07-18-23 City Council AgendaJuly 18, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Appreciation for Senator Rest and Representative Freiberg
1D.Update by Hennepin County Sheriff Dawanna Witt
1E.Swearing-In Ceremony for New Members of the Golden Valley Police Department
1F.Proclamation Recognizing National Night Out - Tuesday, August 1
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 Check Registers
3B.Boards, Commissions, and Task Forces:
3B.1.Board and Commission Appointments
3C.Bids, Quotes, and Contracts:
3C.1.Authorize Agreement for SEA-Wildwood Park Sun Shelter with Minnesota-Wisconsin
Playground Inc.
3D.Approve Variance Extension at 2330 York Avenue North
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 2457 870
6334 and webinar password 1234. M embers of the public wishing to address the Council remotely
have two options:
Via web stream - Stream via Webex and u se the ‘raise hand’ feature during public comment
sections.
Via phone - Call 1-415-655-0001 and enter meeting code 2457 870 6334, webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting July 18, 2023 — 6:30 PM
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3E.Adopt Resolution No. 2023-064 Approving Laws 2023, Regular Session, Chapter 64,
Article 10, Section 37, to Impose a Sales and Use Tax
3F.Adopt Resolution 23-065 for a Reimbursement Agreement for the New Public Works and
Public Safety Facilities
3G.Adopt Resolution No. 23-066 Assigning Contingency funds to City Manager's Department
for 2023 Strategic Priorities
4.Public Hearing
4A.Hazardous Building Declaration-2425 Douglas Drive North
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A. First Consideration of Ordinance No. 768 - Updates to Solid Waste Ordinance (Backyard
Compostin g)
6B. Review of Council Calendar
6C. Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting July 18, 2023 — 6:30 PM
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
1C. Appreciation for Senator Rest and Representative Freiberg
Prepared By
Timothy Cruikshank, City Manager
Summary
Senator Rest and Representative Freiberg will be in attendance for an appreciation presentation
Financial or Budget Considerations
No financial consideration for this item.
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.
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EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
1D. Update by Hennepin County Sheriff Dawanna Witt
Prepared By
Virgil Green, Police Chief
Summary
Hennepin County Sheriff Dawanna Witt will present an update to the Council.
Legal Considerations
Legal review is not required on this item.
Equity Considerations
Equity review is not required on this item.
Recommended Action
No action is required on this item.
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EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
1F. Proclamation Recognizing National Night Out - Tuesday, August 1
Prepared By
Virgil Green, Police Chief
Summary
National Night Out is an annual community-building campaign that promotes police-community
partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to
live.
Additionally, National Night Out enhances the relationship between neighbors and law enforcement
while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring
police and neighbors together under positive circumstances.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item does not require equity review.
Recommended Action
Motion to adopt a proclamation recognizing National Night Out on Tuesday, August 1.
Supporting Documents
GVPD 2023 NNO Proclomation
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CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING NATIONAL NIGHT OUT
AUGUST 1, 2023
WHEREAS,the Minnesota Crime Prevention Association, along with AAA, and
local law enforcement agencies are sponsoring a statewide program called National
Night Out on Tuesday, August 1, 2023; and
WHEREAS,National Night Out is designed to get to know one another in the
City of Golden Valley, build neighborhood involvement by bringing police and
communities together, and to bring an awareness to crime prevention and local law
enforcement efforts; and
WHEREAS,National Night Out supports the idea that crime prevention is an
inexpensive, effective tool in strengthening police and community partnerships; and
WHEREAS,National Night Out provides opportunities to celebrate the ongoing
work of law enforcement and neighborhoods in Golden Valley by working together to
fight crime and victimization and increase public safety for all residents; and
WHEREAS,the residents of Golden Valley play an important role in assisting law
enforcement through joint crime, drug and violence prevention efforts.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of
Golden Valley do hereby proclaim August 1, 2023, as National Night Out in the City of
Golden Valley. We call upon all residents and civic organizations to help strengthen
Golden Valley by participating in National Night Out events in their neighborhoods and
continuing to build community relationships.
IN WITNESS WHEREOF,I have hereunto set my hand and caused the seal of
the City of Golden Valley to be affixed on this 18th day of July 2023.
___________________________
Shepard M. Harris, Mayor
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3A. 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:
07-06-23 Check Register
Financial or Budget Considerations
The check register has a general ledger code as to where teach claim is charged. At the end of the
register is a total amount paid by fund.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3B.1. Board and Commission Appointments
Prepared By
Melissa Croft, Executive Assistant
Summary
City Council conducts interviews for vacant Board and Commission seats on a rolling basis. Attached is
the list of current vacancies along with the list of candidates that have interviewed for those positions
in the last year, to be considered for appointment.
Legal Considerations
This item does not require legal review.
Equity Considerations
As a general guideline, each board or commission should be comprised of a diverse population
representing a wide range of groups and interests. Furthermore, appointing new commission
members fits within the Advancement of Diversity, Equity, and Inclusion pillar of the City's Equity Plan
as well as the Inclusive Community Engagement pillar.
Recommended Action
Motion to make the following appointments.
Supporting Documents
2023 B&C Vacancies and Considerations
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Current Board and Commission Vacancies
BOARD OF ZONING APPEALS TERM DATE
Youth Vacancy August 30, 2023
ENVIRONMENTAL COMMISSION TERM DATE
None
COMMUNITY SERVICES COMMISSION TERM DATE
Vacancy April 30, 2024
Vacancy April 30, 2025
Vacancy April 30, 2025
Vacancy April 30, 2026
Youth Vacancy August 30, 2023
OPEN SPACE AND RECREATION COMMISSION TERM DATE
Youth Vacancy August 30, 2023
PLANNING COMMISSION TERM DATE
Vacancy April 30, 2024
Vacancy April 30, 2024
Vacancy April 30, 2025
Youth Vacancy August 30, 2023
DEI COMMISSION TERM DATE
Vacancy April 30, 2026
Youth Vacancy August 30, 2023
PEACE COMMISSION TERM DATE
Youth Vacancy (can consider non-youth if no
youth applicants)
August 30, 2024
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List of Considera�ons
BZA/OSRC/PC INTERVIEW DATE
Benjamin Fricke July 5, 2023
PLANNING COMMISSION INTERVIEW DATE
Robert Meredith July 5, 2023
Amy Barnstorff July 18, 2023
Gary Cohen July 18, 2023
DEI COMMISSION INTERVIEW DATE
George Kannenberg July 5, 2023
PEACE COMMISSION INTERVIEW DATE
Karen Boehne February 7, 2023
Tracey Fussy April 18, 2023
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3C.1. Authorize Agreement for SEA-Wildwood Park Sun Shelter with Minnesota-Wisconsin Playground
Inc.
Prepared By
Eric Eckman, Environmental Resources Supervisor
Rick Birno, Parks & Recreation Director; Tim Kieffer, Public Works Director
Summary
As part of the School of Engineering and Arts (SEA)-Wildwood Park Flood Mitigation Project, the City of
Golden Valley partnered with Robbinsdale Area Schools and the Bassett Creek Watershed
Management Commission to engage the community and develop a plan to create flood storage and
lower flood levels in the DeCola Ponds area. The plan includes the preservation of several features
within the park and school property (pickleball courts, sledding hill, wooded hill, school bus driveway)
and the relocation/rebuild of other features (playground and sun shelter) in order to create the flood
storage necessary to meet project goals and increase community resilience to a changing climate.
In order to advance the City’s equity goals, best meet the scheduling needs of the SEA school, and
complete work in the most efficient and cost-effective manner, the larger flood mitigation project was
separated into several smaller, more specialized contracts. This contract is specific to the construction
of the sun shelter.
A request for quotes was sent to 52 contractors, including DBEs listed in the MnUCP and the Central
Certification Program, and organizations representing women and BIPOC owned businesses. One
quote was received on June 29, 2023:
Contractor Quote
Minnesota-Wisconsin Playground Inc. $57,229
Staff reviewed the quote and found it to be accurate and in order. Staff recommends awarding the
sun shelter contract to Minnesota-Wisconsin Playground Inc. for $57,229. As a requirement of the
state grant funding for this project, this contract requires payment of prevailing wages for all labor.
Installation of the sun shelter is scheduled for August-September 2023.
Financial or Budget Considerations
The sun shelter costs are included in the overall flood mitigation project budget and will be funded by
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existing project funding sources (Mn Department of Natural Resources (MnDNR) Flood Damage
Reduction Grant, the Bassett Creek Watershed Management Commission (BCWMC), Hennepin
County, and City of Golden Valley) as approved by City Council on March 7, 2023. All costs for the sun
shelter are eligible for reimbursement by the MnDNR and BCWMC.
Legal Considerations
Agreement For Local Improvement has been reviewed and approved by the City Attorney.
Equity Considerations
Supports the City’s Equity Plan pillar to provide unbiased programs and services through infrastructure
that supports and advances diversity, equity, and inclusion. Supports the Equity Plan Pillar, Economic
Prosperity For All, as the overall flood mitigation project was separated into many smaller contracts,
which offers more opportunities to a wider array of contractors and workers.
Recommended Action
Motion to authorize the Mayor and City Manager to execute agreement with Minnesota-Wisconsin
Playground Inc for the purchase and installation of the SEA-Wildwood Park sun shelter in the amount
of $57,229.
Supporting Documents
Local Improvement Agreement for Wildwood Sun Shelter with MN WIS Playground
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CONTRACT FOR LOCAL IMPROVEMENT
THIS AGREEMENT is made this 18
th day of July, 2023 (the “Effective Date”) by and between Minnesota Wisconsin
Playground, a Minnesota Company located at 5101 Olson Memorial Highway #6000, Golden Valley, MN 55427
(“Contractor”), 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. Contractor is engaged in the business of the sale and installation of steel sun shelters.
B. The City desires to hire Contractor to provide and install 20’x20’ square sun shelter.
C. Contractor represents that it has the professional expertise and capabilities to provide the City with the
requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is
willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and Contractoragree
as follows:
AGREEMENT
1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”).
The Work includes all work and services required by this Agreement, whether completed or partially completed,
and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill
Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit
B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by
Contractor’s operations.
2.Time for Completion.Contractor shall commence Work not later than September 2023. The Contractor
shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s Project Manager
on or before October 31, 2023 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of
delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the
Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the
Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City
may, at its discretion, extend the Contract Time.
3.Consideration.The consideration, which the City shall pay to Contractor, shall not exceed $57,229.00. The
consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in
performing the Work.
a. $57,229.00 within 30 days of the Final Completion Date, as that term is defined in section 9 below.
Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty
(30) days after receiving a statement from Contractor.
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4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or
materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and
specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval
shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if
such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from
the contract price for the Work.
5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications;
and other documents listed herein.
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:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
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.
6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental
expenses. All expenses of Contractor shall be built into Contractor’s fixed 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.
7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases,
or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via
electronic mail.
8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall
take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury,
or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement,
roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of
its subcontractors, agents, or anyone directly or indirectly employed by any of them.
9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and
approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials
shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and
approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any
loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final
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delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as
operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the
completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state
the date on which the City accepts the completed Work (the “Final Completion Date”).
10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience
necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and
will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals
currently providing similar work. Contractor further represents and warrants to the City that the materials and
equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits
otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will
be free from defects. Work, materials, or equipment not conforming to these requirements may be considered
defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including
additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional
services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall
exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its
subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance,
improper operation or normal wear and tear under normal usage.
11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished
and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”).
Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found
to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct
it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of
the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice
from the City, the City may correct the Work at Contractor’s expense.
The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion
Date by the period of time between final payment and the actual completion of that portion of the Work. The one-
year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to
this Section.
Nothing contained in this Section shall be construed to establish a period of limitation with respect to other
obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of
Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has
no relationship to the time within which the obligation to comply with the Contract Documents may be sought to
be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with
respect to Contractor’s obligations other than specifically to correct the Work.
12.Termination.This Agreement shall remain in force and effect commencing from the effective date and
continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or
amended pursuant to the Agreement. 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. Contractor 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 Contractor’s failure to have in force any
insurance required by this Agreement.
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In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for
all costs or other expenses incurred prior to the date of termination.
13.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties.
14.Remedies.In the event of a termination of this Agreement by the City because of a breach by Contractor,
the City may complete the Work 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 Contractor shall not be exclusive. The
City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s
breach.
15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books,
records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or
transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six
years. Contractor 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, Contractor, and Contractor’ssuccessors 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
Contractor’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 Contractor, or arising out of Contractor’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 on liability to which the
City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of
this Agreement.
11.Insurance.Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor
shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by
Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any
person, and property damage arising out of the ownership, maintenance, and use of such motor
vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000
general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for
claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness or
disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of use of
such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
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combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the
City with a current certificate of insurance including the following language: “The City of Golden Valley, Bassett
Creek Watershed Management Commission and Robbinsdale School District ISD #281 are 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 and others as additional insureds 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.Compliance with State Withholding Tax. Before final payment is made for the Work on this project,
Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section
290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the
City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before
such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in
the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
13.Performance and Payment Bond.Prior to Commencement of the Work, Contractor shall make, execute
and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of $______________ 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.
14.Assignment.Neither the City nor Contractor 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. Neither the City nor Contractor shall assign, or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without
the written consent of the other except to the extent that the effect of this limitation 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 Contractor from employing such independent consultants, associates, and subcontractors, as it may
deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in
violation of this provision is null and void.
15.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed
with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is
customarily engaged in the independent performance of the same or similar work for others. Contractor shall
provide or contract for all required equipment and personnel. Contractor shall control the manner in which the
Work is performed; however, the nature of the Work 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. Contractor 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 Work provided by Contractor pursuant to
this Agreement shall be provided by Contractor 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.
16.Compliance with Laws.Contractor shall exercise due professional care to comply with applicable federal,
state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’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,
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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.
Contractor 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.
17.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and
Contractor, and supersede any other written or oral agreements between the City and Contractor.
18.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement
on any third party.
19.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 Agreementwaive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise.
20.Work Products and Ownership of Documents. All records, information, materials and other work products,
including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in
connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but
reproductions of such records, information, materials and other work products in whole or in part may be retained
by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any
purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized
by the City or as required by law. These obligations survive the termination of this Agreement.
21.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of
impropriety in representation of the City. In the event of a conflict of interest, Contractor 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 Work.
22.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service
providers for this or other matters, in the City’s sole discretion.
23.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created,
collected, received, stored, used, maintained, or disseminated by Contractor 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. Contractor 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 Contractor to provide access to public
data to the public if the public data areavailable from the City, except as required by the terms of this Agreement. These
obligations shall survive the termination or completion of this Agreement.
24.No Discrimination.Contractor agrees not to discriminate in providing the Work 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. Contractor
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. Contractor 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 Contractor or its guests, invitees, members, officers,
officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall
provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective
communication with individuals with disabilities.
18
25.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Eric
Eckman, or designee. Contractor’s authorized agent for purposes of administration of this contract is Harlan
Lehman, or designee who shall perform or supervise the performance of all Work.
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:
CONTRACTOR THE CITY
MN/Wisc. Playground
5101 Olson Memorial Highway, Suite 6000
Golden Valley, MN 55427
Harlan@mnwiplay.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
eeckman@goldenvalleymn.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.Contractor agrees to pay all laborers employed and all subcontractors
furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and
demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying
such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued
indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall
be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the
amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose
benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of
the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or
sureties to pay or to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within
ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the
subcontractor. Contractor must pay interest of one and one-half percent (1½%) 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 $100.00 or more is $10.00. For an unpaid balance of less than
$100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including
attorney’s fees, incurred in bringing the action.
29.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.
30.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 Contractor did not authorize the Signatory
19
to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor,
described in this Agreement, personally.
31.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.
32.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into
this Agreement.
IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
MINNESOTA WISCONSIN PLAYGROUND:CITY OF GOLDEN VALLEY:
By: _________________________________
Name: Harlan Lehman
Title: President
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
20
EXHIBIT A
SCOPEOFWORK
Project Scope;
Provide surface mounted 20’x20’ square steel sun shelter with 24’ x 32’ concrete pad. This is a state funded
project requiring prevailing wages for all labor.
PREVAILING WAGES: This project is made possible in part by a Minnesota Department of Natural Resources Flood
Damage Reduction Grant. Contractor shall comply with all of the applicable provision contained in Chapter 177 of
the Minnesota Statues, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as
they may be amended, modified, or replaced from time to time with respect to the Project. Prevailing wage
requirements must be met. However, truck rental rates do not apply is this is not a Minnesota Department of
Transportation (MnDOT) project.
Material Specifications;
Shelter;
a. 20’ x 20’ steel sun shelter with four posts – surface mount
b. Roof designed for a standard 30 PSF live load and 90 MPH wind speed
c. Metal shelter roofing at a minimum must be multi-rib 24 ga.
d. Shelter is to be powder coated
e. Roof, frame and post colors to be determined
f.All fasteners must be zinc plated
g. Tubular steel frame should utilize hidden bolts and fasteners where possible
h. Roof, frame and post colors to be determined
i.Please provide shelter manufacturer and rendering with proposal
j.Delivery expense to be included in shelter quote
k. Warranty information required
Installation;
a. Selected contractor will be responsible for all installation needs (footings/concrete pad/shelter/etc.
b. Installation for the shelter to be completed by September 1, 2023 (if timeline allows)
c. If installation occurs after September 1, 2023 contractor must work with City and School to plan and
schedule the in a manner that minimizes disruption to school operations and ensures the safety of
students and faculty
d. Selected contractor responsible for footing locates
City’s Responsibilities;
1. Site rough grading and leveling for the sun shelter concrete pad
2. Provide access to work location and support for unloading
3. Removal of project spoils (contractor to remove all packaging materials)
4. Finish grading and seeding
Concrete Pad;
a. Auger and install four 30” diameter post holes at 4’ deep
b. Must include #5 rebar cage per-typical detail, ie four -#5 verts w/#3 ties at 12”oc
c. Supply and install 6” of compactable class 5 aggregate base under new concrete slab, approx. 768 sqft
d. Concrete pad is 24’x32’ with shelter offset to west side of pad (see dimensions in attachment C)
21
e. Install new 4” concrete pad. Approx. 768 sqft
f.Outside edge of concrete pad to extend at least 2’ beyond roof dripline
g. New concrete to be min 4000 psi w/light broom finish
h. New concrete pad to include application of a cure and seal
i.One year warranty required on concrete pad for workmanship and materials
General;
a. Selected contractor must pay and be able to document prevailing wages
b. Additional site plans will be provided to selected contractor
c. All locates required are the contractor’s responsibility
d. All potential contractors are recommended to visit the SEA School/Wildwood Park site location
22
EXHIBIT B
SPECIAL CONDITIONS
1.Pre-Construction Meeting.Prior to the beginning of the Work, a pre-construction meeting shall be
held and attended by the authorized representatives of the City and persons of the contracting company who
will have direct responsibility for workmanshipand/ormaterials used on the project. The conferencewill
disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable
measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit
the following at the pre-construction meeting:
A. Criticalpath phasingplanandschedule, whichdetailsall controllingoperations.
B. Generalprojectcontact informationincludingemergencycontacts.
C. Traffic Control plan, if applicable.
2.Notification.TheContractor shall notify theCity24 hours prior to commencingany partof the Work.
3.Installation.Installation of the footings, concrete pad and sun shelter shall be in accordance with the
plans and design herein Exhibit A.
4.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all
requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all
safety measures recommended and required by any governmental agency, including the Department of Labor
and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the
other paragraphs of these Special Conditions covering safety precautions and accident prevention. The
Contractorshall be responsible for all safety issueson this project. The Contractorshall comply with
instructions from the City for implementing any additional requirements for safety concerns.
5.Permits and Licenses.Contractorshall procure all permitsand licensesas required,pay allcharges
and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work.
6.Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to
determine the existence and location of gas mains and other private utilities, as well as, public utilities of the
City, County or State,which may be undergroundoroverheadwithin street andhighway rights-of-way or
within easements and which may be interfered with by the Work priorto the Work. Contractor shall be
responsible for verifying all utility locationby contactingGopher StateOne-Call(651.454.0002). Contractor
shall also make such investigations as are necessary to determine the extent to which existing structures may
interfere with the Work. Contractorshall notclaimor be entitled to receive compensationfor any damages
sustained by reasonof the inaccuracy of the omissionof any of the information given relative to the surface,
overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such
structures.
7.Mobilization.Themobilization shall be included in the base price in allaspectsof the Work.
No additional compensation will be considered for mobilization.
23
8.DOTCompliance.AllofContractor’sdriversperformingworkfortheCitymustbeincompliancewithDOT
requirementsrelatedtoholdingaCommercialDriver’sLicense(CDL).Contractorshallberesponsibleforensuring
its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT
regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and
hold harmless the City for any fines incurred as a result of Contractor’s failure to comply withDOT requirements
as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT
compliance upon request.
9.Hours of Operation.Work shall occur Monday through Saturday, and Sundays upon written approval
of City.
10.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers approved by the manufacturer.
11.Care of Work. All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor’s equipment.
12.Manual References.The Specificationswhichapply to theWork shown in thePlans shall be as follows:
A. SpecialConditions herein ExhibitB.
B. Scope of work and material specifications ExhibitA.
C. Project Proposal ExhibitC.
13.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted forwithin the time stated herein ExhibitA.Contractor shall, not less thanten (10)days prior to
said date, make written request to the City for an extension of time for completion, setting forth fully in its
request the reasons which Contractor believes justify the granting of the request. If the City finds that the
Work has been delayedon accountof unusual conditions beyondthe controlof Contractor, or the quantities
of the Work doneor to bedone are inexcess of the Contract quantities in sufficient amount to warrant
additional time;the City may, in its sole discretion, grant an extension of time for the completion to such date
as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the
Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the
City, without violating the Contract, may proceed immediately to take over the Work, materials and
equipment and make final settlement of costs incurred, except that it shallnot be necessaryto give
Contractor written ten (10) days’ notice for such forfeiture.
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EXHIBIT C
PROPOSAL
The undersigned hereby certifies that an examination has been made of the scope and location of
work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other
means of construction and to furnish all materials specified in the manner and at the time prescribe;
and understands that the quantities of work shown herein are approximate only and are subject to
increase or decrease;and further understands all quantities of work,whether increased or decreased,
are to be performed at the following unit prices.
Company Name: Minnesota Wisconsin Playground____________________________________________
Phone: 763 546 7787____________________________________________________________________
Address: 5101 Olson Memorial Hwy St. 6000, Golden Valley, MN 55427____________________________
Email: harlan@mnwiplay.com_______________________________________
Name: Harlan Lehman_______________________Title: President______________
Signature: Date:___7/6/2023____________
* Proposals are good for 60 days. The City of Golden Valley reserves the right to reject any and all proposals.
Description Quote
Total quote for the purchase and delivery of a 20x20 Steel Sun Shelter $22,016.00
Total quote for the installation of the shelter footings and 24’x32’ concrete pad with
minimum 2’ dripline
$35,213.00
Total Quote for the Sun Shelter Addition $57,229.00
25
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3D. Approve Variance Extension at 2330 York Avenue North
Prepared By
Myles Campbell, Planner
Summary
Josh Kunde, the homeowner of 2330 York Avenue North, applied for a variance in the spring of 2022
for a variance of 4 feet off the required 15 feet for a side yard setback, in order to expand his existing
attached garage. Staff and the Board of Zoning Appeals (BZA) reviewed this request and agreed that
the addition was reasonable, that it protected existing trees, and that it would not alter the
neighborhood's character. The variance was approved by the BZA on April 27, 2022. After this
approval, the applicant had planned to begin construction in late fall but noted that a combination of
material shortages, costs, and concrete sourcing challenges delayed the project past the expiration of
the variance in April of this year. Approved variances are deemed to lapse after one year, though the
City Code states that the Council may grant an extension of up to one additional year. Mr. Kunde is
seeking an extension of this variance so that he can complete the project this summer.
Financial or Budget Considerations
N/A
Legal Considerations
City Code allows the Council to extend a variance for up to one year after its original expiration.
Equity Considerations
N/A
Recommended Action
Motion to approve an extension to April 27, 2024, for a variance relating to a side yard setback at
2330 York Avenue North.
Supporting Documents
Memo to BZA - 4/27/22
26
Date: April 27, 2022
To: Golden Valley Board of Zoning Appeals
From: Myles Campbell, Planner
Subject: 233 York Ave N
Josh Kunde, Applicant
Introduction
Josh Kunde, the property owner, is seeking a variance from the City Code to build a garage addition
at the above address. The applicant is seeking the following variances from City Code:
Variance Request City Code Requirement
The applicant is requesting
a variance of 4 feet off the
required 15 feet to a total
distance of 11 feet
§ 113-88, Single-Family Residential (R-1) Zoning District, Subd.
(e)(1)(c)(1) Principal Structure Side Setback
In the case of lots having a width of 100 feet or greater, the side
setbacks for any portion of a structure 15 feet or less in height
shall be 15 feet.
Background
2330 York Ave N is the current address for a single-family
home built in 1953. It is located in the northernmost
section of the City, west of Theodore Wirth Park and
south of Valley View Park. The home has an existing
attached single-car garage to the south of the main
house. The lot itself is 100’ wide and has an area of
13,260 sq. ft.
The applicant is looking to expand the existing garage on-
site to allow for two cars to be stored indoors. The resulting garage would be roughly 25’ in width.
27
2
Summary of Request
The applicant is requesting a variance from the requirements of the City’s Zoning Code regarding side
yard setbacks. Current code requires a setback of 15’ from any side property line for properties that are
at or above 100’ in width. This 15’ setback applies to the principal structure and any accessory structures
attached to the principal structure. The existing home complies with this setback on either side, being
20.5’ from both the north and south property lines.
The applicant here is requesting that the setback on the south side of the property to be reduced to 11’
instead of 15’ to allow for a wider building footprint.
Analysis
In reviewing this application, staff has maintained the points of examination to the considerations
outlined in Minnesota State Statute 462.357 – that the requested variance is in harmony with the
general purposes and intent of the Zoning Chapter, that it is consistent with the City’s
Comprehensive Plan, and that a property exhibit “practical difficulties” in order for a variance to be
granted.
Staff finds that the variance is generally in line with both the purpose of the Zoning Code, as it does
not impact or change the principal use of the lot as a single-family residence, nor does it allow for
28
3
additional density of population. Staff also finds the request reasonable in light of the 2040
Comprehensive Plan, which has as one of its goals to “support the rehabilitation and reinvestment
of the housing stock as structures continue to age.” Improvements to sites with older garages have
been a common home improvement in recent years as patterns of vehicle ownership have changed
since the mid-20th century.
In order to constitute practical difficulties:
1. The property owner must propose to use the property in a reasonable manner.
A two-car garage has typically been considered reasonable use for a single-family property,
as it is a requirement to demonstrate in new builds and due to Minnesota winters causing
demand for more indoor storage. 25’ is not overly wide, and an 11’ setback preserves the
majority of the required setback. Staff believes the proposal as shown does use the property
in a reasonable manner.
2. The landowners’ problem must be due to circumstances unique to the property that is not
caused by the landowner.
Mature trees in the rear yard mean that a detached garage or a deeper tandem style garage
would likely require their removal. This leaves a variance as the only option to get more
interior garage space without impacting the trees to the rear of the structure. Staff believes
the site does exhibit unique circumstances.
3. And the variance, if granted, must not alter the essential character of the locality
The new garage will fall within the building envelope in terms of height, and will match the
roofline and exterior finish of the home. The resulting setback preserves a decent amount of
space between the home and the property line. Staff believes the proposed use would not
alter the essential character of the area.
Additionally, staff assesses whether other options are available to meet the applicant’s needs
without requiring a variance, or whether the proposal requests the smallest variance necessary to
meet the applicant’s needs. Generally speaking the only reductions possible would involve shrinking
the garage width, although given the existing location, any two car garage above 20’ in width would
still require a variance.
Recommendation
Staff recommends approval of the variance for 4 feet off the required 15 feet to a total distance of
11 feet
29
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3E. Adopt Resolution No. 2023- 064 Approving Laws 2023, Regular Session, Chapter 64, Article 10,
Section 37, to Impose a Sales and Use Tax
Prepared By
Theresa Schyma, City Clerk
Maria Cisneros, City Attorney
Summary
During its regular session in April 2023, the Minnesota State Legislature adopted legislation to
authorize the City of Golden Valley to conduct a referendum seeking approval from Golden Valley
voters on the imposition of a new local option sales tax for the purpose of relocating and
reconstructing a new Public Works facility and constructing a new Public Safety facility on the current
Public Works site. In order for the state legislative action to become law and allow the referendum to
appear on a ballot, the City must adopt a resolution officially approving the law that was passed by the
State Legislature. If adopted by the City Council, the City Clerk will submit the required
documentation, including a certificate of approval, to the Secretary of State's office.
Ballot language will be presented to the City Council at the August 8 work session and recommended
for approval at the August 15 regular meeting. The City Clerk must provide approved ballot language
to Hennepin County and the Secretary of State's Office by August 25 (at least 74 days before election)
for the local option sales tax questions to appear on the November 7, 2023 ballot.
Financial or Budget Considerations
The revenues derived from the local sales tax must be used by the city of Golden Valley to pay the
costs of collecting and administering the tax and paying for the following projects in the city, including
securing and paying debt service on bonds issued to finance all or part of the following projects:
$45,000,000 plus associated bonding costs for construction of a new public works facility
$15,000,000 plus associated bonding costs for the purchase of land for a new public works
facility
$45,000,000 plus associated bonding costs for construction of a new public safety facility
Legal Considerations
Under state law, the City Council must adopt this resolution approving the legislation to proceed with
a referendum on the ballot. The City Attorney has reviewed and approved the resolution.
Equity Considerations
30
The City of Golden Valley will make reasonable accommodations to ensure equal access to the
information produced to inform the public of the referendum. Some material will be translated into
Spanish and Russian and translation services will be noted throughout the city and in future
notifications.
Recommended Action
Motion to adopt Resolution No. 23- 064 approving laws 2023, regular session, Chapter 64, Article 10,
Section 37, relating to allowing the City of Golden Valley to impose a local sales tax in the amount of
one and a quarter percent for the purpose of relocating and reconstructing a new Public Works facility
and constructing a new Public Safety facility on the current Public Works site.
Supporting Documents
Resolution Approving Special Law
Certificate of Approval of Special Law
Summary of Legislative Bill
31
RESOLUTION NO. 23-064
RESOLUTION APPROVING 2023 MINNESOTA LAWS, CHAPTER 64, ARTICLE 10, SECTION 37,
ALLOWING THE CITY OF GOLDEN VALLEY TO IMPOSE A SALES AND USE TAX OF ONE AND A
QUARTER PERCENT FOR THE PURPOSE OF RELOCATING AND RECONSTRUCTING A NEW
PUBLIC WORKS FACILITY AND CONSTRUCTING A NEW PUBLIC SAFETY FACILITY ON THE
CURRENT PUBLIC WORKS SITE
WHEREAS, 2023 Minn. Laws, Ch. 64, Art. 10, Sec. 37, authorizes the City of Golden
Valley to impose a local sales and use tax of one and a quarter percent for the purpose of
relocating and reconstructing a new Public Works facility and constructing a new Public Safety
facility on the current Public Works site; and
WHEREAS, the Special Law is effective upon approval by a majority vote of the City
Council, and filing a certificate with the Minnesota Secretary of State, all in accordance with
Minn. Stat. § 645.021, subd. 2 and 3; and
WHEREAS, the City Council has determined that is in the best interest of the City and its
residents to approve the Special Law.
NOW, THEREFORE, BE IT RESOLVED,by the Golden Valley City Council that:
1. The Special Law is hereby approved in all respects.
2. The City Clerk is authorized and directed to file with the Minnesota Secretary of State, a
certified copy of this resolution and the appropriate certificate in the form prescribed by
the Minnesota State Attorney General.
3. City staff are authorized and directed to take all actions necessary to implement the
Special Law and bring before this Council further proceedings as necessary in order to
implement the Special Law.
Adopted by the City Council of Golden Valley, Minnesota this 18th day of July 2023.
Shepard M. Harris, Mayor
ATTEST:
____________________________
Theresa J. Schyma, City Clerk
32
CERTIFICATE OF APPROVAL OF SPECIAL LAW
BY GOVERNING BODY
Pursuant to Minnesota Statutes, 645.02 and 645.021
STATE OF MINNESOTA
County of Hennepin
City of Golden Valley
TO THE SECRETARY OF STATE OF MINNESOTA:
PLEASE TAKE NOTICE, that the undersigned chief clerical officer of the City of Golden
Valley, Minnesota (the “City”) DOES HEREBY CERTIFY, that in compliance with the provisions
of 2023 Minn. Laws, Ch. 64, Art. 10, Sec. 37 (Local Option Sales Tax Authorization), requiring
approval by a majority of the governing body of said local governmental unit before it becomes
effective, the City Council of the City at a meeting duly held on July 18, 2023, by resolution did
approve said 2023 Minn. Laws, Ch. 64, Art. 10, Sec. 37 (Local Option Sales Tax Authorization)
by a majority vote of all of the members thereof (Ayes: NUMBER; Noes: NUMBER; Absent or
not voting: NUMBER). No additional steps were required by statute.
A copy of the resolution is hereto annexed and made a part of this certificate by reference.
Signed:
Theresa J. Schyma, City Clerk
(This form prescribed by the Attorney General and furnished by the Secretary of State as required
in Minnesota Statutes 645.021)
33
Sec. 37. CITY OF GOLDEN VALLEY; TAXES AUTHORIZED.
Subdivision 1. Sales and use tax authoriza�on. Notwithstanding Minnesota Statutes, sec�on 297A.99, subdivision 1, or
477A.016, or any other law, ordinance, or city charter, and if approved by the voters at an elec�on as required under
Minnesota Statutes, sec�on 297A.99, subdivision 3, the city of Golden Valley may impose by ordinance a sales and use
tax of 1.25 percent for the purposes specified in subdivision 2. Except as otherwise provided in this sec�on, the
provisions of Minnesota Statutes, sec�on 297A.99, govern the imposi�on, administra�on, collec�on, and enforcement of
the tax authorized under this subdivision. The tax imposed under this subdivision is in addi�on to any local sales and use
tax imposed under any other special law.
Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized under subdivision 1 must be
used by the city of Golden Valley to pay the costs of collec�ng and administering the tax and paying for the following
projects in the city, including securing and paying debt service on bonds issued to finance all or part of the following
projects:
(1) $45,000,000 plus associated bonding costs for construc�on of a new public works facility;
(2) $15,000,000 plus associated bonding costs for the purchase of land for a new public works facility; and
(3) $45,000,000 plus associated bonding costs for construc�on of a new public safety facility.
Subd. 3. Bonding authority.
(a) The city of Golden Valley may issue bonds under Minnesota Statutes, chapter 475, to finance all or a por�on
of the costs of the projects authorized in subdivision 2 and approved by the voters as required under
Minnesota Statutes, sec�on 297A.99, subdivision 3, paragraph (a). The aggregate principal amount of bonds
issued under this subdivision may not exceed:
(1) $45,000,000 for the project listed in subdivision 2, clause (1), plus an amount to be applied to the
payment of the costs of issuing the bonds;
(2) $15,000,000 for the project listed in subdivision 2, clause (2), plus an amount to be applied to the
payment of the costs of issuing the bonds; and
(3) $45,000,000 for the project listed in subdivision 2, clause (3), plus an amount to be applied to the
payment of the costs of issuing the bonds.
(b) The bonds may be paid from or secured by any funds available to the city of Golden Valley, including the tax
authorized under subdivision 1. The issuance of bonds under this subdivision is not subject to Minnesota
Statutes, sec�ons 275.60 and 275.61.
(c) The bonds are not included in compu�ng any debt limita�on applicable to the city of Golden Valley, and any
levy of taxes under Minnesota Statutes, sec�on 475.61, to pay principal and interest on the bonds is not
subject to any levy limita�on. A separate elec�on to approve the bonds under Minnesota Statutes, sec�on
475.58, is not required.
Subd. 4. Termina�on of taxes. Subject to Minnesota Statutes, sec�on 297A.99, subdivision 12, the tax imposed under
subdivision 1 expires at the earlier of (1) 30 years a�er the tax is first imposed, or (2) when the city council determines
that the amount received from the tax is sufficient to pay for the project costs authorized under subdivision 2 for projects
approved by voters as required under Minnesota Statutes, sec�on 297A.99, subdivision 3, paragraph (a), plus an amount
sufficient to pay the costs related to issuance of any bonds authorized under subdivision 3, including interest on the
bonds. Except as otherwise provided in Minnesota Statutes, sec�on 297A.99, subdivision 3, paragraph (f), any funds
remaining a�er payment of the allowed costs due to the �ming of the termina�on of the tax under Minnesota Statutes,
sec�on 297A.99, subdivision 12, must be placed in the general fund of the city. The tax imposed under subdivision 1 may
expire at an earlier �me if the city so determines by ordinance.
EFFECTIVE DATE. This sec�on is effec�ve the day a�er the governing body of the city of Golden Valley and its chief
clerical officer comply with Minnesota Statutes, sec�on 645.021, subdivisions 2 and 3.
34
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3F. Adopt Resolution 23-065 for a Reimbursement Agreement for the New Public Works and Public
Safety Facilities
Prepared By
Sue Virnig, Finance Director
Summary
Resolution No. 23-065 will allow the City to be reimbursed for expenditures related to the Public
Works and Public Safety Municipal Buildings. This reimbursement agreement will allow the City to
make expenditures for this project and then be reimbursed by future bond proceeds.
Financial or Budget Considerations
The consideration of this agenda item will allow bond proceeds to pay for allowed expenditures for
the Municipal Facilities (Public Works and Public Safety).
Legal Considerations
The reimbursement agreement follows Internal Revenue Code to be able to reimburse the City any
expenditure before the bonds are sold.
Equity Considerations
The facilities are outdated and have many equity issues. More females have joined the police, public
works and fire departments. The antiquated buildings do not have proper facilities for both women
and men for life safety reasons.
Recommended Action
Motion to adopt Resolution No. 23-XXX will allow the City reimbursement for expenditures related to
the new Municipal Facilities that would funded through a bond issue that is issued by the City or
another political subdivision in accordance with Reimbursement Regulations.
Supporting Documents
Resolution No. 23-065 Reimbursement Agreement for Public Works Public Safety Facilities
35
GL135-37-886833.v1 1
RESOLUTION NO. 23-065
RESOLUTION RELATING TO DECLARING THE OFFICIAL INTENT TO REIMBURSE
CERTAIN CAPITAL EXPENDITURES OF A PROJECT FROM THE PROCEEDS OF TAX-
EXEMPT BONDS AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section1.150-2
(the “Reimbursement Regulations”) under the Internal Revenue Code of 1986, as amended (the
“Code”), providing that proceeds of tax-exempt bonds used to reimburse prior capital expenditures
will not be deemed spent unless certain requirements are met; and
WHEREAS, the City of Golden Valley, Minnesota, a municipal corporation and a political
subdivision of the State of Minnesota (the “City”), expects to incur certain expenditures that may be
financed temporarily from sources other than tax-exempt bonds, and later reimbursed from the
proceeds of tax-exempt bonds; and
WHEREAS,the City has determined to make a declaration of its official intent (the
“Declaration”) to reimburse certain capital costs from the proceeds derived from the sale of tax-
exempt bonds issued by the City or another political subdivision in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY,
MINNESOTA AS FOLLOWS:
1. The City proposes to acquire land for a new public works facility and construct and
equip a new public works facility and a new public safety facility (the “Project”).
2. The City reasonably expects to reimburse the expenditures made for certain costs of
the Project from the proceeds of tax-exempt bonds in a principal amount currently estimated not
to exceed $105,000,000 plus costs of issuance. All reimbursed expenditures related to the Project
will be capital expenditures, costs of issuance of the tax-exempt bonds or other expenditures eligible
for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any original
expenditure to be subject to a reimbursement allocation with respect to the proceeds of tax-exempt
bonds, except for the following expenditures: (a) costs of issuance of tax-exempt bonds; (b) costs in
an amount not in excess of the lesser of $100,000 or 5% of the proceeds of the tax-exempt bonds;
or (c)“preliminary expenditures” up to an amount not in excess of 20% of the aggregate issue price
of the tax-exempt bonds that are reasonably expected by the City to finance the Project. The term
“preliminary expenditures” includes architectural, engineering, surveying, soil testing, bond
issuance and similar costs that are incurred prior to commencement of acquisition, construction, or
36
GL135-37-886833.v1 2
rehabilitation of the Project, excluding land acquisition, site preparation, and similar costs incident
to commencement of construction.
4.A reimbursement allocation with respect to tax-exempt bonds will be made not later
than 18 months after the later of: (i) the date the original expenditure is paid; or (ii)the date the
Project is placed in service or abandoned, but in no event more than 3 years after the original
expenditure.
5.ThisDeclaration is an expression of the reasonable expectations of the City based on
the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project and the principal amount of the tax-exempt bonds described in
paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other
than proceeds of tax-exempt bonds are reasonably expected to be reserved, allocated on a long-
term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such
expenditures for which bonds are issued.
6.The action is intended to constitute a declaration of official intent for purposes of
the Reimbursement Regulations.
Adopted by the City Council of Golden Valley, Minnesota this 18th day of July, 2023.
______________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
37
EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
3G. Adopt Resolution No. 23- 066 Assigning Contingency funds to City Manager's Department for 2023
Strategic Priorities
Prepared By
Sue Virnig, Finance Director
Kirsten Santelices, Deputy City Manager and HR DIrector
Summary
The City Council approved the 2023 budget with $200,000 in contingency funds. The City Council has
also approved its 2023 Strategic Priorities which include continuing diversity, equity, and inclusion
work across the City. The proposed funds reassignment is primarily for this purpose.
The City Manager’s area is also responsible for the successful recruitment and onboarding of new
employees and boards and commissions appointed by City Council. The Human Resources department
needs materials to support recruitment efforts for both of these critical areas.
In addition, through the course of implementing several technological efficiencies, the City
Management Team in consultation with the Information Technology Manager, determined the need
for employee training.
Lastly, the City’s Legal department has identified significant data management needs, including proper
destruction or records.
Financial or Budget Considerations
Reassignment of contingency funds can be done with Council approval by the approval of a resolution.
This amount in contingency was assigned during the 2023-2024 budget process for uncertainties. The
resolution will assign the $200,000 to the City Managers budget for those needs described in the
summary.
Legal Considerations
Any contracts regarding the work outlined will be reviewed in the course of business.
Equity Considerations
Training and initiatives are a very important part of preparing all employees to be ready and
accountable to do their job in the most prepared way.
38
Recommended Action
Motion to Adopt Resolution No. 23- 066 to Assign Contingency funds (099-6450) to the City
Managers Department (1030-6340).
Supporting Documents
Resolution No. 23-066 Assigning Contingency Budget to City Manager Department
39
RESOLUTION NO. 23-066
RESOLUTION ASSIGNING THE CONTINGENCY BUDGET
OF $200,000 TO THE CITY MANAGERS DEPARTMENT FOR VARIOUS NEEDS
WHEREAS, the 2023-24 Contingency Budget included $200,000 for uncertainties,
WHEREAS,the following monies will go for the following programs:
The following is a list of proposed budget items with the contingency funds:
Topic Fund Allocation
Diversity Equity and Inclusion Training and Initiatives $146,500
Employee Wellness and Recognition Programs $3,500
Recruitment Materials $10,000
Employee Information Technology Training $30,000
Data Management $10,000
Total $200,000
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following
programs to be funded through the contingency funds as outlined above.
Adopted by the City Council of Golden Valley, Minnesota this 18th day of July 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
40
EXECUTIVE SUMMARY
City Attorney
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
4A. Hazardous Building Declaration-2425 Douglas Drive North
Prepared By
Maria Cisneros, City Attorney
Dan Anderson, Building Official
Summary
This matter is before the City Council to determine whether to declare that 2425 Douglas Drive North
(the "Subject Property") contains hazardous conditions.
The Subject Property was initially proposed to be developed as a senior living facility. The City issued
an initial building permit on September 3, 2020. In September 2021, the City learned the owner had
terminated its contract the contractor. The Contractor subsequently asked that the original building
permit be cancelled, which the City did on September 21, 2021. In November 2021, the owner
requested a demolition permit to correct issues with an elevator shaft. No demolition work was
observed. In December 2021, the owner applied for a new building permit after changing the plans
and occupancy type. State licensing for the new proposed use changed shortly before the new
proposal, and staff required the owner to demonstrate that the new proposed use could meet State
licensing requirements before granting the building permit. The owner failed to demonstrate that the
project could meet the new licensing requirements.
No work has taken place on the Subject Property in nearly two years. The property has an open
foundation and unfinished timber construction. There is significant water damage to both the
foundation and the timber. The lot is surrounded by a dilapidated chain link fence that is in poor repair
in several places.
Financial or Budget Considerations
All construction and legal costs incurred in this matter will be assessed to the property owner through
the property tax system.
Legal Considerations
Minnesota law permits the City Council to order the repair and abatement of hazardous conditions
that exist within its city limits. Hazardous conditions include health, safety, and fire hazards that exist
because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or
abandonment. Minn. Stat. § 463.15, subd. 3. A condition is a hazard if it affects public safety or health.
41
If the City Council determines that the Subject Property contains hazardous conditions, it may pass the
Resolution and sign the attached Order. Subsequently, the Order for Repair and Removal of Hazardous
Conditions (Exhibit B) will be served upon the owners and any lienholders of the property. This is
through personal service like a lawsuit.
The owner/occupant will then have thirty (30) days to remedy the hazardous conditions. If they fail to
comply within that time period, the City will seek permission from the District Court to allow the City
to abate the hazardous conditions. The City can seek Court approval to assess the costs of the
abatement against the property, payable either in a single lump sum or in not more than five yearly
installments at eight percent interest.
The owner may also dispute the hazardous building order by filing an answer with the court. If this
happens, the matter would be set for trial. This is an expedited process, as courts give hazardous
building matters priority. However, the process may still be somewhat lengthy and would likely take at
least six months to resolve. The City would still be entitled to assess its costs if it prevails after the
contested hearing.
Equity Considerations
Code enforcement is a tool that the City uses to deal with vacant, abandoned, and deteriorating
properties to address health and safety concerns. Sometimes, these efforts can cause impacts that are
inconsistent with the City's equity and inclusion goals. The City's code enforcement staff recognizes
differences in circumstances throughout the code enforcement process and practices equittable code
enforcement to respond to individual hardships while still working to improve property conditions. In
this case, City staff is collaborating closely with the property owner and will continue to explore
alternative resolutions to achieve a safe resolution at the lowest cost to the City and the property
owner.
Recommended Action
Motion to approve Resolution No. 23-XX ordering repair and removal of hazardous conditions at 2425
Douglas Drive North
Supporting Documents
Hazardous Property Resolution 2425 Douglas Drive
EXHIBIT A - O&E Report
EXHIBIT B - Photographs of Property
EXHIBIT C - Inspection Observations and Findings
Exhibit D - Hazardous Property Order 2425 Douglas Drive
42
225640v6 1
CITY OF GOLDEN VALLEY
RESOLUTION NO. 23-067
A RESOLUTION ORDERING
REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
WHEREAS, the City staff of the City of Golden Valley have attempted without success to
have the occupant of certain property remedy the hazardous and unsafe conditions of the property at
2425 Douglas Drive N, City of Golden Valley, County of Hennepin, State of Minnesota 55422,
with a legal description of: The South 99.8 feet of the East 276.07 feet of the North Half of
Northeast Quarter of the Northeast Quarter of Section 29, Township 118, Range 21, Hennepin
County, Minnesota, and a Parcel Identification Number (PIN) of: 29-118-21-11-0020 (“Subject
Property”); and
WHEREAS, the City Council has determined that the building on the property constitutes a
hazardous property due to inadequate maintenance that constitutes a fire and safety hazard to public
safety or health within the meaning of Minn. Stat. § 463.15, subd. 3; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF GOLDEN VALLEY, MINNESOTA:
1. The City has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence is attached hereto as exhibits. The exhibits include
the following documents:
a.Exhibit A: Ownership and Encumbrance report for Subject Property.
b.Exhibit B: Photographs of the Subject Property taken by City staff.
c.Exhibit C:Inspection reports from the Subject Property
2. After fully considering all of the reports, photographs, documents, and other
evidence pertaining to the code violations at the Subject Property, the City Council
of Golden Valleyfinds:
a. Retro Companies, Inc., a Minnesota corporation, owns the Subject Property. The
Subject Property contains only a partially-built structure; there is no occupying
tenant. Jeremy Peterson Real Estate, Inc., a Minnesota corporation, holds a
recorded interest in the property from a mortgage instrument dated August 18,
2020, and recorded as Document No. 10826903 on August 19, 2020. PLG
Finance 1, LLC, a Minnesota limited liability company, holds a recorded interest
in the Subject Property from a PACE loan declaration dated September 25, 2020,
and recorded as Document No. 10845790 on September 28, 2020. There are
currently no other lienholders of record of the Subject Property.
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225640v6 2
b. The Subject Property, which is located in Golden Valley, Hennepin County,
constitutes a health and safety hazard within the meaning of Minnesota Chapter 463.
Specifically, the Subject Property has been inadequately maintained and contains
conditions and dilapidation that constitute a fire hazard and a hazard to public safety
or health. Minn. Stat. § 463.15, subd. 3.
c. The Subject Property has uncontrolled rank vegetation and weeds. These weeds are
in excess of eight (8) inches in height, have not been tended, and have gone to seed
in many areas. The weeds do not constitute turf grass, native vegetation, or other
acceptable combined ground cover. The unmanaged nature of the vegetation creates
a likely harbor for noxious weeds. These conditions violate Golden Valley City
Code § 10-89 and the Golden Valley Property Maintenance Code (GVPMC)
§ 302.4; see also Golden Valley City Code § 103-9 (defining excessive weed growth
per the GVPMC as in excess of eight inches).
d. The Subject Property is inadequately maintained, dilapidated, and deteriorated in
violation of Minnesota State Building Code § 1300.0180. The Subject Property is
incomplete and open to the elements in violation of GVPMC § 304.2. Structural
elements including beams and the foundation have sustained water damage. These
structural elements display visual damage, deterioration, and warping in violation of
GVPMC § 304.1.1. Support panels have fallen over. This deteriorated condition
leaves the structural members unable to sustain the design loads required. These are
hazardous conditions threatening the structural integrity of the structure.
e. The inadequate maintenance and unfinished construction of the Subject Property has
created damage to the structure of the building, allowing for the infiltration of water
into the building leading to damp and unsanitary conditions. There is visible water
damage inside the Subject Property and visible water damage to the exterior of the
Subject Property. Water has collected inside the exposed foundation at the Subject
property deep enough for waterfowl to land in it. The exposed foundation lacks a
method of egress in violation of Minnesota State Fire Code § 1001.1. The
unoccupied building has not been secured, in violation of Minnesota State Fire Code
§ 311.1. The fence surrounding the property is unsound and dilapidated in places
and fails to adequately secure the exposed excavation present—an issue of special
concern as the Subject Property borders Sandburg Middle School. These are
substantial public safety concerns and indicate that the Subject Property is a
hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3.
f. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The uncompleted structure lacks suitable access or egress points. The
damage and deterioration of the exposed structural members renders the building
structurally unsound. The structural instability of the Subject Property, and the lack
of means of egress render the Subject Property unsafe for firefighting crews. If the
Subject Property caught fire, the Golden ValleyFire Department would be forced to
allow it to burn and instead focus their efforts on the surrounding properties only.
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225640v6 3
This is a substantial public safety concern and indicates that the Subject Property is
hazardous within the meaning of Minn. Stat. § 463.15, subd. 3.
3.Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and
approves the Order for Repair and Removal of Hazardous Conditions attached
hereto as Exhibit D.
4.The City’s legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite
290, Eagan, Minnesota 55121, is directed to serve the Order for Repair and Removal
of Hazardous Conditions and to proceed with enforcement in accordance with Minn.
Stat. § 463.15 et seq.
ADOPTED this 18th day of July, 2023, by the City Council of the City of Golden Valley,
Minnesota.
CITY OF GOLDEN VALLEY
BY:____________________________
Shepard M. Harris, Mayor
ATTEST:
_______________________________
Theresa J. Schyma, City Clerk
45
225640v6 4
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The undersigned, being the duly qualified and appointed City Clerk of the City of Golden
Valley, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Golden Valley City Council on July 18, 2023, with the original thereof on file in my office, and
the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
18th day of July, 2023.
___________________________________
Theresa J. Schyma, City Clerk
46
Page 1 of 3
LT File Number: 675121
Report prepared on: March 23, 2023
Prepared for:
Campbell Knutson
860 Blue Gentian Road Suite 290
Eagan, MN 55121
Attn: Mei Kee Loo
Client File No.:
PROPERTY REPORT
Applicant:Retro Companies, Inc.
Property Address:2425 Douglas Drive North, Golden Valley, MN 55422
County:Hennepin State:Minnesota
Property Type:Abstract Property
LEGAL DESCRIPTION:
Part of Section 29, Township 118, Range 21, Hennepin County, Minnesota.
APPARENT RECORD OWNER:
Retro Companies, Inc, a Minnesota corporation
WARRANTY DEED: Janet L. Hanson, a single person to Retro Companies, Inc, a Minnesota corporation;
DOCUMENT NO.: A10492330; DATED: September 28, 2017; FILED: October 18, 2017.
OPEN MORTGAGES AND LIENS:
1. EASEMENT
Document No.: 5870091
Dated: November 25, 1991
Filed: December 8, 1992
2. PERMANENT EASEMENT GRANT
Document No.: A10176827
Dated: January 15, 2015
Filed: April 1, 2015
3. TEMPORARY EASEMENT GRANT
Document No.: A10176828
Dated: January 15, 2015
Filed: April 1, 2015
4. QUIT CLAIM DEED
Document No.: A10250913
Dated: September 29, 2015
Filed: October 23, 2015
(For reference in connection to Easement 587009)
47
Page 2 of 3
5. CONDITIONAL USE PERMIT
Document No.: A10604276
Dated: October 22, 2018
Filed: October 22, 2018
6. MORTGAGE
Document No.: 10826903
Dated: August 18, 2020
Filed: August 19, 2020
Amount: $2,600,000.00
7. STORM WATER QUALITY TREATMENT FACILITY MAINTENANCE AGREEMENT
Document No.: 10831380
Dated: August 7, 2020
Filed: August 28, 2020
(Covers Additional Lands)
8. MEMORANDUM AND NOTICE OF PACE LOAN
Document No.: 10845790
Dated: September 25, 2020
Filed: September 28, 2020
Amount: $1,100,000.00
TAX INFORMATION:
Tax I.D. No.: 29-118-21-11-0020
Taxes for the year 2023: $119,570.44, Total, are 1st 1/2 Due, 2nd 1/2 Due
Delinquent Tax: None
Base Tax: $16,193.76 (Non-Homestead)
Estimated Market Value: $940,000.00
Assessed in the name of: Retro Companies, Inc.
NAME SEARCHES:
There are no unsatisfied judgments and notices of Federal or State Tax Liens docketed in Hennepin County District
Court, and the Hennepin County Recorder’s office appearing against the following names (through the date
interest was conveyed out):
Retro Companies, Inc
Except as follows: None
48
Page 3 of 3
This Property Report is not a title examination, title opinion, title insurance commitment or title insurance policy. This report is
furnished for the use and benefit of the requesting party. The liability of the reporting company caused by inaccuracies
contained herein is limited to the amount paid for in said report.
Land Title, Inc. 2200 West County Road C, Suite 2205, Roseville, MN 55113 phone (651) 638-1900 fax (651) 697-6185 landtitleinc.com
POSTED EFFECTIVE DATE: 10th day of March, 2023
By:
An Authorized Signature
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EXHIBIT B:
Photographs of the Subject Property Taken 7/6/2023
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225641v4
CITY OF GOLDEN VALLEY
Order of the City Council of Golden Valley,
Hennepin County, Minnesota concerning
Hazardous building on the property
Located at:
2425 Douglas Dr. N., Golden Valley, Minnesota 55422
Legally described as:
The South 99.8 feet of the East 276.07 feet of the North Half of Northeast Quarter of the
Northeast Quarter of Section 29, Township 118, Range 21, Hennepin County, Minnesota.
Parcel Identification Number (PIN): 29-118-21-11-0020
TO:Retro Companies, Inc., Owner in Fee Simple of the Subject Property, 510 Wildflower,
Burnsville, MN 55306;
Jeremy Peterson Real Estate, Inc., Mortgagee, 15451 Founders Ln, Apple Valley, MN
55124; and
PLG Finance 1, LLC, lienholder,10050 Crosstown Circle, Suite 100, Eden Prairie, MN
55344.
Pursuant to Minnesota Statutes § 463.15, et seq., the City Council of the City of Golden
Valley, having duly considered the matter, found the above-described property to be hazardous
through the passage of Resolution 2023-XXX.
Golden Valley City staff have observed the conditions present at 2425 Douglas Dr. N.,
Golden Valley, Minnesota 55422 [hereinafter: Subject Property]. Their observations revealed that
the Subject Property constitutes a hazardous property within the meaning of Minnesota Chapter
463. Specifically, the Subject Property has been inadequately maintained and contains excessive
storage that constitutes a fire and safety hazard to public safety or health within the meaning of Minn.
Stat. § 463.15, subd. 3. Specifically, the City Council finds that the following hazardous conditions
exist at the Subject Property:
1. The Subject Property has uncontrolled rank vegetation and weeds. These weeds are
in excess of eight (8) inches in height, have not been tended, and have gone to seed in
112
225641v4
many areas. The weeds do not constitute turf grass, native vegetation, or other
acceptable combined ground cover. The unmanaged nature of the vegetation creates
a likely harbor for noxious weeds. These conditions violate Golden Valley City Code
§ 10-89 and the Golden Valley Property Maintenance Code (GVPMC) § 302.4; see
also Golden Valley City Code § 103-9 (defining excessive weed growth per the
GVPMC as in excess of eight inches).
2. The Subject Property is inadequately maintained, dilapidated, and deteriorated in
violation of Minnesota State Building Code § 1300.0180. The Subject Property is
incomplete and open to the elements in violation of GVPMC § 304.2. Structural
elements including beams and the foundation have sustained water damage. These
structural elements display visual damage, deterioration, and warping in violation of
GVPMC § 304.1.1. Support panels have fallen over. This deteriorated condition
leaves the structural members unable to sustain the design loads required. These are
hazardous conditions threatening the structural integrity of the structure.
3. The inadequate maintenance and unfinished construction of the Subject Property has
created damage to the structure of the building, allowing for the infiltration of water
into the building leading to damp and unsanitary conditions. There is visible water
damage inside the Subject Property and visible water damage to the exterior of the
Subject Property. Water has collected inside the exposed foundation at the Subject
property deep enough for waterfowl to land in it. The exposed foundation lacks a
method of egress in violation of Minnesota State Fire Code § 1001.1. The unoccupied
building has not been secured, in violation of Minnesota State Fire Code § 311.1. The
fence surrounding the property is unsound and dilapidated in places and fails to
adequately secure the exposed excavation present—an issue of special concern as the
Subject Property borders Sandburg Middle School. These are substantial public safety
concerns and indicate that the Subject Property is a hazardous building within the
meaning of Minn. Stat. § 463.15, subd. 3.
4. The Subject Property constitutes a threat to the health and safety of the public due to
the risk of fire. The uncompleted structure lacks suitable access or egress points. The
damage and deterioration of the exposed structural members renders the building
structurally unsound. The structural instability of the Subject Property, and the lack of
means of egress render the Subject Property unsafe for firefighting crews. If the
Subject Property caught fire, the Golden Valley Fire Department would be forced to
allow it to burn and instead focus their efforts on the surrounding properties only. This
is a substantial public safety concern and indicates that the Subject Property is
hazardous within the meaning of Minn. Stat. § 463.15, subd. 3.
Pursuant to the foregoing, in accordance with Minn. Stat. § 463.17, unless the hazardous
conditions listed above are removed within thirty (30) days of the date of this Order, the City
shall cause the hazardous conditions on the Subject Property to be removed. The removal of the
above-reference hazardous conditions may include, if reasonably necessary, the demolition of the
113
225641v4
Subject Property, the removal of the foundation, and backfilling to prevent any dangerous exposed
excavation.
If you fail to remedy the hazardous conditions, the City will seek permission from the
District Court for the City to do so. The City will move the District Court for summary enforcement
of this Order pursuant to Minn. Stat. § 463.19 unless you remedy the situation within said thirty
(30) day period or unless an answer is filed within twenty (20) days of service of this Order upon
you pursuant to Minn. Stat. § 463.18. Any answer filed must specifically deny sufficient facts
presented in this Order to raise a material question as to the presence or absence of hazardous
conditions. Upon enforcement of the Order by the City, all costs expended by the City will be
assessed against the real property and collected as other taxes as provided in Minn. Stat. § 463.21.
If you fail to remedy the hazardous conditions, you must remove all personal property or
fixtures within thirty (30) days of service of this Order upon you pursuantto Minn. Stat. § 463.24.
If the personal property or fixtures are not removed within that by time, then the City may sell the
personal property or fixtures at public auction as provided in Minn. Stat. § 463.21 or the City may
destroy the same.
Moreover, you are advised that if the City of Golden Valley is compelled to take any action
to abate these hazardous conditions, all necessary costs expended by the City will be assessed
against the real estate and collected as other taxes as provided in Minn. Stat. § 463.21.
CITY OF GOLDEN VALLEY
BY:____________________________
Shepard M. Harris, Mayor
ATTEST:
_______________________________
Theresa J. Schyma, City Clerk
114
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 18, 2023
Agenda Item
6A. First Consideration of Ordinance No. 768 - Updates to Solid Waste Ordinance (Backyard
Composting)
Prepared By
Ethan Kehrberg, Sustainability Specialist
Eric Eckman, Environmental Resources Supervisor
Summary
The current city code, which was passed in November 2019 only allows backyard composting at 1-4
unit residential properties. This update to City Code would expand the backyard composting
opportunity to more people and properties such as multifamily developments, businesses, and
institutional properties (schools, places of worship, public use facilities) would be able to compost.
Many of these properties have shared gardens and the opportunity to include onsite composting
which could be a great benefit to reducing our communities carbon footprint. Composting is beneficial
to the environment because it reduces greenhouse gas emissions, improves soil, and protects water
while also reducing the amount of waste sent to landfills.
Backyard composting is different than organics recycling collection. Residents in 1-4 unit housing are
currently part of the City's organics recycling contract with Republic Services. This same group of
residents in 1-4 unit housing are also already eligible to do backyard composting under the existing
code. Expanding access to compost to more people and organizations would decrease food waste
going to our landfills across multiple sectors in the city without negatively impacting participation
numbers of the City's organics recycling contract.
At their June meeting, the Environmental Commission approved recommendation of this update to
the City Council.
Financial or Budget Considerations
Staff will work within its budget to provide the necessary education, outreach, and enforcement to
ensure compliance with the updated ordinance. During the first year the ordinance is in effect Staff
will monitor its time and resources 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
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Updating the composting code would provide more clarity, access, equity, and opportunity so that
more people in more zoning districts may participate in composting, especially at multifamily
properties, schools, religious facilities, businesses, and community gardens. People not included in the
city contract for organics recycling will also gain the opportunity to dispose of food waste in a more
sustainable manner.
Staff heard feedback from residents and organizations who were interested in composting but were
not able to do so under the current City Code. Updating this section of City Code would support and
advance equity by increasing access to a free and sustainable ways to reduce waste and create usable
compost on community properties.
Recommended Action
Motion to adopt the first consideration of Ordinance No. 768 amending Chapter 22 of the Golden
Valley City Code to update language regarding composting.
Supporting Documents
Ordinance No. 23-768 Update Language Regarding Composting
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ORDINANCE NO. 768
AMENDMENT OF THE CITY CODE RELATING TO
CHAPTER 22-25 SOLID WASTE: COMPOSTING
The City Council of the City of Golden Valley hereby ordains as follows:
Sec�on 1. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 Compos�ng is hereby
amended as follows:
Compos�ng is permited only on real property within the City residen�al proper�es having up to
four dwelling units provided that all of the following condi�ons are met:
Sec�on 2. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (b) Compos�ng is hereby
amended as follows:
(b)Prohibited Composting Materials. The following materials shall not be placed in the compos�ng
structure: hedge, tree trimmings and twigs one- quarter inch diameter or greater;
Christmasholiday trees; meat; bones; fat oils; whole eggs; dairy products; unshredded branches
or logs; plants on the Minnesota Department of Agriculture’s Noxious Weeds List or weeds
heavily loaded with seeds; plas�cs; synthe�c fibers; non-compostable papers; human or pet
wastes; diseased plants; and any other solid waste or hazardous waste not permited in
Subsec�on (1) of this sec�on.
Sec�on 3. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (c) Compos�ng is hereby
amended as follows:
(c)Composting Structure. All compos�ng materials must be contained in an one or more enclosed
structure(s) which may be constructed of wood, wire mesh, or a combina�on of wood and wire,
or in commercially fabricated compost bins designed to contain compos�ng materials. Maximum
of one structure is allowed per lot.
Sec�on 4. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (d) Compos�ng is hereby
amended as follows:
(d)Composting Structure Size. Compos�ng shall be conducted within an one or more enclosed
structure(s) not to exceed a combined/cumula�ve total of 500 cubic feet (for example, 10 feet by
10 feet by five feet) in volume. The maximum height of the compos�ng structure shall be five
feet.
Sec�on 5. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (e) Compos�ng is hereby
amended as follows:
(e)Location. The compos�ng structure shall be located in the rear yard of the property, and shall be
at least five feet from the property line, or 35 feet if the property line is also a street line, and no
closer than 20 feet to any habitable buildings on an abu�ng property., other than the residents'
own home. Compost structures shall be located no closer than 25 feet from stormwater ponds
and storm sewer drains, and must meet all setback and buffer requirements in the Stormwater
Management sec�on of City code.
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Sec�on 6. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (f) Compos�ng is hereby
amended as follows:
(f) Maintenance. The All compost and compos�ng structures shall be managed and maintained in
keeping with standard compost prac�ces according to as referenced in Hennepin County’s
compos�ng guidelines, which include providing adequate air circula�on to prevent combus�on
and objec�onable odors to adjacent proper�es.and regularly turning over the compost within
the compost structure to promote effec�ve decomposi�on.
Sec�on 7. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (h) Compos�ng is hereby
added:
(h) Sale Prohibited. Compost shall not be sold or used for commercial purposes.
Sec�on 8. This ordinance shall take effect from and a�er its passage and publica�on as required by
law.
Adopted by the City Council this 2nd day of August, 2023.
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
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Event Event Time Location
JULY
Sunday, July 23
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, July 27
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Grand Opening of Old National Bank at 10 West 3:00 PM 10 West End,
1601 Utica Ave S
Annual Taste and Tour of Golden Valley 5:00 PM - 8:30 PM City Hall Campus & various local
businesses
Friday, July 28
Penny Carnival 12:30 PM - 2:00 PM Brookview Park
Sunday, July 30
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
AUGUST
Tuesday, August 1
National Night Out 6:00 PM - 9:00 PM Various Locations/In-Person
Wednesday, August 2
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, August 6
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, August 8
Special City Council Meeting (Closed Session)5:00 PM Manager's Conference Room
HRA Work Session 6:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, August 13
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, August 15
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, August 20
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, August 24
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Sunday, August 27
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
SEPTEMBER
Sunday, September 3
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Monday, September 4
City Offices Closed for Observance of Labor Day
Tuesday, September 5
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, September 10
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 12
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, September 17
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Review of Council Calendar
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