A.Second Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to
Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments and
Resolution No. 22-075 Authorizing Summary Publication of the Ordinance
City Clerk Schyma discussed the staff report and upcoming licensing process for THC retail
establishments.
Motion by Rosenquist, Second by Sanberg to Approve Second Reading of Ordinance No.
743 - Amending the Master Fee Schedule to Include Licensing Fees for
Tetrahydrocannabinol (THC) Retail Establishments.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by M. Harris to approve Resolution No. 22-075 authorizing
summary publication of Ordinance No. 743.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.First Consideration of Ordinance No. 744– Amending the Master Fee Schedule for the
Addition of a Grant Administration Fee
Planning Manager Zimmerman discussed the staff report.
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City of Golden Valley City Council Regular Meeting
September 6, 2022 – 6:30 pm
5
Motion by Rosenquist, Second by Sanberg to adopt First Consideration of Ordinance No.
744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration
Fee.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
C.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
D.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by M. Harris, Second by Sanberg to adjourn the meeting at 7:27 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
61
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Police Chief Green, Physical Development Director
Nevinski, Finance Director Virnig, Fire Chief Crelly, Assistant Fire Chief Brunsell,
Assistant Fire Chief Guzman, Environmental Resources Supervisor Eckman, City
Planner Campbell, Sustainability Specialist Kehrberg, and City Clerk Schyma
C.New Employee Introductions
Fire Chief Crelly introduced Assistant Fire Chief Dom Guzman.
Physical Development Director Nevinski introduced Sustainability Specialist Ethan
Kehrberg
D.Proclamation in Support of National Police Woman Day – September 12
Police Chief Green discussed the proclamation.
Motion by M. Harris, Second by Rosenquist to support a proclamation in support of
National Police Woman Day.
Motion carried 5-0.
September 20, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
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City of Golden Valley City Council Regular Meeting
September 20, 2022 – 6:30 pm
2
2.Additions and Corrections to Agenda
The Council consensus was to remove Item #3D2 - Appointments to the Business Advisory
Committee and the Community Advisory Committee from the agenda for consideration at a
future meeting.
Motion by Rosenquist, Second by M. Harris to approve the agenda as amended.
Motion carried 5-0.
3.Consent Agenda
Motion by Sanberg, Second by La Mere-Anderson to approve the Consent Agenda as revised:
removal of Item #3D1 - Board/Commission Appointments and #3F1 - Adopt Resolutions No. 22-
076, No. 22-077, No. 22-078, No. 22-079, and Approve TBRA and DEED Funding Disbursal
Agreements.
Motion carried 5-0.
A.Approval of Minutes – Special City Council Closed Executive Session #1 – September 6,
2022; Special City Council Closed Executive Session #2 – September 6, 2022; and Special
City Council Meeting – September 13, 2022
B.Approval of Check Register
C. Licenses:
1.Approve General Business Licenses – THC Retail Establishments
2.Approve On-Sale Liquor License – Game Show Battle Rooms, 8836 7th Avenue North
3.Grant Local Approval for a Gambling Premises Permit for the Lions of Crystal at New
Bohemia, Resolution No. 22-084
4.Gambling Exemption and Waiver of Notice – Chester Bird Post 523 – Sons of the
American Legion
D. Boards, Commissions, and Task Forces:
1.Board/Commission Appointments
2.Appointments to the Business Advisory Committee and the Community Advisory
Committee (removed from meeting agenda)
E. Bids, Quotes and Contracts:
1.Approve Agreement for Medley Park Storm Water Project with Peterson
Companies, Inc.
2.Approve Affordable Housing Performance Agreement and Affordable Housing Plan
for the Development of Artessa Cooperative
F.Grants and Donations:
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City of Golden Valley City Council Regular Meeting
September 20, 2022 – 6:30 pm
3
1.Adopt Resolutions No. 22-076, No. 22-077, No. 22-078, No. 22-079, and Approve
TBRA and DEED Funding Disbursal Agreements
G.Adopt Resolution No. 22-080 Approving Final Plat for Artessa Golden Valley
H.Approve Setting the Hearing Date for the Proposed Property Tax Levy Payable 2023 and
2023-2024 Budget on Tuesday, December 6, 2022, at 6:30 p.m.
3. Items Removed From the Consent Agenda:
3D1. Board/Commission Appointments
Motion by M. Harris, Second by Rosenquist to make the following board/commission
appointments:
Kenna Brandt, Environmental Commission, youth term that expires in May 2023
David Scheie, Diversity, Equity, and Inclusion Commission, term that expires in April
2024
Motion carried 5-0.
3F1. Adopt Resolutions No. 22-076, No. 22-077, No. 22-078, No. 22-079, and Approve TBRA
and DEED Funding Disbursal Agreements
City Planner Campbell discussed the staff report and updates to the funding agreements that
are discussed in Resolution No. 22-078 and Resolution No. 22-079. He stated that the changes
have been reviewed and approved by the City Attorney. Staff recommended approval of the
updated resolutions with the changes presented.
Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-076 Accepting the
Metropolitan Council Tax Base Revitalization Account (TBRA) Contamination Cleanup.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by M. Harris, Second by Sanberg to adopt Resolution No. 22-077 Accepting the
Minnesota Department of Employment and Economic Development (DEED) Contamination
Cleanup Grant.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by Rosenquist to adopt amended Resolution No. 22-078
Authorizing the Funding Disbursement Agreement between Golden Valley and United
Properties LLC for Metropolitan Council TBRA Cleanup Grant.
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City of Golden Valley City Council Regular Meeting
September 20, 2022 – 6:30 pm
4
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by Rosenquist to adopt amended Resolution No. 22-079
Authorizing the Funding Disbursement Agreement between Golden Valley and United
Properties LLC for Minnesota DEED Cleanup Grant.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
5.Old Business
6.New Business
All Ordinances and Resolutions listed under this heading are eligible for public input.
A.Receive Public Input and Approve Resolution No. 22-081 Adopting the Proposed 2023-
2024 Budget and Proposed Tax Levies Payable in 2023 and Resolution No. 22-082
Consenting to the Proposed 2023 Housing and Redevelopment Levy
Finance Director Sue Virnig discussed the staff report.
Council Member Rosenquist thanked City Manage Cruikshank and Finance Director Virnig
for their hard work on the proposed budget but stated she is not comfortable with the
proposed increase.
Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-081 for Proposed
2023-2024 Budget and Proposed Tax Levies Payable in 2023.
Motion carried 4-1.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Sanberg. Opposed:
Rosenquist)
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-082 Consenting to
the Preliminary 2023 Housing and Redevelopment Proposed Levy.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.Second Consideration of Ordinance No. 744 – Amending the Master Fee Schedule for the
Addition of a Grant Administration Fee and Resolution No. 22-083 Authorizing Summary
Publication of the Ordinance
City Planner/Grant Coordinator Campbell discussed the staff report.
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City of Golden Valley City Council Regular Meeting
September 20, 2022 – 6:30 pm
5
Motion by La Mere-Anderson, Second by Rosenquist to adopt Second Consideration of
Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant
Administration Fee.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by M. Harris, Second by Rosenquist to Adopt Resolution No. 22-083 Approving
the Summary Publication of Ordinance No. 744.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
C.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
D.Mayor and Council Communications
1. Other Committee/Meeting Updates
7.Adjournment
Motion by Sanberg, Second by M. Harris to adjourn the meeting at 8:25 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
66
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-
Anderson, Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, Physical Development Director Nevinski,
Finance Director Virnig, Fire Chief Crelly, Assistant Police Chief White,
Planning Manager Zimmerman, City Attorney Cisneros, and City Clerk
Schyma
C.Global Golden Valley Presentation of Ukrainian Flag
Helene Johnson of Global Golden Valley and Dr. Irina Fursman presented a Ukrainian flag
to the Golden Valley City Council and discussed recent fundraising efforts to provide aid to
the Ukrainian people.
D.Presentation by Hennepin EMS Medical Director Dr. Nick Simpson
Dr. Nick Simpson, Hennepin EMS Medical Director, and Martin Scheerer, EMS Chief/Sr.
Director of EMS, provided an overview of Hennepin EMS and were available for questions
from the Council.
E.Proclamation Observing October 10, 2022, as Indigenous Peoples’ Day
City Manager Cruikshank discussed the proclamation.
October 6, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
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City of Golden Valley City Council Regular Meeting
October 6, 2022 – 6:30 pm
2
2.
Motion by M. Harris, Second by Sanberg to support a proclamation in observance of
October 10, 2022, as Indigenous Peoples’ Day
Motion carried 5-0.
Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by Sanberg, Second by La Mere-Anderson to approve the Consent Agenda as revised:
removal of Item #3C1 -Approve Appointments to the Business Advisory Committee and
Community Advisory Committee; #3D2a - Authorize Professional Services Agreement with SEH,
Inc. in the Form Approved by the City Attorney to Perform Preliminary Project Design and Adopt
Resolution No. 22-085 Ordering Preparation of the Feasibility Report; #3E1 - Approve Resolution
No. 22-087 Accepting a Donation for GVPD’s Trunk ‘n’ Treat Outreach Event From the Golden
Valley Crime Prevention Fund; and #3F - Adopt Resolution No. 22-088 to Appoint Additional
Election Judges for the November 8, 2022, General Election.
Motion carried 5-0.
A.Approval of Minutes – Special City Council Meeting – September 20, 2022
B.Approval of Check Register
C. Boards, Commissions, and Task Forces:
1.Approve Appointments to the Business Advisory Committee and Community
Advisory Committee
D. Bids, Quotes and Contracts:
1.Approve Purchase of Three Marked Public Safety Vehicles from Tenvoorde Ford
2.2024 Pavement Management Program:
a. Authorize Professional Services Agreement with SEH, Inc. in the Form
Approved by the City Attorney to Perform Preliminary Project Design and
Adopt Resolution No. 22-085 Ordering Preparation of the Feasibility Report
b. Adopt Resolution No. 22-086 Relating to the Financing of the City’s 2024
Pavement Management Program
E. Grants and Donations:
1.Approve Resolution No. 22-087 Accepting a Donation for GVPD’s Trunk ‘n’ Treat
Outreach Event From the Golden Valley Crime Prevention Fund
F.Adopt Resolution No. 22-088 to Appoint Additional Election Judges for the November 8,
2022, General Election
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City of Golden Valley City Council Regular Meeting
October 6, 2022 – 6:30 pm
3
G.Adopt Resolution No. 22-089 Waiving the Public Hearing and Ordering Certification of
Special Assessments – 2022 Sanitary Sewer Repairs
H.Adopt Resolution No. 22-090 Waiving the Public Hearing and Ordering Certification of
Special Assessments – 2022 Driveways
I.Adopt Resolution No. 22-091 Approving Easement Acquisitions for Douglas Drive and TH
55 Underpass and Roundabout
3.Items Removed From the Consent Agenda:
3C1. Approve Appointments to the Business Advisory Committee and Community Advisory
Committee
Motion by Rosenquist, Second by La Mere-Anderson to appoint John Dunn and Steve
Spaulding to the Community Advisory Committee.
Motion carried 5-0.
3D2a. Authorize Professional Services Agreement with SEH, Inc. in the Form Approved by the
City Attorney to Perform Preliminary Project Design and Adopt Resolution No. 22-085
Ordering Preparation of the Feasibility Report
Mayor Harris discussed resident grass complaints.
Physical Development Director Nevinski discussed the process and timeline.
Motion by Rosenquist, Second by Sanberg to authorize the Mayor and City Manager to
execute the 2024 Pavement Management Program Professional Services Agreement with
Short Elliott Hendrickson, Inc. in the form approved by the City Attorney to perform
preliminary project design for the 2024 Pavement Management Program in an amount
not to exceed $439,900.
Motion carried 5-0.
Motion by Rosenquist, Second by Sanberg to Adopt Resolution No. 22-085 Ordering
Preparation of the Feasibility Report for the 2024 Pavement Management Program.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
3E1. Approve Resolution No. 22-087 Accepting a Donation for GVPD’s Trunk ‘n’ Treat
Outreach Event From the Golden Valley Crime Prevention Fund
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City of Golden Valley City Council Regular Meeting
October 6, 2022 – 6:30 pm
4
Assistant Police Chief White discussed the upcoming event.
The Council recognized the donation and stated their appreciation.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-087 accepting
the donation from the Golden Valley Crime Prevention Fund for the GVPD Trunk ‘n’ Treat
Outreach Event.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
3F.Adopt Resolution No. 22-088 to Appoint Additional Election Judges for the November
8, 2022, General Election
City Clerk Schyma provided an update on the election.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-088 approving
the appointment of Election Judges for the General Election to be held on November 8,
2022.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
A.Public Hearing and Approve Resolution No. 22-092 Adopting and Confirming Assessment
for Delinquent 2022 Utility Bills.
Finance Director Virnig presented the staff report.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-092 Adopting and
Confirming Assessments for Delinquent 2022 Utility Bills.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.Public Hearing and Approve Resolution No. 22-093 Adopting and Confirming Assessments
for Delinquent 2022 Miscellaneous Charges
Finance Director Virnig presented the staff report.
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City of Golden Valley City Council Regular Meeting
October 6, 2022 – 6:30 pm
5
Mayor Harris opened the public hearing.
Jim Keegan, 1816 Independence Avenue, stated he hadn’t received a notice of past due bill
and that the charges were from the previous owner. As this assessment was from the
Public Hearing for Item #6A the Council referred Mr. Keegan to Finance Director Virnig to
discuss options for the assessment.
Mayor Harris closed the public hearing.
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-093 Adopting and
Confirming Assessments for Delinquent 2022 Miscellaneous Charges.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
C. Public Hearing for Preliminary Plan for Minor Consolidation at 4501 Merribee Drive
Planning Manager Zimmerman discussed the staff report.
The homeowner of 4501 Meribee Drive was present and available for questions from the
Council.
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by La Mere-Anderson, Second by Rosenquist to approve the Preliminary Plan for
the proposed minor consolidation at 4501 Merribee Drive, subject to the following
conditions:
1. All required drainage and utility easements shall be included on the final plat.
2. The City Attorney will determine if a title review is necessary prior to approval of
the final plat.
Motion carried 5-0.
D.Public Hearing for Conditional Use Permit No. 173 to Allow for the Operation of a Drive-
thru Facility at 650 Douglas Drive North, Ordinance No. 745
Planning Manager Zimmerman discussed the staff report.
A representative from Baxter Credit Union was present and available for questions from
the Council.
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City of Golden Valley City Council Regular Meeting
October 6, 2022 – 6:30 pm
6
Mayor Harris opened the public hearing. As there were no comments, the public hearing
was closed.
Motion by La Rosenquist, Second by Sanberg to adopt Ordinance No. 745, Approval of
Conditional Use Permit Number 173 allowing for the operation of a drive-thru facility at
650 Douglas Drive North, with the following condition:
1. Four bicycle spaces, available for use by the public, shall be provided.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
5.Old Business
6.New Business
A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Sanberg, Second by M. Harris to adjourn the meeting at 8:42 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
72
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
and Gillian Rosenquist
Absent:Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Physical Development Director
Nevinski,Green Corp Member Muehleis,and City Clerk Schyma
C.New Employee Introduction
Physical Development Director Nevinski introduced Mars Muehleis, Green Corp Member.
D.Minneapolis Regional Chamber Update
Hanna Zinn, Public Policy Manager at the Minneapolis Regional Chamber, provided an
update on Chamber activities.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 4-0.
3.Consent Agenda
October 18, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
73
City of Golden Valley City Council Regular Meeting
October 18, 2022 – 6:30 pm
2
Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised:
removal of Item #3E1 -Adopt Resolution No. 22-094 Accepting Donations from the Pohlad
Group and Global Golden Valley.
Motion carried 4-0.
A.Approval of Minutes – Special City Council Meeting – October 6, 2022
B.Approval of Check Register
C.Licenses:
1.Approve New On-Sale Wine and Beer License – Nong’s Thai Cuisine
2.Approve Gambling License Exemption and Waiver of Notice Requirement – Sons of
the American Legion Post 523
D. Bids, Quotes and Contracts:
1.Approve Purchase of One Marked Police F-150 Responder From Guardian Fleet
Safety
E. Grants and Donations:
1.Adopt Resolution No. 22-094 Accepting Donations from the Pohlad Group and
Global Golden Valley
F.Adopt Resolution No. 22-095 Approving Golden Valley Fire Department Relief Association
By-Law Pension Amount and Terms of Pension Steps
G.Adopt Resolution No. 22-096 Authorizing Payment to the LockUp Golden Valley LLC and
Approving Temporary and Permanent Easements for the Douglas Drive and TH 55
Pedestrian Underpass and Roundabout Project
3. Items Removed From the Consent Agenda:
3E1. Adopt Resolution No. 22-094 Accepting Donations from the Pohlad Group and Global
Golden Valley
Council Member La Mere-Anderson recognized the donations and stated the Council’s
appreciation.
Motion by La Mere-Anderson, Second by Rosenquist to approve Resolution No. 22-094
Accepting the Donation of $500 from the Pohlad Group and a Ukrainian Flag from Global
Golden Valley.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
4.Public Hearing
5.Old Business
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City of Golden Valley City Council Regular Meeting
October 18, 2022 – 6:30 pm
3
6.New Business
A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by M. Harris, Second by La Mere-Anderson to adjourn the meeting at 7:11 pm.
Motion carried 4-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
75
REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A.Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
B.Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist, and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Virnig,
Planning Manager Zimmerman, City Planner Campbell, and City Clerk Schyma
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3B1 - Approve Appointment to Bassett Creek Watershed Management
Commission; #3B2 - Accept Resignation from the Diversity, Equity, and Inclusion Commission;
#3B3 - Accept Resignation from the Human Services Commission; and #3D1 - Adopt Resolution
No. 22-098 Accepting the Donation for the Medley Park Community Garden from Hennepin
County and the Active Living Equipment Fund Grant.
Motion carried 5-0.
November 1, 2022 –6:30 pm
Council Chambers
Hybrid Meeting
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City of Golden Valley City Council Regular Meeting
November 1, 2022 – 6:30 pm
2
A.Approval of Check Register
B.Boards, Commissions, Task Forces
1. Approve Appointment to Bassett Creek Watershed Management Commission
2. Accept Resignation from the Diversity, Equity, and Inclusion Commission
3. Accept Resignation from the Human Services Commission
C.Bids, Quotes, and Contracts:
1.Adopt Resolution No. 22-097 Approving a 10-Year Commitment for LOGIS ERP
and Utility Billing Software
2.Approve Amendment No. 1 to the Joint Powers Agreement with Hennepin County
regarding 911 Embedded Social Worker Program
D. Grants and Donations:
1.Adopt Resolution No. 22-098 Accepting the Donation for the Medley Park
Community Garden from Hennepin County and the Active Living Equipment Fund
Grant
E. Adopt Resolution No. 22-099 Waiving the Public Hearing and Certification of Special
Assessments 2022-1 Sanitary Sewer Repairs
F.Adopt Resolution No. 22-100 to Approve Local Housing Incentives Account (LHIA)
Affordable Homeownership Pilot Application to the Metropolitan Council for the Home
Ownership Program for Equity (HOPE)
G.Approve a One-Year Extension of Zoning Code Variance for 1109 Winnetka Avenue North
3. Items Removed From the Consent Agenda:
3B1. Approve Appointment to Bassett Creek Watershed Management Commission
The Council thanked all applicants for their interest in serving the community.
Motion by Rosenquist, Second by La Mere-Anderson to appoint Paula Pentel to the Bassett
Creek Watershed Management Commission.
Motion carried 5-0.
3B2. Accept Resignation from the Diversity, Equity, and Inclusion Commission
Council Member Harris thanked Melissa Johnson for her service on the commission.
Motion by M. Harris, Second by Sanberg to accept the resignation of Melissa Johnson from the
Diversity, Equity, and Inclusion Commission.
Motion carried 5-0.
3B3. Accept Resignation from the Human Services Commission
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City of Golden Valley City Council Regular Meeting
November 1, 2022 – 6:30 pm
3
Council Member La Mere-Anderson thanked Mary McCormick for her service on the
commission.
Motion by La Mere-Anderson, Second by Rosenquist to accept the resignation of Mary
McCormick from the Human Services Commission.
Motion carried 5-0.
3D1. Adopt Resolution No. 22-098 Accepting the Donation for the Medley Park Community
Garden from Hennepin County and the Active Living Equipment Fund Grant
Council Member Harris discussed the donation and grant process.
Motion by M. Harris, Second by Sanberg to adopt Resolution No. 22-098 Accepting the
Donation for the Medley Park Community Garden from Hennepin County and the Active Living
Equipment Fund Grant.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
A.Amending the Zoning Code in Order to establish Regulations Regarding Accessory
Dwelling Units, Ordinance No. 745 and Resolution No. 22-101
Planner Campbell discussed the staff report and the recommendation of amending the
purpose statement as proposed by staff in the agenda packet.
Mayor Harris opened the public hearing.
Cathy Waldhauser, 3220 Orchard, spoke in favor of allowing accessory dwelling units in
Golden Valley.
Ruth Paradise, 8515 Duluth Street, spoke in favor of allowing accessory dwelling units and
how it could help provide affordable housing options in Golden Valley.
Lori Levin, 240 Brunswick Avenue South, spoke in favor of allowing accessory dwelling
units and how it could help provide affordable housing options in Golden Valley.
Mayor Harris closed the public hearing
The Council consensus was to amend the ordinance to change the purpose statement as
proposed by staff in the agenda packet.
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City of Golden Valley City Council Regular Meeting
November 1, 2022 – 6:30 pm
4
Motion by Rosenquist, Second by La Mere-Anderson to adopt Ordinance No. 745 –
Amending the Zoning Code in Order to establish Regulations Regarding Accessory
Dwelling Units with amended purpose statement as proposed by staff in the agenda
packet.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by M. Harris to approve Resolution No. 22-101 authorizing
summary publication of Ordinance No. 745
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
5.Old Business
6.New Business
A.First Consideration to Approve Ordinance No. 746 Establishing a 2023 Master Fee
Schedule
Finance Director Virnig discussed the staff report.
Motion by M. Harris, Second by La Mere-Anderson to adopt First Consideration of
Ordinance No. 746, Establishing a 2023 Master Fee Schedule.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
B.First Consideration to Approve Ordinance No. 747 Eliminating Licensing for Amusement
Devices
City Clerk Schyma discussed the staff report.
Motion by Sanberg, Second by M. Harris to adopt first consideration of Ordinance No.
747, Repealing Article IV of the City Code Relating to the Licensing of Amusement Devices
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-
Anderson, Rosenquist, Sanberg. Opposed: N/A)
C.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
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City of Golden Valley City Council Regular Meeting
November 1, 2022 – 6:30 pm
5
D.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 8:11 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
80
January 17, 2023 —6:30 PM
Council Chambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance and Land Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
1B. Roll Call
Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson,
Gillian Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Green, Housing and
Economic Development Manager Shoquist, Finance Director Virnig, Fire Chief
Crelly, Public Works Director Kieffer, Environmental Resources Supervisor Eckman,
Community Connection and Outreach Specialist Williams, and City Clerk Schyma
1C. Certificate of Appreciation for Rev. Richard Buller of Valley Community Presbyterian Church
Mayor Harris discussed the certificate of appreciation and Reverend Buller’s service to the
community. Mayor Harris stated that he will be delivering the certificate to a celebration at Valley
Community Presbyterian Church on January 29, 2023.
2.Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by Rosenquist, Second by La Mere-Anderson to approve the Consent Agenda as revised:
removal of Item #3D2 -Receive and File Statement from the Police Employment, Accountability, &
Community Engagement (PEACE) Commission and #3F -Approve Resolution No. 23-006,
Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements.
81
Motion carried 5-0.
3A.Approval of Regular City Council Meeting Minutes of January 3, 2023
3B.Approval of Check Registers
3C.Licenses:
3C.1. Approve On-Sale Liquor License with Sunday Sales - JLD Group LLP, 1301 Theodore
Wirth Parkway
3D.Boards, Commissions, and Task Forces:
3D.1. Approve Resolution No. 23-005 - Appointment to the Joint Water Commission
3D.2. Receive and File Statement from the Police Employment, Accountability, &
Community Engagement (PEACE) Commission
3E.Bid, Quotes, and Contracts:
3E.1. Adopt Resolution No. 23-004 Authorizing Construction Cooperative Agreement with
Metropolitan Council Environmental Services (MCES) for Douglas Drive/TH 55 Pedestrian
Underpass and Mini Roundabout Project
3E.2. Authorize Master Agreement for Product and Services with ESRI
3E.3. Approve Engagement Letter - Auditing Services for 2022 Fiscal Year
3F.Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax
to Fund Specific Capital Improvements
3. Items Removed From the Consent Agenda:
3D.2. Receive and File Statement from the Police Employment, Accountability, & Community
Engagement (PEACE) Commission
Roslyn Harmon, Co-Chair of the PEACE Commission, read the statement to the Council regarding
the City-initiated investigation into a Human Resources complaint and alleged data breach in the
Police Department.
Charlie Quimby and Henry Crosby, PEACE Commission members, discussed the community
engagement process, focus of the commission, and activities of the past year.
Community Connection and Outreach Specialist Williams and Police Chief Green discussed
opportunities for community engagement events.
The City Council thanked all members of the PEACE Commission for the challenging work they
have completed in their first year and their dedication to the community. The Council reiterated
their support for the commission and the importance of the work they are doing.
Motion by Sanberg, Second by M. Harris to receive and file statement from the Police
Employment, Accountability, & Community Engagement (PEACE) Commission.
Motion carried 5-0.
3F. Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to
Fund Specific Capital Improvements
82
Housing and Economic Development Manager Shoquist introduced the item and staff that are
available for questions.
Finance Director Virnig and Doug Green, Baker Tilly representative, discussed the resolution and
overall process for the City having the ability to impose a local sales tax to fund specific capital
improvements. They further discussed the Council’s options in terms of percentage of sales tax to
include on the resolution.
Council Member Harris asked for the ages of current City buildings and how much more
reasonable life can we get out of these buildings.
Council Member Rosenquist stated the need is urgent for these facilities and stated that a
significant amount of time, labor, and money is lost to inefficiencies.
Public Works Director Kieffer discussed the age of the buildings, damage to the current buildings,
and lack of equitable bathroom facilities on site. He stated that equipment has changed over the
past 50 years and the buildings are bursting at the seams.
Fire Chief Crelly discussed employee health and safety issues in current City buildings. The City
needs to protect the health of employees so they can do the jobs they are hired to do.
The Council consensus was to amend the resolution by increasing the percentage of local sales tax
from 0.75 percent to 1.25 percent. The increased percentage would generate $6.25 million
annually rather than 3.42 million annually.
Motion by M. Harris, Second by Rosenquist to amend Resolution No. 23-006 by:
Amending the ninth “whereas” clause to read “WHEREAS, the Minnesota Department of
Revenue’s estimate for the City of Golden Valley estimates that a local sales tax of 1.25
percent would generate $6.25 million annually.”; and
Amending the first sentence in the first “therefore” clause to read “NOW, THEREFORE, BE
IT RESOLVED THAT the City Council supports the authority to impose a general local sales
tax of 1.25 percent for a period of 30 years to fund the aforementioned project(s).”
Motion carried 5-0.
Motion by Rosenquist, Second by M. Harris to approve Resolution No. 23-006 as amended,
Supporting the Authority to Impose a Local Sales Tax to fund specific capital Improvements that
provide regional benefit, to establish the duration of the tax and the revenue to be raised by the
tax, and to authorize the City of Golden Valley to issue bonds supported by the sales tax revenue.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
5.Old Business
6.New Business
83
6A. First Consideration of Salt Storage Ordinance No. 757
Environmental Resources Supervisor Eckman presented the staff report and discussed the
reasoning for adding Section 10-5 to the City Code relating to salt storage.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by La Mere-Anderson to adopt the first consideration of
Ordinance No. 757 adding Section 10-5 Salt Storage at Commercial, Industrial, and Institutional
Facilities to City Code Chapter 10 Environment and Nuisances.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6B. First Consideration of Updated Stormwater Management Ordinance No. 758
Environmental Resources Supervisor Eckman presented the staff report and discussed the need
for updating the City’s stormwater management ordinance in order to be compliant with federal
and state watershed policies.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by M. Harris, Second by Sanberg to adopt the first consideration of Ordinance No. 758
amending Chapter 107 of the Golden Valley City Code to update language regarding the City's
stormwater management.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6C. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6D. Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
Motion by Sanberg, Second by M. Harris to adjourn the meeting at 9:02 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
84
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3B. Approval of City Check Registers
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims again the City of Golden Valley.
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?
id=1000913&dbid=0&repo=GoldenValley
The check register(s) for approval:
01-13-23 Check Register
01-27-23 Check Register
Financial or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount pad by fund.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
85
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3C.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion
Post 523
Prepared By
Theresa Schyma, City Clerk
Summary
The Sons of the American Legion Post 523 have applied for a Gambling License Exemption to conduct
gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive
North, on March 31, 2023.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for
an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on March 31, 2023.
86
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3D.1. Police Employment, Accountability, & Community Engagement (PEACE) Commission
Appointment
Prepared By
Tara Olmo, Executive Assistant
Summary
At several meetings in the past year, the Council conducted interviews of individuals who were
interested in serving on the PEACE Commission. The Council interviewed an additional applicant and
discussed all current applications at a special meeting on February 7, 2023 to decide which candidate
will be appointed to fill a vacancy on the PEACE Commission.
Legal Considerations
This item does not require legal review.
Equity Considerations
The PEACE Commission bylaws state that "In making appointments to the commission, the Council
shall endeavor to maintain a membership that reflects the many different social identities represented
in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national
origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a
public assistance program, socioeconomic status, or familial status."
Recommended Action
Motion to appoint an applicant to the vacant position on the Police Employment, Accountability, &
Community Engagement (PEACE) Commission with a term that expires in April 2024.
87
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.1. Approve Purchase of Gate Valves and Parts from Boys Water Products
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
The City contracts water distribution repairs annually in conjunction with mill and overlay projects.
The City purchases the valves and parts to reduce costs by eliminating sales tax or mark-ups the
contractor may impose. Purchasing the gate valves and parts now ensures timely delivery before the
projects commence. Gate valves are critical in maintaining the water distribution system and limiting
the number of affected properties by isolating the water supply during emergency repairs.
Staff solicited quotes for the gate valves and parts. Three quotes were received and are below:
Vendor Amount
Boys Water Products $82,984.68
Core & Main $92,267.20
Dakota Supply Group $86,558.45
Financial or Budget Considerations
The 2023-2032 Water and Sanitary Sewer Capital Improvement Program includes $175,000 in 2023 for
mill and overlay water repairs (W&SS-051).
Legal Considerations
The proposed valves and parts will be purchased using the competitive low bid process.
Equity Considerations
Boys Water Products is a Minnesota certified Disadvantaged, Small, and Women Business Enterprise.
Recommended Action
Motion to approve purchase of gate valves and parts from Boys Water Products in the amount of
$82,984.68.
Supporting Documents
Boys Water Products Quote
88
Core & Main Quote
Dakota Supply Group Quote
89
“Your Project is Our Project”
34876 US Highway 169, Le Sueur, MN 56058
1109 Stagecoach Road, Shakopee, MN 55379
Phone: 507-665-5119
www.boyswaterproducts.com
Estimate
Quote #: Q-5657
Date: 1/16/2023
FOB: Freight Allowed
Job Name: Location: City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
dgoddard@goldenvalleymn.gov
763-593-8038
Engineer:
Plan Room:
Bid Date & Time:
Quoted by: James 612-239-7804
Item #Qty Description Rate Total
4 EA 12" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $3,037.89 $12,151.56
7 EA 8" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $1,599.74 $11,198.18
22 EA 6" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $1,044.12 $22,970.64
1 EA 4" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $893.25 $893.25
1 EA 4" MJ DI L/P Sleeve FBE USA (25#)$139.968 $139.97
22 EA 6" MJ DI L/P Sleeve FBE USA (40#)$164.46 $3,618.12
7 EA 8" MJ DI L/P Sleeve FBE USA (55#)$225.00 $1,575.00
4 EA 12" MJ DI L/P Sleeve FBE USA (81#)$464.22 $1,856.88
4 EA 4" MJ Restrained Gland DI-USA $30.40 $121.60
4 EA 4" MJ Plain Rubber Gasket $7.13 $28.52
88 EA 6" MJ Restrained Gland DI-USA $34.29 $3,017.52
88 EA 6" MJ Plain Rubber Gasket $6.40 $563.20
28 EA 8" MJ Restrained Gland DI-USA $52.34 $1,465.52
28 EA 8" MJ Plain Rubber Gasket $7.72 $216.16
16 EA 12" MJ Restrained Gland DI-USA $112.70 $1,803.20
16 EA 12" MJ Plain Rubber Gasket $10.67 $170.72
544 EA 3/4"x3-1/2" MJ Bolt/Nut Cor-Blue $4.62 $2,513.28
296 EA 3/4"x4" MJ Bolt/Nut Cor-Blue $5.06 $1,497.76
34 EA TU Type G Valve Box-USA $390.00 $13,260.00
34 EA Rubber #6 Base Valve Box Adapter $115.40 $3,923.60
DISCOUNT $0.00
TOTAL $82,984.68
Signature_____________________________________________
Quotations on named goods only. FOB Boys Water Products unless otherwise noted. Acceptance of this quotation is
acceptance of company Terms and Conditions. Prices do not local, state, or federal taxes. All quantities to be verified
before shipment. All pipe is sold in full lengths only and all fabric is sold in full rolls only. Prices to be held on estimated
quantities only. Any additions are subject to price increases.
Certified DBE in MN, ND, SD; TGB; CERT SBE and WBE
90
Seq#Qty Descrip on Units Price Ext Price
DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS, MATERIALS
ARE SUBJECT TO PRICING AT TIME OF SHIPMENT. MATERIAL
AVAILABILITY AND TIMELINESS OF SHIPMENTS CANNOT BE
GUARANTEED. THIS TERM SUPERSEDES ALL OTHER
CONTRACTUAL PROVISIONS.
10 4 12" MJ GATE VALVE EA 3,642.95 14,571.80
20 7 8" MJ GATE VALVE EA 1,846.70 12,926.90
30 22 6" MJ GATE VALVE EA 1,160.50 25,531.00
40 1 4" MJ GATE VALVE EA 908.99 908.99
50 1 4" MJ LONG SLEEVE EPOXY USA EA 138.31 138.31
60 22 6" MJ LONG SLEEVE EPOXY USA EA 208.89 4,595.58
70 7 8" MJ LONG SLEEVE EPOXY USA EA 274.70 1,922.90
80 4 12" MJ LONG SLEEVE EPOXY USA EA 517.93 2,071.72
90 4 4" MJ DI RESTRAINT EA 31.40 125.60
100 4 4" MJ GASKET EA 9.50 38.00
110 88 6" MJ DI RESTRAINT EA 36.97 3,253.36
120 88 6" MJ GASKET EA 10.21 898.48
130 28 8" MJ DI RESTRAINT EA 56.41 1,579.48
140 28 8" MJ GASKET EA 10.35 289.80
150 16 12" MJ DI RESTRAINT EA 121.49 1,943.84
160 16 12" MJ GASKET EA 15.84 253.44
170 544 3/4"X3-1/2" BLUE MJ BOLT & NUT EA 5.25 2,856.00
180 296 3/4" X 4" BLUE MJ BOLT & NUT EA 5.75 1,702.00
190 34 "G" VALVE BOX EA 490.00 16,660.00
Sub Total 92,267.20
Tax 0.00
Total 92,267.20
UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: h ps://coreandmain.com/TandC/
01/25/2023 - 10:48 AM Actual taxes may vary Page 2 of 2
GOLDEN VALLEY CITY OF
Bid Date: 01/25/2023
Core & Main 2731028
Core & Main
15800 W 79th St
Eden Prairie, MN 55344
Phone: 952-937-9666
Fax: 952-937-8065
Bid Proposal for 2024 OVERLAY VALVE PROJECT
91
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY RD
GOLDEN VALLEY, MN 55427
DAKOTA SUPPLY GROUP - SXFW
2219 EAST BENSON RD
SIOUX FALLS, SD 57104
Phone 605-336-8884
Fax 605-336-2392
Quotation
CUSTOMER NUMBER CUSTOMER PO NUMBER JOB NAME / RELEASE NUMBER SALESPERSON
SHIP VIA TERMS QUOTE DATE FREIGHT ALLOWED
Jeff Schany
WILL CALL 01/18/2023Net 25th Prx
21698 2024 OVERLAY PROJECT
ORDER QTY DESCRIPTION Unit Price EXT PRICE
QUOTE TO:
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY RD
ATTN FINANCE DEPT
GOLDEN VALLEY, MN 55427-4588
SHIP TO:
No
ORDERED BY
EXPIRATION DATE
PAGE NO.
QUOTE NUMBER
S10244730101/23/2023
1 of 1
WRITER
Jeff Schany
jeff.schany@dsgsupply.com
PART NO
12" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)4ea 3150.000/ea 12600.00515892
8" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)7ea 1575.000/ea 11025.00406743
6" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)22ea 1055.000/ea 23210.00406742
4" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)1ea 900.000/ea 900.00515901
4" MJ LONG SLEEVE FBE DOMESTIC1ea 136.903/ea 136.90159042
6" MJ LONG SLEEVE FBE DOMESTIC22ea 206.770/ea 4548.94111128
8" MJ LONG SLEEVE FBE DOMESTIC7ea 271.918/ea 1903.42173853
12" MJ LONG SLEEVE FBE DOMESTIC4ea 512.678/ea 2050.71159049
4" MJ EBAA MEGALUG DIP DOMESTIC4ea 29.471/ea 117.8848077
4" MJ PLAIN RUBBER GASKET4ea 8.852/ea 35.4136234
6" MJ EBAA MEGALUG DIP DOMESTIC88ea 34.686/ea 3052.3648085
6" MJ PLAIN RUBBER GASKET88ea 8.852/ea 778.9836243
8" MJ EBAA MEGALUG DIP DOMESTIC28ea 52.940/ea 1482.3248102
8" MJ PLAIN RUBBER GASKET28ea 9.959/ea 278.8436253
12" MJ EBAA MEGALUG DIP DOMESTIC16ea 114.000/ea 1824.0048115
12" MJ PLAIN RUBBER GASKET16ea 16.599/ea 265.5836270
3/4"X 3-1/2" COR-BLUE MJ T-BOLT w/HEAVY NUT544ea 7.535/ea 4099.2021206
3/4"X 4" COR-BLUE MJ T-BOLT w/HEAVY NUT296ea 5.701/ea 1687.5545207
6860 G VALVE BOX COMPLETE(DOMESTIC)
(LIDW+26THD+24EXT+36B+#6BASE)
34ea 487.099/ea 16561.36
Kit Components
1 36B 6860 HD VALVE BOX BOTTOM(G)
(DOMESTIC)
1 26T 26" HD VALVE BOX TOP (DOMESTIC)
1 #60 24" HD VALVE BOX EXT
6850/6860(SCREW TYPE)(DOMESTIC)
1 #6 HD VALVE BOX BASE (DOMESTIC)
1 5-1/4" HD DROP LID (WATER)
(DOMESTIC)
Subtotal
S&H Charges
Amount Due
86558.45
0.00
86558.45
Printed By: JEFSCHA on 1/18/2023 4:22:25 PM CST
TAX IS NOT INCLUDED IN PRICE ON BID/QUOTE
All quotations are made in accordance with our interpretation of the
plans and specifications and include only the materials listed,
subject to correction for errors. Deviations in quantities may modify
prices quoted. Unless otherwise noted: all prices are subject to
change without notice and are void unless accepted within 30-days
from the date. In the event of a price increase, any unfilled portion
of any order will be billed at the price in effect at the time of
shipment. DSG shall not be liable for failure to deliver or delivery
performance due to causes beyond our reasonable control. A Summary of
DSG standard terms & conditions of sales can be found at
www.dsgsupply.com/terms.92
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.2. Authorize the City Manager to Sign an Election Equipment Lease Agreement with Hennepin
County in a Form Approved by the City Attorney
Prepared By
Theresa Schyma, City Clerk
Summary
The City of Golden Valley leases elections equipment from Hennepin County for use at all regular and
special elections that may occur during any given year. Currently the City has two separate lease
agreements with Hennepin County - an agreement for the use of ballot tabulators and assistive voting
equipment was signed in 2013 and an agreement for the use of poll pads was signed in 2016.
Elections technology has changed over the past 10 years and for this reason Hennepin County is
updating all lease agreements for elections equipment. The updated lease agreement is a combined
lease agreement to include all elections equipment in one document. This agreement lays out the
terms for leasing county-owned or county-leased equipment to the City of Golden Valley. The terms
and conditions are generally the same with only minor changes. This updated lease agreement is set
to last from March 1, 2023 – February 28, 2031.
Updating the lease agreement will accomplish the following:
Combining all election equipment into one lease agreement instead of two separate agreements
Accounting for the change of assistive voting equipment from AutoMARK to OmniBallot Tablets
Including current companies in the list of maintenance vendors
Updating equipment numbers, expiration dates, and contract numbers
Financial or Budget Considerations
The ballot tabulator maintenance fee has increased from $187.60 annually to $206.00 annually. This
pricing begins with the invoices the City will receive at the end of 2023. The increase is minimal but
will be factored into next year’s projected election budget.
Legal Considerations
The City Attorney has reviewed and approved the updated lease agreement with Hennepin County.
Equity Considerations
Hennepin County works with all Election Officials in their boundaries before purchasing or leasing
elections equipment to ensure that any new technology will provide a smooth and fully accessible
93
voting experience for all voters.
Recommended Action
Motion to authorize the City Manager to sign an election equipment lease agreement with Hennepin
County in a form approved by the City Attorney.
Supporting Documents
2023 Election Equipment Lease Agreement - Golden Valley
2013-10-15 - Election Equipment Lease Agreement A-131239
2016-06-06 - KNOWink Poll Pad Equipment Agreement
94
Agreement No. ####
HENNEPIN COUNTY/CITY OF Golden Valley
LEASE AGREEMENT
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF Golden
Valley both political subdivisions of the State of Minnesota, hereinafter referred to as the “County” and
the “City” respectively. For purposes of this Agreement, the address of the County is A2300 Government
Center, Minneapolis, Minnesota 55487 and the address of the City is 7800 Golden Valley Rd, Golden
Valley MN 55427.
PREAMBLE
WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99‐6‐426
authorized the purchase of ES&S election equipment for a countywide digital scan voting system,
election hardware and services; and
WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 20‐0039
authorized the purchase of Assistive Voting Devices (hereinafter “AVT Equipment”) using the County’s
Joint Powers Agreement with Minnesota Counties Computer Cooperative (MnCCC); MnCCC holds the
agreement with SeaChange (including Democracy Live).
WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 16‐0064
authorized the purchase of Poll Book Equipment (hereinafter “Poll Book Equipment”) for election
hardware and services; and
WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer property to the
City for its use; and
WHEREAS, the County and the City are parties to an agreement for the lease of various election
equipment and the County and City desire to terminate that lease agreement and replace it with this
agreement ####.
WHEREAS, the County and the City are parties to an agreement for the lease of Poll Book
Equipment and the County and City desire to terminate that lease agreement and replace it with this
agreement ####.
WHEREAS, the County desires to lease various ES&S election equipment, AVT Equipment, and
Poll Book Equipment (collectively herein “Election Equipment”) to the City and City desires to lease said
Election Equipment from County for use in all elections conducted in Hennepin County.
NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set
forth, the County and the City agree as follows:
Section 1
95
TERMINATION AND REPLACEMENT OF EXISTING AGREEMENTS BETWEEN COUNTY AND CITY
The agreement between the County and City for the lease of various election equipment is terminated
and replaced by this Agreement ####.
The agreement between the County and City for the lease of poll book equipment is terminated and
replaced by this Agreement ####.
Section 2
SCOPE OF AGREEMENT
2.1 The County hereby leases to the City at the cost identified below and subject to the terms and
conditions of this Agreement, and the City hereby agrees to lease from the County Election
Equipment for use within the City identified as:
a. 9 DS200 Digital Scan Precinct Count Units
b. 9 DS200 Plastic Ballot Boxes
c. 0 DS950 Digital Scan Central Count Units
d. 11 OmniBallot Tablets (including 3‐button device, headphones, navigation pad, OmniBallot
Tablet key, OmniBallot Tablet case, stylus, power cord, hard and soft printer cases, printer
power cable, printer USB cable, QR code scanner, USB hub key, 3‐plug extension cord)
e. 11 OmniBallot Printers
f. 32 Poll Books (including stand arm, ID tray, styluses, white AC adapter, white cable, green
lightning USB cable, base, printer, printer power supply, printer power cord, poll book case)
g. 1 Meraki Access Points.
2.2 Subject to the terms and conditions of this Agreement, the parties may agree to increase or
decrease Election Equipment or add new equipment. Any agreed upon changes shall be
documented by County when County sends an annual equipment inventory statement to City.
2.3 Herein, Election Systems and Software (ES&S), SeaChange, and KNOWiNK may be referred to as
“vendor”.
Section 3
OWNERSHIP
3.1 The City acknowledges that the County owns or leases the Election Equipment and that the City
is authorized to use said Election Equipment for official election related purposes. Use of the
Election Equipment for any other purpose is strictly prohibited absent express written consent
of the County’s Elections Director.
3.2 The City acknowledges and agrees that the Election Equipment may contain proprietary and
trade secret information that is owned by a third party, including Election Systems and Software
(ES&S), Democracy Live, and KNOWiNK, is protected under federal copyright law or other laws,
rules, regulations, and decisions. The City shall protect and maintain the proprietary and trade
secret status of the Election Equipment.
Section 4
HANDLING OF EQUIPMENT AND INDEMNIFICATION
96
4.1 The City shall be responsible for the Election Equipment it leases from the County under this
Agreement, including Election Equipment the City subleases to a school district under Section
8.6 below. The City, either through insurance or a self‐insurance program, shall be responsible
for all costs, fees, damages, and expenses including but not limited to personal injury, storage,
damage, repair, and/or replacement of the Election Equipment consistent with the City’s
defense and indemnity obligations contained in Section 8.7 herein.
4.2 The City shall be responsible for the transporting of the Election Equipment from and to the
County. Upon termination of this Agreement, the City shall forthwith deliver the Election
Equipment to the County or its designee, complete and in good order and working condition.
The City shall be responsible for all costs, including but not limited to shipping, related to the
repair or replacement of lost, stolen, destroyed, or damaged Election Equipment.
Section 5
TERM, TERMINATION
5.1 The City and the County agree that this Agreement is in effect during the period commencing
upon signature by the County and terminating February 28, 2031. The City and County agree
that this Agreement may terminate sooner if and when the City and County mutually agree that
the Election Equipment will no longer be used for the City’s elections. The City agrees that
should the County’s contract for the Election Equipment with ES&S and/or KNOWiNK and/or
SeaChange/MnCCC, respectively, terminate or expire, the Election Equipment and/or services
subject to that agreement may no longer be available to the City and City shall immediately
return the equipment to the County upon County’s request. A particular piece of Election
Equipment may be retired from use by the City upon mutual agreement between the City and
County and without this Agreement terminating. City represents and warrants that it will use
the Election Equipment for its intended purpose and in a manner consistent with prior practice
under the previous agreements referenced in Section 1 above until the Agreement terminates.
Section 6
MAINTENANCE AND PRICING
6.1 Maintenance (ES&S Election Equipment). The County has entered into an agreement with ES&S
for the purchase, warranty, and maintenance of the ES&S Election Equipment. ES&S shall
provide the same warranty and maintenance services to the City as it provides to the County.
The annual maintenance fee paid by the City to the County for said ES&S Election Equipment
shall be Two Hundred and Six dollars ($206.00) per digital scan precinct count unit and Five
Thousand Six Hundred and Twenty‐Five dollars ($5,625.00) per digital scan central count unit. If
and when ES&S increases the fee to the County, the County may increase the fee to the City.
6.2 Maintenance (AVT Equipment). The County has entered into an agreement with
SeaChange/MnCCC for the purchase, warranty, and maintenance of the AVT Equipment.
SeaChange shall provide the same warranty and maintenance services to the City as it provides
to the County The annual maintenance fee paid by the City to the County for said AVT
Maintenance shall be an amount not to exceed Two Hundred and Twenty Five dollars ($225) per
97
unit. If and when SeaChange increases the fee to the County, the County may increase the fee to
the City.
6.3 Maintenance Agreement (Poll Book Equipment). The County has entered into an agreement
with KNOWiNK for the purchase/lease, warranty, and maintenance of the Poll Book Equipment.
KNOWiNK shall provide the same warranty and maintenance services to the City as it provides
to the County. There shall be no annual maintenance fee paid by the City to the County for said
Poll Book Equipment maintenance.
6.4 The City agrees not to make any repairs, changes, modifications, or alterations to the Election
Equipment that are not authorized by Hennepin County and said vendors.
6.5 After reasonable notice, the County shall have the right to enter the premises where the
Election Equipment is located for the purposes of inspecting the same or observing its use. On
an annual basis, during the term of this Agreement, the City shall comply with the County’s
request for verification of Election Equipment inventory.
6.6 The City agrees to provide notice to Election Systems & Software of any defects or malfunctions
with the Election Equipment, to provide notice to SeaChange of any defects or malfunctions
with the AVT Equipment, and to provide notice to KNOWiNK of any defects or malfunctions with
the Poll Book Equipment within twenty‐four (24) hours. The City also agrees to provide the
County with notice of such malfunctions or defects and Election Systems & Software’s,
SeaChange’s, or KNOWiNK’s response within a reasonable time. The County agrees to track via a
log all such equipment malfunctions.
Section 7
PROGRAMMING AND ACCUMULATION
7.1 Programming (Election Equipment). The County will be responsible for programming the
Election Equipment at no charge to jurisdictions for all races in all elections. In the case of an
election that crosses county lines, the County will determine programming responsibilities with
the other involved counties.
7.2 For Cities with a primary and/or general election, as described in Minn. Stat. § 205.065 and
205.07, in the even‐numbered years, the County will provide results transmission and
accumulation of results of City races in the primary and general election at no cost to the City.
Section 8
OTHER TERMS AND CONDITIONS
8.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof unless
the same is consented to in writing. A waiver by either of the parties hereto of any of the
covenants, conditions, or agreements to be observed by the other shall not be construed to be a
waiver of any succeeding breach thereof or any covenant, condition, or agreement herein
98
contained. All remedies provided for in this Agreement shall be cumulative and in addition to,
and not in lieu of, any other remedies available to either party at law, in equity, or otherwise.
8.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Minnesota.
8.3 Entire Agreement. 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 hereof. All items referred to in this
Agreement are incorporated or attached and are deemed to be part of this Agreement. 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 hereto.
8.4 No Assignment. Neither party shall assign, sublet, or transfer this Agreement, either in whole, or
in part, without prior written consent of the other party, and any attempt to do so shall be void
and of no force and effect.
8.5 No Warranty. The City agrees that the County is furnishing the Election Equipment on an “as is”
basis, without representation or any express or implied warranties, other than those provided
by ES&S, SeaChange, or KNOWiNK, including but not limited to, fitness for particular purpose,
merchantability or the accuracy and completeness of the Election Equipment.
The County does not warrant that the Election Equipment will be error free.
The County disclaims any other warranties, express or implied, respecting this Agreement or the
Election Equipment.
8.6 City may sublease Election Equipment to school districts within the County. Under any such
sublease, the City is fully responsible and liable for the school district complying with the terms
and conditions of this Agreement, and County shall have no liability whatsoever to the school
district.
8.7 In no event shall the County be liable for actual, direct, indirect, special, incidental,
consequential damages (even if the County has been advised of the possibility of such damage)
or loss of profit, loss of business or any other financial loss or any other damage arising out of
performance or failure of performance of this Agreement by the County. The County and the
City agree each will be responsible for their own acts and omissions under this Agreement and
the results thereof and shall to the extent authorized by law defend, indemnify, and hold
harmless the other party for such acts. Each party shall not be responsible for the acts, errors, or
omissions of the other party under the Agreement and the results thereof. The parties’
respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act,
Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be
construed to bar legal remedies one party may have for the other party’s failure to fulfill its
obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the City or
County of any statutory or common law defenses, immunities, or limits on liability. The City’s
exclusive remedy and the County’s sole liability for any substantial defect which impairs the use
99
of the Election Equipment for the purposes stated herein shall be the remedy provided by the
vendor.
8.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to
the other party addressed as follows:
To the City: City of Golden Valley
7800 Golden Valley Rd
Golden Valley MN 55427
To the County: Hennepin County Administrator
Government Center MC 233
Minneapolis MN 55487
Copy to: Hennepin County Elections
Government Center MC 012
Minneapolis MN 55487
8.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly
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 the other party and involve transactions relating to this Agreement.
Such materials shall be maintained and such access and rights shall be in force and effect during
the period of the contract and for six (6) years after its termination or cancellation.
8.10 Whereas Clauses. The matters set forth in the “Whereas” clauses on page one of this Agreement
are incorporated into and made a part hereof by this reference.
8.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties
of the City and County hereof shall survive the completion and performance and termination or
cancellation of this Agreement.
8.12 Authority. The person or persons executing this Lease Agreement on behalf of the City and
County represent that they are duly authorized to execute this Lease Agreement on behalf of
the City and the County and represent and warrant that this Lease Agreement is a legal, valid,
and binding obligation and is enforceable in accordance with its terms.
8.13 The parties shall comply with applicable law including but not limited to the provision of the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA).
THE REMAINDER OF THIS PAGE IS BLANK.
COUNTY will include signature page.
100
Agreement No. A-131239
HENNEPIN COUNTYICITY OF Golden Valley
LEASE AGREEMENT
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and
the CITY OF Golden Valley, both political subdivisions of the State of Minnesota,
hereinafter referred to as the "County" and the "City" respectively. For purposes of this
Agreement, the address of the County is A2300 Government Center, Minneapolis,
Minnesota 55487 and the address of the City is 7800 Golden Valley Road, Golden
Valley, MN 55427.
WITNESSETH
WHEREAS, the Hennepin County Board of Commissioners in Resolution
Number 13-0134 authorized the purchase of election equipment for a countywide
digital scan voting system, election hardware and services; and
WHEREAS, the Hennepin County Board of Commissioners in Resolution
Number 05-564 authorized the purchase of Assisted Voting Technology equipment for a
countywide optical scan voting system, election hardware and services through the
State of Minnesota Cooperative Purchasing Agreement; and
WHEREAS, the County and the City of Golden Valley are parties to a prior
agreement numbered A-052247 relating to the lease of election equipment and the
County and City desire to terminate that lease agreement and replace it with this
agreement.
WHEREAS, the County desires to lease Election Equipment and AVT Equipment
as defined herein) to the City of Golden Valley for use in all city elections.
NOW THEREFORE, in consideration of the mutual undertakings and
agreements hereinafter set forth, the County and the City agree as follows:
Section 1
SCOPE OF AGREEMENT
1.1 The County hereby leases to the City at the cost identified below and subject to
the terms and conditions of this Agreement, and the City hereby agrees to lease
from the County election equipment identified as: eleven (11) DS200 Digital Scan
Precinct Count Units (including twenty-two (22) 4 GB Jump Drives), and eleven
11) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places
contained within the City.
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1.2 The County hereby leases to the City subject to the terms and conditions of this
Agreement, and the City hereby agrees to lease from the County AVT Equipment
identified as; nine (9) AutoMARK Voter Assist Terminals, eighteen (18)
flashcards and nine (9) ES&S AutoMARK Tables with adjustable legs for polling
places ("AVT Equipment") contained within the City.
1.3 Subject to the terms and conditions of this Agreement, the parties may agree by
written addendum executed by all the parties to increase or decrease the County
Election Equipment and AVT Equipment included within the scope of this
agreement. Hennepin County hereby delegates authority to execute such an
addendum to the County Auditor. The City hereby delegates authority to execute
such an addendum to the authorized City officer, or the City Council, as
appropriate.
1.4 Upon the express written permission of County's Election Manager, or her/his
designee, the City may lease Election Equipment and/or AVT Equipment to a
school district. Said lease shall be made pursuant to a written agreement,
between the City and the school district, which includes substantially the same
terms as those contained herein.
Section 2
OWNERSHIP
2.1 The City acknowledges that the County owns the Election Equipment and AVT
Equipment and that the City is authorized to use said Election Equipment and
AVT Equipment for official election related purposes. Use of the Election
Equipment and AVT Equipment for any other purpose is strictly prohibited absent
express written consent of the County.
2.2 The City acknowledges and agrees that the Election Equipment and AVT
Equipment may contain proprietary and trade secret information that is owned by
a third party and is protected under state and federal copyright law or other laws,
rules, regulations and decisions. The City shall protect and maintain the
proprietary and trade secret status of the Election Equipment and AVT
Equipment.
Section 3
HANDLING OF EQUIPMENT AND INDEMNIFICATION
3.1 The City shall be responsible for the Election Equipment and AVT Equipment
while it is in the City's custody, possession or control. The City, either through
insurance or a self-insurance program, shall be responsible for all costs, fees,
damages and expenses including but not limited to personal injury, storage,
damage, repair and/or replacement of the Election Equipment and AVT
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Equipment while it's in the City's custody and this Agreement is in effect,
consistent with the City's defense and indemnity obligations contained in Section
7.6 herein.
3.2 The City shall be responsible for the transporting of the Election Equipment and
AVT Equipment from and to the County. The City shall be responsible for all
costs, including but not limited to shipping, related to the repair or replacement of
lost, stolen, destroyed or damaged Election Equipment and AVT Equipment as
well as the maintenance and repair costs described in Sections 5.1 and 5.2.
Section 4
TERM, TERMINATION
4.1 This Agreement commences September 1, 2013 and expires August 31, 2014.
Thereafter, this Agreement shall automatically renew for additional one year
periods unless either party notifies the other party, on or before June 1St of that
year, of its intention not to renew. Termination of this Agreement by the City
shall not relieve the City of any duties or obligations hereunder including but not
limited to the obligation to pay amounts due and payable. Upon expiration or any
termination of this Agreement, the City shall return the Election Equipment and/or
AVT Equipment within a reasonable time and in good operating condition except
for routine wear and tear.
Section 5
MAINTENANCE
5.3 Maintenance Agreement (DS200) The County has entered into an agreement
with a third -party ("Maintenance Vendor") for maintenance and repair of the
Election Equipment as more fully described in Addendum A ("Maintenance
Services). The City will obtain Maintenance Services for the Election Equipment
directly from the Maintenance Vendor including but not limited to scheduling and
supervising the Maintenance Vendor. City shall pay County the per unit amount
that County pays to the Maintenance Vendor plus any additional costs incurred
by County as the same are directly related to maintenance and repair of the
Election Equipment leased by the City which may include the cost of replacement
parts.
5.2 Maintenance Agreement (AVT Equipment). The County has entered into an
agreement with a third -party ("AVT Maintenance Vendor") for maintenance and
repair of the AVT Election Equipment ("AVT Maintenance Services). The City
will obtain AVT Maintenance Services for the AVT Election Equipment directly
from the AVT Maintenance Vendor including but not limited to scheduling and
supervising the AVT Maintenance Vendor. City shall pay County the per unit
amount that County pays to the AVT Maintenance Vendor plus any additional
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costs incurred by County as the same are directly related to maintenance and
repair of the AVT Election Equipment leased by the City which may include the
cost of replacement parts.
5.3 The City agrees not to make any repairs, changes, modifications or alterations to
the Election Equipment or AVT Equipment that are not authorized by Hennepin
County and said vendors.
5.4 After reasonable notice, the County shall have the right to enter into and upon
the premises where the Election Equipment and AVT Equipment is located for
the purposes of inspecting the same or observing its use. On an annual basis,
during the term of this Agreement, the City shall comply with the County's
request for verification of Election Equipment and AVT Equipment inventory.
5.5 The City agrees to provide notice to Maintenance Vendor and/or AVT
Maintenance Vendor of any defects or malfunctions with the Election Equipment
and/or AVT Equipment within twenty-four (24) hours. The City also agrees to
provide the County with notice of such malfunctions or defects and the
Maintenance Vendor and/or AVT Maintenance Vendor response within a
reasonable time.
Section 6
PROGRAMMING AND ACCUMULATION
6.1 Programming. The County will be responsible for programming the DS200
Digital Scan Election Equipment at no charge to jurisdictions for all races in all
elections.
6.2 Programming Costs. The City is responsible for paying to the County the
programming costs of the AVT Equipment described in paragraph 1.2 at an
amount prorated upon the number of columns devoted to the City's races on the
ballot.
6.3 Results Transmission and Accumulation. The County has invested a
significant amount of resources in equipment that allows the DS200 Digital Scan
tabulators to electronically transmit election results via wireless technology from
each polling place to a central location and for those results to be accumulated
and posted on the County's website. There is also a significant operational cost
associated with each use of this transmission and accumulation process.
6.4 For Cities with a primary and/or a general election, as described in Minn. Stat. §§
205.065 and 205.07, in the even -numbered years, the County will provide results
transmission and accumulation of results of City races in the primary and general
election at no cost to the City.
6.5 For Cities with a primary and/or a general election, as described in Minn. Stat. §§
205.065 and 205.07, in the odd -numbered years, upon written request by the
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city, the County will perform the electronic transmission and accumulation of
results of City races in the primary and general election, at a cost of $100 per
polling place for the primary, and $100 per polling place for the general election.
The County will not perform the electronic transmission and accumulation of
votes cast in any other City elections, unless by mutual agreement with the City.
The County may, in its sole discretion, elect to waive this fee.
Section 7
OTHER TERMS AND CONDITIONS
7.1 No Waiver. No delay or omission by either party hereto to exercise any right or
power occurring upon any noncompliance or default by the other party with
respect to any of the terms of this Agreement shall impair any such right or power
or be construed to be a waiver thereof unless the same is consented to in writing.
A waiver by either of the parties hereto of any of the covenants, conditions, or
agreements to be observed by the other shall not be construed to be a waiver of
any succeeding breach thereof or of any covenant, condition, or agreement
herein contained. All remedies provided for in this Agreement shall be
cumulative and in addition to, and not in lieu of, any other remedies available to
either party at law, in equity, or otherwise.
7.2 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
7.3 Entire Agreement. 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 hereof. Pursuant to the foregoing, the parties acknowledge and agree
that Agreement A-052247 between the parties is hereby teminated and replaced
with this Agreement.
All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement. 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 hereto.
7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement,
either in whole or in part, without the prior written consent of the other party, and
any attempt to do so shall be void and of no force and effect.
7.5 Limited Warranty. County warrants that it owns title to the Election Equipment
and AVT Equipment, or to the extent it does not own title, that it has all rights
necessary to grant the licenses herein.
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105
7.6 No Warranty. COUNTY IS PROVIDING THE ELECTION EQUIPMENT AND
AVT EQUIPMENT ON AN AS -IS BASIS WITH NO SUPPORT WHATSOEVER.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF
FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON -
INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE
INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED.
Pursuant to the foregoing, the City agrees that the County is furnishing the
Election and AVT Equipment on an "as is" basis, without representation or any
express or implied warranties, other than those provided by the Maintenance
Vendor and/or AVT Maintenance Vendor, including but not limited to, fitness for
particular purpose, merchantability or the accuracy and completeness of the
Election Equipment or AVT Equipment. The County does not warrant that the
Election Equipment and/or AVT Equipment will be error free. The County
disclaims any other warranties, express or implied, respecting this agreement or
the Election or AVT Equipment.
The City's exclusive remedy and the County's sole liability for any substantial
defect which impairs the use of the Election Equipment and/or AVT Equipment
for the purposes stated herein shall be the right to terminate this Agreement.
7.7 IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ACTUAL, DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF
THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE) OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER
FINANCIAL LOSS OR ANY OTHER DAMAGE ARISING OUT OF
PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT
BY THE COUNTY.
The County and the City agree each will be responsible for their own acts and
omissions under this Agreement and the results thereof including but not limited
to the acts or omissions of the party's subcontractors, employees and other
personnel and shall to the extent authorized by law defend, indemnify and hold
harmless the other party from any liability, claims, causes of action, costs or
expenses resulting directly or indirectly from such acts and/or omissions. Each
party shall not be responsible for the acts, errors or omissions of the other party
under the Agreement and the results thereof. The parties' respective liabilities
shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota
Statutes Chapter 466, and other applicable law. The statutory limits of liability for
some or all of the parties may not be added together or stacked to increase the
maximum amount of liability for any party. This paragraph shall not be construed
to bar legal remedies one party may have for the other party's failure to fulfill its
obligations under this Agreement. Nothing in this Agreement constitutes a
waiver by the City or County of any statutory or common law defenses,
immunities, or limits on liability.
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106
7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or
certified mail to the other party addressed as follows:
To the City: City of Golden Valley
7800 Golden Valley Road, Golden Valley, MN 55427
To the County: Hennepin County Administrator
A-2300 Government Center (233)
Minneapolis, MN 55487-0233
Copy to: Mark Chapin
Director, Taxpayer Services Department
A-600 Government Center (060)
Minneapolis, MN 55487-0060
7.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of
their duly 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 the other party and involve transactions relating to this Agreement.
Such materials shall be maintained and such access and rights shall be in force
and effect during the period of the contract and for six (6) years after its
termination or cancellation.
7.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one
of this Agreement are incorporated into and made a part hereof by this reference.
7.11 Survival of Provisions. It is expressly understood and agreed that the
obligations and warranties of the City and County hereof shall survive the
completion of performance and termination or cancellation of this Agreement.
7.12 Authority. The person or persons executing this Lease Agreement on behalf of
the City and County represent that they are duly authorized to execute this Lease
Agreement on behalf of the City and the County and represent and warrant that
this Lease Agreement is a legal, valid and binding obligation and is enforceable
in accordance with its terms.
7 13 The parties shall comply with applicable law including but not limited to the
provisions of the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13 (MGDPA).
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Page 7of8
107
Reviewed by the County
Attorney's Office
t
Dater
COUNTY BOARD AUTHORIZATION
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of Kvounty Boar
ATTEST:+Ak
Deput4C le rM County Board
Date:
And
Date
ministrator
City organized under:
StatutoryOption A
AUTHORIZATION
COUNTY OF HENNEPIN
STATE OF MINNESOTA
M-
Assistant/Deputy/County Ad
Department Director of
Date:
CITY OF Golden Valley
By:
Its: D N manqMef
And:
Its:
i,
Option B
Page 8 of 8
Charter
108
G
Agreement No.A165105
AGREEMENT
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, a political subdivision of
the State of Minnesota ("County"), and the CITY OF GOLDEN VALLEY("City').
1. TERM OF THE AGREEMENT
This Agreement shall commence on June 6, 2016 and expire on February 28, 2023,
unless cancelled or terminated earlier in accordance with the provisions of this
Agreement.
2. EQUIPMENT LICENSE
During the term of this Agreement and subject to the terms herein, County hereby
provides to City and grants City a limited, revocable, non-exclusive, royalty-free license
to use 30 KNOWiNK Poll Pad Hardware and Software units, 8 Verizon Jetpack Hotspot(s)
and 1 MR 18 Cisco Meraki wireless access point(s) (the "Election Equipment")
exclusively for official election use. Unless County otherwise agrees in writing, said
license is restricted to access and use of the Election Equipment by City's employees,
contracted personnel and duly authorized election officials performing election duties
and responsibilities on behalf of City.
The parties may agree by written addendum executed by all the parties to modify the
quantity or definition of the Election Equipment included within the scope of this
agreement. County hereby delegates authority to execute such an addendum to the
Hennepin County Elections Allanager. City hereby delegates authority to execute such
an addendum to its
Unless the parties otherwise agree, City shall provide and/or maintain, at City's sole cost
and expense, secure wireless and other telecommunications necessary for the operation
of the Election Equipment. Further and as necessary, City shall acquire or otherwise
provide all subscriptions, accounts or other licenses necessary for the operation of the
Election Equipment.
City shall secure, safeguard and control the Election Equipment, including but not
limited to system authentication and passwords, in the same manner that City secures,
safeguards and controls its own critical or confidential equipment, systems, software,
data, passwords or other information. While the Election Equipment is in City's
possession, custody and/or control, City shall exercise best efforts to (i) use and handle
the Election Equipment in a manner that avoids damage or harm to the Election
Equipment; (ii) use and handle the Election Equipment in accordance with County
Page 1 of 6
109
direction and any third-party specification; and (iii) safeguard and secure the Election
Equipment from theft, loss or other damage.
City shall be responsible for implementation of the Election Equipment.
Unless the parties otherwise agree, County or its designated third-party vendor shall be
perform all maintenance and repair of the Election Equipment. City shall not repair,
change, modify or alter the Election Equipment unless expressly authorized by County
or its designee. If any Election Equipment needs repair or maintenance, City shall follow
the direction and process provided by County. City acknowledges and agrees that, as
directed by County, (i) City may be required to deliver, at City's sole cost and expense,
Election Equipment to County or its designee for maintenance and repair; and (ii) City
may be required to provide access to the Election Equipment for inspection,
maintenance or repair during City's regular business hours, including but not limited to
granting the right to enter into and upon the premises where the Election Equipment is
located.
Upon reasonable notice, County shall have the right to enter into and upon the
premises where the Election Equipment is located for the purposes of inspecting the
Election Equipment or observing its use. On an annual basis, during the term of this
Agreement, City shall comply with County's request for verification of Election
Equipment inventory.
Upon the express written permission of County's Election Manager, or her/his
designee, City may sub-license Election Equipment to a school district within City's
territorial boundaries. Said sub-license shall be made pursuant to a written agreement,
between City and the school district and shall include substantially the same terms as
those contained herein.
3. OWNERSHIP
County represents and warrants and City acknowledges and agrees that County is duly
authorized to grant the license herein exclusively for use by City in its official elections.
Pursuant thereto, use of the Election Equipment for any other purpose other than that
authorized herein is strictly prohibited absent express written consent of County.
City acknowledges and agrees that the Election Equipment may contain proprietary and
trade secret information that is owned by a third party and is protected under state and
federal patent, copyright law or other laws, rules, regulations and decisions. City shall
protect and maintain the proprietary and trade secret status of the Election Equipment.
4. DISCLAIMER, LIABILITY AND LIMITATION OF LIABILITY
COUNTY, BY AND THROUGH ITS DULY AUTHORIZED VENDOR, IS PROVIDING THE
ELECTION EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS
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110
NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR
USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF
THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED.
CITY ACKNOWLEDGES AND AGREES THAT COUNTY DOES NOT OWN OR CONTROL THE
DATA SOURCE/SYSTEM NECESSARY FOR OPERATION OF THE ELECTION EQUIPMENT.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE
PERFORMANCE OF THE ELECTION EQUIPMENT OR RELATED COMMUNICATIONS OR
CONNECTIONS TO ANY DATA SOURCE/SYSTEM, THAT THE DATA SOURCE/SYSTEM WILL
BE UNINTERRUPTED OR ERROR FREE, THAT THE DATA IS ACCURATE, COMPLETE AND
CURRENT OR THAT DATA DEFECTS WILL BE CORRECTED, OR THAT THE DATA
SOURCE/SYSTEM IS FREE OF HARMFUL CODE.
IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR
ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF COUNTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY'S SOLE LIABILITY AND CITY'S
SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO LIABILITY FOR ELECTION EQUIPMENT
NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR
CORRECTING THE ELECTION EQUIPMENT TO THE EXTENT AND DEGREE COUNTY IS
CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE
PERTINENT CIRCUMSTANCES.
Subject to the foregoing limitation of liability and to the provisions (below) regarding
responsibility for the costs related to lost, stolen, destroyed or damaged Election
Equipment, each party shall be responsible for their own acts and omissions and the
results thereof to the extent authorized by law. The parties are not agreeing, in any
manner whatsoever, to be responsible for the acts or omissions of the other party. As
applicable, County's liability is governed by the provisions of Minnesota Statutes,
Chapter 466 and City's liability is governed by the provisions of
110 0) UTIOLI q1116) The statutory limits of liability for the parties may
not be added together or stacked to increase the maximum amount of liability for either
or both parties.
5. ROYALTY FREE LICENSE - OTHER COSTS
Except as expressly set forth below, City shall not pay County any amount for the license
granted herein.
City shall be responsible for the cost and expense of Election Equipment delivery from
and to a location as directed by County.
Page 3 of 6
111
Except for routine wear and tear resulting from use in conformance with the terms
herein, City shall be responsible for and shall pay all costs, including but not limited to
shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or
damaged Election Equipment.
Upon expiration or termination of this Agreement for any reason, City shall, at City's
sole cost and expense, deliver, or have delivered, the Election Equipment to County or
its designee, complete and in good order and working condition, except with respect to
Election Equipment with defects attributable to County's vendor or supplier.
6. TERMINATION
This Agreement may be terminated by either party upon seven (7) day written notice to
the other. Termination of this Agreement by either party and for any reason shall not
relieve City of any duties or obligations hereunder including but not limited to the
obligation to safely and securely return and deliver the Election Equipment as set forth
above.
7. DATA PRACTICES
The parties, their officers, agents, owners, partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state
and federal laws, rules, regulations and orders relating to data privacy or confidentiality,
which may include the Health Insurance Portability and Accountability Act of 1996
HIPAA).
8. ADDITIONAL PROVISIONS
The parties shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted including but not limited to the
MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section
471.425, subd. 4a and, as applicable, COUNTY's Affirmative Action Policy.
No delay or omission by either party hereto to exercise any right or power occurring
upon any noncompliance or default by the other party with respect to any of the terms
of this Agreement shall impair any such right or power or be construed to be a waiver
thereof unless the same is consented to in writing. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be observed by the other
shall not be construed to be a waiver of any succeeding breach thereof or of any
covenant, condition, or agreement herein contained. All remedies provided for in this
Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies
available to either party at law, in equity, or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
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112
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 hereof. Except as expressly provided
herein, 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 hereto.
City shall not assign, sublicense or transfer this Agreement or the rights, duties and
obligations herein, either in whole or in part, without the prior written consent of
County, and any attempt to do so shall be void and of no force and effect.
It is expressly understood and agreed that the obligations and warranties of City and
County hereof shall survive the completion of performance and termination or
cancellation of this Agreement.
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Page 5 of 6
113
APPROVAL
COU 0 -JENNEPIN
Reviewed by the County STAT OF MIOT
Attorney's Office
By:
Aunty Adm'
Date:
Date:
CONTRACTOR
CONTRACTOR warrants that the person who
executed this Agreement is authorized to do so on
behalf of CONTRACTOR as required by applicable
articles, bylaws, resolutions or ordinances*.
CITY OF GOLDEN VALLEY
Printed Name:—64 V114
Printed Title: 0 1 k AW-k LP
n
Date: 4
Page 6 of 6
114
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.3. Authorize Subscription Agreement with Cartegraph Systems LLC
Prepared By
Sue Virnig, Finance Director
John Peterson, Information Technology Supervisor
Summary
The City has made significant investments in its infrastructure, including mapping and data that
support the physical infrastructure. Staff purchased Cartegraph to help inventory, track, and report
maintenance of many public assets and provide more efficient and effective customer service. The City
is managing the following assets in Cartegraph:
vehicle maintenance fleet and parts
sanitary sewer mains and structures
water mains, laterals, hydrants, valves, main break reporting, meter inventory
storm sewer mains and structures
stormwater treatment facilities, ponds and wetlands, MPCA stormwater permit reporting
street segments, pavement condition and analysis
pavement markings (striping)
street signs
City trees
snow plowing
sanitary I & I compliance and FOG ordinance compliance
ROW and stormwater permits inspection and compliance
parks, ice rink maintenance, mowing, playground inspections
sidewalk and ramp ADA compliance
Financial or Budget Considerations
The term of the agreement is for three years. 2023 is year one and is $46,928 for software. 2024 is
year 2 and is $48,335.84 for software. 2025 is year 3 and is $49,785.92. The 2023 Capital Improvement
Fund has $50,000 for this agreement.
Legal Considerations
This is a renewal of a contract every three years. The contract terms were reviewed by the City
Attorney.
115
Equity Considerations
This software allows us to combine information to give us valuable tools to to help advise us to meet
the equity plan and four key pillars.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Subscription Agreement with
Cartegraph Systems, LLC in the form approved by the City Attorney for the term of three consecutive
years for a total of $145,049.76.
Supporting Documents
Subscription Agreement with Cartegraph Systems
116
City of Golden Valley / 1/18/2023
City of Golden Valley
Cartegraph Solutions
Master Agreement
Master Agreement: MA-22-04667
Date Prepared: 1/18/2023
Date of Expiration: 2/28/2023
For any questions or assistance, please contact:
Nate Huinker
Sales Account Manager
Phone: (800) 688-2656
Mobile: +1 5635139167
Email: natehuinker@cartegraph.com
Cartegraph Systems LLC
a wholly owned subsidiary of OpenGov, Inc.
3600 Digital Drive
Dubuque, IA 52003-8962
http://www.cartegraph.com
Toll Free: (800) 688-2656
Phone: (563) 556-8120
Fax: (563) 556-8149
Page 1 of 21 117
City of Golden Valley / 1/18/2023
Master Agreement
Cartegraph Systems LLC, a wholly owned subsidiary of OpenGov, Inc., is pleased to present this Master
Agreement for its world-class technology solutions. This Master Agreement is made and entered into between
City of Golden Valley (hereinafter referred to as "City of Golden Valley", or "Customer") and Cartegraph Systems
LLC, a wholly owned subsidiary of OpenGov, Inc (hereinafter referred to as "Cartegraph"), each referred to as a
"Party" or collectively as the "Parties" and is effective when fully executed by both Parties ("Effective Date").
This Master Agreement 1) will exclusively govern Customer's access to and use of Solution Subscriptions and/or
Solution Services; 2) is the complete and sole understanding and agreement between Parties, and supersedes
any oral or written proposal, agreement, or other communication between the Parties; 3) may only be modified or
amended in writing as permitted herein; 4) is governed by the terms and conditions of the Cartegraph Solutions
Agreement (Addendum A), unless (i) otherwise set forth herein, or (ii) there is an applicable written Customer
Agreement executed by the Parties that directly references this Master Agreement, for the Solutions referenced
in this Master Agreement. Any inconsistency between the documents shall be resolved by giving precedence to
1)a Customer Agreement (if applicable), 2) this Master Agreement, and 3) the Cartegraph Solutions Agreement.
The term of this Master Agreement shall begin on the Effective Date and continue until it is terminated as permitted
herein. The duration of time specified in the Investment Summary of this Master Agreement shall be the "Initial
Term." Subsequently executed Sales Orders under this Agreement may add additional Solution Subscriptions
and/or Solution Services to the Initial Term as well as renew the Solution Subscriptions and/or Solution Services
for successive periods, each a "Renewal Term."
BY EXECUTING OR REFERENCING THIS MASTER AGREEMENT, THE PARTIES ACKNOWLEDGE THAT
THEY HAVE REVIEWED THE TERMS AND CONDITIONS SET FORTH HEREIN AND ANY EXHIBITS, AND
THE PARTIES AGREE TO BE LEGALLY BOUND BY SUCH AGREEMENT.
CUSTOMER ADDRESS:LICENSEE ADDRESS:
City of Golden Valley
7800 Golden Valley
Golden Valley, Minnesota
55427
City of Golden Valley
7800 Golden Valley
Golden Valley, Minnesota
55427
The following Addendums are attached to this Master Agreement and are incorporated by reference:
ADDENDUM A - SOLUTIONS AGREEMENT, CITY OF GOLDEN VALLEY, MN, MODIFIED 01/18/2023
ADDENDUM B - Not Used
ADDENDUM C - Not Used
ADDENDUM D - Not Used
ADDENDUM E - CARTEGRAPH OMS EDITIONS
ADDENDUM F - Not Used
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City of Golden Valley / 1/18/2023
Investment Summary
The following represents the requested Solution Subscriptions and/or Solution Services along with their related
durations (Terms).
Term 01 - 3/1/2023 - 2/29/2024 -
Subscription
No.Product Code Quantity Price
1 OMS Plus
Includes Hosted Test Environment
OMSPLS 1 USD 13,828.00
2 Integration Toolkit (option)OMSAPI 1 USD 600.00
3 Scenario Builder (option)OMSSCB 1 USD 800.00
4 Asset Builder (option)OMSABD 1 USD 400.00
5 Facilities Domain DOM001 1 USD 2,400.00
6 Parks & Recreation Domain DOM004 1 USD 1,000.00
7 Sanitary Sewer Domain DOM005 1 USD 2,400.00
8 Signal Domain DOM006 1 USD 1,200.00
9 Stormwater Domain DOM007 1 USD 2,400.00
10 Transportation Domain DOM008 1 USD 1,800.00
11 Walkability Domain DOM009 1 USD 600.00
12 Water Distribution Domain DOM010 1 USD 2,400.00
13 OMS User OMSUSR 50 USD 16,000.00
14 Systems Integration Support
Gasboy Fuel Integration
SYITSU 1 USD 1,100.00
Term 01 - 3/1/2023 - 2/29/2024 - Subscription TOTAL:USD 46,928.00
Term 02 - 3/1/2024 - 2/28/2025 -
Subscription
No.Product Code Quantity Price
1 OMS Plus
Includes Hosted Test Environment
OMSPLS 1 USD 14,242.84
2 Integration Toolkit (option)OMSAPI 1 USD 618.00
3 Scenario Builder (option)OMSSCB 1 USD 824.00
4 Asset Builder (option)OMSABD 1 USD 412.00
5 Facilities Domain DOM001 1 USD 2,472.00
6 Parks & Recreation Domain DOM004 1 USD 1,030.00
7 Sanitary Sewer Domain DOM005 1 USD 2,472.00
8 Signal Domain DOM006 1 USD 1,236.00
9 Stormwater Domain DOM007 1 USD 2,472.00
10 Transportation Domain DOM008 1 USD 1,854.00
11 Walkability Domain DOM009 1 USD 618.00
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City of Golden Valley / 1/18/2023
No.Product Code Quantity Price
12 Water Distribution Domain DOM010 1 USD 2,472.00
13 OMS User OMSUSR 50 USD 16,480.00
14 Systems Integration Support
Gasboy Fuel Integration
SYITSU 1 USD 1,133.00
Term 02 - 3/1/2024 - 2/28/2025 - Subscription TOTAL:USD 48,335.84
Term 03 - 3/1/2025 - 2/28/2026 -
Subscription
No.Product Code Quantity Price
1 OMS Plus
Includes Hosted Test Environment
OMSPLS 1 USD 14,667.92
2 Integration Toolkit (option)OMSAPI 1 USD 636.00
3 Scenario Builder (option)OMSSCB 1 USD 849.00
4 Asset Builder (option)OMSABD 1 USD 424.00
5 Facilities Domain DOM001 1 USD 2,547.00
6 Parks & Recreation Domain DOM004 1 USD 1,061.00
7 Sanitary Sewer Domain DOM005 1 USD 2,547.00
8 Signal Domain DOM006 1 USD 1,273.00
9 Stormwater Domain DOM007 1 USD 2,547.00
10 Transportation Domain DOM008 1 USD 1,910.00
11 Walkability Domain DOM009 1 USD 636.00
12 Water Distribution Domain DOM010 1 USD 2,547.00
13 OMS User OMSUSR 50 USD 16,974.00
14 Systems Integration Support
Gasboy Fuel Integration
SYITSU 1 USD 1,167.00
Term 03 - 3/1/2025 - 2/28/2026 - Subscription TOTAL:USD 49,785.92
Summary By Term - Includes Services & Subscriptions
_____________________________________________________________________________________________________________________________
Total Term 1 USD 46,928.00
Total Term 2 USD 48,335.84
Total Term 3 USD 49,785.92
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City of Golden Valley / 1/18/2023
Investment Notes:
•Any Customer Purchase Order, Contract, and/or Agreement must reference Cartegraph Master
Agreement: MA-22-04667.
•Purchasing the Solutions presented herein through any alternative procurement method will require
a revised price proposal which may include an associated price adjustment.
•When attached to this Agreement, the Services specified in Addendum B - Services Scope of Work
provide implementation and configuration support for Cartegraph's proprietary technology products
and are not, nor do they result in, work product or works for hire.
•The preprinted terms of a purchase order or any other similar document will not apply to or modify
this Master Agreement or any other mutually agreed upon autorenewal thereof.
•Prices may include discounts, concessions, or incentives that are only applicable to this transaction
and should not be assumed for future purchases.
•Prices do not include any taxes that may apply at the time of invoicing. If applicable, any such taxes
are the responsibility of Customer and will appear on the respective invoice.
•Prices do not include any applicable Esri ArcGIS licenses.
•Prices are in U.S. Dollars ($USD).
•Prices for the Initial Term are valid only if this Master Agreement is executed by 2/28/2023.
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City of Golden Valley / 1/18/2023
Payment
In consideration for the Solutions provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the
Fees as described below:
DELIVERY
Upon execution of this Master Agreement, Cartegraph will provide the Solution Subscriptions and/or Solution
Services as detailed in the Investment Summary.
SOLUTION SUBSCRIPTION INVOICING
Customer shall be provided with the ability to access and use the Solution Subscriptions upon execution
of this Master Agreement. The payment for the initial term is due upon execution of the Master Agreement.
Payment for any subsequent renewal terms will be due in annual installments as specified herein and prior to
the anniversary of the initial term in the amount(s) that follow:
• Term 1: $46,928.00
• Term 2: $48,335.84
• Term 3: $49,785.92
PAYMENT
•All payments are due Net 30 days from date of invoice.
•All payments are to be in U.S. Dollars ($USD).
•For customers within the United States, any applicable taxes required at the time of invoice will be
determined based on the laws and regulations of the taxing authority(s) governing the "Customer
Address" identified herein.
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City of Golden Valley / 1/18/2023
Acceptance
BY SIGNING BELOW, EACH PARTY AGREES THAT 1) ITS SIGNATORY HAS THE AUTHORITY TO
BIND THEIR PARTY TO THIS OBLIGATION, AND 2) THAT ALL USE AND ACCESS TO THE SOLUTION
SUBSCRIPTION AND/OR SOLUTION SERVICES DESCRIBED HEREIN SHALL BE GOVERNED BY THE
TERMS AND CONDITIONS IN THE FOLLOWING ORDER OF PRECEDENCE A) A CUSTOMER AGREEMENT
(IF APPLICABLE), B) THIS MASTER AGREEMENT AND ALL AGREEMENTS AND ADDENDUMS
SPECIFICALLY REFERENCED HEREIN, AND C) THE CARTEGRAPH SOLUTIONS AGREEMENT.
Cartegraph Systems LLC, a wholly owned subsidiary of OpenGov, Inc.:
By:
(Signature)
(Print Name)
Title:
Date:
City of Golden Valley: FEBRUARY 7, 2023
By:
(Signature)
Title: Mayor
By:
Page 7 of 21
Title: City Manager
123
ADDENDUM A: SOLUTIONS AGREEMENT
City of Golden Valley, MN, Last Modified: 01/18/2023
This Cartegraph Solutions Agreement (“Agreement”) is a contract between Cartegraph Systems LLC, a
Delaware corporation, having its principal place of business at 3600 Digital Drive, Dubuque, Iowa 52003
(“Cartegraph”) and you, or if you represent an entity or other organization, that entity or organization, (in either
case, the “Customer”). Cartegraph and Customer may be referred to in this Agreement collectively as the
“parties” or individually as a “party.”
Cartegraph provides certain hosted operations management and asset management solutions (the
“Cartegraph Solutions” or “Solutions”). Customer desires to purchase a subscription to access and use certain
of the Cartegraph Solutions for Customer’s own internal use and operations.
This Agreement sets forth the terms and conditions under which Cartegraph will agree to provide Customer
with a subscription to access and use those Solutions specified in written Purchase Agreements referencing
this Agreement entered into by Cartegraph and Customer (each, a “Purchase Agreement”) and perform those
services specified in each Purchase Agreement (the services provided by Cartegraph under this Agreement,
including the services made available through the Solutions, the “Services”). All access to and use of the
Solutions and the performance of all Services are subject to the terms of this Agreement.
This Agreement includes any Purchase Agreement entered into by the parties referencing this Agreement and
any written Addendum attached to a Purchase Agreement, including descriptions of any Solutions or Services
(each, an “Addendum”), all of which are hereby incorporated into and made a part of this Agreement. Unless
you later enter into any other Agreement with Cartegraph regarding the Solutions and Services, this Agreement
is the complete and exclusive statement of the agreement between the parties and supersedes any proposal
or prior agreement, oral or written, and any other communications between the parties, in relation to the subject
matter of this Agreement. Terms used in this Agreement will have the definitions given in this Agreement or, if
not defined in this Agreement, will have their plain English (US) meaning.
PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, THROUGH THE
EXECUTION OF A PURCHASE AGREEMENT THAT REFERENCES THIS AGREEMENT, OR BY
CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU AGREE
THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT OR
ANY PURCHASE AGREEMENT, CARTEGRAPH IS NOT WILLING TO PROVIDE YOU, AS CUSTOMER,
WITH ACCESS TO OR USE OF CARTEGRAPH SOLUTIONS OR SERVICES, AND YOU MUST NOT
ACCESS OR USE CARTEGRAPH SOLUTIONS OR SERVICES. IF YOU ACCESS OR USE CARTEGRAPH
SOLUTIONS OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED
IN THIS AGREEMENT AND ANY PURCHASE AGREEMENT, AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS HEREIN.
1.TERM.
The term of this Agreement shall begin upon the execution of an initial Purchase Agreement under this
Agreement and, unless earlier terminated as permitted herein, shall continue for the period of time specified in
that Purchase Agreement (“Initial Term”). The execution of any subsequently added Purchase Agreement
under this Agreement shall not extend the Initial Term unless otherwise expressly stated in that Purchase
Agreement. Unless otherwise stated in an applicable Purchase Agreement under this Agreement, the Initial
Term of this Agreement shall automatically renew for successive additional 1 year renewal periods (each, a
“Renewal Term”) unless either party provides the other party with written notice of its intent not to renew this
Agreement at least 60 days before the end of the Initial Term or any such Renewal Term.
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2. SOLUTIONS.
2.1 FUNCTIONALITY.
The Solutions will include the functionality described in the applicable Purchase Agreement or Addendum for
each Solution. Cartegraph may from time to time update, change, or revise the functionality of the Solutions,
provided the functionality of the Solutions is not materially decreased from that described in the applicable
Purchase Agreement or Addendum to a Purchase Agreement.
2.2 SUBSCRIPTION.
Subject to the terms and conditions of this Agreement, during the term of this Agreement Cartegraph will
provide Customer with a non-exclusive, non-transferable, and non-sublicensable subscription to allow
employees and independent contractors of Customer (“Users”) to access and use the Solutions, solely for
purposes of Customer’s own internal use and operations. If Customer has purchased a per-user subscription,
as indicated in the applicable Purchase Agreement, only the finite number of subscriptions indicated in each
applicable Purchase Agreement have been purchased by Customer and only that finite number of Users may
access and use the Solutions at any given time. If Customer has purchased an unlimited subscription, as
indicated in the applicable Purchase Agreement, all Users associated with Customer are permitted to access
and use the Solutions at any given time. In either case, the subscription applies only to the Users and does not
allow access to or use of the Solutions by any affiliated entities or organizations, or any other entity unless
approved in advance by Cartegraph in writing.
2.3 ACCESS.
Customer may access the Solutions solely through the account established for Customer (an “Account”).
Customer will be permitted to establish user identifications and passwords through which individual Users may
access the Solutions through Customer’s Account (“User IDs”). Each User ID is issued to a specific User and
may be used only by that User. Customer will ensure that all information about each User provided to
Cartegraph in connection with establishing each User ID is accurate and complete and will maintain that
information as accurate and complete throughout the term of this Agreement. Customer is and will remain
solely responsible for all use of the Solutions by any User and for compliance by each User with the applicable
terms of this Agreement. If Customer authorizes an independent contractor or consultant as a User, in addition
to being responsible for such independent contractor’s or consultant’s actions as a User, Customer shall also
require such independent contractor or consultant to agree to terms at least as protective of the Solutions as
those contained in this Agreement prior to being granted access to the Solutions. Customer will ensure the
security and confidentiality of each User ID and will use commercially reasonable efforts to prevent
unauthorized access to or use of the Solutions. Customer will notify Cartegraph promptly of any such
unauthorized access or use of the Solutions or if any User ID is lost, stolen, or otherwise compromised.
Customer acknowledges that Customer is and will remain fully responsible for all costs, fees, liabilities, or
damages incurred through any access to or use of the Solutions through Customer’s Account or by any User
(whether lawful or unlawful) and that any Services used or transactions facilitated through Customer’s Account
or under any User ID will be deemed to have been completed by Customer. In no event will Cartegraph be
liable for the foregoing obligations or any failure by Customer to fulfill such obligations.
2.4 RESTRICTIONS.
The Solutions, the software, hardware, databases, and other technology used by or on behalf of Cartegraph to
provide the Solutions (the “Cartegraph Technology”), and their structure, organization, and underlying data,
information, and source code, constitute valuable trade secrets of Cartegraph and its licensors. As a condition
to the use of and access to the Solutions, Customer will not, and will not permit any User or other third party to:
(a) access or use the Solutions except as expressly permitted by this Agreement; (b) access or use the
Cartegraph Technology directly, except through the Solutions as expressly provided in this Agreement; (c) use
the Solutions in any unlawful or illegal manner or in any other manner that could damage, disable, overburden
or impair the Cartegraph Technology; (d) use automated scripts to collect information from or otherwise interact
with the Cartegraph Technology; (e) alter, modify, reproduce, create derivative works of the Cartegraph
Technology; (f) distribute, sell, resell, lend, loan, lease, license, sublicense, transfer, or otherwise make
available the Solutions or any of Customer’s rights to access or use the Solutions or any Service to any third
party; (g) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method
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of operation of or any trade secrets embodied in the Cartegraph Technology; (h) attempt to circumvent or
overcome any technological protection measures intended to restrict access to any portion of the Cartegraph
Technology; (i) use the Cartegraph Technology for purposes of monitoring their availability, performance or
functionality, or for any other benchmarking, business intelligence, data mining, or competitive purposes; or (j)
interfere in any manner with the operation or hosting of the Cartegraph Technology.
2.5 THIRD PARTY OFFERINGS.
Customer agrees and acknowledges that certain portions of the Solutions may be provided by third-party
providers (“Third-Party Offerings”). Customer’s access to and use of any Third-Party Offering is also subject to
any other agreement separate from this Agreement that Customer may enter into (or may have entered into)
relating to those Third-Party Offerings (“Third Party Terms”). In addition to the terms of this Agreement, access
to and use of each Third-Party Offerings is also subject to the terms and conditions of any Third-Party Terms
applicable to that Third-Party Offering. Except as set forth in this Agreement, any applicable Third-Party Terms
will control in the event of a conflict between the terms of this Agreement and those Third-Party Terms. Except
as expressly set forth in any Third-Party Terms, You are granted no licenses or rights, whether by implication,
estoppel, or otherwise, in or to any Third Party Offerings.
3. SERVICES.
If Customer enters into a Purchase Agreement, including any applicable Addendum specifying any of the
following Services, Cartegraph will use commercially reasonable efforts to provide those Services to Customer
during the term of this Agreement. All such Services are provided subject to the terms and conditions of this
Agreement. Cartegraph has no obligation to provide any of the following Services unless specified in a
Purchase Agreement or Addendum to this Agreement.
3.1 ON-SITE INSTALLATION SERVICES.
Cartegraph will provide Customer with deployment and installation Services for the Solutions if indicated in a
Purchase Agreement (“On-Site Installation Services”). On-Site Installation Services will be subject to
scheduling in cooperation with Customer. Customer will provide all equipment and hardware stated in such
Purchase Agreement, and any additional equipment and hardware reasonably necessary for the operation of
the Solutions. Customer shall be responsible for maintaining the equipment and hardware, which shall include
providing sufficient resources (e.g., electricity, HVAC, or other resources) necessary for the equipment and
hardware to properly operate. Cartegraph’s warranties and indemnification obligations contained in this
Agreement shall be limited to the extent that such obligation arises from Customer’s equipment and hardware.
Customer shall coordinate with Cartegraph to provide Cartegraph with the level of access to the equipment
and hardware to perform On-Site Installation Services and any other Services as specified in a Purchase
Agreement. If no level of access is specified in a Purchase Agreement, then all access by Cartegraph to the
equipment and hardware shall be remote access. Unless otherwise specified in a Purchase Agreement,
Cartegraph shall have no obligation to perform the On-Site Installation Services, or any other Services, on
Customer’s premises. If Cartegraph determines that it is necessary to perform any Services on Customer’s
premises, Cartegraph shall first receive approval from Customer prior to performing such Services on
Customer’s premises. Cartegraph shall have no responsibility to Customer for any liability to the extent that
such liability arises from Customer’s failure to provide Cartegraph sufficient or timely access to the equipment
or hardware. Customer understands that Customer does not receive any rights to the Cartegraph Technology
separate and apart from Customer’s right to access the Solutions installed on-site by Cartegraph as described
in this Agreement. If Customer requires additional rights to access the Solutions, Customer shall obtain
Cartegraph’s prior written consent. Upon termination or expiration of this Agreement, Customer will immediately
either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Technology then in
Customer’s possession or control and certify in writing signed by an officer of Customer that it has fully complied
with the foregoing obligations.
3.2 SUPPORT SERVICES.
Cartegraph will provide Customer with support Services for the Solutions as specified in Addendum C if such
Addendum is attached to a Purchase Agreement (“Support Services”).
3.3 FIELD SERVICES.
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Cartegraph will provide Customer with the field implementation Services for the Solutions as specified in
Addendum B if such Addendum is attached to a Purchase Agreement (“Field Services”). Field Services will be
subject to scheduling in cooperation with Customer.
3.4 DATA SERVICES.
Cartegraph will provide Customer with the data collection Services for the Solutions as specified in Addendum
C if such Addendum is attached to a Purchase Agreement (“Data Services”). Data Services will be subject to
scheduling in cooperation with Customer.
3.5 PROFESSIONAL SERVICES.
Cartegraph will perform any additional professional Services relating to the Solutions (“Professional Services”)
if specified in any written statement of work mutually agreed to by both parties under this Agreement.
Cartegraph will perform all Professional Services at the rates for those Professional Services set forth in each
applicable statement of work, or, if no rates are set forth in an applicable statement of work, at Cartegraph’s
then-current rates for those Professional Services. Professional Services shall be performed during the working
hours stated in the statement of work applicable to those Professional Services, or, if no working hours are
stated, the Professional Services will be provided during the hours of 7:00 a.m. to 7:00 p.m., Central Standard
or Central Daylight Time, whichever is applicable, Monday through Friday excluding holidays.
4. SOFTWARE.
Cartegraph may provide Customer with software in connection with the Solutions (“Software”). Unless any
Software provided by Cartegraph in connection with the Solutions is subject to a license or other agreement
separate from this Agreement that Customer has entered into (or may enter into) with Cartegraph (a “Software
License Agreement”), Cartegraph grants Customer a limited, non-exclusive, non-transferrable, non-assignable,
license solely to install and execute the Software in accordance with the instructions provided by Cartegraph
for Customer’s own internal use and operations in connection with Customer’s access to and use of the
Solutions. Except as expressly set forth in the foregoing sentence (or any applicable Software License
Agreement), Customer is granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to
any Software, and Customer may not modify, reproduce, perform, display, create derivative works from,
republish, post, transmit, transfer, sell, distribute, or in any way exploit any Software without the prior written
permission of Cartegraph. Except as set forth in this Agreement, the terms of any Software License Agreement
will control in the event of a conflict between the terms of this Agreement and that Software License Agreement.
Customer agrees that use of the Software is limited as described in the Purchase Agreement, as either: (1)
Browser Based User – Each browser-based User is defined by User ID; or For Server Software – One copy of
Software for each server. Customer agrees that Cartegraph may audit Customer’s Software usage remotely
or on-site upon reasonable notice and during standard business hours. Prevention of audit by Customer may
be grounds for termination of this Agreement. Cartegraph and its licensors will not be responsible to Customer
for loss of use of any Software or for any other liabilities arising from alterations, additions, adjustments, or
repairs which are made to any Software by Customer or other third parties. Cartegraph reserves the right to
terminate the licenses granted to any Software or any Services provided in connection with that Software upon
written notice to Customer if any such alteration, addition, adjustment, or repair adversely affects Cartegraph’s
ability to render Services.
5. FEES AND PAYMENT.
5.1 FEES.
Customer agrees to pay Cartegraph all fees specified in any Purchase Agreement and as otherwise specified
in this Agreement (“Fees”).
5.2 PAYMENT.
All Fees will be invoiced in advance in accordance with the terms applicable to such Fees. If no terms for an
applicable Fee are set forth in the applicable Purchase Agreement, such Fees will be invoiced on a monthly
basis following the end of the month in which they were incurred. All Fees as set forth on each invoice issued
by Cartegraph under this Agreement will be due and payable by Customer in immediately available U.S. funds
within 30 days of the date of invoice. If Customer has not made payment within 30 days of the date of invoice,
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Customer shall be in default. Customer’s default will constitute sufficient cause for Cartegraph to suspend
Customer’s access to the Solutions or any Services upon notice to Customer. All Fees will be non-refundable
once paid to Cartegraph (including upon any termination or suspension of this Agreement). Until paid in full, all
past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount
permitted under applicable law. If Cartegraph requires use of collection agencies, attorneys, or courts of law
for collection on Customer’s account, Customer will be responsible for those expenses. Customer will be
responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement.
5.3 TAXES.
The Fees do not include any local, state, provincial, federal or foreign taxes, levies, assessments, duties, or
other governmental charges of any kind or nature, including, without limitation, any value-added tax (VAT),
stamp or other similar tax, social security (or local equivalent), state or regional tax, or income or other federal
tax (“Taxes”). Customer is responsible for paying all Taxes that may be imposed by way of the performance of
either party under this Agreement, excluding only Taxes based on Cartegraph's net income. If Cartegraph is
found or deemed to have a legal obligation to pay or collect any Taxes for which Customer is responsible under
this Agreement, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides
Cartegraph with a valid tax exemption certificate authorized by the appropriate taxing authority.
5.4 FEE INCREASES.
Cartegraph may increase the Fees applicable to Customer to the then-current prices for the next Renewal
Term by providing notice of such increase at least 60 days before the beginning of such Renewal Term. If after
receiving such notice Customer wishes not to renew the Agreement for the next Renewal Term, Customer
must provide written notice to Cartegraph of Customer’s intent not to renew this Agreement at least 60 days
before the end of the Initial Term or any such Renewal Term.
5.5 EXPENSES.
Customer shall reimburse Cartegraph for reasonable expenses incurred during the provision of Services.
Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on
actual costs incurred. Estimated expenses shall be included in each Purchase Agreement. Cartegraph shall
not exceed the estimated expenses without written approval from Customer.
6. TERMINATION.
6.1 TERMINATION FOR CAUSE.
Either party may terminate this Agreement immediately upon notice to the other party if the other party: (a)
materially breaches this Agreement and fails to remedy such breach within 30 days after receiving notice of
the breach from the other party; (b) materially breaches this Agreement in a manner that cannot be remedied;
or (c) commences bankruptcy or dissolution proceedings, has a receiver appointed for a substantial part of its
assets, or ceases to operate in the ordinary course of business.
6.2 SERVICE DISCONTINUANCE.
If Cartegraph at any time discontinues offering any Solutions or any Services to customers, Cartegraph will
give Customer reasonable advance notice of such discontinuation. Upon such date of discontinuation,
Cartegraph will have the right to terminate this Agreement as to those Solutions or Services upon notice to
Customer. As of the date of termination, Cartegraph will credit to Customer, on a pro-rated basis, any pre-paid
Fees under this Agreement and Cartegraph shall have no further obligation to provide the Solutions or any
Service under this Agreement.
6.3 SUSPENSION.
Without limiting Cartegraph’s right to terminate this Agreement, Cartegraph may suspend Customer’s access
to the Solutions or any Services upon notice to Customer following any breach of this Agreement if deemed
reasonably necessary by Cartegraph to prevent any damage, injury, or harm to Cartegraph, the Cartegraph
Technology, any other Cartegraph customer, or any third party.
6.4 EFFECT OF TERMINATION.
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All Purchase Agreements shall terminate immediately upon termination of this Agreement. Upon termination
or expiration of this Agreement for any reason, and following any applicable Transition Period: (a) Cartegraph
may cease providing access to all Solutions and Services under this Agreement; (b) all subscriptions and other
rights and licenses granted to Customer under this Agreement will terminate; (c) Customer will immediately
cease all use of and access to all Solutions and Services; (d) all Fees and other amounts then owed by
Customer under this Agreement will become immediately due and payable to Cartegraph; (e) Customer will
immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Data and
Cartegraph Confidential Information (each as defined below) then in Customer’s possession or control; and (f)
Cartegraph will either return to Customer or, at Customer's discretion, destroy any Customer Data and
Customer Confidential Information) then in Cartegraph’s possession or control. The following Sections will
survive termination or expiration of this Agreement for any reason: 5 (Fees and Payment), 6.4(Effect of
Termination), 7 (Ownership), 10 (Disclaimer), 11 (Indemnification), 12 (Limitation on Liability), 14
(Confidentiality), 15 (Governing Law), 16 (Non-Solicitation), 17 (Force Majeure), 18 (Notice), and 19
(Additional Terms).
6.5 TRANSITION SERVICES.
Except in the case of a termination under Section 6.1 by Cartegraph, at any time prior to the effective date of
any termination or expiration of this Agreement, Customer may request that Cartegraph continue to provide
Customer with any Services then provided under this Agreement for purposes of transitioning and migrating
Customer off of the Solutions (“Transition Services”). Upon such request, the parties will develop a mutually
agreed to transition plan describing the Transition Services and each party’s respective obligations in
connection with the transition and migration of Customer off of the Solutions (“Transition Plan”). Cartegraph will
provide the Transition Services for the period agreed to in the Transition Plan, such period not to exceed 180
days following termination or expiration of this Agreement (the “Transition Period”). Customer will compensate
Cartegraph for all Transition Services at rates specified in the Transition Plan or, if no rates are agreed upon
by the parties prior to the performance of the Transition Services, at Cartegraph’s then current rates for the
Services. All Transition Services will otherwise be subject to the terms of this Agreement.
7. OWNERSHIP.
Cartegraph retains all right, title, and interest in and to the Solutions, Cartegraph Technology, Cartegraph Data,
any additions, improvements, updates, new versions, or other modifications thereto created by either party,
whether or not through the Services, alone, jointly, or with any third party, and all IPR (as defined below) therein
and related thereto. Customer does not receive any ownership interest in or to any of the foregoing, and no
right or license is granted to Customer to use any of the foregoing apart from Customer’s right to access and
use the Solutions under this Agreement. Customer will perform all acts reasonably necessary to assist
Cartegraph in perfecting and defending Cartegraph’s ownership interest in any of the foregoing. Without limiting
the foregoing, Customer agrees to and does hereby make all assignments necessary to provide Cartegraph
with the ownership rights set forth in this Section. All names and logos associated with the Solutions and other
Services are trademarks of Cartegraph (or its third-party providers) and no right or license is granted to
Customer to use them. Any rights not expressly granted to Customer hereunder are reserved by Cartegraph.
Customer will not remove or alter any proprietary rights legend on the Solutions, Cartegraph Technology, or
Cartegraph Data. For purposes of this Agreement, “IPR” means any and all intellectual property and other
proprietary rights throughout the world, including, all copyrights, trademarks, service marks, trade secrets,
patent rights, moral rights, rights in data and databases, and contract rights.
8. DATA.
8.1 CUSTOMER DATA.
As between Customer and Cartegraph, Customer retains ownership of all data, information, and other content
provided to Cartegraph or through the Solutions by or on behalf of Customer (“Customer Data”). Customer is
responsible for all Customer Data, including the accuracy, quality, integrity, legality, reliability, and
appropriateness thereof. Customer will obtain and maintain all authorizations, approvals, permissions, and
other rights necessary for Cartegraph to use and process all Customer Data in the performance of the Services
and any other obligations of Cartegraph under this Agreement. Customer will maintain an adequate back-up
of all Customer Data and, except for any express obligations of Cartegraph to maintain back-up copies of
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Customer Data, Cartegraph will not be responsible or liable for any deletion, correction, destruction, damage,
loss, or failure to store or back-up any of Customer Data.
8.2 CARTEGRAPH DATA.
As between Cartegraph and Customer, Cartegraph retains ownership of all data, information, and other content
provided to Customer through the Solutions and the other Services, excluding any Customer Data (“Customer
Data”). Subject to the terms of this Agreement, Customer may access the Cartegraph Data without modification
solely for Customer’s own internal business purposes in connection with Customer’s use of and access to the
Solutions. Cartegraph uses commercially reasonable measures to ensure the accuracy and reliability of all
Cartegraph Data, but except as expressly provided herein Cartegraph will not be responsible for any erroneous
data, information, or content provided through the Solutions. Except as expressly provided in this Agreement,
Customer is granted no rights in or to the Cartegraph Data.
8.3 DATA SECURITY.
Cartegraph shall establish and maintain during the term an information security policy providing for reasonable
administrative, technical, physical safeguards and security measures designed to protect against the
unintended or unauthorized destruction, loss, alteration, or access of any Customer Data in the possession or
control of Cartegraph, which safeguards and measures are compliant with applicable federal, state, provincial,
or local laws, rules, and regulations (“Laws”). Customer will establish and maintain during the term reasonable
and appropriate administrative, technical, and physical safeguards and security measures designed to protect
against the unintended or unauthorized destruction, loss, alteration, or access of any Cartegraph Data in the
possession or control of Customer, which safeguards and measures are consistent with applicable Laws. Each
party will promptly notify the other party of any data security breach or similar incident that has, or might have,
compromised the privacy or security of any Customer Data or, in the case of Customer, any Cartegraph Data
in the possession or control of such party.
8.4 DATA PRIVACY.
Cartegraph may use and disclose data and information collected through the operation of the Solutions solely
as described in this Agreement and in Cartegraph’s then-current privacy policy applicable to the Solutions.
Notwithstanding anything to the contrary in the privacy policy, Cartegraph will have the right to collect and
analyze non-personal information (data or information that does not identify an entity or natural person as the
source thereof) resulting from Customer’s access to and use of the Solutions. To the extent any such non-
personal information is collected or generated by Cartegraph, the data and information may be used by
Cartegraph, or its permitted service providers, for any lawful business purpose, provided that the data and
information is used only in an aggregated form, without directly identifying Customer, or any other User, as the
source thereof.
8.5 RECORDS/INSPECTION.
Pursuant to Minnesota Statutes § 16C.05, subd. 5, Cartegraph agrees that the books, records, documents,
and accounting procedures and practices of Cartegraph, that are relevant to the contract or transaction, are
subject to examination by Customer and the state auditor or legislative auditor for a minimum of six years.
Cartegraph shall maintain such records for a minimum of six years after final payment. The parties agree that
this obligation will survive the completion or termination of this Agreement and that the above documents that
are relevant to this transaction are the contract and any related invoices. In no event shall any audit occur: (1)
more than one (1) time per calendar year, (2) on less than three (3) business days prior written notice or outside
of Cartegraph’s normal business hours, and (3) on systems where such audit may, in Cartegraph’s sole
reasonable discretion, violate its third party confidentiality obligations.
8.6 DATA PRACTICES ACT COMPLIANCE.
Any and all data provided to Cartegraph, received from Cartegraph, created, collected, received, stored,
used, maintained, or disseminated by Cartegraph pursuant to this Agreement shall be administered in
accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13. Cartegraph agrees to notify the City within three business days if it
receives a data request from a third party. This paragraph does not create a duty on the part of the
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Cartegraph to provide access to public data to the public if the public data are available from the City,
except as required by the terms of this Agreement. These obligations shall survive the termination or
completion of this Agreement.
9. REPRESENTATIONS AND WARRANTIES.
9.1 GENERAL.
Each party represents, warrants, and covenants to the other party that: (a) it has and will continue to have
during the term hereof, all rights, power, and authority necessary to enter into this Agreement and perform all
of its obligations under this Agreement; (b) the performance of its obligations under this Agreement does not
and will not violate any Law applicable to such party’s performance, any rights of any third party, or any
agreement by which such party is bound; and (c) it will procure all rights, certificates, licenses, permits, or other
approvals required for its performance under this Agreement.
9.2 PERFORMANCE.
During the term of this Agreement, Cartegraph represents and warrants to Customer that Cartegraph will use
commercially reasonable efforts to maintain and verify that the Solutions operate in accordance with the
applicable documentation for the Solutions provided to Customer by Cartegraph and in accordance with any
other levels of performance specified in this Agreement or applicable Purchase Agreement. Cartegraph’s sole
obligation and Customer’s sole and exclusive remedy in the event of any failure of the Solutions to comply with
any such performance levels will be for Cartegraph to, at its option: (a) remedy the failure or re-perform the
affected Services; or (b) refund Customer the portion of any Fees applicable to the portion of the Solutions
subject to the failure.
9.3 NON-INFRINGEMENT.
Cartegraph represents and warrants to Customer that the use by Customer of the Solutions during the term
and in accordance with this Agreement (the “Covered Services”) will not infringe any third party U.S. patent or
copyright or misappropriate any third party trade secret in existence under any Laws of any state within the
U.S. As Cartegraph’s sole obligation and Customer’s sole and exclusive remedy for of any failure by Cartegraph
to comply with the foregoing sentence, Cartegraph will defend Customer against any such failure as set forth
in Section 11.2.
10. DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOLUTIONS AND ALL SERVICES
UNDER THIS AGREEMENT, AND ALL CARTEGRAPH DATA PROVIDED THROUGH THE SOLUTIONS OR
THOSE SERVICES, ARE PROVIDED TO CUSTOMER STRICTLY “AS IS” AND “AS AVAILABLE” AND
CARTEGRAPH AND ITS PROVIDERS EXPRESSLY DISCLAIM, AND CUSTOMER DISCLAIMS ANY
RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD
THERETO OR TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AVAILABILITY OR
ERROR-FREE OPERATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
CARTEGRAPH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE
SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY
SET FORTH IN THIS AGREEMENT.
11. INDEMNIFICATION.
11.1 GENERAL.
Cartegraph will defend Customer and its officers, directors, employees, and agents (its “Related Parties”) from
and against any claim, allegation or action (any “Action”) brought against Customer or one of its Related Parties
by a third party (other than by Customer itself or another of its Related Parties) to the extent relating to, resulting
from, or arising out of the gross negligence or willful misconduct of Cartegraph in the performance (or failure to
perform) any of its obligations under this Agreement. Cartegraph will further pay those losses, liabilities,
damages, fees, expenses, and costs (including reasonable attorneys' fees and court costs) (“Losses”) finally
awarded against Customer or one of its Related Parties in any such Action or those Losses agreed to in a
monetary settlement of such Action, as applicable.
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11.2 NON-INFRINGEMENT.
Cartegraph will defend Customer from and against any Action brought against Customer by a third party (other
than a Customer Related Party) that the use by Customer of the Covered Services infringes any U.S. patent,
or copyright or misappropriates any trade secret in existence under any Laws of any state within the U.S.
Cartegraph will pay those Losses finally awarded against Customer in any such Action or those Losses agreed
to in a monetary settlement of such Action, as applicable. If Customer is, or Cartegraph reasonably believes
Customer may be, enjoined from using any Covered Service due to an Action covered by this Section,
Cartegraph may procure the right for Customer to continue using the Covered Service, replace or modify the
Covered Service so that it becomes non-infringing, or terminate this Agreement and provide Customer a refund
of any pre-paid amounts applicable to the Covered Service (if any). Cartegraph will have no obligation under
this Section or otherwise with respect to any Action or Losses in the case of: (a) any use of any Covered Service
other than by Customer; (b) any use of any Covered Service not under and in accordance with this Agreement;
(c) any use of any Covered Service in combination with products, equipment, services, processes, software,
data or information not supplied by Cartegraph; or (d) any modification of or enhancement to any Covered
Service other than by Cartegraph. This Section constitutes Cartegraph’s sole and exclusive liability, and
Customer’s sole and exclusive remedy, for any infringement or misappropriation of IPR or any other rights
relating to the solutions.
11.3 BY CUSTOMER.
Not used.
11.4 CONDITIONS.
All obligation of each party to defend or indemnify the other party or any Related Party under this Agreement
are conditioned upon the party seeking defense or indemnification (the “Indemnified Party”) providing the other
party with: (a) prompt notice of any such claim for indemnification or defense after receiving notice thereof; (b)
sole control over the defense and settlement of such claim, provided that any settlement that will require the
other party to assume any liability other than the payment of monies will be subject to the other party’s prior
written consent; and (c) reasonable assistance in such defense or settlement (at the indemnifying or defending
party’s expense).
12. LIMITATION ON LIABILITY.
IN NO EVENT WILL CARTEGRAPH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THIS AGREEMENT,
INCLUDING THE USE OF OR ACCESS TO THE SOLUTIONS OR ANY SERVICES OR THE CARTEGRAPH
TECHNOLOGY (OR ANY CARTEGRAPH DATA), EVEN IF CARTEGRAPH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF DATA, OPPORTUNITY, LOSS OF
REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE
SERVICES. CARTEGRAPH’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS
AGREEMENT, THE SOLUTIONS, AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT,
WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO
CARTEGRAPH HEREUNDER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING CAUSE TO SUCH LIABILITY. CUSTOMER AGREES THAT THE FEES REFLECT THE
ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT CARTEGRAPH
WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN
JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES
IS NOT PERMITTED, CARTEGRAPH’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
13. INSURANCE.
If Cartegraph will provide Services at Customer’s location, Cartegraph will carry commercial general liability
insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability
insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage.
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14. CONFIDENTIALITY.
14.1 PROTECTION.
The parties expect to share information with each other related to the business and activities identified in this
Agreement (“Purpose”). Each party (the “Receiving Party”) may from time to time receive or otherwise obtain
data or information regarding the business, finances, services, or technology of the other party (the “Disclosing
Party”), including, without limitation, technical, advertising, marketing, sales, financial, pricing, employee,
customer, and planning information, or any other information that by its very nature the Receiving Party should
know is confidential (“Confidential Information”). The Receiving Party will not use any Confidential Information
of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the
Confidential Information of the Disclosing Party only to the employees or permitted contractors of the Receiving
Party who have a need to know such Confidential Information for purposes of this Agreement and who are
under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving
Party will protect the Disclosing Party’s Confidential Information in the same manner as the Receiving Party
protects its own confidential information of a similar nature and with no less than reasonable care.
14.2 CONFIDENTIAL OR PROPRIETARY INFORMATION.
Confidential Information means all trade secrets or proprietary information conveyed by one party to the other
as defined below. Each party will hold in confidence, and will not disclose to any unauthorized personnel, any
Confidential Information of the other party. Each party will use such Confidential Information only for the
Purpose for which it is intended. Each party deems all software and related documentation provided by the
other party to be Confidential Information.
For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to
the Disclosing Party and not generally known to the public, whether in tangible or intangible form, whenever
and however disclosed, including, but not limited to: (i) any marketing strategies, plans, financial information,
or projections, operations, sales estimates, business plans and performance results relating to the past, present
or future business activities of such party, its affiliates, subsidiaries and affiliated companies; (ii) plans for
products or services, and customer or supplier lists; (iii) any scientific or technical information, invention, design,
process, procedure, formula, improvement, technology or method; (iv) any concepts, reports, data, know-how,
works-in-progress, designs, development tools, specifications, computer software, source code, object code,
flow charts, databases, inventions, information and trade secrets; AND (a) any information marked
“Confidential” or “Proprietary” or the like; and (b) any other information that should reasonably be recognized
by Receiving Party as Confidential Information of the Disclosing Party. Confidential Information need not be
novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential
Information.
Information which is orally or visually disclosed by one party to the other, or is disclosed in writing without an
appropriate letter, proprietary stamp or legend, will constitute Confidential Information of the releasing party if:
(a) it would be apparent to a reasonable person, familiar with the business of the releasing party and the industry
in which it operates, that such information is of a confidential or proprietary nature; or (b) The releasing party,
within thirty (30) days after such disclosure, delivers to the receiving party a written document describing such
information and referencing the place and date of such oral, visual, or written disclosure, and the names of
receiving party personnel to whom such disclosure was made.
Each party agrees not to use any confidential or proprietary information received by it under this Agreement for
any purpose other than the Purpose. Except as otherwise permitted hereunder, each party agrees not to
disclose any Confidential Information received by it under this Agreement to any third party, corporation, or
other entity without the prior written consent of the other party and shall limit its disclosure to its employees
having a need to know such information. Each party will adopt and maintain programs and procedures which
are reasonably calculated to protect confidential or proprietary information, and will be responsible to the other
party for any unauthorized disclosure or misuse of confidential or proprietary information which results from a
failure to comply with this provision. Each party will promptly report to the other party any actual or suspected
violation of the terms of this Agreement and will take all reasonable further steps requested by and at the
expense of the offended party to prevent, control, or remedy any such violation.
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14.3 LIMITATION ON OBLIGATIONS.
The Receiving Party’s obligations with respect to any Confidential Information of the Disclosing Party will
terminate if such information: (a) was already lawfully known to the Receiving Party as of the Effective Date;
(b) is disclosed to the Receiving Party after the Effective Date by a third party who had the right to make such
disclosure without any confidentiality restrictions; or (c) is, or through no fault of the Receiving Party becomes,
generally available to the public. The Receiving Party may disclose the Confidential Information of the
Disclosing Party if compelled or required to do so by a court of competent jurisdiction or other governmental
entity having jurisdiction over the Receiving Party, including required disclosures under the Minnesota
Government Data Practices Act (the "MGDPA"), provided that the Receiving Party provides the Disclosing
Party with notice of such requirement and provides reasonable assistance to the Disclosing Party in any
attempts to contest such disclosure or obtain a protective order or other applicable limitation with respect to
such disclosure. In any event, the Receiving Party will be entitled to receive payment of its expenses and costs
actually incurred in responding to such disclosure request and will disclose only such portion of any Confidential
Information as it is legally compelled or required to disclose.
14.4 OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY
Each party is, and will remain, the exclusive owner, or is the authorized agent of the owner, of its software and
other Confidential Information. All patent, copyright, trade secret, trademark, and other intellectual property
rights remain solely with the party. No license or conveyance of any such rights to the other party is granted or
implied under this Agreement. Use, examination, reproduction, copying, disassembly, decompilation, transfer,
reverse engineering, or disclosure to others, in whole or in part, of a party’s software is strictly prohibited except
as provided for under this Agreement.
14.5 RETURN OF CONFIDENTIAL INFORMATION.
As permitted under the MGDPA, the Receiving Party will return to the Disclosing Party or destroy all
Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently
erase all electronic copies of such Confidential Information promptly upon the request of the Disclosing Party
or when such Confidential Information is no longer needed in connection with its performance under this
Agreement, whichever comes first. At the Disclosing Party’s request, the Receiving Party will certify in writing
signed by an officer of the Receiving Party that it has fully complied with the foregoing obligations.
15. GOVERNING LAW.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent
applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects
exclusively by the laws of the state/province where the Customer has its principal place of business. Each party
agrees that it will bring any action or proceeding arising from or relating to this Agreement exclusively in a
federal or state/provincial court in the state/province where the Customer has its principal place of business,
and each party irrevocably submits to the personal jurisdiction and venue of any such court in any such action
or proceeding or in any action or proceeding brought in such courts.
16. NON-SOLICITATION.
During the term of this Agreement and for a period of 12 months thereafter, Customer will not, directly or
indirectly, for itself or on behalf of or in conjunction with any other third party, solicit, induce, hire, contract with,
or engage the employment of an employee of Cartegraph, unless Customer: (1) obtains the prior written
consent of Cartegraph, as applicable; and (2) pays Cartegraph as applicable a fee to be mutually agreed upon.
If Customer directly employs or contracts with an employee of Cartegraph without the prior written consent of
Cartegraph, Customer shall pay as damages 2 times the then yearly salary of the employee in question. The
parties acknowledge and agree that the foregoing is not intended as a penalty of any kind but as reasonable
and adequate compensation to Cartegraph in the event Customer should directly employ or contract with an
employee of Cartegraph without the prior written consent of Cartegraph.
17. FORCE MAJEURE.
Neither party will be held responsible for failure or delay in the performance of any obligation under this
Agreement, with the exception of the obligation to pay Fees, if such failure or delay is due to acts of God, war,
Page 18 of 21 134
terrorism, strikes, boycotts, labor disputes, fire or other loss of facilities, accident or any other cause beyond its
control (each, a “Force Majeure”). If the performance of any obligation under this Agreement by either party is
prevented, restricted or interfered with by reason of a Force Majeure event, the party whose performance is so
affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of
such Force Majeure event, provided that the party so affected will take all reasonable steps to avoid or remove
such causes of non-performance and will continue performance hereunder with dispatch whenever such
causes are removed.
18. NOTICE.
All notices, reports, consents, authorizations and approvals to be given by a party hereunder will be in writing
and will either be via: (1) hand-delivery; (2) reputable overnight mail service; (3) facsimile transmission, provided
that an original copy of a transmission will be delivered by some other means permitted under this Agreement;
or (4) certified mail, return receipt requested, to the other party at its respective addresses set forth above. All
notices will be effective upon receipt (or when delivery is refused), or 3 business days after being deposited in
the mail as required above, whichever occurs sooner. Either party may change its address for notice by giving
notice of the new address to the other party.
19. ADDITIONAL TERMS.
Unless otherwise amended as provided herein, this Agreement will exclusively govern Customer’s access to
and use of the Solutions and all Services and is the complete and exclusive understanding and agreement
between the parties, and supersedes any oral or written proposal, agreement or other communication between
the parties. Except as expressly set forth in this Agreement, this Agreement may be modified or amended only
in writing signed by both parties. If any provision of this Agreement is held to be unenforceable, that provision
will be removed to the extent necessary to comply with the law, replaced by a provision that most closely
approximates the original intent and economic effect of the original to the extent consistent with the law, and
the remaining provisions will remain in full force. Neither this Agreement nor any rights or obligations of
Customer hereunder may be assigned without the prior written approval of Cartegraph. Any assignment in
violation of the foregoing will be null and void. Cartegraph may assign this Agreement to any party that assumes
Cartegraph’s obligations hereunder, including by sale, merger, consolidation, or operation of law or otherwise.
Cartegraph may subcontract its obligations under this Agreement, provided that Cartegraph remains
responsible for compliance with the applicable terms of this Agreement as to those obligations. The words
“include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.”
All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this
Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any
other occasion. The preprinted terms of a purchase order or any other similar document will not apply to or
modify this Agreement. The parties hereto are independent parties, not agents, employees or employers of the
other or joint venturers', and neither acquires hereunder any right or ability to bind or enter into any obligation
on behalf of the other. Customer gives Cartegraph permission to use Customer’s name or logo for public press
releases and customer stories. Cartegraph provides the Solutions, including related software and technology,
for federal government end use as a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial Computer Software Documentation", as those terms
are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Solutions are provided to the Customer with only those
restricted rights as provided under the terms and conditions of this Agreement. If a government agency has a
need for rights not conveyed under these terms, it must negotiate with Cartegraph to determine if there are
acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically
conveying such rights must be included in any applicable contract or agreement.
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City of Golden Valley / 1/18/2023
ADDENDUM E
Cartegraph OMS Editions
Cartegraph OMS supports customers in the operation, maintenance, and management of the following asset
domains. By employing these features as applicable, customers can effectively manage and report on the assets
that they care about. Indicated below are the capabilities and options available for each OMS Edition at the time
this document was prepared, which are subject to change.
Essentials Pro Plus Premium
Dashboard / Home Screen Included Included Included Included
User Management Included Included Included Included
Role Management Included Included Included
Esri GIS Integration Included Included Included Included
Report Viewer Included Included Included Included
Library Management Included Included Included Included
Standard KPI / ROI gadgets Included Included Included Included
Esri Identity-Ready Included Included Included Included
Structure Manager Included Included Included
Layout Manager Included Included Included
Import / Export Included Included Included
Record Filter Administration Included Included Included
Container / Component Included Included Included Included
Embedded Maps Included Included Included Included
Report Designer Included Included Included
Integration Toolkit Option Option Included
Cartegraph for Zapier Option Option Included Included
Automation Manager Included Included
Notification Manager Included Included Included
Routing – Esri Identity Required Included Included Included Included
Geocode Options- Esri Identity Required Included Included Included Included
Work
Task Management Included Included Included Included
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City of Golden Valley / 1/18/2023
Work Orders Included Included
Task Calendar Included Included Included Included
Scenario Builder Option Included
Request
Request Management Required w/ SeeClickFix Included Included Included
SeeClickFix Option Option Option Option
Internal Requests Option Included Included
Resources
Resource Management (LEMV)Included Included Included Included
Advanced Material Management Option Included
Fleet Management Option Included Included
Assets
Asset Inventory By Domain/Asset By Domain/Asset By Domain/Asset By Domain/Asset
Container / Component Included Included Included Included
Preventative Maintenance Plans Included Included Included
Asset Condition Manager / Advanced
Inspections
Required w/ Fleet Mgmt.Included Included
Asset Builder Option Option Included
Page 21 of 21 137
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.4. Approve Professional Services Agreement for Electrical Inspections Services with Stephen Tokle
Inspections, Inc.
Prepared By
Dan Anderson, Building Official
Summary
In December of 2022, the Inspections Department received quotes for providing Electrical inspections
and electrical plan review on commercial, residential, industrial, and new and remodeled construction
projects. Staff reviewed the proposals and found that Stephen Tokle Inspections Inc. meets and
exceeds the expectations set in the request for proposal.
Financial or Budget Considerations
Payments are based on 80% of permit fees.
Legal Considerations
This contract is on the City's professional services agreement template and was reviewed and
approved by the City Attorney.
Equity Considerations
This item aligns with the inclusive community engagement and advancement of diversity, equity, and
inclusion pillars of the City's Equity Plan.
Recommended Action
Motion to approve the Professional Services Agreement for Electrical Inspections with Stephen Tokle
Inspections in the form approved by the City Attorney.
Supporting Documents
PSA for Electrical Inspection Services
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this 7th day of February 2023 (“Effective Date”) by and between Stephen
Tokle Inspections, Incorporated a Minnesota company with its principal office at 10363 Vermillion
Circle Northeast, Blaine, Minnesota 55449 (“Consultant”), and the City of Golden Valley,
Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley,
MN 55427 (the “City”):
RECITALS
A.Consultant is engaged in the business of providing electrical inspections and services.
B.The City desires to hire Consultant to provide electrical inspection services for the City of Golden
Valley.
C.Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D.The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1.Services. Consultant agrees to provide the City with professional consulting services as described
in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by
reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily
exercised by professionals currently providing similar services.
2.Time for Completion. This Agreement shall remain in force and effect commencing from the
effective date and continuing until February 28, 2026, unless terminated by the City or amended pursuant
to the Agreement.
3.Consideration. The City shall pay Consultant for the Services on an hourly basis according to
Consultant’s fee schedule, attached hereto as Exhibit B. The consideration shall be for both the Services
performed by Consultant and the expenses incurred by Consultant in performing the Services. The City
shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to
the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by
Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after
Consultant’s statements are submitted.
4.Expense Reimbursement. Consultant shall not be compensated separately for necessary
incidental expenses. All expenses of Consultant shall be built into Consultant’s hourly compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
139
2
5. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant,
or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
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11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this
Agreement. Consultant agrees that before any work related to the approved project can be performed,
Consultant shall maintain at a minimum:
Workers’ Compensation and Employers’ Liability
1. Coverage A: Per State Statute
2. Coverage B: $500,000 Each Accident
$500,000 Disease – Policy Limit
$500,000 Disease – Each Employee
Commercial General Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products – Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
Commercial Automobile Liability
1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage
The Commercial Automobile Liability shall provide coverage for the
following automobiles:
1. All Owned Automobiles
2. All Non-Owned Automobiles
3. All Hired Automobiles
Umbrella Liability
1. $10,000,000 Each Claim
$10,000,000 Annual Aggregate
2. The Umbrella Liability provides excess limits for the Commercial General Liability,
Employers’ Liability, and Commercial Automobile Liability policies.
Professional and Pollution Incident Liability
Professional Liability insurance including Pollution Incident Liability coverage with
limits of not less than $5,000,000 Per Claim/ $5,000,000 Annual Aggregate.
Consultant shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by the
contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate
of liability insurance shall list the City as an additional insured and contain a statement that such policies
of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10
days written notice in the case of non-payment.
12. Subcontracting. Neither the City nor Consultant shall assign or transfer any rights under or
interest (including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the written consent of the other except to the extent that the effect of this limitation
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4
may be restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such
independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the
performance of the Services required by this Agreement. Any instrument in violation of this provision is
null and void.
13. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void.
14. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
15. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
16. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
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5
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
19. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
20. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City or
the City’s employees or agents, raw market data, survey data, market analysis data, and any other data,
work product, or reports prepared or developed in connection with the provision of the Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement.
21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
22. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
23. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide
accommodation to allow individuals with disabilities to participate in all Services under this Agreement.
Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
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24. Diversity Equity and Inclusion Training. Both parties desire their workplaces and interactions with
City employees and residents to reflect of the City’s values in Equity, Diversity, and Inclusion. The City has
dedicated resources and employees skilled in these areas to continue to transform City policies and
practices to achieve these values. The City agrees to invite Consultant to periodic Diversity, Equity and
Inclusion trainings and Consultant agrees to attend such trainings.
25. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of
this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services.
26. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
Stephen Tokle Inspections Incorporated City of Golden Valley
10363 Vermillion Circle Northeast ATTN: Dan Anderson
Blaine, MN 55449 7800 Golden Valley Road
stevetokleinsp@hotmail.com Golden Valley, MN 55437
dlanderson@goldenbvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days
of the prime contractor’s receipt of payment from the municipality for undisputed Services provided by
the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of
a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be
awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
29. Publicity. At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
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30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
32. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
STEPHEN TOKLE INSPECTIONS INC.: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: STEPHEN P. TOKLE
Title: PRESIDENT
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
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EXHIBIT A
SCOPE OF SERVICES
146
Transmittal Letter
I, Stephen Tokle, owner of Stephen Tokle Inspections Inc.
will understands that the work to be performed is as
follows:
1. Commercial plan review on commercial and
industrial new construction and major remodel.
2. Do inspections throughout the day and answer the
phone with questions.
3. Be professional on job sites and with clients.
I believe my company is best qualified for this job for
the following reasons: I have been an inspector for
15 years and have a good reputation with my
contractors, building officials and home owners.
The proposal is valid for 120 days after the proposal
due date.
X
Stephen Tokle
President
147
EXHIBIT B
148
Compensation Proposal:
I, owner of Stephen Tokle Inspections Inc., Compensation
Proposal is as follows:
1. I will do inspections at 80% of the permit fees.
2. I will do plan review at an agreed upon compensation, if
given the contract.
3. I can have inspection results within 48 hours if given
access to the proper software.
4. I will send billing once a month for payment from the
city.
5. I have my own phone and website to set up inspections
at NO cost to the city.
149
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.5. Approve Agreement with Traverse des Sioux Garden Center and Landscape for the Medley Park
Stormwater Restoration Project No. 22-18
Prepared By
Drew Chirpich, Water and Natural Resource Specialist
Eric Eckman, Environmental Resources Supervisor
Summary
In September of 2021, the City Council approved a cooperative agreement with the Bassett Creek
Watershed Management Commission (BCWMC) and a professional services agreement with Barr
Engineering Co to design and construct the Medley Park Stormwater Improvement Project. The
project includes water quality treatment, flood risk reduction, and habitat improvements that will
benefit the Medley Park area and the surrounding watershed including Medicine Lake.
In order to meet the City’s equity goals and complete work in the most efficient and cost-effective
manner, the project has been separated into two smaller contracts – one for construction, and one for
restoration and vegetation establishment.
The construction phase was mostly completed in winter of 2022-23 (paving trails and installing lights
and benches will occur in spring). The restoration phase is set to commence after trail paving in spring
2023. The restoration project was advertised for bids in January 2023. Bids for the Medley Park
Stormwater Restoration Project No. 22-18 were opened virtually on February 1, 2023. The following
bids were received:
Traverse des Sioux Garden Center and Landscape
$118,355.20
RES, LLC
$123,547.66
Davey Resource Group Inc
$174,004.55
Urban Companies
$235,721.58
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the
construction contract to Traverse des Sioux Garden Center and Landscape for the base bid amount of
$118,355.20. Work is expected to begin in Spring 2023 with ongoing establishment and management
150
until 2026.
Financial or Budget Considerations
Funding for this restoration project is included in CIP Stormwater section SS-49 and according to the
cooperative agreement with the BCWMC, the BCWMC will reimburse the City for all eligible project
expenses. The City will provide invoices to BCWMC for reimbursement as work is completed.
Legal Considerations
Agreement must be in a form approved by the City Attorney.
Equity Considerations
This project solicited quotes form a wide array of contractors including those listed in the MN DBE
database. The project itself will also be accessible to all Golden Valley Residents.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement with Traverse des Sioux
Garden Center and Landscape in the form approved by the City Attorney for the Medley Park
Stormwater Restoration Project No. 22-18 in the amount of $118,355.20.
Supporting Documents
Agreement for Medley Park Restroation
151
FC - 1
AGREEMENT FOR MEDLEY PARK STORMWATER RESTORATION
PROJECT NO. 22-18
THIS AGREEMENT (this “Agreement”), entered into the 7th day of February 2023
between the City of Golden Valley (the “City”), a municipal corporation, existing under
the laws of the State of Minnesota, and Traverse Des Sioux Garden Center a
corporation, under the laws of Minnesota (“Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents consist of this
Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General
Conditions, Special Conditions and any supplementary conditions, drawings, plans,
Specifications, addenda issued prior to execution of this Agreement, other documents
listed herein or in any of the foregoing documents, and Modifications of the same issued
after execution of this Agreement (collectively the “Contract” or “Contract Documents”).
A Modification is (1) a written amendment to the Contract signed by both parties, (2) a
Change Order, (3) a Construction Change Directive, or (4) a written order for a minor
change in the Work issued by the Engineer.
In the event of a conflict among the various provisions of the Contract Documents, the
terms shall be interpreted in the following order of priority:
1. Modifications to the Contract
2. This Agreement
3. Special Conditions
4. General Conditions
Drawings shall control over Specifications, and detail in drawings shall control over
large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined
elsewhere in the Contract Documents, shall have the meaning set forth in the Contract
Documents.
ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency
of which is hereby acknowledged, covenants and agrees to furnish all materials, all
necessary tools and equipment, and to do and perform all work and labor necessary for
Medley Park Stormwater Restoration (22-18) (the “Project”) according to the Plans and
Specifications and all of the Contract Documents.
Contractor shall commence and conclude the Work in accordance with the Contract
Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall
complete the Work in accordance with the time schedule for commencement and
completion of the Work set forth in the Contract Documents. Contractor shall complete
the Work in every respect to the satisfaction and approval of the City.
ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in
current funds for the Contractor’s performance of the Contract. The Contract Price shall
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FC - 2
be $118,355.20, subject to additions and deductions as provided in the Contract
Documents.
Installment payments, if any, on account of the Work shall be made in accordance with
the provisions of the General Conditions. Final payment shall be due and payable on or
before thirty (30) days after issuance of a Certificate of Final Completion issued by the
City Engineer confirming that the Work has been fully completed and Contractor’s
obligations fully performed by Contractor.
ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute, and deliver to the
City corporate surety bonds in a form approved by the City, in the sum of $118,355.20
for the use of the City and of all persons furnishing labor, skill, tools, machinery or
materials to the Project. Said bonds shall secure the faithful performance and payment
of the Contract by the Contractor and shall be conditioned as required by law. This
Agreement shall not become effective unless and until said bonds have been received
and approved by the City.
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall
be the sole and final judge of the fitness of the Work and its acceptability.
ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an
account of the labor and materials used in the execution of the Work as is possible and
shall submit and make this information available as maybe requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order
of Traverse Des Sioux Garden Center, and the City does not assume and shall not have
any responsibility for the allocation of payments or obligations of the Contractor to third
parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without
liability, to cancel the award of the Contract at any time before the execution of the
Contract by all parties.
ARTICLE 9. Termination. The City may by written notice terminate the Contract, or
any portion thereof, when (1) it is deemed in the best public, state or national interest to
do so; (2) the City is unable to adequately fund payment for the Contract because of
changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons
beyond Contractor’s control, Contractor is prevented from proceeding with or
completing the Work within a reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed
items or units of Work will be paid for at Contract Bid Prices. Payment for partially
completed items or units of Work will be made in accordance with the Contract
Documents.
153
FC - 3
Termination of the Contract or any portion thereof shall not relieve Contractor of
responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their
obligations for and concerning any just claims arising out of the Work.
IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed
on their respective behalves by their duly authorized offices and their corporate seals to
be hereunto affixed the day and year first above written.
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY
Shepard M. Harris, Mayor
BY
Timothy J. Cruikshank, City Manager
CONTRACTOR TRAVERSE DES SIOUX GARDEN CENTER
BY
ITS
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155
EXECUTIVE SUMMARY
City Attorney
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.6. Approve 2022-2024 Labor Agreement with Community Service Officers Union (LELS Local # 525)
Prepared By
Maria Cisneros, City Attorney
Kirsten Santelices, HR Director/Deputy City Manager
Summary
This item will be discussed in the Executive Session held immediately prior to the Council meeting.
Information will be provided at the Council Meeting pending the outcome of the discussion at the
Executive Session.
Link to Community Service Officers Union (LELS Local # 525) Labor Relations Contract
This link is active but the document may uploaded and accessible to the public pending
the outcome of the February 7 Closed Executive Session.
Financial or Budget Considerations
More information will become available once the agreement is made public.
Legal Considerations
More information will become available once the agreement is made public.
Equity Considerations
More information will become available once the agreement is made public.
Recommended Action
Motion to approve 2022-2024 Labor Agreement with Community Service Officers Union (LELS Local #
525).
156
EXECUTIVE SUMMARY
City Attorney
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3E.7. Approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27)
Prepared By
Maria Cisneros, City Attorney
Kirsten Santelices, HR Director/Deputy City Manager
Summary
This item will be discussed in the Executive Session held immediately prior to the Council meeting.
Information will be provided at the Council Meeting pending the outcome of the discussion at the
Executive Session.
Link to Patrol Officers Union (LELS Local # 27) Labor Relations Contract
This link is active but the document may uploaded and accessible to the public pending
the outcome of the February 7 Closed Executive Session.
Financial or Budget Considerations
More information will become available once the agreement is made public.
Legal Considerations
More information will become available once the agreement is made public.
Equity Considerations
More information will become available once the agreement is made public.
Recommended Action
Motion to approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27).
157
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3F. Authorize Filing Extension for Harold Avenue Addition Plat
Prepared By
Myles Campbell, Planner
Summary
At the August 3rd, 2022, City Council meeting, the City approved the minor subdivision of 7324 Harold
Avenue North into two legal parcels for future development. Due to delays in receiving revisions to the
Plat language from the County Recorder, and negotiation between the applicant and City Staff on the
deposit agreement for required stormwater management improvements, the plat document was not
filed for recording with the county within the typical two month window expected by City's subdivision
code.
Given that the conditions for subdivision are met, that the creation of additional housing is supported
by long-term goals form the Comprehensive Plan, and that a deposit agreement for the stormwater
improvements have been set in place, staff is supportive of the request to extend the filing deadline
for the plat to the end of this month, February 28, 2023.
Financial or Budget Considerations
Both the required park dedication fee and deposit for stormwater improvements have been collected
by the City for this subdivision.
Legal Considerations
Besides the filing delays, the subdivision meets City standards from code. Failure to extend the
deadline would not prohibit the applicant from submitting a new subdivision request that would
presumably still meet City standards for approval.
Equity Considerations
Creation of new housing is a major goal of the City's Comprehensive Plan, and helps to combat the
increase in housing costs caused by the shortage of housing regionally.
Recommended Action
Motion to approve a Filing Extension to February 28, 2023, for the Harold Avenue Addition Plat.
158
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3G. Receive and File the City of Golden Valley's 2023 Pyramid of Success (Council Goals)
Prepared By
Timothy Cruikshank, City Manager
Summary
At the January 24, 2023 Annual City Council Planning Session, city values, a vision statement, a mission
statement, organizational priorities, and 2023 action steps were developed. The final result is
presented in the attached document, Golden Valley’s 2023 Pyramid of Success.
Legal Considerations
Legal considerations will be addressed as the goals are formulated.
Equity Considerations
Equity considerations will be addressed as the goals are formulated.
Recommended Action
Motion to receive and file the City of Golden Valley’s 2023 Pyramid of Success (Council Goals).
Supporting Documents
2023 Pyramid of Success
159
Effective
Governnce
Infrastructure
Maintenance &
Enhancement
Financial
Wellness
Strtegic
Development &
Redevelopment
Legisltive Priorities
Minnepolis Prk &
Recretion Bord
JPA
Public Fcilities
Nming Policy
Community
Affirs
Debt Reduction
Pln
Locl Option
Sles Tx
Fiscl Disprities
Formul Updte
Building An
Equitble Golden
Vlley Community
Forums
Environmentl
Inititives
Just Deeds
Lnd
Acknowledgment
Plnning
STAR Progrm
Affordble Housing
Pln
Downtown Study
Implementtion
Fcilities Study
Implementtion
Bike nd Pedestrin
Pln
DeCol Ponds
Stormwter Project
Highwy 55 BRT
Hwy 55/Dougls Dr
Underpss
Infrstructure
Renewl Pln
Pvement
Mngement
Progrm
Support And Invest
In Affordble
Housing Inititives
Form Defined
And Nmed
Neighborhoods
With Decentrlized
And Tilored
Communictions
Improve Pedestrin
And Trffic Sfety
On County Rods
And City Arterils
Mke Progress
On Legisltive
Priorities
Prtner With Locl
Nonprofits To Revive
City-Wide Events
VISION
MISSION
ORGANIZATIONAL PRIORITIES
INITIATIVES & PROJECTS
DEPARTMENT ACTION STEPS
CORE SERVICES
2023 ACTION STEPS
160
EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
3H. Adopt Resolution No. 23-007 Approving Amendment to Compensation and Classification Tables
Prepared By
Kirsten Santelices, Deputy City Manager/Human Resources Director
Summary
In late 2021 the City restructured the roles of Community Service Officer and Lead Community Service
Officer to enhance the growth and professional development of the individuals within this role and
better prepare these individuals for a full-time sworn law enforcement. Based on the changes to the
job responsibilities, the City asked DDA to consider the classifications of both positions. DDA
reclassified the CSO position to Grade 3 and the Lead CSO to Grade 4. Based on contract negotiations
with the CSO bargaining unit, the reclassifications will become effective upon the approval of the
labor agreement.
Financial or Budget Considerations
The budget impact will be absorbed into the City's 2022 and 2023 general fund police department
budget.
Legal Considerations
The City contracts with DDA to grade all of the positions and ensure compliance with applicable
Minnesota Local Government Pay Equity laws.
Equity Considerations
This reclassification aligns with the City's equity pillar: Economic Prosperity for All.
Recommended Action
Motion to Adopt Resolution No. 23-007 Approving Amendment to Compensation and Classification
Tables.
Supporting Documents
Resolution No. 23-007 - Updated Compensation and Classification Table
161
RESOLUTION NO. 23-007
RESOLUTION APPROVING IMPLEMENTATION
OF 2020 COMPENSATION STUDY AND
ESTABLISHING COMPENSATION GRID
AND CLASSIFICATION TABLE
WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to
ensure the City is paying competitive and fair wages to its employees; and
WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and
adopted the compensation grid for the City:
WHEREAS, on December 15, 2020 the City also adopted a Classification Table that assigned a grade
to each position within the City; and
WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities;
and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by
Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22-
048 on May 3, 2022, and by Resolution 22-120 on December 20, 2022; and
WHEREAS, in alignment with the City’s values of communication and accountability, it is the City’s
practice for the City Council to review and adopt the Compensation Grid and Classification Table annually.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota,
that:
1. The City hereby adopts the following 2023 Full-Time & Part-Time Regular Compensation Grid
effective January 1, 2023:
Grade
Compensation Grid
4.90%4.90%4.90%4.90%4.90%4.90%
1 2 3 4 5 6 7
1 $19.81 $20.78 $21.79 $22.87 $23.99 $25.16 $26.39
2 $20.99 $22.02 $23.10 $24.24 $25.42 $26.67 $27.96
3 $22.25 $23.34 $24.48 $25.68 $26.93 $28.26 $29.64
4 $23.59 $24.74 $25.96 $27.22 $28.56 $29.95 $31.43
5 $25.24 $26.47 $27.77 $29.14 $30.56 $32.05 $33.62
6 $27.00 $28.33 $29.72 $31.17 $32.69 $34.30 $35.98
7 $28.35 $29.74 $31.19 $32.72 $34.33 $36.01 $37.78
8 $29.48 $30.93 $32.45 $34.03 $35.70 $37.45 $39.28
9 $30.67 $32.18 $33.75 $35.40 $37.14 $38.95 $40.86
10 $32.20 $33.77 $35.43 $37.16 $38.99 $40.90 $42.90
11 $36.39 $38.17 $40.05 $42.00 $44.06 $46.23 $48.48
12 $38.56 $40.46 $42.44 $44.52 $46.70 $48.99 $51.39
13 $40.50 $42.48 $44.56 $46.74 $49.04 $51.44 $53.96
162
14 $42.12 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12
15 $44.22 $46.38 $48.66 $51.05 $53.54 $56.17 $58.93
16 $46.88 $49.17 $51.57 $54.11 $56.75 $59.53 $62.67
17 $49.70 $52.13 $54.68 $57.36 $60.17 $63.12 $66.21
18 $54.16 $56.81 $59.60 $62.52 $65.58 $68.79 $72.16
19 $56.87 $59.65 $62.57 $65.64 $68.86 $72.23 $75.77
20 $59.71 $62.63 $65.70 $68.92 $72.30 $75.84 $79.56
21 $62.70 $65.78 $68.99 $72.38 $75.92 $79.64 $83.53
22 $66.46 $69.71 $73.13 $76.71 $80.47 $84.41 $88.55
23 $70.44 $73.89 $77.52 $81.32 $85.29 $89.48 $93.86
2. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table:
Grade Positions
1
2 Guest Services Specialist
3 Administrative Assistant – Fire Department
Brookview Events Coordinator
Community Service Officer
Police Department Office Assistant
Recreation Coordinator
4 Administrative Assistant – Inspections
Administrative Assistant – Parks And Recreation
Engineering Assistant
Inspections & Development Assistant
Lead Community Service Officer
Lead Cook
Turf Maintenance Assistant
5 Accounting Technician
Assessments/Accounts Payable Technician
Motor Vehicle License Clerk
Planning Assistant
Police Assistant
Public Works Assistant
6 Facilities Maintenance Specialist
Executive Assistant - City Manager’s Office
Inspections Administrative Specialist
Physical Development Assistant/Deputy City Clerk
Utility Billing Specialist
163
7 Communications Specialist
Golf Operations Coordinator
Maintenance Worker/Mechanic
Park Maintenance Worker
Restaurant & Catering Coordinator
Street Maintenance Worker
Sustainability Specialist
Turf Equip Technician /Mechanic
Utilities Maintenance Worker
Web/Graphic Designer
8 Community Connections and Outreach Specialist
Executive Chef
Fire Inspector I
Information Technology Technician
Public Works Inspector
Utilities Specialist
Vehicle Maintenance Worker/Mechanic
9 City Forester
Engineering Technician II
Water Distribution Specialist
Park Maintenance Field Supervisor
Street Maintenance Field Supervisor
Utilities Maintenance Field Supervisor
Vehicle Maintenance Field Supervisor
10 Assistant Golf Operations Manager
Engineering Technician III
GIS Specialist
Planner
Police Support Services Supervisor
Water and Natural Resources Specialist
11 Accountant
Building Inspector
Crime Analyst Supervisor
Deputy Registrar Supervisor
Greens & Turf Specialist
Human Resources Generalist
Information Technology Specialist
Patrol Officer
Payroll Accountant
Recreation & Facilities Supervisor
Recreation Supervisor
12 Deputy Fire Marshal
Golf Maintenance Supervisor
Restaurant & Catering Manager
13 City Clerk
Equity and Inclusion Manager
164
14 Accounting Supervisor
Assistant City Engineer
Environmental Resources Supervisor
Golf Operations Manager
Park Superintendent
Street And Vehicle Maintenance Superintendent
Utilities Superintendent
15 Assistant Fire Chief
Building Official
Sergeant
16 Housing and Economic Development Manager
Information Technology Manager
Planning Manager
17
18 City Engineer
Communications Director
Assistant Police Chief
19 Community Development Director
Finance Director
Fire Chief
Parks & Recreation Director
Public Works Director
20
21 City Attorney
Deputy City Manager/Human Resources Director
Police Chief
22
23 City Manager
3. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions
Compensation Grid, effective March 1, 2023:
Steps 1 2 3 4 5 6 7
Grade
1 $11.81 $12.42 $13.01 0 0 0 0
2 $12.63 $13.28 $13.92 $14.57 $15.20 $15.84 $16.30
3 $13.16 $13.82 $14.48 $15.18 $15.84 $16.51 $16.96
4 $13.63 $14.45 $15.16 $15.85 $16.57 $17.27 $17.73
5 $13.87 $14.98 $15.71 $16.45 $17.18 $17.98 $18.46
6 $15.10 $15.53 $16.77 $17.33 $18.07 $18.97 $19.44
7 $17.72 $18.54 $19.26 $19.96 $20.75 $21.51 $21.98
4. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions
Classification Table:
165
Grade Position
1 Starter/Ranger
Warming House
2 316 Restaurant Positions:
Bartender
Server
Dishwasher/Bar‐Back
Election Judge (Step 6)
Indoor Playground Attendant
Park & Reaction Seasonal Athletics:
Playground Leader
Field Attendant
Sports Instructor
Golf Operations:
Beverage Cart Attendant
Par 3 Cashier
Range Supervisor
3 Election Captain (Step 6)
Pro Shop Cashier
4 Community Center Attendant
Golf Maintenance Operator
Parks and Recreation Program Specialist
5 Golf Office Assistant
Pathways Intern
6 Community Health Worker Intern
Golf Maintenance Technician
Lead Pro Shop Cashier
Park and Recreation Intern
Seasonal Public Works Worker
7 Assistant Senior Program Coordinator
Banquet and Restaurant Staff Coordinator
Cook
Community Development Intern
Elections Assistant
Engineering Intern
Golf Staff Coordinator
Guest Services Lead
Human Resources Assistant
Water Resources Intern
5. The City hereby adopts the following paid on-call firefighter compensation, effective January 1,
2023:
Battalion Chief $25.34 Per Hour
Captain $23.47 Per Hour
Lieutenant $21.77 Per Hour
Firefighter $18.91 Per Hour
Firefighter-Apprentice $16.07 Per Hour
Firefighter in Training $12.93 Per Hour
166
6. The Council shall approve all classification changes that increase the budget. Changes to job title
and other modifications that do not increase the budget shall not require Council approval. The
most current Job Classification Grid shall be kept on file with the Human Resources Department.
Adopted by the City Council of Golden Valley, Minnesota this 7th day of February, 2023.
______________________
Shepard M. Harris, Mayor
ATTEST:
_______________________
Theresa Schyma, City Clerk
167
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
6A. Second Consideration of Salt Storage Ordinance No. 757
Prepared By
Eric Eckman, Environmental Resources Supervisor
Drew Chirpich, Water and Natural Resources Specialist
Summary
In response to changing federal regulations, the Minnesota Pollution Control Agency (MPCA) reissued
its Municipal Separate Storm Sewer System (MS4) Permit in 2020. The City applied for and received
permit coverage under the new permit in October 2021. As part of the MPCA’s permit approval, the
City is required to make updates to its comprehensive stormwater management program, including its
regulatory mechanisms that help the City enforce its stormwater requirements to ensure the
protection of its water resources.
One of the new federal requirements that must be included in City code involves the storage of salt at
commercial, industrial, and institutional facilities. This would impact any property owner or manager
that has a stockpile or container of salt in their parking lot for use throughout the winter. Studies show
that chlorides and other winter deicing chemicals can have a negative impact on our water resources
including the plants and animals that live in those environments and the economies and people that
rely on those environments. Proper storage and handling of salt and other winter deicers can help
reduce the negative impacts.
In order to comply with these regulations, the City is proposing to add this ordinance to the
Environment and Nuisances Chapter of City code. This ordinance is based upon the U.S. Environmental
Protection Agency rules, the MPCA MS4 Permit and guidance documents. The City Attorney, Planning
Manager, Public Works Director, and City Engineer have all reviewed the ordinance.
This is the second consideration of this ordinance. The first consideration of the ordinance was
adopted by City Council on January 17, 2023.
Financial or Budget Considerations
Staff will incorporate this work into its existing duties and work within its existing budget to provide
the necessary education, outreach, and enforcement to ensure compliance with the new ordinance.
Staff will monitor its time and resources during the first year the ordinance is in effect and may
request additional resources in the future as necessary.
168
Legal Considerations
The City Attorney has reviewed the proposed ordinance.
Equity Considerations
The City's work to regulate salt storage and transfer fits within the unbiased programs and services
pillar of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach,
and enforcement of environmental regulations that provide intentional access to clean water and
health equity regardless of social identity. According to the Centers for Disease Control and
Prevention, health equity means that everyone has the opportunity to achieve their greatest level of
health, despite social, economic, or environmental factors. Historic and present policies and decisions
created disparate impacts, including environmental degradation and health impacts, for Black,
Indigenous, People of Color and people of lower socioeconomic status. Hennepin County data show
that communities of color, low-income families, and residents with disabilities contribute least to the
problem of environmental pollution but are the most exposed to and at risk from negative
environmental impacts. In accordance with the City's commitment to providing unbiased programs
and services, this ordinance seeks to help mitigate those risks and disparities.
Recommended Action
Motion to adopt the second consideration of Ordinance No. 757 adding Section 10-5 Salt
Storage at Commercial, Industrial, and Institutional Facilities to City Code Chapter 10
Environment and Nuisances.
Motion to adopt Resolution No. 23-008 Authorizing Summary Publication of Ordinance No. 757.
Supporting Documents
Ordinance No. 757 - Salt Storage
Resolution No. 23-008 - Authorizing Summary Publication - Ordinance No. 757
169
ORDINANCE NO. 757
AN ORDINANCE AMENDING THE CITY CODE
Adding Section 10-5:Salt Storage at Commercial, Industrial, and Institutional Facilities
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 10 Environment and Nuisances, Article I. In General,
Section 10-5.Salt Storage at Commercial, Industrial, and Institutional Facilities is hereby
added:
Sec. 10-5. Salt Storage at Commercial, Industrial, and Institutional Facilities.
(a)Purpose.Negative environmental impacts may occur when salt and other deicers are not
properly stored and transported. Proper utilization and management of deicing materials
is critical to reduce environmental impacts of related practices to the maximum extent
practicable.
(b)Definitions.The following words, terms, and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Anti-icing. The application of a liquid deicer prior to the onset of a snow event.
Best Management Practice.Structural, vegetative, or managerial practices used to treat,
prevent, or reduce pollution.
Bulk Deicer Storage. Storage of any material used for deicing and/or traction during
winter conditions that is more than one ton in solid form (or 250 gallons in liquid form).
Deicer.Any substance used to melt snow and ice or used for its anti-icing effects.
(c)Applicability. This section applies to all indoor and outdoor bulk deicer storage facilities
(temporary or permanent) including salt piles, salt bag storage, sand piles, and other
storage of deicing materials.
(d)General Regulations.
(1)Indoor operations for the storage of deicing materials must be provided wherever
possible in order to prevent such material from being affected by rain, snow, and
melt water.
(2) All salt, sand, and other deicing materials stored outdoors must be covered at all
times. When not using a permanent roof, a waterproof impermeable, flexible cover
must be placed over all storage piles. The cover must prevent runoff and leachate
from being generated by the outdoor storage piles. The cover must be secured to
prevent removal by wind or other storm events. Piles must be formed in a conical
shape and covered as necessary to prevent leaching. Deicer must be stored away
from catch basins and other facilities conveying stormwater. Additional perimeter
control may be required to ensure no deicing materials slough or are carried away
by stormwater.
(3) Storage Facility Siting.
a. The facility must be in close proximity to the area in which the deicing materials
are to be used, if practical.
170
b. Each facility must be located outside of floodplains and at least 50 feet from
lakes, rivers, streams, ditches, storm drains, manholes, catch basins, wetlands,
and any other areas likely to absorb runoff. A facility must not be located in
close proximity to surface water features, water supplies, wells or drywells.
c. A facility must be located on impermeable surfaces.
d.The property’s slope must be away from the facility’s salt, deicer, and sand
storage area.
e. Salt vulnerable natural areas should be avoided as storage facilities to the
extent possible. Where they cannot be avoided, specific measures should be
instituted to protect vulnerable areas. Salt vulnerable areas include, but are not
limited to:
1. Areas with salt sensitive vegetation
2. Areas serving as a source of drinking water (surface water and groundwater)
3. Areas with bodies of water with low dilution, low volume, or salt sensitive
species
4. Areas associated with groundwater recharge zones or shallow water table,
with medium to high permeable soils.
(4) Snow Piles.Snow piles must be located downslope from salt and deicer storage
areas to prevent the snow melt from flowing through storage areas and carrying
material to the nearest drainage system or waterway.
(5) Deicer Truck Wash Water. Deicer and salt-containing truck wash water must be
captured, treated, and recycled for use as salt-brine in pre-wetting and anti-icing
activities.
(6) Transfer of materials.Practices must be implemented in order to reduce exposure
(e.g., sweeping, diversions, and/or containment) when transferring salt or other
deicing material.
(e)Penalty. Any person violating this section shall be guilty of a petty misdemeanor.
Section 2. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 7th day of February, 2023.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
171
RESOLUTION NO. 23-008
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 757
AN ORDINANCE AMENDING THE CITY CODE
ADDING SECTION 10-5: SALT STORAGE AT COMMERCIAL, INDUSTRIAL, AND
INSTITUTIONAL FACILITIES
WHEREAS, the City has adopted the above reference amendment of the Golden Valley
City Code; and
WHEREAS,the verbatim text of the amendment is cumbersome, and the expense of
the publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 757
AN ORDINANCE AMENDING THE CITY CODE
ADDING SECTION 10-5: SALT STORAGE AT COMMERCIAL, INDUSTRIAL, AND
INSTITUTIONAL FACILITIES
This is a summary of the provisions of provisions of Ordinance No. 757 which has been
approved for publication by the City Council.
At the February 7, 2023 City Council meeting, the Golden Valley City Council enacted
Ordinance No. 757 amending City Code Adding Section 10-5 relating to salt storage at
commercial industrial, and institutional facilities. The full ordinance is available to the public
at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and
online at www.goldenvalleymn.gov/code/.
Adopted by the City council this 7th day of February 2023.
______________________________
Shepard M. Harris, Mayor
ATTEST:
______________________________
Theresa Schyma, City Clerk
172
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 7, 2023
Agenda Item
6B. Second Consideration of Updated Stormwater Management Ordinance No. 758
Prepared By
Eric Eckman, Environmental Resources Supervisor
Drew Chirpich, Water and Natural Resources Specialist
Summary
The City of Golden Valley has a stormwater management ordinance that was last updated in 2015. The
ordinance is the regulatory mechanism that helps the City enforce its stormwater requirements to
ensure the protection of its water resources. The ordinance is part of the City’s overall stormwater
management program that is required under the National Pollutant Discharge Elimination System
(NPDES) program administered by the Minnesota Pollution Control Agency (MPCA).
In response to changing federal regulations, the MPCA reissued its Municipal Separate Storm Sewer
System (MS4) Permit in 2020. The City applied for and received permit coverage under the new permit
in October 2021. As part of the MPCA’s permit approval, the City is required to make updates to its
comprehensive stormwater management program, including its Stormwater Management ordinance,
to comply with federal regulations.
Updates to the City’s Stormwater Management Ordinance are based upon the U.S. Environmental
Protection Agency rules, the MPCA Construction Stormwater Permit, the MPCA MS4 Permit and
guidance documents, guidance from the Minnesota Cities Stormwater Coalition, the Wetland
Conservation Act, the City’s 2040 Comprehensive Plan, and the Bassett Creek Watershed Management
Commission (BCWMC) policies. The City Attorney, Planning Manager, and City Engineer have all
reviewed the ordinance.
Major revisions to the ordinance include the following:
1. Post-Construction Stormwater Management – deleting language from the previous MPCA MS4
permit and adding language from the new MPCA MS4 Permit. This includes updated
requirements for new development, redevelopment, and linear projects (such as street
reconstruction), and limitations and exceptions to the requirements.
2. General Performance Standards
a. Updating and clarifying Buffer requirements consistent with state regulations, BCWMC
requirements, and the City’s Comprehensive Plan.
b. Adding wetland provisions consistent with BCWMC policies.
3. Maintenance of Private Stormwater Management Facilities – adding language from the new
173
MPCA MS4 Permit and BCWMC policies.
4. Requiring a stormwater permit for installation of aerators, fountains, or similar water moving
devices in private stormwater management facilities (such as ponds).
This is the second consideration of this ordinance. The first consideration of the ordinance was
adopted by City Council on January 17, 2023.
Financial or Budget Considerations
Staff will incorporate this work into its existing duties and work within its existing budget to provide
the necessary education, outreach, and enforcement to ensure compliance with the new ordinance.
Staff will monitor its time and resources during the first year the ordinance is in effect and may
request additional resources in the future as necessary.
Legal Considerations
The City Attorney has reviewed the proposed updates to this ordinance.
Equity Considerations
The City's work to regulate stormwater and runoff fits within the unbiased programs and services pillar
of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach, and
enforcement of environmental regulations that provide intentional access to clean water and health
equity regardless of social identity. According to the Centers for Disease Control and Prevention,
health equity means that everyone has the opportunity to achieve their greatest level of health,
despite social, economic, or environmental factors. Historic and present policies and decisions created
disparate impacts, including environmental degradation and health impacts, for Black, Indigenous,
People of Color and people of lower socioeconomic status. Hennepin County data show that
communities of color, low-income families, and residents with disabilities contribute least to the
problem of environmental pollution but are the most exposed to and at risk from negative
environmental impacts. In accordance with the City's commitment to providing unbiased programs
and services, this ordinance seeks to help mitigate those risks and disparities.
Recommended Action
Motion to adopt the second consideration of Ordinance No. 758 amending Chapter 107 of the
Golden Valley City Code to update language regarding the City's stormwater management.
Motion to adopt Resolution No. 23-009 Authorizing Summary Publication of Ordinance No. 758.
Supporting Documents
Ordinance No. 758 - Stormwater Management
Chapter 107 Storm Water Management (Clean)
Resolution No. 23-009 - Authorizing Summary Publication - Ordinance No. 758
174
ORDINANCE NO. 758
AMENDMENT OF THE CITY CODE RELATING TO
PART II – LAND DEVELOPMENT, CHAPTER 107 STORMWATER MANAGEMENT
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 107, Stormwater Management, Section 107-1 Statutory
Authorization and Purpose (d) is hereby amended as follows:
(d) This chapter is intended to meet the current construction site erosion , and sediment, and
waste control, and post-construction stormwater management regulatory requirements
for construction activity and small construction activity (NPDES permit) as defined in 40
CFR 122.26(b)(14)(x) and (b)(15), respectively.
Section 2. City Code Chapter 107, Stormwater Management, Section 107-2. Definitions
and General Provisions. (a) Definitions. “Final Stabilization” is hereby amended as follows:
Final Stabilization: The establishment of permanent cover on the entire site. Final
stabilization may include, but is not limited to, installation of vegetated areas, landscaped
areas, paved surfaces, retaining walls, sewer and water valves adjusted to final grade, and
compliance with any and all associated permit requirements, such as submission of as-built
surveys.
Section 3. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (a) Activities requiring a City Stormwater Management
Permit. (1) (h) is hereby amended as follows:
h. Construction, expansion or modification of a stormwater management facility or
stormwater BMPs, including but not limited to installation of aerators, fountains,
or similar water moving devices.
Section 4. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (b) Application Submittal Requirements. (5) is hereby
amended as follows:
(5) Stormwater management plan and narrative. Plans must be prepared to City
standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For
construction sites equal to or greater than one acre or if a project is part of a common
plan of development or sale that will collectively ultimately disturb greater than one
acre, plans must be submitted that: For construction sites equal to or greater than
one acre, including projects less than one acre that are part of a larger
common plan of development or sale, plans must be submitted that:
a. Meet the requirements of Part III and Part IV of the NPDES construction
stormwater permit issued by the Minnesota Pollution Control Agency, as
amended.
175
b. Meet the post-construction stormwater management requirements listed in
Section 107-5.
Section 5. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (c) Application Review Process and Permit Approval . (2) is
hereby amended as follows:
(2) Permit Review and Decision. When the City and the appropriate watershed
management organizations review permit applications, or development proposals,.
Tthe Administrator shall notify the applicant of permit approval or denial within 60
days of receipt of a complete application.
Section 6. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (d) Performance Standards for Construction Site
Stormwater Runoff Control. (5) is hereby amended as follows:
(5) Projects with land disturbing and on-site activities equal to or greater than one acre
or if a project is part of a common plan of development or sale that will ultimately
disturb greater than one acres, including projects less than one acre that are part
of a larger common plan of development or sale, shall meet the requirements of
the Part III and Part IV of the NPDES construction stormwater permit issued by the
Minnesota Pollution Control Agency, as amended, for erosion and sediment controls
and waste controls.
Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (e) Applicant Responsibilities. (1)(b) is hereby amended as
follows:
b. Project complete inspection: when the project is complete, including, but not
limited to, final grading, installation of all stormwater management facilities,
removal of all temporary erosion and sediment control BMPs, and completion of
final stabilization measures are complete. One-year warranty begins after
inspector approves project.
Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City
Stormwater Management Permit. (f) Financial Security. (1) is hereby amended as follows:
(1) Amount and Type. The applicant shall provide security for the performance of work to
provide all temporary and permanent erosion and sediment control measures , and
including final stabilization, described and delineated in the approved permit in an
amount not less than 125 percent of the approved estimated cost of performing the
described work. The type of the security shall be one or a combination of the
following to be determined by the Administrator:
Section 8. City Code Chapter 107, Stormwater Management, Section 107-5. Post-
Construction Stormwater Management. is hereby amended as follows:
176
Sec. 107-5. Post-Construction Stormwater Management.
(a) The following projects must include a site plan with post-construction stormwater
management BMPs that meet the requirements of this chapter and are designed,
constructed, and maintained in accordance with the NPDES construction stormwater
permit:
(1) New development and redevelopment projects with land disturbance of greater than
or equal to one acre, including projects less than one acre that are part of a larger
common plan of development or sale.
(2) Nonresidential development and redevelopment projects greater than one-half acre
and less than one acre that, at the time of permitting application, discharge
stormwater through their private systems directly to a surface water without being
routed through do not drain to a stormwater management facility or BMP onsite or
on an adjacent property authorized by the adjacent property owner through a
recorded easement and maintenance agreement.
(b) Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates
for the two-, 10-, and 100-year 24-hour precipitation events.
(c) Volume control. New development and redevelopment projects on sites without
prohibitions that create one or more acres of new or fully reconstructed impervious
surfaces shall capture and retain 1.1 inches of runoff from the sum of the new impervious
surface and the fully reconstructed impervious surface.
(cd) Design. Stormwater volume control techniques and green infrastructure practices,
including, but not limited to, infiltration, evapotranspiration, reuse/harvesting,
conservation design, urban forestry, and green roofs, must be considered firstshall be
given preference as design options, provided they are consistent with City zoning,
subdivision, and planned unit development requirements, and sanitary sewer inflow and
infiltration reduction requirements.
(e) Site Location. Above ground (surface) post-construction stormwater management BMPs
are the preferred design option. Below ground (subsurface) shall be allowed only if:
(1) the project is a redevelopment; and
(2) in the opinion of the City, no above ground design option is practicable.
(def) The minimal impact design standards (MIDS) and performance goals developed under and
pursuant to Minn. Stats. § 115.03, subd. 5c, along with the MIDS calculator and design
sequence flowchart, and design criteria in the Minnesota Stormwater Manual, is the
recommendedpreferred method for achieving the post-construction stormwater
management requirements described in this chapter, consistent with BCWMC
requirements.
(e) For new development projects there shall be no net increase from pre-project conditions
(on an annual average basis) of:
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(1) Stormwater discharge volume, unless precluded by the stormwater management
limitations in Subsection (g) of this section.
(2) Stormwater discharges of total suspended solids (TSS).
(3) Stormwater discharges of total phosphorus (TP).
(f) For redevelopment projects there shall be a net reduction from pre-project conditions (on
an annual average basis) of:
(1) Stormwater discharge volume, unless precluded by the stormwater management
limitations in Subsection (g) of this section.
(2) Stormwater discharges of TSS.
(3) Stormwater discharges of TP.
(g) Stormwater management limitations and exceptions.
(1) Limitations.
a. Infiltration Prohibited. The use of infiltration techniques areis prohibited when
the infiltration structural stormwater BMP will receive discharges from, or be
constructed in, the following areas:
1. Where industrial facilities are not authorized to infiltrate industrial
stormwater under an NPDES/SDS industrial stormwater permit.
2. Where vehicle fueling and maintenance occur.
3. Where less than three feet of separation from the bottom of the infiltration
system to the elevation of the seasonally saturated soils, groundwater, or
the top of bedrock exists.
4. Where high levels of contaminants in soil or groundwater will be mobilized
by infiltrating stormwater.
5. Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and
infiltration of clear water into the sanitary sewer system.
b. Infiltration Restricted. The use of infiltration techniques will be restricted when
the infiltration device will be constructed in areas:
61. In an area Wwith predominately Hydrologic Soil Group D (clay) soils.
27. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst
features.
38. In an Emergency Response Area (ERA) wWithin a Drinking Water Supply
Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13 ,
classified as moderate vulnerability unless the applicant performs a higher
level of engineering review sufficient to provide a functioning treatment
system and to prevent adverse impacts to groundwater.
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9. In an ERA within a DWSMA classified as high or very high vulnerability as
defined by the Minnesota Department of Health.
10. Outside of an ERA within a DWSMA classified as high or very high
vulnerability unless the applicant performs a higher level of engineering
review sufficient to provide a functioning treatment system and to prevent
adverse impacts to groundwater.
411..Where soil infiltration rates are more than 8.3 inches per hour unless soils
are amended to slow the infiltration rate below 8.3 inches per hour .
cb. Linear Projects.
1. Linear projects on sites where infiltration is not prohibited or restricted
that create one acre or more acresgreater of new a
1. nd/or fully reconstructed impervious surfaces, shall capture and retain the
larger of the following: 1.1 inches of runoff from the net increase in
impervious surface; or, 0.55 inches of runoff from the sum of the new and
fully reconstructed impervious surface. meet the requirements of
Subsection (e) of this section for the increase in impervious surface.
1. 2. Linear projects on sites where infiltration is prohibited or restricted that
create one acre or greater of fully reconstructed surface, shall meet the
requirements of Subsection (f) of this section for the impervious surface.
23. Mill and overlay and other resurfacing activities are not considered fully
reconstructed.
34. Where the entire water quality volume cannot be treated within the
existing right-of-way, Aa reasonable attempt must be made to obtain
additional right-of-way, property, or easements during the project planning
process for volume control practices. Volume reduction practices must be
considered first. Volume reduction practices are not required if the
practices cannot be provided cost effectively. If additional right-of-way,
property, or easements cannot be obtained, owners of the construction
activity must maximize the treatment of the water quality volume prior to
discharge to the City’s storm sewer system and surface waters. For linear
projects where the lack of right-of-way or property precludes the
installation of volume control practices to meet Subsection (g)(1)bc.1 or 2 of
this section, exceptions as described in Subsection (g)(2) of this section can
be applied.
(2) Exceptions. A lesser volume control standard on the site of the original construction
activity may be applied, at the discretion of the City, under the following
circumstances:
a. The permittee or owner of the construction site is precluded from infiltrating
stormwater due to limitations under Subsection (g)(1)a, b or c of this section;
and
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b. The permittee or owner of the construction site implements volume reduction
techniques, other than infiltration, on the site of the original construction activity
that reduce stormwater discharge volume but may not meet the requirements of
post-construction stormwater management; and,.
c. The permittee or owner records all attempts of infeasibility, and the treatment
of the water quality volume is maximized prior to discharge to the City’s storm
sewer system and surface waters.
(h) Mitigation. There may be circumstances where If the City determines that the permittee or
owner of a construction site cannot cost effectively meet the water quality conditions for
post-construction stormwater management for TSS and/or TP on the site of the original
construction activity. For this purpose, the City or permittee/owner shall identify locations
where mitigation projects can be completed. Any stormwater discharges of TSS and/or
TPThe remaining water quality volume not addressed on the site of the original
construction activity must be addressed through mitigation and, at a minimum, shall
ensure the following requirements are met:
(1) Mitigation project areas are selected in the following order of preference, with
consultation and approval of the City:
a. Locations that yield benefits to the same receiving water that receives runoff
from the original construction activity.
b. Locations within the same Department of Natural Resource (DNR) catchment
area as the original construction activity.
c. Locations in the next adjacent DNR catchment area upstream.
d. Locations anywhere within the City.
(2) Mitigation projects must involve the creation of new structural stormwater BMPs or
the retrofit of existing structural stormwater BMPs, or the use of a properly designed
regional structural stormwater BMP.
(3) Routine maintenance of structural stormwater BMPs already required by this chapter
cannot be used to meet the mitigation requirements.
(4) Mitigation projects shall be completed within 24 months after the start of the original
construction activity.
(5) The City shall determine, and document, who is responsible for long-term
maintenance on all mitigation projects,. including the establishment of maintenance
agreement(s) between the City and owners of structural stormwater BMPs not owned
or operated by the City.
(6) If the City receives payment from the owner and/or permittee for mitigation purposes
in lieu of the owner or permittee meeting the conditions for post-construction
stormwater management, the City shall apply any such payment received to a public
stormwater project, and all projects must be in compliance with this chapter.
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Section 9. City Code Chapter 107, Stormwater Management, Section 107-6. General
Performance Standards. is hereby amended as follows:
Sec. 107-6. General Performance Standards.
(a) Freeboard. The elevation separation of buildings with respect to lakes, streams, ponds,
basins, wetlands, and stormwater management facilities shall conform to the following:
(1) All new and existing structures and uses located in the floodplain are subject to
Section 113-125.
(2) For structures and uses located outside the floodplain, the following shall apply: The
lowest floor elevation of all new principal and accessory structures, and additions to
existing structures, shall be at least two feet above the calculated high water level of
adjacent wetlands, basins, ponds, and stormwater management facilities, or be
structurally floodproofed in accordance with Section 113-125. Calculated high water
levels shall be determined by the City based on the relevant Federal, State, BCWMC,
and City studies.
(b) Setbacks. New principal and accessory structures, and additions to existing structures, shall
be set back 25 feet from the following features:
(1) A delineated wetland edge.
(2) The top of bank of a pond, filtration basin, infiltration basin, as determined by the
Administrator unless such a feature is incorporated into the architectural design of
the building and the construction plans are prepared and signed by a licensed
structural engineer.
(c) Buffers.
(1) Native or natural vegetation buffers must be established or preserved in accordance
with this chapter and the requirements of the BCWMC.
(2) The buffer zone widths are as follows:
a. Streams. Ten feet or 25 percent of the distance between the ordinary high water
level and the nearest existing principal or accessory structure, whichever is less.
b. Wetlands. Based on a Minnesota Routine Assessment Methodology (MnRAM)
classification or similar classification system, buffer widths will be as follows
(measured from the delineated wetland edge):
1. Preserve: 75 feet average and minimum of 50 feet.
2. Manage 1: 50 feet average and minimum of 30 feet.
3. Manage 2 or 3: 25 feet average and a minimum of 15 feet.
c. Lakes. Minimum of 1510 feet in width measured from the OHWL.
d. Stormwater Management Facilities. Buffers shall extend from the normal water
level, or bottom of a dry basin, up to the top of bank of the stormwater
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management facility, as determined by the Administrator, and shall be a
minimum of 10 feet in width.
(3) The following standards shall guide the protection, creation or restoration of buffers
to achieve the goals and policies of the City's Surface Water Management Plan. The
Administrator may modify or waive standards depending on each project site and
goals for the water body.
a. The use of a meandering buffer strip to maintain a natural appearance is
encouraged in areas of flat topography.
b. An access corridor, not to exceed 20 feet in width or 20 percent of the buffer
edge, whichever is less, is permitted.
c. Accessory structures intended to provide access to wetlands such as retaining
walls, stairways and docks are permitted in the access corridor so long as they
conform with State regulations, BCWMC requirements, and other applicable
chapters of City code.
1. Retaining walls and stairways must be constructed with natural materials, or
materials with a natural appearance, and generally blend with the surrounding
landscape.
d. The City may require that the a buffer may be placed in a conservation
easement.
1. For new development and redevelopment projects involving the platting or
subdivision of land abutting or adjacent to a lake, wetland or stream, the City
shall require that the buffer be placed in a conservation easement.
e. Monuments identifying the conservation easement, designed in accordance with
City standards, should be placed every 100 feet to delineate the buffer edge and
at intersections with property lines.
f. Buffer strip vegetation should be appropriate tofor the site conditions and goals
for the water body. Where acceptable natural vegetation exists in buffer strip
areas, the retention of such vegetation in an undisturbed state is preferred.
(d) Wetlands.
(1) The City generally follows the hydrologic guidelines and standards for bounce
(difference between the peak flood elevation and the normal wetland elevation),
inundation (time that flood waters temporarily stored in the wetland exceed the normal
wetland elevation), and runout control (elevation of the outlet) listed in MnRAM Wetland
Management Classification System Table 1.1 Recommended Wetland Management
Standards found on the Minnesota Board of Water and Soil Resources website.
(2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without
the installation of post-construction stormwater management BMPs shall be prohibited.
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(3) Outside Storage. Wetlands and their required buffers shall not be used for outside
storage of household or personal items, lawn equipment, furniture, parts, yard waste,
and the like.
(4) Impervious Surface. Wetlands and their required buffers shall be kept free of
impervious surfaces excluding public roads, trails, bridges, and recreational facilities.
(5) Access. Structures intended to provide access across a wetland, including but not
limited to stairways, docks, bridges, and boardwalks, shall be prohibited unless a permit
is obtained in conformance with State regulations, BCWMC requirements, and other
applicable chapters of City code.
(6) Structures. Structures that are not intended to provide access to wetlands, such as
fences, walls, and play equipment shall not be located on wetlands.
(7) In scenarios of unavoidable wetland impact where replacement is proposed,
replacement shall occur in the following order:
a. Replacement on site.
b. Replacement within subwatershed.
c. Replacement within watershed.
d. Replacement within the City.
e. Purchase of wetland bank credits within County and Bank Service Area pursuant to
Minnesota Rules, Chapter 8420.
(e) Maintenance of private stormwater management facilities.
(1) No private stormwater management facilities may be approved unless a maintenance
plan is provided and is consistent with City and/or BCWMC and MCWD standards. All
such facilities shall be inspected annually or more often, with reports submitted to
the City, and maintained in proper condition consistent with the performance
standards for which they were originally designed.
(2) Owners of private stormwater management facilities shall enter into an agreement
with the City describing responsibility for the long-term inspection, operation and
maintenance of the facilities. Such responsibility shall be documented in a
maintenance plan and executed through a maintenance agreement. The maintenance
agreement shall be recorded against the parcel. The stormwater maintenance
agreement shall be in a form approved by the City and shall describe the inspection
and maintenance obligations of this section, and shall, at a minimum:
a. Designate the owner of the private facility, which shall be permanently
responsible for the maintenance of the structural stormwater BMP.
b. Run with the land and pass the responsibility for such maintenance to successors
in title.
c. Grant the City and its representatives the right of entry for the purposes of
inspecting all private stormwater management facilities.
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d. Allow the City the right to repair and maintain the facility, and assess costs if
necessary maintenance is not performed after proper and reasonable notice to
the owner.
e. Protect and preserve private stormwater management facilities. If the private
stormwater management facility changes causing decreased effectiveness, then
a new, repaired, or improved facility must be implemented to provide equivalent
treatment to the original BMP.
f. Include a requirement to provide and follow a Chloride Management Plan
addressing the use of chloride on the site, type of deicer to be used, personnel
certified for chloride application, rate of application for the site, and a map
showing snow storage areas and sensitive areas to avoid application. The
chloride management plan shall be updated annually.
(f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and
operate such devices within a privately-owned and maintained stormwater management
facility or BMP, provided the following requirements are met:
(1) Stormwater management facility or BMP must have at least 5 feet of permanent
depth where the device is installed.
(2) At least 75% of all property owners abutting the water body approve of the device,
as evidenced by signatures on a petition submitted to the City. If the property owner is a
common interest community, at least 75% of all unit owners shall approve of the device.
(3) Submittal of device/system specifics, documentation showing no negative water
quality impacts to water body or downstream water bodies, documentation of qualified
professional installer, maintenance and removal plan.
(4) No more than one horsepower motor or pump.
(5) Hours of operation are limited to 7am-10pm.
(6) Device shall only be operated between April 15 and October 15.
(7) Administrator may limit lighting, height, and width of spray.
(8) A permit is required for each stormwater management facility or BMP.
(9) Permit must be renewed each year.
Section 10. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater
and Urban Runoff Pollution Control. (b) Illegal Discharges and Illicit Connections. (1) is hereby
amended as follows:
(1) No person shall cause any illegal discharge to enter the municipal stormwater system
unless such discharge consists of non-stormwater that is authorized by an NPDES
point source permit obtained from the MPCA or is associated with firefighting
activitiesan exempt activity listed in section (b)(2) below .
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Section 11. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater
and Urban Runoff Pollution Control. (c) Good Housekeeping Provisions. (1) and (2) are hereby
amended as follows:
(1) Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or
otherwise expose any chemical or septic waste or pathogenic bacteria or viruses in an
area where discharge to streets or storm drain systems may occur. This chapter shall
apply to both actual and potential discharges. For swimming pools, the chlorination
system should be suspended for seven days to allow for chlorine to evaporate , or the
property owner may provide test results to the City showing the swimming pool
water is fully dechlorinated, before discharge to the owner's property or into the
storm sewer system.
(2) Runoff Minimized. Runoff of water from residential an owner’sall property shall be
minimized to the maximum extent practicable. Runoff of water from the washing
down of paved areas in commercial or industrial property is prohibited unless
necessary for health or safety purposes and not in violation of any other provision of
the City Code.
Section 12. This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the Golden Valley City Council this 7th day of February 2023.
______________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
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PART II - LAND DEVELOPMENT
Chapter 107 STORMWATER MANAGEMENT
Golden Valley, Minnesota, Code of Ordinances Created: 2021-06-24 13:03:41 [EST]
(Supp. No. 34, Update 1)
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Chapter 107 STORMWATER MANAGEMENT
Sec. 107-1. Statutory Authorization and Purpose.
(a)Statutory authorization. The ordinance from which this chapter is derived is adopted pursuant to the
authorization and policies contained in Minn. Stats. chs. 103B and 462; Minnesota Rules 6120.2500—
6120.3900, Minnesota Rules chapters 8410, 8420 and 7050.0210.
(b)Findings. The City finds that uncontrolled stormwater runoff and construction site erosion from land
development and land disturbing activities can have significant adverse impacts upon local and regional
water resources, diminishing the quality of public health, safety, public and private property and natural
resources of the community.
(c)Purpose. The general purpose of this chapter is to establish regulatory requirements for land development
and land disturbing activities aimed at minimizing the threats to public health, safety, public and private
property and natural resources within the community resulting from construction site erosion and post-
construction stormwater runoff, and illicit connections.
(d)This chapter is intended to meet the current construction site erosion, sediment, and waste control, and
post-construction stormwater management regulatory requirements for construction activity and small
construction activity (NPDES permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively.
(e)This chapter is intended to meet the minimal impact design standards (MIDS) developed under Minn. Stats. §
115.03, subd. 5c and the requirements of the Bassett Creek Watershed Management Commission.
(Code 1988, § 4.31(1); Ord. No. 198, 2nd Series, 5-13-1999; Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd
Series, 3-26-2015)
Sec. 107-2. Definitions and General Provisions.
(a)Definitions.The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning. Terms
not defined in this subsection shall have the meaning customarily assigned to them as a matter of general
usage. For the purposes of this chapter, the terms "must" and "shall" are mandatory and not permissive.
Administrator:The individual responsible for overseeing the requirements of the City Code for purposes of
this chapter; the Administrator shall be the City Manager or his/her designee.
Alteration:Any change or modification of land, water, vegetation or existing structures.
Applicant:A permittee, or any person or entity that applies for any permit for a project that includes a land
disturbing activity. The term "applicant" also means that person's agents, employees, and others acting
under that person's direction.
Bassett Creek Watershed Management Commission or BCWMC:The watershed management organization
established by a joint powers agreement between nine member cities including the City of Golden Valley.
The BCWMC is responsible for managing water resources within the 40-square-mile Bassett Creek
watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed.
Best Management Practices or BMPs:Erosion and sediment control and water quality management practices
that are the most effective and practicable means of controlling, preventing, and minimizing degradation of
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surface water, including construction-phasing, minimizing the length of time soil areas are exposed,
prohibitions, and other management practices published by state or designated areawide planning agencies.
Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control
Agency, 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council, 2001, State of Minnesota
Stormwater Manual, MPCA, Stormwater Management for Construction Activities: Developing Pollution
Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency, 1992, and Erosion
and Sediment Control Handbook, Minnesota Department of Transportation, 2013, as these documents may
be amended from time to time.
Calculated High Water Level:The peak surface water elevation calculated to have a one percent chance of
occurring in any given year using Atlas 14 precipitation data.
Development:The construction, installation or alteration of any structure; the extraction, filling, clearing or
other alteration of land or vegetation; the change of cross section of any water body or watercourse; the
subdivision of land pursuant to the City Code.
Earth Material:Any rock, natural soil or fill or combination thereof.
Erosion:The wearing away of soil by rainfall, surface water runoff, wind, or ice movement.
Erosion Control:Methods employed to prevent erosion. Examples include soil stabilization practices,
horizontal slope grading, temporary or permanent cover, and construction phasing.
Final Stabilization:The establishment of permanent cover on the entire site. Final stabilization may include,
but is not limited to, installation of vegetated areas, landscaped areas, paved surfaces, retaining walls, sewer
and water valves adjusted to final grade, and compliance with any and all associated permit requirements,
such as submission of as-built surveys.
Floodplain:Those areas within the City which include the beds proper and the areas adjoining Bassett Creek
or its tributaries, which have been, or hereafter may be, covered by a regional flood, or as further defined in
Section 113-125.
Grade:The vertical location of the ground surface.
Grading:Any land disturbance or landfill, or combination thereof.
Hazardous Materials:Any material, including any substance, waste, or combination thereof, which because
of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit Connections:
(1)Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge
to enter the storm drain system, including, but not limited to, any conveyance which allows any
non-stormwater discharge including sewage, process wastewater, and wash water to enter the
storm drain system and any connections to the storm drain system from indoor drains and sinks,
except discharges from sump pits, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized enforcement agency; or
(2)Any drain or conveyance connected from a residential, commercial or industrial land use to the
storm drain system, which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Illicit Discharge:Any discharge to the municipal separate storm sewer system that is not composed entirely
of stormwater, except for discharges allowed under a NPDES permit.
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Land Disturbance or Land Disturbing Activities:Any land change that may result in soil erosion from water or
wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a
disturbance that results in a change in topography, or disturbance of the existing soil cover (both vegetative
and non-vegetative). Land disturbing activities include clearing and grubbing, grading, excavating,
transporting earth material and filling of land for all new construction and redevelopment. Activities that do
not meet the thresholds for projects identified in Section 107-4(a) are not considered land disturbing
activities.
Linear Projects:Construction or reconstruction of a road, rail, trail, or other transportation route, or the
construction, repair, or reconstruction of a utility that is not a component of a larger development or
redevelopment project. Examples include road and road widening projects, trails, ditch work, road or rail
replacement, and utility installation.
Minimum Impact Design Standards (MIDS):Developed by the State Pollution Control Agency to minimize
stormwater runoff and pollution and thereby help maintain natural resources health. They are a prerequisite
for and guide the selection of best management practices required for each individual site.
Minnehaha Creek Watershed District or MCWD:The MCWD issues permits for erosion control and
stormwater management in a small area of the City south of Interstate 394 and east of Highway 100.
National Pollutant Discharge Elimination System or NPDES Program:The program for issuing, modifying,
revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301,
318, 402, and 405 and 33 CFR 1317, 1328, 1342, and 1345.
Owner:Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken.
Permanent Cover:Final stabilization. Examples include grass, native vegetation, landscape rock, mulch,
asphalt, and concrete.
Permit:An official document or certificate issued by the City authorizing performance of a specified activity.
Permittee:An applicant or any person or entity who signs the application submitted to the City and is
responsible for compliance with its terms and conditions.
Regional Flood:A flood which is representative of large floods known to have occurred generally in the State,
and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of
the 100-year recurrence interval or one percent chance of occurring in any given year using Atlas 14
precipitation data.
Redevelopment:For the purposes of determining post-construction stormwater management requirements,
any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent
or more of existing impervious surface.
Sediment:The product of an erosion process; solid material both mineral and organic, that is in suspension,
is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface
either above or below water level.
Sediment Control:Methods employed to prevent sediment from leaving the site. Sediment control practices
include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope
drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
Site:A parcel of real property owned by one or more than one person, which is being or is capable of being
developed as a single project.
Soil:The unconsolidated mineral and organic mineral material on the immediate surface of the earth.
Stabilized:The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other
material, which prevents erosion from occurring. Ground surface which has been seeded is not stabilized.
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Stormwater:Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and
drainage. Stormwater does not include construction site dewatering and sump discharge.
Stormwater Management Facilities:Structural and non-structural components of the stormwater
management system associated with the quality and quantity of stormwater runoff.
Stormwater Management Plan:A plan which describes how stormwater runoff and associated water
quantity and water quality impacts resulting from the proposed development project will be controlled and
managed.
Stormwater Management System:Public and/or private systems of collecting, conveying, storing and
treating stormwater runoff.
Stormwater Pollution Prevention Plan or SWPPP:A plan for stormwater discharge that includes erosion
prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel
of land and decrease off-site nonpoint pollution.
Sump Discharge:Water that has been filtered through the ground or soil layers resulting in clear water and
discharge by a sump pump. Sump discharge is not considered stormwater, but is an acceptance discharge.
Surface Waters:All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems,
waterways, and watercourses, whether natural or artificial, public or private.
Temporary Erosion Protection:Methods employed to prevent erosion before final stabilization. Examples
include erosion netting, wood fiber blanket, wood chips and silt fence.
Wetlands:Wetlands are defined in Minnesota Rules 7055.0130, subd. F, and includes those areas that are
inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(b)Responsibility.Neither the issuance of a stormwater management permit nor compliance with its conditions
or the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law
for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any
liability on the municipality or its officers or employees for injury or damage to persons or property. A permit
issued pursuant to this chapter shall not relieve the permittee of the responsibility of complying with any
other requirements established by law, regulation or ordinance.
(c)Abrogation and Greater Restrictions.It is not the intention of this chapter to repeal or abrogate any existing
grading, drainage and erosion control or stormwater management policies or permits issued under this
chapter, which permits shall continue in full force and effect; however, where this chapter imposes greater
restrictions, the provisions of this chapter shall prevail.
(d)Compatibility and Compliance with Other Regulations.This chapter is not intended to modify or repeal any
other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition
to the requirements of any other ordinance, rule, regulation or other provision of law, and where any
provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule,
regulation or other provision of law, whichever provision is more restrictive or imposes higher protective
standards shall control.
(e)Application to All Water Entering System.This chapter shall apply to all water entering the City's stormwater
management system from any land within the City.
(f)Responsibility for Administration and Waivers.The Administrator shall administer, implement, and enforce
the provisions of this chapter. Any powers granted or duties imposed upon the Administrator by this chapter
may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any
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submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and
performance standards of this chapter.
(Code 1988, § 4.31(2); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-3. Permit Authority for Land Disturbing Activities.
(a)City.The City is the permitting authority for land disturbing activities listed in Section 107-4(a) within the
boundaries of the BCWMC and the MCWD. The City may issue a stormwater management permit approving
land disturbing activities in these areas.
(b)Bassett Creek Watershed Management Commission (BCWMC).Although the BCWMC is not a permitting
authority, it has the authority to review and approve projects that disturb an area of 10,000 square feet or
more, or will result in more than 200 cubic yards of cut or fill, and projects listed in the BCWMC document
"Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC
guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after
the project has received preliminary review by the City indicating general compliance with existing local
watershed management plans.
(c)Minnehaha Creek Watershed District (MCWD).The MCWD is the permitting authority for land disturbing
activities in excess of 5,000 square feet or 50 cubic yards within the MCWD boundaries. In addition, projects
meeting criteria listed in the MCWD regulatory rules may also be subject to review and permitting. Where
required, the MCWD permit is in addition to a permit required by the City.
(d)Minnesota Pollution Control Agency (MPCA).The MPCA is the permitting authority for land disturbing
activities requiring an NPDES permit for construction activity, including the requirements for developing and
implementing a SWPPP. The NPDES permit is required for construction activity that results in land
disturbance of equal to or greater than one acre, or a common plan of development or sale that disturbs
greater than one acre, as defined in the NPDES permit. Where required, the NPDES permit is in addition to
permits required by the City and the MCWD.
(Code 1988, § 4.31(3); Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-4. City Stormwater Management Permit.
(a)Activities requiring a City Stormwater Management Permit.
(1)Land disturbing activities that remove soils or vegetation, including, but not limited to, clearing,
digging, dredging, draining or filling. Any of the following activities shall require a stormwater
management permit:
a.Any activities that disturb soils or vegetation in excess of 4,000 square feet.
b.Any activity that would involve construction, installation, demolition, modification or expansion
of a building foundation wall.
c.Construction or demolition of a swimming pool.
d.Construction or demolition of a retaining wall of sufficient height to require a building permit.
e.Any land disturbing activities within City right-of-way that have a duration greater than 72 hours
and are not covered by a right-of-way excavation, utility, or plumbing permit.
f.Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of soil.
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g.Construction, reclamation, expansion, removal or modification of a parking lot that exposes
aggregate base or underlying soils.
h.Construction, expansion or modification of a stormwater management facility or stormwater
BMP, including but not limited to installation of aerators, fountains, or similar water moving
devices.
i.Any land disturbing activities within the 100-year floodplain or calculated high water level of any
water body, or immediately adjacent to any wetland or public water body, including shoreline
restoration and creek bank stabilization.
j.Those activities required to meet the standards of the BCWMC as set forth in the current version
of BCWMC's "Requirements for Improvements and Development Proposals," as amended from
time to time.
(2)The following activities may be undertaken without a stormwater management permit:
a.Maintenance of existing yards.
b.Emergency work to preserve life or property.
(b)Application Submittal Requirements.Each City stormwater management permit application shall include two
sets of plans and supporting documentation and one electronic copy of the plans and supporting
documentation. The following items shall be required with each application, except to the extent waived by
the Administrator:
(1)Completed application forms and fees required by the City and BCWMC, if applicable.
(2)Provision made for financial securities as required in Subsection (f) of this section.
(3)Copies of permits or permit applications required by other jurisdictions.
(4)Existing site conditions on a certified survey, prepared to City standards and including existing
topography, easements, vegetation and drainage.
(5)Stormwater management plan and narrative. Plans must be prepared to City standards and the
standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than
one acre, including projects less than one acre that are part of a larger common plan of development or
sale, plans must be submitted that:
a.Meet the requirements of the NPDES construction stormwater permit issued by the MPCA, as
amended.
b.Meet the post-construction stormwater management requirements listed in Section 107-5.
(c)Application Review Process and Permit Approval.
(1)Pre-Review.The Administrator shall make a determination regarding the completeness of a permit
application within 15 business days of the receipt of the application and notify the applicant if the
application is not complete. Incomplete applications may result in automatic denial of the permit.
(2)Permit Review and Decision.When the City and the appropriate watershed management organizations
review permit applications or development proposals, the Administrator shall notify the applicant of
permit approval or denial within 60 days of receipt of a complete application.
(3)Permit Approval.Upon approval of the application, the Administrator shall issue a permit.
(4)Permit Denial.If the Administrator determines that the application does not meet the requirements of
this chapter, the application will be denied. All land use and building permits shall be suspended until
the applicant has an approved permit.
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(5)Plan Modifications.The applicant must amend any submitted plans as necessary to include additional
requirements, such as additional or modified BMPs designed to correct problems identified, or to
address situations whenever:
a.There is a change in design, construction, operation, maintenance, weather, or seasonal
conditions that has a significant effect on the discharge of pollutants to surface waters or
groundwaters.
b.Inspections or investigations by site operators, local, state or federal officials indicate the plans
are not effective in preventing or significantly minimizing the discharge of pollutants to surface
waters or groundwaters or that the discharges are not meeting water quality standards; or
c.The plan is not achieving the general objectives of minimizing pollutants in stormwater
discharges associated with construction activity.
(6)Permit Duration.Permits issued under this chapter shall be valid for the period during which the
proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place.
The permittee shall commence permitted activities within 60 days of the issuance of the permit for
grading or the permittee shall resubmit all required application forms, maps, plans, schedules and
security to the Administrator, except where an item to be resubmitted is waived by the Administrator.
The permit will expire or terminate when:
a.The site has been stabilized and approved by the Administrator; or
b.There has been 180 days of inactivity.
(d)Performance Standards for Construction Site Stormwater Runoff Control.
(1)All grading material and soil however placed on a grading site shall remain within the limits of the
grading site and not travel onto adjacent property, streets, or other public or private property as dust,
mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the
Administrator.
(2)All proposed stormwater BMPs must be maintained in accordance with the plans, details and
specifications approved by the City.
(3)Projects within the BCWMC boundaries that disturb an area of 10,000 square feet or more or will result
in more than 200 cubic yards of cut or fill shall meet the current requirements for Construction Erosion
and Sediment Control Plans specified by the BCWMC. Projects required to meet water quality
standards of the BCWMC shall meet the current design and maintenance requirements for the
proposed BMPs as specified by the BCWMC.
(4)Projects within the MCWD boundaries that disturb an area of 5,000 square feet or more or will result in
more than 50 cubic yards shall meet the erosion and sediment control requirements specified in the
current regulatory rules.
(5)Projects with land disturbing activities equal to or greater than one acre, including projects less than
one acre that are part of a larger common plan of development or sale,shall meet the requirements of
the NPDES construction stormwater permit issued by the MPCA, as amended, for erosion and sediment
controls and waste controls.
(e)Applicant Responsibilities.
(1)Inspections.The applicant is responsible for regular inspections and recordkeeping needed to
document compliance with the permit requirements. At a minimum, the applicant must inspect the
construction project once a week and within 24 hours of a rainfall event of one-half inch or greater in a
24-hour period. The City may conduct inspections as needed to ensure that both erosion and sediment
control measures and stormwater BMPs are properly installed and maintained prior to construction,
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during construction, and at the completion of the project. The applicant shall notify the City a
minimum of 72 hours prior to the following required City inspections:
a.Initial inspection: when all erosion and sediment control BMPs are installed. This inspection must
be completed before a building permit can be issued.
b.Project complete inspection: when the project is complete, including, but not limited to, final
grading, installation of all stormwater management facilities, removal of all temporary erosion
and sediment control BMPs, and completion of final stabilization. One-year warranty begins after
inspector approves project.
c.Warranty inspection: completed one year later to confirm that permanent site stabilization
methods have been successful and vegetation, has been established.
(2)Reporting.The applicant shall submit reports to the Administrator under the following circumstances
and shall submit recommendations for corrective measures, if appropriate, with such reports:
a.There are delays of more than seven days in obtaining materials, machinery, services or
manpower necessary to the implementation of the Stormwater Management Plan as scheduled.
b.There are delays of seven days in land disturbing or filling activities or soil storage.
c.The work is not being done in conformance with the approved plans and permit. Any changes to
the approved plan must be submitted to the Administrator for review and approval before work
can commence.
(3)Right of Entry.The issuance of a permit constitutes a right-of-entry for the City or its contractor to
enter the construction site. The applicant shall allow the City and its authorized representatives, to:
a.Enter the permitted site for the purpose of obtaining information, examining records, conducting
investigations or surveys
b.Bring such equipment on the site as is necessary to conduct such surveys and investigations
c.Examine and copy any books, papers, or digital files pertaining to activities or records required to
be kept under the terms and conditions of the permitted site
d.Inspect the stormwater pollution control measures
e.Sample and monitor any items or activities pertaining to stormwater pollution control measures
f.Correct deficiencies in stormwater and erosion and sediment control measures consistent with
Subsections (g)(5) and (6) of this section.
(f)Financial Security.
(1)Amount and Type.The applicant shall provide security for the performance of work to provide all
temporary and permanent erosion and sediment control measures, including final stabilization,
described and delineated in the approved permit in an amount not less than 125 percent of the
approved estimated cost of performing the described work. The type of the security shall be one or a
combination of the following to be determined by the Administrator:
a.Bond issued by one or more corporate sureties duly authorized to do business in the State. The
form of the bond shall be subject to the approval of the City Attorney
b.Deposit, either with the Administrator or a responsible escrow agent or trust company at the
option of the Administrator, of money, negotiable bonds of the kind approved for securing
deposits of public monies, or other instrument of credit from one or more financial institutions
subject to regulation by the State or Federal government wherein said financial institution
pledges funds are on deposit and guaranteed for payment
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c.Irrevocable letter of credit in a form acceptable to the City Attorney; or
d.Cash in U.S. currency.
(2)Release.Security deposited with the City for faithful performance of the approved plans and to finance
necessary remedial work shall be released one year after final inspection has been approved by the
Administrator, provided no action against such security has been filed prior to that date. The City
reserves the right to retain all or a percentage of the security for a warranty period at the discretion of
the Administrator.
(3)Reduction of Security.The Applicant may request a reduction of the security one time within the first
12 months of the issuance of the permit, and thereafter, one time within any 12-month period, which
period shall commence on the anniversary date of the issuance of the permit and shall end on the day
preceding the anniversary date of the issuance of the permit.
(g)Enforcement Actions to Ensure Compliance.
(1)Orders.The Administrator may issue an order to modify the approved permit and stipulate a time
frame for compliance per Subsection (c)(5) of this section. The applicant shall comply with said order.
(2)Permit Suspension.The Administrator shall suspend the permit and issue a stop work order if the
Administrator determines that the permit was issued in error, the applicant supplied incorrect
information, or the applicant is in violation of any provision of the approved plans, the permit, or this
chapter. The Administrator shall reinstate a suspended permit upon the applicant's correction of the
cause of the suspension.
(3)Construction Stop Work Order.The City Building Official may issue a stop work order for a related
building permit if requested by the Administrator.
(4)Permit Revocation.If the applicant fails or refuses to cease work as required, the Administrator shall
revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial
security in accordance with terms of Subsection (g)(6) of this section. The Administrator shall not
reinstate a revoked permit.
(5)Remedial Corrective Action.The City or a private contractor under contract with the City may conduct
remedial or corrective action on the project site or adjacent sites affected by project failure or to
implement actions specified in an order to modify plans and permit. The City may charge applicant for
all costs associated with correcting failures or remediating damage from the failures according to the
order, including, but not limited to, materials, equipment, staff time and attorney's fees. If payment is
not made within 30 days, payment will be made from the applicant's financial security or, in the case
where no permit was issued, payment will be assessed against the property.
(6)Action Against Financial Security.In any of the following circumstances, the City shall use funds from
the financial security to finance remedial work undertaken later by the City or a private contractor
under contract to the City, and to reimburse the City for all direct costs, including, but not limited to,
staff time and attorney's fees:
a.The applicant ceases land disturbing activities and/or filling activities prior to completion of the
Stormwater Management Plan
b.The applicant fails to conform to the Stormwater Management Plan as approved or as modified
under this Code, and has had his/her permit revoked under this Code
c.The techniques utilized under the Stormwater Management Plan fail within one year of
installation, or before final stabilization is implemented for the site or portions of the site,
whichever is later
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d.The Administrator determines that action by the City is necessary to prevent excessive erosion
from occurring on the site; or
e.The applicant fails to establish wetland, stream, or shoreline buffers as described in the
stormwater permit.
(7)Misdemeanor Violation.Any violation of the provisions of this chapter or failure to comply with any of
its requirements shall constitute a misdemeanor.
(8)Cumulative Enforcement.The procedures for enforcement of a permit, as set forth in this chapter, are
cumulative and not exclusive.
(Code 1988, § 4.31(4); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-5. Post-Construction Stormwater Management.
(a)The following projects must include a site plan with post-construction stormwater management BMPs that
meet the requirements of this chapter and are designed, constructed, and maintained in accordance with
the NPDES construction stormwater permit:
(1)New development and redevelopment projects with land disturbance of greater than or equal to one
acre, including projects less than one acre that are part of a larger common plan of development or
sale.
(2)Nonresidential development and redevelopment projects greater than one-half acre and less than one
acre that, at the time of permit application, do not drain to a stormwater management facility or BMP
onsite or on an adjacent property authorized by the adjacent property owner through a recorded
easement and maintenance agreement.
(b)Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-,
and 100-year 24-hour precipitation events.
(c)Volume control. New development and redevelopment projects on sites without prohibitions that create one
or more acres of new or fully reconstructed impervious surfaces shall capture and retain 1.1 inches of runoff
from the sum of the new impervious surface and the fully reconstructed impervious surface.
(d)Design. Stormwater volume control techniques and green infrastructure practices, including, but not limited
to, infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, and green roofs,
must be considered first as design options, provided they are consistent with City zoning, subdivision, and
planned unit development requirements, and sanitary sewer inflow and infiltration reduction requirements.
(e)Site Location. Above ground (surface) post-construction stormwater management BMPs are the preferred
design option. Below ground (subsurface) shall be allowed only if:
(1) the project is a redevelopment; and
(2) in the opinion of the City, no above ground design option is practicable.
(f)The minimal impact design standards (MIDS) and performance goals developed under and pursuant to Minn.
Stats. § 115.03, subd. 5c, along with the MIDS calculator and design sequence flowchart, and design criteria
in the Minnesota Stormwater Manual, is the preferred method for achieving the post-construction
stormwater management requirements described in this chapter, consistent with BCWMC requirements.
(g)Stormwater management limitations and exceptions.
(1)Limitations.
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a.Infiltration Prohibited.The use of infiltration techniques is prohibited when the infiltration
structural stormwater BMP will receive discharges from, or be constructed in, the following
areas:
1.Where industrial facilities are not authorized to infiltrate industrial stormwater under an
NPDES/SDS industrial stormwater permit.
2.Where vehicle fueling and maintenance occur.
3.Where less than three feet of separation from the bottom of the infiltration system to the
elevation of the seasonally saturated soils, groundwater, or the top of bedrock exists.
4.Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating
stormwater.
5.Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of
clear water into the sanitary sewer system.
6.In an area with predominately Hydrologic Soil Group D (clay) soils.
7.Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features.
8.In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area
(DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as moderate vulnerability
unless the applicant performs a higher level of engineering review sufficient to provide a
functioning treatment system and to prevent adverse impacts to groundwater.
9.In an ERA within a DWSMA classified as high or very high vulnerability as defined by the
Minnesota Department of Health.
10.Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the
applicant performs a higher level of engineering review sufficient to provide a functioning
treatment system and to prevent adverse impacts to groundwater.
11.Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to
slow the infiltration rate below 8.3 inches per hour.
b.Linear Projects.
1.Linear projects on sites where infiltration is not prohibited or restricted that create one or
more acres of new or fully reconstructed impervious surfaces, shall capture and retain the
larger of the following: 1.1 inches of runoff from the net increase in impervious surface; or,
0.55 inches of runoff from the sum of the new and fully reconstructed impervious surface.
2.Mill and overlay and other resurfacing activities are not considered fully reconstructed.
3.Where the entire water quality volume cannot be treated within the existing right-of-way,
a reasonable attempt must be made to obtain additional right-of-way, property, or
easements during the project planning process. Volume reduction practices must be
considered first. Volume reduction practices are not required if the practices cannot be
provided cost effectively. If additional right-of-way, property, or easements cannot be
obtained, owners of the construction activity must maximize the treatment of the water
quality volume prior to discharge to the City’s storm sewer system and surface waters. For
linear projects where the lack of right-of-way or property precludes the installation of
volume control practices to meet Subsection (g)(1)b.1 of this section, exceptions as
described in Subsection (g)(2) of this section can be applied.
(2)Exceptions.A lesser volume control standard on the site of the original construction activity may be
applied, at the discretion of the City, under the following circumstances:
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a.The permittee or owner of the construction site is precluded from infiltrating stormwater due to
limitations under Subsection (g)(1)a of this section; and
b.The permittee or owner of the construction site implements volume reduction techniques, other
than infiltration, on the site of the original construction activity that reduce stormwater discharge
volume but may not meet the requirements of post-construction stormwater management; and,
c. The permittee or owner records all attempts of infeasibility, and the treatment of the water
quality volume is maximized prior to discharge to the City’s storm sewer system and surface
waters.
(h)Mitigation. If the City determines that the permittee or owner of a construction site cannot cost effectively
meet the water quality conditions for post-construction stormwater management on the site of the original
construction activity, the City or permittee/owner shall identify locations where mitigation projects can be
completed. The remaining water quality volume not addressed on the site of the original construction
activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements
are met:
(1)Mitigation project areas are selected in the following order of preference, with consultation and
approval of the City:
a.Locations that yield benefits to the same receiving water that receives runoff from the original
construction activity.
b.Locations within the same Department of Natural Resource (DNR) catchment area as the original
construction activity.
c.Locations in the next adjacent DNR catchment area upstream.
d.Locations anywhere within the City.
(2)Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of
existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater
BMP.
(3)Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used
to meet the mitigation requirements.
(4)Mitigation projects shall be completed within 24 months after the start of the original construction
activity.
(5)The City shall determine, and document, who is responsible for long-term maintenance on all
mitigation projects, including the establishment of maintenance agreement(s) between the City and
owners of structural stormwater BMPs not owned or operated by the City.
(6)If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the
owner or permittee meeting the conditions for post-construction stormwater management, the City
shall apply any such payment received to a public stormwater project, and all projects must be in
compliance with this chapter.
(Code 1988, § 4.31(5))
Sec. 107-6. General Performance Standards.
(a)Freeboard.The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and
stormwater management facilities shall conform to the following:
(1)All new and existing structures and uses located in the floodplain are subject to Section 113-125.
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(2)For structures and uses located outside the floodplain, the following shall apply: The lowest floor
elevation of all new principal and accessory structures, and additions to existing structures, shall be at
least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and
stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125.
Calculated high water levels shall be determined by the City based on the relevant Federal, State,
BCWMC, and City studies.
(b)Setbacks.New principal and accessory structures, and additions to existing structures, shall be set back 25
feet from the following features:
(1)A delineated wetland edge.
(2)The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless
such a feature is incorporated into the architectural design of the building and the construction plans
are prepared and signed by a licensed structural engineer.
(c)Buffers.
(1)Native or natural vegetation buffers must be established or preserved in accordance with this chapter
and the requirements of the BCWMC.
(2)The buffer zone widths are as follows:
a.Streams.Ten feet or 25 percent of the distance between the ordinary high water level and the
nearest existing principal or accessory structure, whichever is less.
b.Wetlands.Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or
similar classification system, buffer widths will be as follows (measured from the delineated
wetland edge):
1.Preserve: 75 feet average and minimum of 50 feet.
2.Manage 1: 50 feet average and minimum of 30 feet.
3.Manage 2 or 3: 25 feet average and a minimum of 15 feet.
c.Lakes.Minimum of 15 feet in width measured from the OHWL.
d.Stormwater Management Facilities.Buffers shall extend from the normal water level, or bottom
of a dry basin, up to the top of bank of the stormwater management facility, as determined by
the Administrator, and shall be a minimum of 10 feet in width.
(3)The following standards shall guide the protection, creation or restoration of buffers to achieve the
goals and policies of the City's Surface Water Management Plan. The Administrator may modify or
waive standards depending on each project site and goals for the water body.
a.The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of
flat topography.
b.An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is
less, is permitted.
c.Accessory structures intended to provide access to wetlands such as retaining walls, stairways
and docks are permitted in the access corridor so long as they conform with State regulations,
BCWMC requirements, and other applicable chapters of City code. Retaining walls and stairways
must be constructed with natural materials, or materials with a natural appearance, and
generally blend with the surrounding landscape.
d.The City may require that a buffer be placed in a conservation easement. For new development
and redevelopment projects involving the platting or subdivision of land abutting or adjacent to a
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lake, wetland or stream, the City shall require that the buffer be placed in a conservation
easement.
e.Monuments identifying the conservation easement, designed in accordance with City standards,
should be placed every 100 feet to delineate the buffer edge and at intersections with property
lines.
f.Buffer strip vegetation should be appropriate for the site conditions and goals for the water
body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such
vegetation in an undisturbed state is preferred.
(d) Wetlands.
(1) The City generally follows the hydrologic guidelines and standards for bounce (difference between the
peak flood elevation and the normal wetland elevation), inundation (time that flood waters temporarily
stored in the wetland exceed the normal wetland elevation), and runout control (elevation of the outlet)
listed in MnRAM Wetland Management Classification System Table 1.1 Recommended Wetland
Management Standards found on the Minnesota Board of Water and Soil Resources website.
(2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without the installation of
post-construction stormwater management BMPs shall be prohibited.
(3) Outside Storage. Wetlands and their required buffers shall not be used for outside storage of
household or personal items, lawn equipment, furniture, parts, yard waste, and the like.
(4) Impervious Surface. Wetlands and their required buffers shall be kept free of impervious surfaces
excluding public roads, trails, bridges, and recreational facilities.
(5) Access. Structures intended to provide access across a wetland, including but not limited to stairways,
docks, bridges, and boardwalks, shall be prohibited unless a permit is obtained in conformance with State
regulations, BCWMC requirements, and other applicable chapters of City code.
(6) Structures. Structures that are not intended to provide access to wetlands, such as fences, walls, and play
equipment shall not be located on wetlands.
(7) In scenarios of unavoidable wetland impact where replacement is proposed, replacement shall occur in
the following order:
a. Replacement on site.
b. Replacement within subwatershed.
c. Replacement within watershed.
d. Replacement within the City.
e. Purchase of wetland bank credits within County and Bank Service Area pursuant to Minnesota Rules,
Chapter 8420.
(e) Maintenance of private stormwater management facilities.
(1)No private stormwater management facilities may be approved unless a maintenance plan is provided
and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected
annually or more often, with reports submitted to the City, and maintained in proper condition
consistent with the performance standards for which they were originally designed.
(2)Owners of private stormwater management facilities shall enter into an agreement with the City
describing responsibility for the long-term inspection, operation and maintenance of the facilities. Such
responsibility shall be documented in a maintenance plan and executed through a maintenance
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agreement. The maintenance agreement shall be recorded against the parcel. The stormwater
maintenance agreement shall be in a form approved by the City and shall describe the inspection and
maintenance obligations of this section, and shall, at a minimum:
a. Designate the owner of the private facility, which shall be permanently responsible for the
maintenance of the structural stormwater BMP.
b. Run with the land and pass the responsibility for such maintenance to successors in title.
c.Grant the City and its representatives the right of entry for the purposes of inspecting all private
stormwater management facilities.
d.Allow the City the right to repair and maintain the facility, and assess costs if necessary
maintenance is not performed after proper and reasonable notice to the owner.
e.Protect and preserve private stormwater management facilities. If the private stormwater
management facility changes causing decreased effectiveness, then a new, repaired, or improved
facility must be implemented to provide equivalent treatment to the original BMP.
f. Include a requirement to provide and follow a Chloride Management Plan addressing the use of
chloride on the site, type of deicer to be used, personnel certified for chloride application, rate of
application for the site, and a map showing snow storage areas and sensitive areas to avoid
application. The chloride management plan shall be updated annually.
(f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and operate such devices
within a privately-owned and maintained stormwater management facility or BMP, provided the following
requirements are met:
(1) Stormwater management facility or BMP must have at least 5 feet of permanent depth where the
device is installed.
(2) At least 75% of all property owners abutting the water body approve of the device, as evidenced by
signatures on a petition submitted to the City. If the property owner is a common interest community, at least
75% of all unit owners shall approve of the device.
(3) Submittal of device/system specifics, documentation showing no negative water quality impacts to
water body or downstream water bodies, documentation of qualified professional installer, maintenance and
removal plan.
(4) No more than one horsepower motor or pump.
(5) Hours of operation are limited to 7am-10pm.
(6) Device shall only be operated between April 15 and October 15.
(7) Administrator may limit lighting, height, and width of spray.
(8) A permit is required for each stormwater management facility or BMP.
(9) Permit must be renewed each year.
(Code 1988, § 4.31(6); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
Sec. 107-7. Stormwater and Urban Runoff Pollution Control.
(a)Illegal Disposal.
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(1)Discarded Materials.No person shall throw, deposit, place, leave, maintain, or keep, or permit to be
thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or
abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet,
catchbasin conduit or drainage structure, business place, or upon any public or private plot of land in
the City, so that the same might be or become a pollutant, except in containers, recycling bags, or
other lawfully established waste disposal facility.
(2)Landscape Debris.No person shall dispose of leaves, dirt, or other landscape debris into a street, road,
alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal,
storm drain or any fabricated natural conveyance.
(b)Illegal Discharges and Illicit Connections.
(1)No person shall cause any illegal discharge to enter the municipal stormwater system unless such
discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained
from the MPCA or is an exempt activity listed in section (b)(2) below.
(2)The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
a.The following discharges are exempt from discharge prohibitions established by this chapter:
water line flushing, landscape irrigation, diverted stream flows, rising groundwater infiltration,
uncontaminated pumped groundwater, sump pump discharge, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water from
crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from
riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.
b.Discharges or flow from firefighting.
c.Discharges associated with dye testing; however, this activity requires a verbal notification to the
City's Public Works Division prior to the time of the test.
(3)The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to the storm drain system.
(4)No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater
system.
(c)Good Housekeeping Provisions.Any owner or occupant of property within the City shall comply with the
following good housekeeping requirements:
(1)Chemical or Septic Waste.No person shall leave, deposit, discharge, dump, or otherwise expose any
chemical or septic waste or pathogenic bacteria or viruses in an area where discharge to streets or
storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For
swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to
evaporate, or the property owner may provide test results to the City showing the swimming pool
water is fully dechlorinated, before discharge to the owner's property or into the storm sewer system.
(2)Runoff Minimized.Runoff of water from all property shall be minimized to the maximum extent
practicable. Runoff of water from the washing down of paved areas in commercial or industrial
property is prohibited unless necessary for health or safety purposes and not in violation of any other
provision of the City Code.
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(3)Storage of Materials, Machinery, and Equipment.Materials or equipment shall be stored to limit risk of
contamination by runoff.
a.Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and
unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to
runoff.
b.Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff
shall be placed in a confined area to contain leaks, spills, or discharges.
(4)Watercourse Protection.Every person owning property through which a watercourse passes, or such
person's lessee, shall keep and maintain that part of the watercourse within the property free of trash,
debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become a hazard to use,
function, or physical integrity of the watercourse.
(d)Removal of Debris and Residue.
(1)All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and
residues. Such debris and residue shall be collected and disposed of in accordance with law.
(2)Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage
or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible
and disposed of properly. Household hazardous waste may be disposed of through the County
collection program or at any other appropriate disposal site and shall not be placed in a trash
container.
(e)Notification of Spills or Leaks.Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting or may result in illegal discharges or
pollutants discharging into stormwater, the stormwater management system, or surface waters, said person
shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately notify emergency response agencies
of the occurrence via emergency dispatch services. This shall include immediate notification of the State
Department of Safety Duty Officer, if the source of the illegal discharge is a spill or leak as defined in Minn.
Stats. § 115.061. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least two
years.
(f)Compliance Monitoring.
(1)Right of Entry.City inspectors and regulators shall be permitted to enter and inspect facilities subject to
regulation under this chapter as often as may be necessary to determine compliance with this chapter.
a.If a discharger has security measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary arrangements to allow
access to representatives of the City.
b.Facility operators shall allow approved City employees ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying of records that must be kept
under the conditions of an NPDES permit to discharge stormwater.
c.The City shall have the right to set up on any facility such devices as are necessary to conduct
monitoring and/or sampling of the facility's stormwater discharge to ensure compliance with this
chapter.
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d.The City has the right to require the discharger to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
e.Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the operator at the written or oral request of the
City and shall not be replaced. The costs of clearing such access shall be borne by the operator.
f.Unreasonable delays in allowing City access to a facility is a violation of this chapter. A person
who is the operator of a facility commits an offense if the person denies the City reasonable
access to the facility for the purpose of conducting any activity authorized or required by this
chapter.
(2)Search Warrants.If the City has been refused access to any part of the premises from which
stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a
violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this chapter or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the community, then the City may seek
issuance of a search warrant from any court of competent jurisdiction.
(g)Violations, Enforcement, and Penalties.
(1)Violations.It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person who has violated or continues to violate the provisions of this
chapter, may be subject to the enforcement actions outlined in this chapter or may be restrained by
injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an
immediate danger to public health or public safety, the City is authorized to enter upon the subject
private property, without giving prior notice, to take any and all measures necessary to abate the
violation and/or restore the property. The City is authorized to seek costs of the abatement as outlined
in Chapter 10.
(2)Warning Notice.When the City finds that any person has violated, or continues to violate, any
provision of this chapter, or any order issued hereunder, the City may serve upon that person a written
warning notice, specifying the particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution whereby any offending
discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in
no way relieves the alleged violator of liability for any violations occurring before or after receipt of the
warning notice. Nothing in this subsection shall limit the authority of the City to take any action,
including emergency action or any other enforcement action, without first issuing a warning notice.
(3)Notice of Violation.Whenever the City finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, the City may order compliance by written notice of violation to the
responsible person.
a.The notice of violation shall contain:
1.The name and address of the alleged violator
2.The address when available or a description of the building, structure or land upon which
the violation is occurring, or has occurred
3.A statement specifying the nature of the violation
4.A description of the remedial measures necessary to restore compliance with this chapter
and a time schedule for the completion of such remedial action
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5.A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed
6.A statement that the determination of violation may be appealed to the City by filing a
written notice of appeal within five days of service of notice of violation; and
7.A statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental agency or
a contractor and the expense thereof shall be charged to the violator.
b.Such notice may require, without limitation:
1.The performance of monitoring, analyses, and reporting
2.The elimination of illicit connections or discharges
3.That violating discharges, practices, or operations shall cease and desist
4.The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property
5.Payment of a fine to cover administrative and remediation costs; and
6.The implementation of source control or treatment BMPs.
(4)Civil Penalties.In the event an alleged violator fails to take the remedial measures set forth in the
notice of violation or otherwise fails to cure the violations described therein within five days, or such
greater period as the City shall deem appropriate, the City may impose a penalty not to exceed
$1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied
after receipt of the notice of violation.
(h)Appeal of Notice of Violation.If the violation has not been corrected pursuant to the requirements set forth
in the notice of violation, or, in the event of an appeal, within five days of the decision of the municipal
authority upholding the decision of the City then representatives of the City shall enter upon the subject
private property and are authorized to take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner, agent or person in possession of any
premises to refuse to allow the government agency or designated contractor to enter upon the premises for
the purposes set forth above.
(i)Cost of Abatement of the Violation.Within five days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative costs. The property owner may
file a written protest objecting to the amount of the assessment within five days. If the amount due is not
paid within a timely manner as determined by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
(j)Violations Deemed a Public Nuisance.In addition to the enforcement processes and penalties provided in this
chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a
threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
(Code 1988, § 4.31(7); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
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Sec. 107-8. Responsibility for Stormwater Drainage on Private Property.
(a)Responsibility.Property owners are responsible for stormwater drainage on private property. The City
assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer
system.
(b)Technical Assistance.Upon written request, the City may provide technical assistance to investigate or
correct a drainage problem on private property.
(c)Petition.Property owners may petition the City for public improvements to correct a drainage problem on
private property.
(d)Costs.Property owners shall pay all costs associated with correcting drainage problems on private property
including City staff time, consultant costs, legal fees, and design and construction costs.
(e)Assessment.If property owners petition the City to construct a public project, project costs shall be assessed
to each property contributing flow to the problem area in accordance with Minn. Stats. ch. 429 and pursuant
to the City's assessment policy.
(Code 1988, § 4.31(8); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015)
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RESOLUTION NO. 23-009
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 758
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 107 STORMWATER MANAGEMENT
WHEREAS, the City has adopted the above reference amendment of the Golden Valley
City Code; and
WHEREAS,the verbatim text of the amendment is cumbersome, and the expense of
the publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley
that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 758
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 107 STORMWATER MANAGEMENT
This is a summary of the provisions of Ordinance No. 758 which has been approved for
publication by the City Council.
At the February 7, 2023 City Council meeting, the Golden Valley City Council enacted
Ordinance No. 758 amending City Code Chapter 107 Stormwater Management. The full
ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road
during normal business hours and online at www.goldenvalleymn.gov/code/.
Adopted by the City council this 7th day of February 2023.
______________________________
Shepard M. Harris, Mayor
ATTEST:
______________________________
Theresa Schyma, City Clerk
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Review of Council Calendar
Event Event Time Location
FEBRUARY
Thursday, February 9
Remote Fire Station Site Selection Open House 6:00 PM - 8:00 PM Online Via Webex
Sunday, February 12
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Tuesday, February 14
Council Work Session 6:30 PM Hybrid - Council Conference Room
Thursday, February 16
Building An Equitable Golden Valley Quarterly Conversation:
Umoja Mixer 6:00 PM - 7:15 PM Brookview
Monday, February 20
City Offices Closed for Observance of Presidents' Day
Tuesday, February 21
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, February 23
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley Room
Friday, February 24
Municipal Legislative Commission (MLC)
Legislative Breakfast Meeting 8:00 AM - 9:30 AM Braemar Golf Course
6364 John Harris Dr, Edina
Sunday, February 26
West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center
1001 MN-7, Hopkins, MN
Tuesday, February 28
City Council Annual Joint Meeting with Boards/Commissions 6:00 PM Brookview - Bassett Creek Room
MARCH
Friday, March 3
State of the City 3:00 PM - 4:30 PM WSB, 701 Xenia Ave S, UNIT 300
Monday, March 6
Twin Cities Public Television Presentation -
Bridging the Faultlines: Stories of Racism and Resistance
(Program 2)
6:00 PM - 9:00 PM Capri Theater, 2027 W Broadway
Ave, Minneapolis
Tuesday, March 7
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, March 12
Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview
Bassett Creek Room
Tuesday, March 14
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, March 21
HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, March 23
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
207