08-15-23 City Council Agenda August 15, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Recognition of Parks and Recreation Junior Leader Volunteers
1D.New Employee Introductions
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of City Council Minutes:
3A.1.Minutes of the Special City Council Meeting of July 18, 2023
3A.2.Minutes of the Regular City Council Meeting of July 18, 2023
3B.Licenses:
3B.1.Approve New Massage Establishment License - Two Little Hands
3B.2.Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church Event on
September 16
3B.3.Approve Temporary On-Sale Liquor License and Gambling License Exemption and Waiver of
Notice Requirement - Chester Bird American Legion Post 523 Event on September 17
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 2465 423
0251 and webinar password 1234. Members of the public wishing to address the Council remotely
have two options:
Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment
sections.
Via phone - Call 1-415-655-0001 and enter meeting code 2465 423 0251 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting August 15, 2023 — 6:30 PM
1
3B.4.Receive and File - Gambling License Exemption and Waiver of Notice Requirement -
American Legion Auxiliary Post 523 Event on September 22
3B.5.Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Sons of
the American Legion Post 523 - Events on October 28 and November 17
3C.Bids, Quotes, and Contracts:
3C.1.Approve Purchase of a Wheel Loader from Nuss Truck & Equipment
3C.2.Approve Purchase of a Mower from MTI Distributing, Inc.
3C.3.Ballfield Rehabilitation Project for Tapper Field, Sutton Field, and Isaacson Field #1
3C.4.Sun Shelter Installation at Scheid Park
3D.Adopt Resolution No. 23-069 Approving Ballot Language for Referendum on Local Sales Tax
3E.Approve Summary of Conclusion Regarding City Manager Performance Closed Evaluation
from Executive Session on August 8, 2023
3F.Adopt Resolution 23-070, Approval of Plat for Niewalk Lyons Addition
3G.Adopt Resolution No. 23-071, Approval of Plat for Fretham 30th Addition
4.Public Hearing
4A.Approve Easement Vacation for Luther Auto Group at 8855 Wayzata Boulevard
4B.Adopt Resolutions No. 23-073 and No. 23-074, Approving Easement Vacations for
Meadowbrook School at 5430 Glenwood Avenue.
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A.Review of Council Calendar
6B.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting August 15, 2023 — 6:30 PM
2
EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
1C. Recognition of Parks and Recreation Junior Leader Volunteers
Prepared By
Sheila VanSloun, Parks & Recreation Administrative Assistant
John W. Stutzman, CPRP, Recreation Supervisor
Maddy Champa, Recreation Coordinator
Summary
The Parks and Recreation Junior Leader Volunteer Program invites local youth, ages 13-15, to gain an
introduction to work experiences, leadership opportunities, and valuable jobs skill while working with
the Golden Valley’s popular Summer Playground Adventures Programs. Selected volunteers are
required to submit an application, participate in an interview, complete a background check, and fulfill
two assigned shifts per week, for five weeks, assisting with program set-up/tear down, leading
activities, and providing direction for Playground program participants.
The following individuals were selected for the program and fulfilled requirements to complete the
2023 Junior Leader Volunteer Program:
· Leo Adrian
· Fran Garry-Skujins
· Leland Jarta
· Ana Semsch
· Casper Smith
· Reese Spears
In recognition of their service, the City of Golden Valley extends thanks and gratitude for their work.
Each individual will receive a certificate of service in honor of their volunteer work.
Financial or Budget Considerations
Not applicable
Legal Considerations
Nor required
Equity Considerations
The Junior Leader Volunteer Program supports inclusive and effective community engagement by
providing an opportunity for the underserved populations in the 13-15-year-old age category, to
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remain involved in Golden Valley Parks and Recreation services.
Recommended Action
Recognition of Parks and Recreation Junior Leader Volunteers
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July 18, 2023 —5:30 PM
Council Conference Room
Hybrid Meeting
CITY COUNCIL SPECIAL MEETING MINUTES
Special City Council meetings are being conducted in a hybrid format with in-person and
remote options for attending.
Present:Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise La Mere-
Anderson, and Gillian Rosenquist
Staff present: City Manager Cruikshank and Deputy City Clerk Sue Schwalbe
Special Meeting Item(s):
1.Commissioner Interviews
The Golden Valley City Council met to interview the following candidates for appointment to
a board or commission:
Gary Cohen Amy Barnstorff
2.Discussion Regarding Appointments to Various Boards and Commissions
The Council consensus was to make the following appointments and reappointments at the
regular meeting later tonight:
PLANNING COMMISSION TERM DATE
Ben Fricke (youth)September 30, 2024
Bob Meredith April 30,2024
Gary Cohen April 30,2024
Amy Barnstorff April 30,2025
DIVERSITY, EQUITY, AND INCLUSION COMMISSION TERM DATE
George Kannenberg (youth)September 30, 2024
3.Adjournment
The Council adjourned by unanimous consent at 6:10 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________Theresa J. Schyma, City Clerk
5
July 18, 2023 — 6:30 PM
CouncilChambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings are being conducted in ahybrid format with in-person and remote options for
attending, participating, and commenting. The public can make statements in this meeting during
public comment sections, including the public forum beginning at 6:20 pm.
1.Call to Order
Mayor Harris called the meeting to order at 6:45 pm.
1A.PledgeofAllegianceandLand Acknowledgement
Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land
Acknowledgement statement.
1B.Roll Call
Present: Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denis La
Mere-Anderson, and Gillian Rosenquist
Staff Present: City Manager Cruikshank, City Attorney Cisneros, Community Development
Director Flores, Building Official Anderson, Sustainability Specialist Kehrberg, and
Deputy City Clerk Schwalbe
Mayor Harris stated that due to scheduling constraints Item #1D. Update by Hennepin County
Sherriff Dawanna Witt would be the first presentation of the meeting.
1D.Update by Hennepin County Sheriff Dawanna Witt
Police Chief Green introduced Hennepin County Sheriff Witt who provided a presentation about
the strategic and legislative priorities of the Sheriff’s Office.
Mayor Harris thanked Sheriff Witt for their time and informational update.
1C.Recognition ofSenatorRestand RepresentativeFreiberg
City Manager Cruikshank introduced Senator Rest and Representative Freiberg.
Mayor Harris presented a certificate of appreciation to Senator Rest and Representative Freiberg
in appreciation of their years of support to the community and successful advocacy for the City’s
highest priorities during the 2023 legislative session.
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1E.Swearing-In Ceremony forNewMembers of the Golden Valley Police Department
Police Chief Green administered the oath of office to Officer Andrew Evenson and Officer Gabriel
Page and welcomed them to the Golden Valley Police Department.
1F.Proclamation Recognizing National Night Out - Tuesday, August 1
Police Chief Green discussed the proclamation recognizing National Night Out on August 1, 2023.
He stated there were approximately 73 neighborhood gatherings that participated last year. He
also encouraged block captains to register their neighborhood gatherings so that the Police and
Fire Departments could schedule visits.
Motion by M. Harris, Second by Rosenquist to approve the proclamation recognizing National
Night Out on Tuesday, August 1, 2023.
Motion carried 5-0.
2.Additionsand Correctionsto Agenda
Motion by Rosenquist, Second by La Mere-Anderson to approve the agenda as submitted.
Motion carried 5-0.
3.ConsentAgenda
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.
Motion by Rosenquist, Second by Ginis to approve the Consent Agenda as revised:
Removal of items #3B.1. Board and Commission Appointments; #3C.1. Authorize Agreement
for SEA-Wildwood Park Sun Shelter with Minnesota-Wisconsin Playground, Inc.; and #3E.
Adopt Resolution No. 23-064 Approving Laws 2023, Regular Session, Chapter 64, Article 10,
Section 37, to Impose a Sales and Use Tax.
Motion carried 5-0.
3A.Approval of City Check Registers
3B.Boards, Commissions, andTask Forces:
3B.1.BoardandCommissionAppointments
3C.Bids, Quotes, and Contracts:
3C.1.Authorize Agreementfor SEA-WildwoodParkSun Shelter with Minnesota-Wisconsin
Playground Inc.
3D.Approve VarianceExtension at2330 York AvenueNorth
3E.Adopt ResolutionNo. 23-064Approving Laws 2023, Regular Session, Chapter 64, Article
10, Section 37, to Impose a Sales and Use Tax
3F.Adopt Resolution 23-065for a Reimbursement Agreement for the New Public Works and
Public Safety Facilities
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3G.Adopt ResolutionNo. 23-066Assigning Contingencyfunds to CityManager's Department
for 2023 Strategic Priorities
3.Items Removed From the Consent Agenda
3B.1.BoardandCommissionAppointments
Council Member La Mere-Anderson thanked residents for applying to the City’s commissions.
She also wanted to remind interested individuals that there are more openings on City
commissions and encouraged residents to look at the City website for more information.
Motion by La Mere-Anderson, Second by M. Harris to make the following appointments:
PLANNING COMMISSION TERM DATE
Benjamin Fricke (youth)September 30, 2024
Bob Meredith April 30,2024
Gary Cohen April 30,2024
Amy Barnstorff April 30,2025
DIVERSITY, EQUITY, AND INCLUSION COMMISSION TERM DATE
George Kannenberg (youth)September 30, 2024
Motion Carried 5-0.
3C.1.Authorize Agreementfor SEA-WildwoodParkSun Shelter with Minnesota-Wisconsin
Playground Inc.
City Attorney Cisneros stated the agreement included in the agenda packet had a blank space in
paragraph 13 where the bond amount should have been filled in. She provided Council Member
Harris with amended motion language to correct the error to adequately reflect the City’s
requirement for a bond amount that is equal to the size of the contract.
Motion by M. Harris, Second by La Mere-Anderson to authorize the Mayor and City Manager to
execute an agreement with Minnesota-Wisconsin Playground Inc for the purchase and installation
of the SEA-Wildwood Park sun shelter in the amount of $57,229 and to fill-in $57, 229 on the
agreement as the required bond amount.
Motion Carried 5-0.
3E.Adopt ResolutionNo. 23-064Approving Laws 2023, Regular Session, Chapter 64, Article
10, Section 37, to Impose a Sales and Use Tax
Mayor Harris explained the process of instituting a sales and use tax and stated that this resolution
does not approve the sales and use tax. Mayor Harris added that there will be many more
opportunities for residents to learn the details of the sales and use tax that will be included on the
November ballot in the near future.
Motion by Ginis, Second by Rosenquist 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
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and reconstructing a new Public Works facility and constructing a new Public Safety facility on the
current Public Works site.
Motion carried 5-0 with unanimous approval. (In favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
4.Public Hearing
4A.HazardousBuildingDeclaration-2425DouglasDriveNorth
City Attorney Maria Cisneros discussed the staff report including evidence and timeline of
conditions at the property, staff communication with the property owner, process involved in
making a hazardous building declaration, and timeline for possible remediation. She noted that
Building Official Anderson was also in attendance and available for Council questions.
Council Member La Mere-Anderson thanked staff for their efforts to find a solution for the
hazardous conditions at this property and continued communication with the property owner.
Council Member Rosenquist and Mayor Harris stated their agreement with Council Member La
Mere-Anderson’s statements.
Mayor Harris opened the public hearing. As there were no comments, the public hearing was
closed.
Motion by Rosenquist, Second by Ginis to adopt Resolution No. 23-067 ordering repair and
removal of hazardous conditions at 2425 Douglas Drive North.
Motion carried 5-0 with unanimous approval. (In favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
5.Old Business
6.New Business
6A.First Consideration of Ordinance No. 768 - Updates to Solid Waste Ordinance (Backyard
Composting)
SustainabilitySpecialist Kehrberg discussedthe staff report and explained the difference
between backyard composting and organics recycling. He added that this ordinance would
expand resident accessto composting and decrease food waste going to landfills.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Ginis,Second by M. Harris to adopt the first consideration of Ordinance No. 768
amending Chapter 22 of the Golden Valley City Code to update language regarding composting.
Motion carried 5-0 with unanimous approval. (In favor: S. Harris, Ginis, M. Harris, La Mere-
Anderson, Rosenquist. Opposed: N/A)
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6B.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings and events.
6C.Mayor and Council Communications
1. Other Committee/Meetingupdates
7.Adjournment
The meeting adjourned by unanimous consent at 9:00 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
________________________________
Sue Schwalbe, Deputy City Clerk
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3B.1. Approve New Massage Establishment License - Two Little Hands
Prepared By
Theresa Schyma, City Clerk
Summary
Lindsay Marcy, owner of Two Little Hands, has applied for a new massage establishment license that
would operate at 8441 Wayzata Boulevard, Suite 135. The City Clerk has reviewed the application and
currently sees no reason to deny the license pending the successful completion of the background
check. The new license will be effective through December 31, 2023.
Financial or Budget Considerations
Fees received are budgeted and help to defray costs the City incurs to administer and process new
licenses. No licenses are issued until payment is received in full.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item does not require equity review.
Recommended Action
Motion to approve the issuance of a massage establishment license to Two Little Hands, 8441
Wayzata Boulevard, Suite 135, pending the completion of a successful background check.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3B.2. Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church Event on
September 16
Prepared By
Theresa Schyma, City Clerk
Summary
Good Shepherd Catholic Church, 145 Jersey Avenue South, has applied for a temporary on-sale liquor
license for an event on Saturday, September 16, 2023.
Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or
charitable, religious, or other nonprofit organization with Council approval. A certificate of liability
insurance naming the City as an additional insured is also required and has been provided by the
applicant.
Financial or Budget Considerations
Fees received for temporary liquor licenses help to defray costs the City incurs to administer license
requirements.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving temporary on-sale licenses gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to approve a temporary on-sale liquor license for Good Shepherd Catholic Church, 145 Jersey
Avenue South, for an event on Saturday, September 16, 2023.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3B.3. Approve Temporary On-Sale Liquor License and Gambling License Exemption and Waiver of
Notice Requirement - Chester Bird American Legion Post 523 Event on September 17
Prepared By
Theresa Schyma, City Clerk
Summary
Chester Bird American Legion Post 523, a 501(c)(19) organization at 200 Lilac Drive North, has applied
for a temporary on-sale liquor license to have liquor outside of their normally licensed premises for an
event on Sunday, September 17, 2023. They have also applied for a Gambling License Exemption to
conduct gambling (raffle) at the same event.
Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or
charitable, religious, or other nonprofit organization with Council approval. A certificate of liability
insurance naming the City as an additional insured is also required and has been provided by the
applicant.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Financial or Budget Considerations
Fees received for temporary liquor licenses help to defray costs the City incurs to administer license
requirements.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving temporary on-sale licenses and lawful gambling exemptions gives nonprofit organizations
the opportunity to create relationships within the community and make connections that can help
provide unbiased programs and services to those in need.
Recommended Action
Motion to approve a temporary on-sale liquor license for Chester Bird American Legion Post
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523, 200 Lilac Drive North, for an event on Sunday, September 17, 2023.
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the American Legion Auxiliary Post 523 to conduct gambling (raffle) for an
event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on September 17,
2023.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3B.4. Receive and File - Gambling License Exemption and Waiver of Notice Requirement - American
Legion Auxiliary Post 523 Event on September 22
Prepared By
Theresa Schyma, City Clerk
Summary
The Legion Auxiliary Post 523 has applied for a Gambling License Exemption to conduct gambling
(bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on
September 22, 2023.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the American Legion Auxiliary Post 523 to conduct gambling (bingo and raffle) for an
event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on September 22, 2023.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3B.5. Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Sons of the
American Legion Post 523 Events on October 28 and November 17
Prepared By
Theresa Schyma, City Clerk
Summary
The Sons of the American Legion Post 523 have applied for two Gambling License Exemptions to
conduct gambling (bingo and raffle) for events at the Chester Bird American Legion Post 523, 200 Lilac
Drive North, on October 28 and November 17, 2023.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for
events at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on October 28 and
November 17, 2023.
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3C.1. Approve Purchase of a Wheel Loader from Nuss Truck & Equipment
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Unit 684, a 2009 Caterpillar IT14G Wheel Loader has reached its useful life cycle and is scheduled to be
replaced. Staff evaluate vehicles and equipment on an annual basis to determine replacement
programing. The loader meets replacement criteria set forth in the City’s vehicle replacement policy
and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment
scheduled for replacement and any vehicle/equipment scoring 28 points and higher meets the
category of “needs immediate consideration.” The existing loader due for replacement scored 36
points.
The new loader will be equipped with a front and side snowplows and associated hydraulics and
controls. Staff utilizes this equipment for snow removal and other maintenance activities such as
loading dump trucks and stockpiling aggregate.
Ordering the loader and equipment now helps provide a delivery date sometime in 2024. This helps
prevent any delays with supply chain issues and equipment setup.
Staff recommends purchasing the equipment from the state contract through the State of
Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division
has awarded the following contracts through the CPV:
Contract No.Item Vendor Amount
221532 Volvo L60H Wheel Loader Nuss Truck & Equipment $219,025.00
221532 Plows, Hydraulics, and Controls Nuss Truck & Equipment $66,500.00
Total Purchase Price $285,525.00
Under Minnesota Statutes Section 471.345, the city may dispose of retired equipment using an
electronic selling process.
Financial or Budget Considerations
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The 2023-2032 Vehicle and Equipment Capital Improvement Program (CIP) includes $225,000 for the
purchase of a Wheel Loader (V&E-199) in 2024. Additional funding will come from the sale of asset
and postponing other purchases. Current resale values are $50,000.
Legal Considerations
The proposed equipment will be purchased from state contract that used the competitive bid process.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 6%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of a Volvo L60H Wheel Loader from Nuss Truck & Equipment in the
amount of $285,525.00.
Supporting Documents
Nuss Truck & Equipment Quote
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Nuss Truck & Equipment
12540 Dupont Avenue South
Burnsville, MN 55337
952-894-9595 / 800-552-1189
Fax 952-894-1619
www.nussgrp.com
ROCHESTER ST. PAUL MANKATO ST. CLOUD DULUTH EAU CLAIRE BURNSVILLE
State Contract Release L-331(5)
July 24, 2023
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear: Marshall
Thank you for the opportunity to quote you our Volvo L60H 2.0 Wheel Loader with Falls Wing and Plow. The
machine is equipped as follows:
Volvo L60H 2.0 Wheel Loader- Operating Weight 28,402lbs
Volvo L60H, Wheel Loader $120,535
4-Rims (3pc) for 20.5 or 600 tires $ 2,576
Volvo D6J Turbo charged engine (164HP/605ft/lbs. torque) $0
Fuel fill strainer $0
Delayed Engine Shutdown $117
Reversible cooling fan $776
Rimpull $0
Volvo Airsusp, Heated, 2pt, 3" belt $1,281
Air conditioning with ACC (automatic climate control)$4,117
Steering knob $0
Sliding window in door $0
ACC Fahrenheit decal only $0
Universal key $0
Secondary steering, electric $0
Lunch box holder $0
Anchorage manual $0
Co-pilot included Camera $0
Operator Coaching Start $0
LOTO, Lock out tag out $0
Back up alarm $0
Footsteps front frame $0
Footstep, right side $184
Boom Suspension System ("Ride Control”)$3,921
Decals, English/Spanish $0
Cover plates, rear frame $0
Frame, life time warranty $0
CareTrack Connectivity 4 yr Subscription $0
CareTrack, GSM/Satellite $0
De-activate SAT $0
Life Time Frame Warranty $0
Factory Warranty (2500 hours or 1 year)$0
FREE 1yr subscription of Active Care Direct $0
Customizable extended warranty options available TBD
Standard Build Price $132,226.00
Sales tax not included in purchase price
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ROCHESTER ST. PAUL MANKATO ST. CLOUD DULUTH EAU CLAIRE
Loader Options
Long boom $2,743
20.5R25* L-2 Michelin Snoplus (4)$12,343
Full coverage fenders rear for standard tires $551
Mud flaps for full fenders for standard tires $372
Air pre-cleaner, Turbo II $825
Engine block heater (120V)$578
Operator Seat-Premium Comfort ISRI $1,935
Radio (Bluetooth)$623
RH Radio mounting kit $656
Sun blinds rear window $241
Armrest for ISRI premium seat $158
Single lever control (3rd function Long Boom)$4,745
Rearview mirrors (electric/heat long arm RH)$554
Automatic activation of rear work lights when reversing $301
Headlights LED $906
LED Power Package $3,843
Warning Beacon, LED $533
Jump start connector (NATO type)$109
EL Hydraulic 3 Functions (Long Boom)$2,802
Separate attachment locking (Long Boom)$2,300
Auto lube for attachment bracket (Long Boom)$316
Auto Lube for long boom $7,495
Oil sampling ports $189
Logging Counterweight $734
Slow moving vehicle sign $192
Head light guards $310
HD tail light guards $638
Volvo Attachment bracket $3,636
59" Fork frame – standard $2,786
Set of 57" straight fork tine, 6" X 2.4"$2400
Material handling arm (3-section)$8,800
Volvo 101” 2.5yd 4-in-1 Bucket with BOCE $18,895
Volvo/Skid Steer adaptor plate $2900
Loader Options Price:$86,412.00
Loader Build Price:$218,638.00
Sales tax not included in purchase price
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ROCHESTER ST. PAUL MANKATO ST. CLOUD DULUTH EAU CLAIRE
Falls Wing and Plow
FALLS MODEL PTE-12-MS REV TRIP EDGE SNOW PLOW
VOLVO HOOKS
ADAPT/INSTALL FALLS SUPPLIED VOLVO BLANKS TO FIT FALLS PLOW
FALLS MODEL LDL-10ARL LOADER MOUNTED SNOW WING
o STD CUTTING EDGE
o FRONT MOUNT/REAR LIFT
o PAINT VOLVO
LOADER WING HYD BUFFER BRACE
3 SPOOL VALVE AND CONTROLLER INSTALLED
6 PORT STUCCHI QUICK DISCONNECT
2 PORT STUCCHI QUICK DISCONNECTFOR PLOW
4 PORT STUCCHI QUICK DISCONNECT
2 PORT STUCCHI FOR ATTACHMENT (4-in-1 bucket)
Falls Purchase Price:$66,500.00
L60H + Falls Wing and Plow:$285,138.00
Delivery Fee: ($300 min) + ($5.75mile x 15 miles)$387.00
TOTAL PURCHASE PRICE:$285,525.00
F.O.B. City of Golden Valley Public Works
Sales tax not included in purchase price
I appreciate your time and consideration on the above Volvo L60H 2.0 Wheel Loader with Falls Wing and
Plow. If you have any questions or would like additional information, please call my cell phone at
(612) 346-2045.
Adam Edwards
Regional Sales Representative
Nuss Truck and Equipment
21
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3C.2. Approve Purchase of a Mower from MTI Distributing, Inc.
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Summary
Unit 496, a 2015 16-foot hydrostatic mower has reached its useful life cycle and is scheduled to be
replaced. Staff evaluates vehicles and equipment on an annual basis to determine replacement
programing. The existing mower meets replacement criteria set forth in the City’s Vehicle
Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles
and equipment scheduled for replacement and any vehicle/equipment scoring 28 points or higher
meets the category of “needs immediate consideration”. The mower due for replacement scored 37
points.
Ordering the mower now helps provide a delivery date in 2024 due to supply chain issues. Staff
utilizes this equipment for mowing large open green areas, such as, parks and sport fields.
Financial or Budget Considerations
The 2023-2032 Vehicle and Equipment Capital Improvement Program (CIP) includes $125,000 for the
purchase of a mower (V&E-030) in 2024.
Staff recommends purchasing the equipment from the state contract through the State of
Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division
has awarded the following contract through the CPV:
Contract No.Item Vendor Amount
224320 Toro Groundsmaster
5910 MTI Distributing, Inc.$154,252.35
224320 Leaf Mulching Kit MTI Distributing, Inc.$2,782.36
Total Purchase Price $157,034.70
Additional funding will come from the sale of asset. Under Minnesota Statutes Section 471.345, the
City may dispose of retired equipment by trading it in. MTI Distributing offered $18,000 trade-in value
on unit 496. However, Golf Maintenance is willing to pay comparable auction prices of $30,000.
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Legal Considerations
The proposed equipment will be purchased from state contracts that used the competitive bid
process.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 6%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of a Toro Groundsmaster 5910 mower from MTI Distributing, Inc. in the
amount of $157,034.70.
Motion to sell unit 496 to Golf Maintenance in the amount of $30,000.
Supporting Documents
MTI Distributing, Inc. Quote
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Quote Expiration Date:5/12/2023
Marshall Beugen
City of Golden Valley
Qty Model
Number Description Quote Price Each Quote Price
Extended
1 31699 Groundsmaster 5910 $154,252.35 $154,252.35
1 31604 Leaf Mulching Kit $2,782.35 $2,782.35
Equipment Total $157,034.70
6.875% Sales Tax Exempt
Total $157,034.70
Net 30 Terms with qualified credit
New Toro commercial equipment comes with a two-year manufacturer warranty
Equipment delivery and set-up at no additional charge
All commercial products purchased by a credit card will be subject to a 2.5% service fee.
Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us.
Larry Gorman Karen Wangensteen
Outside Sales Representative Inside Sales Representative
612-877-0830 763-592-5643
I commit to the purchase as detailed on quote above. I reserve the right to opt out of intended purchase at any time prior to scheduled delivery. I understand that the
quoted pricing above is not guaranteed and that I will be provided a new proposal when product becomes available.
Name:
Signature:
Date:
MTI Distributing
Equipment Quote
April 12, 2023
MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429
MINNESOTA STATE CONTRACT PRICING - CONTRACT #224320
Quote validity: As a result of supply chain disruptions effecting availability and pricing, the pricing above cannot be guaranteed. Should
you commit to a non-binding purchase commitment, a firm quote (including finance rates) will be provided when product becomes
available.
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EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3C.3. Ballfield Rehabilitation Project for Tapper Field, Sutton Field, and Isaacson Field #1
Prepared By
Sheila VanSloun, Parks & Recreation Administrative Assistant
Rick Birno, Parks & Recreation Director
Summary
A request for proposal quotes was advertised on April 13, 2023 for ballfield rehabilitation.
Improvements include leveling infields, scraping and replacing field turf, reconstructing safe
infield/outfield edges, removing and replacing infield ball mix, reconstructing pitcher mounds, and
setting new bases/pitcher mound rubbers to provide safe fields for youth baseball. All potential
contractors were invited to meet the Parks Superintendent onsite to review the project. Three quotes
were submitted on April 25, 2023. Magic Turf, Inc. was the low bid and is the contractor
recommended by staff. Quote totals are listed below;
· Magic Turf, Inc. $103,342.50
· Peterson Companies, Inc. $145,250.00
· Urban Companies, LLC $168,000.00
Financial or Budget Considerations
$180,000 has been budgeted in the 2023 Golden Valley Parks CIP budget (P-027) for athletic field
improvements and the ballfield rehabilitation project.
Legal Considerations
The contract is a Golden Valley Contract for Local Improvement and it has been reviewed and
approved by the City Attorney.
Equity Considerations
Providing unbiased programs and services through infrastructure that supports and advances diversity,
equity, and inclusion in all Golden Valley parks.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a Contract for Local Improvement with
Magic Turf, Inc. for the 2023 ballfield rehabilitation project in the amount of $103,342.50.
Supporting Documents
2023 Contract for Local Improvement - Ballfield Rehabilitaion Project.docx
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1
CONTRACT FOR LOCAL IMPROVEMENT
THIS AGREEMENT is made this 15th day of August, 2023(the “Effective Date”) by and between Magic Turf,
Inc., a Minnesota Company located at 19462 Ogden St. NW, Elk River MN(“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 athletic field rehabilitation.
B. The City desires to hire Contractor to improve ballfields at Sandburg recreation area and Isaacson
Park.
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
Contractor agree 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 A. 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 August of 2023. The
Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the
City’s project manageron or before October 13, 2023(the “Contract Time”). Contractor shallto 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 Citymay, at its discretion, extend the Contract Time.
3.Consideration.The consideration, which the City shall pay to Contractor, shall not exceed
$103,342.50 (the “Contract Price”) in accordance with the Contractor’s proposal attached hereto and
incorporated herein as Exhibit B. The Contract Price shall be for both the Work performed by Contractor
and the expenses incurred by Contractor in performing the Work. The City shall pay Contractor the
Contract Price within thirty (30) days of the Final Completion Date, as that term is defined in section 9
below, or within thirty (30) days of receiving a final statement from Contractor, whichever is later.
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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.
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.
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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 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 is only responsible for a five (5) day warranty on sod as the care taking
and irrigation is the responsibility of the city. 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.
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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.
In the event of a termination, the City shall pay Contractorfor 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.
16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof 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.
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17.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
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 is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case
of non-payment.
18.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.
19.Performance and Payment Bond.Performance and payment bonds are not required for this
project.
20.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 aredue) in the Agreement without the written consent of the other except to the extent that
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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.
21.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.
22.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, 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.
23.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.
24.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
25.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
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
26.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,
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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.
27.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.
28.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, inthe City’s sole discretion.
29.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 are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
30.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.
31.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Al Lundstrom, or designee. Contractor’s authorized agent for purposes of administration of this contract
is Jerrod Brunelle, or designee who shall perform or supervise the performance of all Work.
32.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
Magic Turf, Inc.
19462 Ogden St. NW
Elk River, MN 55330
jerrod@magicturf.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
alundstrom@goldenvalleymn.gov
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or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
33.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.
34.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.
35.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.
36.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.
37.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 to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
38.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.
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39.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.
MAGIC TURF,INC.:CITY OF GOLDEN VALLEY:
By: _________________________________
Name: Jerrod Brunelle
Title: President
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
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Exhibit A
PROJECT SCOPE AND SPECIFICATIONS
Field Locations
Isaacson Field #1 – 7101 Sandburg Rd. (Youth size field for 7 to 12 year olds)
Tapper Field – Sandburg Middle School 2400 Sandburg Ln. (Full size field 13 to 18 year olds)
Sutton Field – Sandburg Middle School 2400 Sandburg Ln. (Full size field 13 to 18 year olds)
Isaacson Field #1 – 60’ Infield Reconstruction
The grass infield has severe raised edges, lower elevation than surrounding surfaces, mound is
in need of reconstruction, and infield turf is in poor condition partnered with a number of
other field issues.
Provide infield elevation verifications both pre-construction and post construction.
Strip entire existing infield turf, strip and remove 2" of ag-lime from entire infield surface,
remove all raised edges, correct infield grade as required.
Remove and lower unsafe, raised lip along ag-lime/grass edge that has developed. Minimum
repair required is 5 feet wide along area of concern, but could be up to 10' or more for more
severe need. Assuming 5' lip along outfield arc (1,000 sq. ft.). Raised area needs to be cut-out,
lowered, regraded, and then sodded.
Infield ag-lime (Red Ball) grading will need to be completed in order to adjust infield elevation
and provide a safe transition to the new outfield elevation.
Provide standard grading for typical baseball infield. Vertical till as needed to blend existing
ag-lime surface, then grade.
Measure, mark, and edge perimeter of pitching mound. Scarify and moisten existing clay
material, re-form mound, and compact.
Install 18" youth 4-sided pitching rubber.
Install new home plate w/solid wood core design.
Install 2” ground anchors for base installation (City will provide guidance on type of anchor).
Vertical till all new soils to blend and provide proper root zone structure.
GPS all irrigation locations and re-flag after stripping/grading is complete prior to adding new
sod.
Install infield sod with large roll bluegrass for athletic fields.
Haul (onsite piles) and spread owner supplied ag-lime/sand/top soil with turf grass friendly
dump carts, and spread on field.
All mobilization fees should be calculated into project estimate. Field work for all three fields is
scheduled to be done at the same time.
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Sutton Field – 90’ Infield Reconstruction (Sandburg Middle School)
The grass infield has severe raised edges, excess infield ag-lime, elevation issues, mound is in
need of an improvement, and infield turf is in poor condition partnered with a number of
other field issues.
Provide infield elevation verifications both pre-construction and post construction.
Strip an estimated 2-4" of "ag-lime" from the skin portion of the infield to eliminate the
unstable material and lower this area of the infield.
Strip entire grass portion of infield.
Strip and lower 5' of outfield arc to remove infield to outfield lip, could be up to 10' or more
for more severe issue.
Haul (onsite soil piles) and spread owner supplied ag-lime/sand/top soil with turf grass friendly
dump carts, and spread on field area as needed.
Install City supplied topsoil/sand in grass portion of infield to appropriately level the area,
improving the grade and allowing for proper drainage.
Install an estimated 50 tons of new Red Ball infield ag-lime as needed to create a properly
graded infield surface for safe play.
Vertical till as needed to blend existing ag-lime surface, then grade.
Grade all transition areas to provide safe playing surface and proper drainage.
All infield/outfield turf stripped areas will be re-sodded at the proper measurements with big
roll Bluegrass sod.
City staff will need to remove irrigation heads, cap them, and then flag exactly where irrigation
heads were located prior to work beginning.
GPS all irrigation locations and re-flag after stripping/grading is complete prior to new soils
and adding new sod.
Provide standard grading for typical baseball infield.
Adjust and re-shape ag-lime pitching mound based on the new infield elevation changes. Add
additional clay if needed (clay provided by City).
Install full size 4-sided pitching rubber (if needed – City will provide guidance).
Install new home plate w/solid wood core design (if needed – City will provide guidance).
Install 2” ground anchors for base installation (if needed - City will provide guidance on type of
anchor).
Vertical till all new soils to blend and provide proper root zone structure.
All mobilization fees should be calculated into project estimate. Field work for all three fields is
scheduled to be done at the same time.
Tapper Field – 90’ Infield Reconstruction (Sandburg Middle School)
The grass infield has severe raised edges, excess infield ag-lime, elevation issues, mound is in
need of an improvement, and infield turf is in poor condition partnered with a number of
other field issues.
Provide infield elevation verifications both pre-construction and post construction.
Strip an estimated 2-4" of "ag-lime" from the skin portion of the infield to eliminate the
unstable material and lower this area of the infield.
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Strip entire grass portion of infield.
Strip and lower 5' of outfield arc to remove infield to outfield lip, could be up to 10' or more
for more severe issue.
Haul (onsite soil piles) and spread owner supplied ag-lime/sand/top soil.
with turf grass friendly dump carts, and spread on field area as needed.
Install City supplied topsoil/sand in grass portion of infield to appropriately level the area,
improving the grade and allowing for proper drainage.
Install an estimated 50 tons of new Red Ball infield ag-lime as needed to create a properly
graded infield surface for safe play.
Vertical till as needed to blend existing ag-lime surface, then grade.
Grade all transition areas to provide safe playing surface and proper drainage.
All infield/outfield turf stripped areas will be re-sodded at the proper measurements with big
roll Bluegrass sod.
City staff will need to remove irrigation heads, cap them, and then flag exactly where irrigation
heads were located prior to work beginning.
GPS all irrigation locations and re-flag after stripping/grading is complete prior to new soils
and adding new sod.
Provide standard grading for typical baseball infield.
Adjust and re-shape ag-lime pitching mound based on the new infield elevation changes. Add
additional clay if needed (clay provided by City).
Install full size 4-sided pitching rubber (if needed – City will provide guidance).
Install new home plate w/solid wood core design (if needed – City will provide guidance).
Install 2” ground anchors for base installation (if needed - City will provide guidance on type of
anchor).
Vertical till all new soils to blend and provide proper root zone structure.
All mobilization fees should be calculated into project estimate. Field work for all three fields is
scheduled to be done at the same time.
CITY’S RESPONSIBILITIES TO PROJECT
Removing, capping and flagging all irrigation heads
Provide all topsoil, sand and ballfield ag-lime mix onsite as needed
All stripped/removed materials to be discarded onsite for City to remove
Provide clay for pitcher’s mound reconstruction as needed
Provide guidance on type of base anchor for all three fields
Provide project guidance throughout project
Timetable
All proposals must be submitted on/or before Tuesday, April 25, 2023 at 10:00 am.
Notification of selected contractor May 1, 2023
City Council Contract approval July 2023
Field improvements to begin August 2023 (or earlier if field(s) are available)
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Exhibit B
Proposal Form
The undersigned hereby certifies that an examination has been made of the scope and locations 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.
Field
Size
Age
GroupDescription Unit Price Total
$$Isaacson Ballfield #1 Youth 7-12 25,330 25,330
$$39,077.50Sandburg-Tapper Field Full 13-18 39,077.50
$$Sandburg -Sutton Field Full 13-18 38,935 38,935
Commitment to begin project August 2023
(or sooner if field(s} are available}Initial JB
TOTAL COST TO PROVIDE FIELD REHABILITATION FOR ALL LOCATIONS 103,342.50$
Company Name Magic Turf,Inc Phone Number 612-900-5295
19462 Ogden St.NW,Elk River,MN
55330Address
Email Jerrod@magicturf.com
Owner
4-24-2023
*Proposals are goodfor 60 days.The City of Golden Valley reserves the right to reject any and all proposals.
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EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3C.4. Sun Shelter Installation at Scheid Park
Prepared By
Sheila VanSloun, Parks & Recreation Administrative Assistant
Rick Birno, Parks & Recreation Director
Summary
A request for proposal quotes was advertised on June 19, 2023 for the installation of a sun shelter at
Scheid Park. Scope of work includes installation of footings, concrete pad for shelter area and the
installation of the 20’ sun shelter. One quote was received on June 27, 2023 from
Minnesota/Wisconsin Playground. Staff recommends Minnesota/Wisconsin Playground for the
installation of the sun shelter for a fee of $23,228.00.
Financial or Budget Considerations
$80,000 has been budgeted in the 2023 Golden Valley Parks CIP budget (P-017) for shelter projects in
the parks.
Legal Considerations
The contract is a Golden Valley Construction Contract that has been reviewed and approved by the
City Attorney.
Equity Considerations
Providing unbiased programs and services through infrastructure that supports and advances diversity,
equity, and inclusion in all Golden Valley park.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a construction contract with
Minnesota/Wisconsin Playground for the 2023 Scheid Park Sun Shelter installation in the amount of
$23,228.00.
Supporting Documents
2023 Scheid Sun Shelter Contract for Construction Services - MN Wis Playgrounds.docx
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CONTRACTFORCONSTRUCTIONSERVICESTOINSTALL20’ HEXAGON STEEL SUN SHELTER
WITH MINNESOTA WISCONSIN PLAYGROUND
THIS AGREEMENT is made this 15th day of August, 2023 (the “Effective Date”) by and between Minnesota
Wisconsin Playground,a construction 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 businessof park amenity construction.
B. The Citydesires to hire Contractor to provideconstructionservicesto install a steel 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
Contractor agree as follows:
AGREEMENT
1.The Work.Contractor shallperform 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,andincludes all labor, materials,equipment, andservices providedor to beprovided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according tothe specifications
set forth in the attached Exhibit B and C. 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. The Contractor shall proceed diligently andshall completethe Work to the
satisfactionandapprovaloftheCity’sauthorizedagentaccordingto the lengthoftime setforthin Exhibit
A (the“ContractTime”).ContractorshallnotifytheCityinwritingofanycauseofdelayoftheWorkwithin
24 hours after such cause of delay arises. If Contractor fails to complete the Work during 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.In considerationof the performance of the Work, the City shall pay to Contractor
the amount set forthherein ExhibitD (the“ContractPrice”).Theconsiderationshallbe forboththeWork
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertakenby Contractorduringthe relevantbillingperiod. The City shallpay Contractorwithin
thirty (30) days after receiving a statement from Contractor.
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4.Extra Work.Unless approvedby theCity in writing,Contractorshallmake noclaim forextrawork
done ormaterialsfurnished, nor shallContractor do anywork or furnishanymaterialsnotcoveredby 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.TheContract Documents shall consistof 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. Modificationsto this Agreement
b. This Agreement,includingall exhibits
c. Supplementarydrawings,plans,specifications
d. Other documents listedinthis Agreement
Drawings shallcontroloverSpecifications, and detail in drawings shall controlover 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 forthe safety of, and shall provide reasonableprotection to
prevent damage, injury, or loss to:
a. Persons performingthe Work andother personswhomay be affected bytheWork;
b. The Workandmaterialsandequipment 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.AcceptanceoftheWork.Allof the Contractor’sworkandlabor shallbe subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defectiveor unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
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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 delivery to and acceptance of the Work by the City. Any
paymentmadetoContractor,shallnotbeconstruedasoperatingtorelieveContractorfromresponsibility
for the constructionand deliveryof Work. Acceptanceof 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, andwill 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
warrantsto theCitythatthematerialsandequipmentfurnishedunderthisAgreementareofgoodquality
andnew,unlessthisAgreementrequiresorpermitsotherwise.ContractorfurtherwarrantsthattheWork
will conform to the requirements of this Agreement and will be free from defects. Work, materials, or
equipmentnotconformingtotheserequirementsmaybeconsidereddefective.Contractorshallpromptly
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.Contractorguarantees andagrees to maintain thestabilityofthe Work andmaterials
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
doso.TheCityshallgivesuchnoticepromptlyafterdiscoveryofthecondition.IfContractorfailstocorrect
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
otherobligationsContractor has undertheContractDocuments.Establishmentoftheone-yearperiodfor
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
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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, bymutualwrittenagreement, may terminatethis Agreementat any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City uponprovidingthirty(30)days’written noticeto the City;
c. The Citymay terminate this Agreementat any time atits option, forany reasonor no reason
at all; or
d. TheCitymayterminatethisAgreementimmediatelyuponContractor’sfailuretohaveinforce
any insurance required by this Agreement.
Intheeventofatermination,theCityshallpayContractorforWorkperformedtothedateoftermination
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
afterfinalpayment.Thepartiesagreethatthisobligationwillsurvivethecompletionorterminationofthis
Agreement.
16.Indemnification.To the fullest extent permitted by law, Contractor, andContractor’ssuccessors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents,volunteers,andemployeesfrom anyandallclaims;lawsuits;causesofactionsofanykind,nature,
orcharacter;damages;losses;andcosts,disbursements,andexpensesofdefendingthesame,includingbut
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resultingfrom orarising outof Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement,orcausedinwholeorinpartbyanynegligentactoromissionorwillfulmisconductbyContractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
NothinginthisAgreement shallconstitutea waiverorlimitationofany immunity orlimitationonliability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
17.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’sCompensation Insurance as requiredbyMinnesotaStatutes,section176.181;
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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 andadvertisinginjury;
iii.Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv.Bodily injuryor propertydamagearisingoutofcompletedoperations; and
v.Contractor’sindemnityobligationsunderthis Agreement.
To meet theCommercialGeneralLiabilityandBusiness Auto Liabilityrequirements, Contractor may usea
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 Valleyis named asan additionalinsured with respect to the commercialgeneralliability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liabilitypolicy followsformon all underlyingcoverages.” Suchcertificateof liability insuranceshalllist the
City as an additionalinsuredandcontain a statementthatsuch policiesof insurance shallnot 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.
18.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.
19.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
moneysthataredue)intheAgreementwithoutthewrittenconsentoftheotherexceptto theextentthat
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.
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20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has specialexpertise as to the Work which Contractor
is to performand is customarilyengaged in the independent performance ofthe sameor similarwork 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 achievedshall be specified by the City. The partiesagree thatthis is not a joint venture andthe parties
are not co-partners. Contractoris notan employeeoragent of the City and has no authoritytomake 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
asanindependentcontractorandnotasanemployeeoftheCityforanypurpose,includingbutnotlimited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
21.Compliancewith Laws.Contractorshallexercise dueprofessionalcareto complywithapplicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’sguests,invitees,members,officers,officials, agents,employees,volunteers,representatives,
andsubcontractorsshallabideby theCity’spoliciesprohibitingsexualharassmentandtobacco,drug,and
alcoholuseasdefinedontheCity’sTobacco,Drug, andAlcoholPolicy,aswellasallotherreasonablework
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
violationofanyofthesepolicies,procedures,orrulesconstitutesabreachoftheAgreementandsufficient
grounds for immediate termination of the Agreement by the City.
22.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.
23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24.ChoiceofLawandVenue.ThisAgreementshallbegovernedbyandconstruedinaccordancewith
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
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
25.WorkProductsandOwnershipofDocuments.Allrecords,information,materialsandotherwork
products,including,butnotlimitedtothecompletedreports,drawings,plans,andspecificationsprepared
anddevelopedinconnectionwiththe provisionoftheWorkpursuanttothisAgreementshallbecomethe
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,
ContractoragreesthatitwillnotdiscloseforanypurposeanyinformationContractorhasobtainedarising
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.
26.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearancesofimproprietyinrepresentationoftheCity. Intheeventofaconflictofinterest,Contractor
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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.
27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for thisorothermatters, intheCity’ssole discretion.
28.DataPracticesActCompliance.AnyandalldataprovidedtoContractor,receivedfromContractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreementshallbeadministeredinaccordancewith,andissubjectto therequirementsoftheMinnesota
GovernmentDataPracticesAct,MinnesotaStatutes,Chapter13. Contractoragreesto notifytheCitywithin
three business days if it receives a data request from a third party. This paragraphdoes notcreatea duty
onthepartofContractortoprovideaccessto publicdatatothepublicifthepublicdataareavailablefrom
theCity,exceptasrequiredbythetermsofthisAgreement. Theseobligations shall survive thetermination
or completion of this Agreement.
29.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreementonthe basis ofrace, color,sex,creed,nationalorigin,disability,age,sexualorientation, status
with regardto publicassistance,or religion. Violationof any part of this provisionmay 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,
MinnesotaStatutes,Chapter363A.Contractoragreesto holdharmlessandindemnifythe Cityfromcosts,
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.
AuthorizedAgents.The City’s authorizedagent for purposes of administrationof this contract is Al
Lundstrom, or designee. Contractor’s authorized agent for purposes of administrationof this contract is
Harlan Lehman,or designeewhoshallperformor supervisethe performanceofall Work.
30.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
Minnesota Wisconsin Playground
5101 Olson Memorial Hwy.
Golden Valley, MN 55427
harlan@mnwiplay.com
City of Golden Valley
7800 GoldenValleyRoad
Golden Valley, MN 55427
alundstrom@goldenvalleymn.gov
or suchothercontact information aseither partymayprovideto theother by notice given in accordance
with this provision.
31.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of anyother 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.
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32.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.
33.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.
34.Signatory.Eachpersonexecutingthis Agreement(“Signatory”)representsandwarrantsthatthey
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
35.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.
36.Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
INWITNESS WHEREOF,theCity and Contractor have caused this Independent ContractorAgreementto
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
CONTRACTOR:CITY OF GOLDEN VALLEY:
By:
Harlan Lehman, President
By:
Shepard M. Harris, Mayor
By:
Timothy J. Cruikshank, City Manager
8
48
EXHIBIT A
SCOPEOFWORK
1.Work; The Work shall include furnishing all labor, tools, and equipment to install 20 foot hexagon
steel sun shelter supplied by, Cedar Forest Products, including footings, and concrete pad with 2 foot drip
lineinaccordancewiththespecificationherein. TheCityshallprovide access to site, stake location, rough
grade for the location and remove project spoils.
2.City’s Project lead is Al Lundstrom, Parks Superintendent, 763-593-8046.
3.Location;The locationof the Work iswithin ScheidPark at1856 Toledo AvenueNorth.
4.Schedule;TheWork shallcommence on or before September 4,and completedby November1, 2023
5.General;
a. Any permits required are the contractor’s responsibility and need to be secured before work
begins
b. All potential contractors are recommended to visit the Scheid Park location
6. Concrete Pad;
a. Install four 30” diameter concrete footings at a minimum of 4 feet 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 pad
d. Concrete pad is 4 inches thick and 22 feet round including 2 foot dripline
e. Outside edge of concrete pad to extend at least 2 foot beyond roof dripline
f.Concrete shall be a minimum of 4000 psi with light broom finish
g. Cure and seal shall be applied to new concrete
h. One year warranty required on concrete pad for workmanship and materials
49
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/ormaterialsused 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 hockey dasher boards shall be in accordance with the plans and design
herein Exhibit C.
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 whichmay be interfered with by the Work prior to the Work. Contractor shall beresponsible for
verifying all utility locationby contactingGopher StateOne-Call (651.454.0002). Contractorshall also make such
investigations as are necessary to determine the extent to which existing structures may interfere with the
Work. Contractor shall notclaim or beentitled to receive compensation for any damagessustainedby reason of
the inaccuracyof the omission of anyof 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.
50
8.DOTCompliance.AllofContractor’sdriversperformingwork fortheCitymustbeincompliancewithDOT
requirementsrelated to holding a CommercialDriver’s License(CDL). Contractorshallbe responsible forensuring
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 with DOT 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 Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays.
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 ExhibitA, B, andC.
B. The most current editionof the MinnesotaManualon Uniform Traffic Control Devicesandits
supplements.
C. Division I,1512 (Unacceptable and unauthorizedwork) of theMinnesotaDepartmentof Highways
Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as
modified or supplemented herein.
D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of
Highways StandardSpecificationfor Construction,2018 Editionandits supplements, shallapply,
except as modified or supplemented herein.
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 beyond the controlof Contractor,or the quantitiesof the Work
done or to bedone are inexcess of the Contract quantities insufficient 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 settlementof costs incurred, except that it shallnot be necessary to give Contractorwrittenten (10) days’
notice for such forfeiture.
51
EXHIBIT C
PLANSANDDESIGN
Shelter Installation Plans and Design
52
53
54
55
[Remainderofpage leftblank intentionally.]
56
EXHIBIT D
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 increaseor decrease; and further
understands all quantitiesof work, whether increasedor decreased, are to be performed at the following unit
prices.
Description Units Price/Unit Bid Amount
ConstructionServicesto InstallSun Shelter LS $23,228 $23,228
Total Base Quote $23,228
Auger and install six 30” diam post holes x4’ deep.
Includes #5 rebar cage per typical detail, ie 6-#5 Verts w/#3 ties @12” oc.
Supply & install 4” compactable aggregate base under new concrete slab, 417 sqft.
Install new 4” concrete slab. 417 sqft total.
Outside edge of concrete to be 2’ beyond roof drip edge.
New Concrete to be min 4000 psi w/a light broom finish.
Includes application of a cure & seal.
Full assembly and construction of shelter above ground
Includes disposal
Does not include painting, stain, gutter, down spouts
Does not include restoration
Company Name Minnesota Wisconsin Playground Phone Number 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 6/21/2023
* Proposals are goodfor 60 days. TheCity of GoldenValleyreservesthe right torejectany andall proposals.
57
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3D. Adopt Resolution No. 23-069 Approving Ballot Language for Referendum on Local Sales Tax
Prepared By
Theresa Schyma, City Clerk
Summary
The City of Golden Valley has identified the need to relocate and reconstruct a new Public Works
facility and construct a new Public Safety facility on the current Public Works site with funding
proposed by the use of local option sales tax. The next step in this process is to approve ballot
language that will appear on the November 7, 2023 General Election ballot and will be voted on by
residents.
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. At the August 8 work session, the Council provided staff with
feedback and direction for the ballot titles, language, and numerical order of questions. By approving a
resolution at the August 15 regular meeting, the Council will ensure the City Clerk has adequate time
to provide the ballot language to the appropriate parties before the deadline.
Below are the questions that are included on the attached resolution for the 2023 Municipal Election
ballot.
City Question 1
Sales and Use Tax to Buy Land for Public Works
Shall the City of Golden Valley be authorized to impose a sales and use tax of one and one-quarter
percent (1.25%) for up to 30 years or until $15,000,000 plus an amount equal to interest and the costs
of the issuance of any bonds is raised to buy land for new public works buildings?
Public Works includes park, street, vehicle, and utilities maintenance. The total sales and use tax
approved by voters at this election to finance this project and any other project will not exceed one
and one-quarter percent (1.25%). The tax may only be imposed for the lesser of 30 years, or until
enough sales tax revenue has been raised to pay for the costs of the approved projects.
City Question 2
Sales and Use Tax for New Public Works Buildings
Shall the City of Golden Valley be authorized to impose a sales and use tax of one and one-quarter
58
percent (1.25%) for up to 30 years or until $45,000,000 plus an amount equal to interest and the costs
of the issuance of any bonds is raised to build new public works buildings?
Public Works includes park, street, vehicle, and utilities maintenance. The total sales and use tax
approved by voters at this election to finance this project and any other project will not exceed one
and one-quarter percent (1.25%). The tax may only be imposed for the lesser of 30 years, or until
enough sales tax revenue has been raised to pay for the costs of the approved projects.
City Question 3
Sales and Use Tax for New Police and Fire Headquarters
Shall the City of Golden Valley be authorized to impose a sales and use tax of one and one-quarter
percent (1.25%) for up to 30 years or until $45,000,000 plus an amount equal to interest and the costs
of the issuance of any bonds is raised to build a new Police and Fire Headquarters?
The total sales and use tax approved by voters at this election to finance this project and any other
project will not exceed one and one-quarter percent (1.25%). The tax may only be imposed for the
lesser of 30 years, or until enough sales tax revenue has been raised to pay for the costs of the
approved projects.
Legal Considerations
The City Clerk worked in coordination with an internal staff team, including the City Attorney, to
develop and review the draft ballot language. Various external parties were also contacted for input
regarding the ballot language including the City's bond attorney, the League of Minnesota Cities, and
non-partisan counsel at the House of Representatives. The draft questions meet the intent of the
legislation, which requires separate ballot questions for each project.
Equity Considerations
The City of Golden Valley worked to ensure as much plain, transparent, and concise language was
incorporated into the ballot questions as possible, while still meeting all legal requirements.
Recommended Action
Motion to adopt Resolution No. 23-069 approving ballot language for referendum on local sales tax
and authorizing an election thereon during the 2023 General Election on November 7.
Supporting Documents
Resolution No. 23-069 - Approving Ballot Language
Summary of legislative bill
59
RESOLUTION NO. 23-069
RESOLUTION APPROVING LOCAL SALES TAX QUESTIONS AND AUTHORIZING AN ELECTION
THEREON DURING THE 2023 GENERAL ELECTION
WHEREAS, Minnesota Statutes, Section 297A.99 (the “Local Tax Act”), provides the City
of Golden Valley (the “City”) with authority to impose a local sales tax if that tax is approved by
a legislative special law and by the voters at a general election; and
WHEREAS, the State Legislature approved the local sales tax pursuant to 2023 Minn.
Laws, Ch. 64, Art. 10, Sec. 37.
NOW, THEREFORE, BE IT RESOLVED,by the Golden Valley City Council that:
1. To facilitate strategic investment in the region and community, the City proposes to
submit to electors the proposal of imposing a local sales and use tax of one and one-
quarter percent (1.25%) (the “Sales Tax”) on items that are taxable by the State in order
to raise revenues to fund the relocation and reconstruction of a new Public Works
facility and construction of a new Public Safety facility on the current Public Works site.
2. The proposal of imposing the Sales Tax shall be submitted to the qualified electors of
the City as three separate ballot questions at the November 7, 2023 General Election.
3. The Sales Tax described herein is approved, subject to voter consent. The Sales Tax will
be used exclusively to fund the capital improvements identified in Section 1.
4. If any or all of the questions are approved by a majority of voters, the City of Golden
Valley is only authorized to impose a single one and one-quarter percent (1.25%) sales
and use tax increase. The Sales Tax may only be imposed for the lesser of 30 years, or
until enough sales tax revenue has been raised to pay for the costs of the approved
projects plus the cost of issuance of any bonds, including interest, in the amount of:
a. $15,000,000 for the purchase of land for a new public works facility;
b. $45,000,000 for construction of a new public works facility;
c. $45,000,000 for construction of a new public safety facility.
5. The City Clerk is hereby directed by the City Council to follow the notification and
election procedures applicable to placing the three local sales tax questions on the
ballot for the 2023 General Election in order to seek the approval of the proposed sales
tax by the voters of the City.
6. The City Clerk is hereby directed to notify the County Auditor of the ballot questions by
the deadline outlined in Minnesota Statutes, Section 205.16, Subdivision 4, and submit
the title and questions for inclusion on the November 7, 2023 General Election Ballot in
substantially the following form:
City Question 1
Sales and Use Tax to Buy Land for Public Works
Shall the City of Golden Valley be authorized to impose a sales and use tax of one and one-
quarter percent (1.25%) for up to 30 years or until $15,000,000 plus an amount equal to
interest and the costs of the issuance of any bonds is raised to buy land for new public works
buildings?
60
Public Works includes park, street, vehicle, and utilities maintenance. The total sales and use
tax approved by voters at this election to finance this project and any other project will not
exceed one and one-quarter percent (1.25%). The tax may only be imposed for the lesser of 30
years, or until enough sales tax revenue has been raised to pay for the costs of the approved
projects.
City Question 2
Sales and Use Tax for New Public Works Buildings
Shall the City of Golden Valley be authorized to impose a sales and use tax of one and one-
quarter percent (1.25%) for up to 30 years or until $45,000,000 plus an amount equal to
interest and the costs of the issuance of any bonds is raised to build new public works
buildings?
Public Works includes park, street, vehicle, and utilities maintenance. The total sales and use
tax approved by voters at this election to finance this project and any other project will not
exceed one and one-quarter percent (1.25%). The tax may only be imposed for the lesser of 30
years, or until enough sales tax revenue has been raised to pay for the costs of the approved
projects.
City Question 3
Sales and Use Tax for New Police and Fire Headquarters
Shall the City of Golden Valley be authorized to impose a sales and use tax of one and one-
quarter percent (1.25%) for up to 30 years or until $45,000,000 plus an amount equal to
interest and the costs of the issuance of any bonds is raised to build a new Police and Fire
Headquarters?
The total sales and use tax approved by voters at this election to finance this project and any
other project will not exceed one and one-quarter percent (1.25%). The tax may only be
imposed for the lesser of 30 years, or until enough sales tax revenue has been raised to pay for
the costs of the approved projects.
Adopted by the City Council of Golden Valley, Minnesota this 15th day of August 2023.
Shepard M. Harris, Mayor
ATTEST:
____________________________
Theresa J. Schyma, City Clerk
61
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.
62
EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Work Session
August 15, 2023
Agenda Item
3E. Approve Summary of Conclusion Regarding City Manager Performance Closed Evaluation from
Executive Session on August 8, 2023
Prepared By
Kirsten Santelices, Deputy City Manager/Human Resources Director
Summary
On Tuesday, August 8, 2023 the City Council held a closed executive session to complete the City
Manager's annual performance evaluation.
Financial or Budget Considerations
Per the City Manager’s agreement, effective September 9, 2023, the City Manager’s compensation will
increase to Step 7 ($93.86/hour) of the Compensation and Classification grid. The City Manager
receives step increases and cost of living adjustments (COLA) consistent with employees across the
City.
Legal Considerations
The meeting was closed pursuant to MN Statute 13D.05 Subd 2(b).
Equity Considerations
The City Manager's performance is reviewed annually just as the performance of all City employees.
An infrastructure supporting equity and inclusion is one of the key pillars of the City's equity plan. The
City Manager's role and responsibilities include supporting this infrastructure.
Recommended Action
Motion to approve summary.
63
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3F. Adopt Resolution 23-070, Approval of Plat for Niewalk Lyons Addition
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the October 6, 2022, City Council meeting, the Council held a public hearing to consider the
preliminary plat for a lot consolidation at 4501 Merribee Drive. The Council approved the preliminary
plat and the final plat has now been prepared for consideration. City staff have reviewed the
document and find it to be consistent with the approved preliminary plat and the requirements of the
City Code.
Legal Considerations
Following approval of a preliminary plat, the Council shall grant approval of the final plat, refer the
final plat to the Planning Commission for additional study, or disapprove the final plat stating the
reasons for such action. Action to approve the plat shall be by resolution of the Council and shall be
taken if the applicant has complied with all the conditions, requirements, and provisions of City Code.
Equity Considerations
Equity Review was not needed as this item falls under the general course of business for the Planning
Division.
Recommended Action
Motion to Adopt Resolution 23-070, Approval of Plat for Niewalk Lyons Addition.
Supporting Documents
NIEWALK LYONS ADDITION - Final Plat
Resolution 23-070 - Approval of Plat - Niewalk Lyons Addition
64
65
RESOLUTION NO. 23-070
RESOLUTION FOR APPROVAL OF PLAT
NIEWALK LYONS ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as NIEWALK
LYONS ADDITION covering the following described tracts of land:
Lot 1, Block 1, NIEWALK LYONS ADDITION, Hennepin County, Minnesota
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 15thday of August, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
66
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
3G. Adopt Resolution No. 23-071, Approval of Plat for Fretham 30th Addition
Prepared By
Myles Campbell, Planner
Summary
At the July 5, 2023, City Council meeting, the Council held a public hearing on the preliminary plat for
the minor subdivision of the Fretham 30th Addition (5317 Glenwood Avenue S). After the hearing, the
Council approved the preliminary plat which will allow two lots to be created, along with a subdivision
variance regarding lot widths. The final plat has now been presented to the City. Staff has reviewed
the final plat and finds it consistent with the approved preliminary plat and the requirements of City
Code.
Financial or Budget Considerations
A park dedication fee of $5,415 will be collected prior to release of the plat.
Legal Considerations
Following approval of a preliminary plat, the Council shall grant approval of the final plat, refer the
final plat to the Planning Commission for additional study, or disapprove the final plat stating the
reasons for such action. Action to approve the plat shall be by resolution of the Council and shall be
taken if the applicant has complied with all the conditions, requirements, and provisions of City Code.
Equity Considerations
Equity Review was not needed as this item falls under the general course of business for the Planning
Division.
Recommended Action
Motion to Adopt Resolution No. 23-071, Approval of Plat for Fretham 30th Addition.
Supporting Documents
FRETHAM 30TH ADD. (Final Plat 07-26-2023)
Resolution No. 23-071, Approval of Plat for Fretham 30th Addition
67
68
RESOLUTION NO. 23-071
RESOLUTION FOR APPROVAL OF PLAT
FRETHAM 30th ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as FRETHAM
30th ADDITION covering the following described tracts of land:
Lot 22, Block 4, SPRING GREEN, Hennepin County, Minnesota
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 15thday of August, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
69
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
4A. Approve Easement Vacation for Luther Auto Group at 8855 Wayzata Boulevard
Prepared By
RJ Kakach, PE, Assistant City Engineer
Summary
Earlier this year the Luther Company pursued modifications to its existing PUD in the southwest corner
of the city in order to add a new Genesis dealership building between the existing Toyota and
Jaguar/Land Rover dealership buildings. In addition, Luther also sought to build a new parking
structure in the northeast corner of the property, helping to offset the loss of surface parking with the
new dealership and to create additional spaces for inventory storage. An existing drainage and utility
easement on the shared property line between Toyota and Jaguar/Land Rover protrudes into the
proposed Genesis building footprint. A request was made by Luther to vacate this portion of
easement. No public utilities are present within this easement.
A notice of public hearing regarding the proposed easement vacations was published and posted.
Affected properties were also notified as part of the vacation process - the affected properties being
Toyota and Jaguar/Land Rover. Staff sent a letter to all private utility companies requesting their
review and comment, and there have been no objections to these easement vacations. Since the
easements are not adjacent to a public water, notice to the Commissioner of Natural Resources is not
required. The vacations will be recorded by Community Development Administrative staff with the
County upon approval.
Financial or Budget Considerations
NA
Legal Considerations
The vacation process is consistent with Minnesota State Statute and is being reviewed by the City
attorney to ensure accuracy and consistency.
Equity Considerations
NA
Recommended Action
Motion to continue the public hearing and to table the consideration of Resolution No. 23-072
Vacating a Portion of Platted Drainage and Utility Easement RLT 2nd Addition (Lot 2, Block 1) until the
70
September 5, 2023 City Council Meeting.
Supporting Documents
Resolution 23-072 Vacate Platted Drainage_Utility Easement Luther
Luther Easement Vacation Exhibit
71
Resolution # 23-072 August
15, 2023
RESOLUTION VACATING PORTION OF PLATTED DRAINAGE AND UTILITY
EASEMENT RLT 2ND ADDITION (LOT 2, BLOCK 1)
WHEREAS, The Luther Company has modified its existing PUD in the southwest
corner of the City;
WHEREAS,The existing drainage and utility easement conflicts with the approved
Genesis dealership building footprint;
WHEREAS, a portion of the existing platted drainage and utility easement
associated with the RLT 2nd Addition is no longer required in this area;
WHEREAS, a public hearing to consider the vacation of such easement was held on
August 15, 2023 before the City Council in the City Hall located at 7800 Golden Valley
Road, Golden Valley, MN at 6:30 p.m. after due published and posted notice had been
given, as well as notice to all affected property owners. All interested and affected persons
were given an opportunity to voice their concerns and be heard; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
1. The vacation is hereby granted and the easement described as follows is hereby
vacated:
Lot 2, Block 1, RLT 2nd Addition
That part of the drainage and utility easement as dedicated on recorded plat of RLT
SECOND ADDITION, Hennepin County, Minnesota, described as follows, to-wit: The East
6.00 feet of Lot 1 and the West 6.00 feet of Lot 2, all in Block 1, said RLT SECOND
ADDITION, excepting the north 50.00 feet thereof and excepting the south 10.00 feet
thereof.
Adopted by the City Council of Golden Valley, Minnesota this 15
th day of August, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
72
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467.36N3°40'22"E32.03 N21°17'45"E
492.07 N88°49'26"W
455.90 N88°49'26"W 2 1 6 .3 N 8 0 °2 5 '2 6 "E487.82 S1°9'57"W300Wayzata Blvd
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Easement to be Vacated
Portion of Drainage and Utility Easement
73
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
August 15, 2023
Agenda Item
4B. Adopt Resolutions No. 23-073 and No. 23-074 Approving Easement Vacations for Meadowbrook
School at 5430 Glenwood Avenue.
Prepared By
RJ Kakach, PE, Assistant City Engineer
Summary
In 2022, Hopkins School District proposed to expand the existing Planned Unit Development (PUD)
consisting of Meadowbrook Elementary and the Davis Community Center to include 5300 Glenwood
and fully incorporate it into the campus. In addition to 5300 Glenwood, the expansion of the PUD
would also include land along Highway 100, along Glenwood Avenue, and near the exit ramp from
Highway 100 onto Glenwood. This excess right-of-way is not needed by MnDOT, Hennepin County, or
the City and would help to ensure all school uses (such as the running track) are located on school
grounds. The City supports transferring responsibility for some existing infrastructure to the school as
part of this arrangement.
As part of this project, the parking lot at 5300 has been improved to provide a more direct circulation
pattern and better capture and treat stormwater runoff. New lighting and landscaping around the
parking lot were also provided. The existing narrow drive that connects the two properties has been
widened and improved to create a direct route for queueing vehicles. The northeast corner of the
existing east Meadowbrook lot has also been expanded slightly in order to recapture some of the
parking stalls lost during this realignment.
The incorporation of 5300 Glenwood would provide space for school district special education and
virtual learning programs.
The project will also involve a replat of the whole site, therefore the existing platted drainage and
utility easements as well as the portion of Parcel 306B can be vacated.
A notice of public hearing regarding the proposed easement vacations was published and posted.
Affected properties were also notified as part of the vacation process. Staff sent a letter to all private
utility companies requesting their review and comment, and there have been no objections to these
easement vacations. Since the easements are not adjacent to a public water, notice to the
Commissioner of Natural Resources is not required. The vacations will be recorded by Community
Development administrative staff with the County upon approval.
74
Financial or Budget Considerations
N/A
Legal Considerations
The vacation process is consistent with Minnesota State Statute. Resolutions will be reviewed by the
City Attorney by the September 5, 2023 City Council Session.
Equity Considerations
NA
Recommended Action
Motion to continue the public hearing and to table the consideration of Resolution No. 23-073
Vacating Platted Drainage and Utility Easement Meadowbrook School 3rd Addition PUD No. 90
until the September 5, 2023 City Council Session.
Motion to continue the public hearing and to table the consideration of Resolution No. 23-074
Vacating The Easement to the Extent Affecting the Land Described as Part of Parcel 306B In Quit
Claim Deed Dated November 12, 2014 until the September 5, 2023 City Council Session.
Supporting Documents
Meadowbrook Easement Vacation Exhibit
Resolution 23-073 Vacating Platted Drainage_Utility Easement Meadowbrook 3rd Addn.doc
Resolution 23-074 Vacating Parcel 306B Meadowbrook.doc
75
Meadowbrook SchoolEasement Vacations
Sources: Print Date: 7/17/2023-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.I99999999999986.87N O T T A N G E N T R=1884.08265.08 N53°12'40"E230.64/\=7°00'50"D
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76
Resolution # 23-073 August
15, 2023
RESOLUTION VACATING PLATTED DRAINAGE AND UTILITY EASEMENT
MEADOWBROOK SCHOOL 3RD ADDITION (LOTS 1 AND 2, BLOCK 1)
WHEREAS, Hopkins School District proposed to expand the existing Planned Unit
Development (PUD) consisting of Meadowbrook Elementary and the Davis Community
Center to include 5300 Glenwood and fully incorporate it into the campus;
WHEREAS, this action will require a new plat for the entire Meadowbrook campus;
WHEREAS, the existing platted drainage and utility easement associated with the
Meadowbrook School 3rd Addition is no longer required upon approval of the new plat for
the Meadowbrook campus;
WHEREAS, a public hearing to consider the vacation of such easement was held on
August 15, 2023 before the City Council in the City Hall located at 7800 Golden Valley
Road, Golden Valley, MN at 6:30 p.m. after due published and posted notice had been
given, as well as notice to all affected property owners. All interested and affected persons
were given an opportunity to voice their concerns and be heard; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
1. The vacation is hereby granted and the easement described as follows is hereby
vacated:
All dedicated drainage and utility easements within Lots 1 and 2, Block 1,
MEADOWBROOK SCHOOL 3RD ADDITION, according to the recorded plat thereof,
Hennepin County, Minnesota.
Adopted by the City Council of Golden Valley, Minnesota this 15
th day of August, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
77
Resolution # 23-074 August
15, 2023
RESOLUTION VACATING EASMENT TO THE EXTENT AFFECTING LAND DESCRIBED
AS PART OF PARCEL 306B IN QUIT CLAIM DEED DATED NOVEMBER 12, 2014
WHEREAS, Hopkins School District proposed to expand the existing Planned Unit
Development (PUD) consisting of Meadowbrook Elementary and the Davis Community
Center to include 5300 Glenwood Avenue and fully incorporate it into the campus;
WHEREAS, this action will require a new plat for the entire Meadowbrook campus;
WHEREAS, the existing parcel that was quit claim deeded to the City from MNDOT
over the driveway to the 5300 Glenwood Avenue property is no longer required upon
approval of the new plat for the Meadowbrook campus;
WHEREAS, a public hearing to consider the vacation of such easement was held on
August 15, 2023 before the City Council in the City Hall located at 7800 Golden Valley
Road, Golden Valley, MN at 6:30 p.m. after due published and posted notice had been
given, as well as notice to all affected property owners. All interested and affected persons
were given an opportunity to voice their concerns and be heard; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
1. The vacation is hereby granted and the easement described as follows is hereby
vacated:
Part of Parcel 306B C.S. 2735 (100=130-23)
That part of Tract A described below:
Tract A. That part of the Southwest Quarter of the Southwest Quarter of Section
19, Township 29 North, Range 24 West, Hennepin County, Minnesota, described as
follows: Beginning at the intersection of the center line of County Road No. 40 (as located
and established prior to January 1, 1965) with a line drawn parallel to and 647.84 feet east
(measured at right angles) from the east line of the Southeast Quarter of Section 33,
Township 118 North, Range 21 West; thence north along said parallel line to a point
252.96 feet north of the south line of said Section 19; thence deflecting to the right 100
degrees 27 minutes a distance of 102.5 feet along a line hereinafter referred to as Line A;
thence deflecting to the left 57 degrees 55 minutes a distance of 162.2 feet to the
southwesterly line of Trunk Highway No. 100 (as located and established prior to January
1,
1965); thence southeasterly along said southwesterly line to its intersection with Line A;
thence westerly along Line A to a point thereon 302.5 feet (measured along Line A)
easterly from the afore described parallel line; thence deflecting to the left 99 degrees 37
minutes to the center line of said County Road No. 40; thence westerly along said center
78
line to the point of beginning; the title thereto being registered; which lies northerly of Line 1
described below and its easterly extension, northeasterly of Line 2 described below and its
southeasterly extension, and southwesterly of Line 3 described below:
Line 1. From a point on the south line of said Section 19, distant 1399.8 feet east
of the southwest corner thereof, run northwesterly at an angle of 41 degrees 44 minutes
from said south section line (measured from west to north) for 471.6 feet; thence deflect to
the left at an angle of 90 degrees 00 minutes for 235 feet to the point of beginning of Line 1
to be described; thence westerly to the point of intersection of the northeasterly right of
way line of said County Road 40 (also known as Glenwood Avenue) witha line run parallel
with and distant 370 feet east of the west line of said Section 19 and there terminating;
Line 2. From a point on the south line of said Section 19, distant 1399.8 feet east
of the southwest corner thereof, run northwesterly at an angle of 41 degrees 44 minutes
from said south section line (measured from west to north) for 681.6 feet; thence deflect to
the left at an angle of 90 degrees 00 minutes for 145 feet to the point of beginning of Line 2
to be described; thence southeasterly to the point of beginning of Line 1 described above
and there terminating;
Line 3. Commencing at Right of Way Boundary Corner B10326 as shown on Minnesota
Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of
record in the office of the Registrar of Titles and office of the County Recorder in and for
said County; thence southwesterly on an azimuth of 234 degrees 28 minutes 45 seconds
along the boundary of said plat for 280.56 feet to Right of Way Boundary Corner B10301
and the point of beginning of Line 3 to be described; thence on an azimuth of 142 degrees
35 minutes 49 seconds for 212.20 feet; thence deflect to the right on a tangential curve,
having a radius of 55.00 feet and a delta angle of 59 degrees 23 minutes 11 seconds for
57.01 feet and there terminating;
excepting therefrom highway existing prior to January 1, 1965.
Adopted by the City Council of Golden Valley, Minnesota this 15
th day of August, 2023.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
79
Review of Council Calendar
Event Event Time Location
AUGUST
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
Tuesday, September 19
Special City Council Meeting
(Commissioner Interviews) (tentative)TBD Hybrid - Council Conference Room
HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, September 24
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, September 28
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley Room
OCTOBER
Sunday, October 1
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, October 3
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, October 8
Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus
Tuesday, October 10
Council Work Session 6:30 PM Hybrid - Council Conference Room
80