09-03-24 City Council Agenda September 3, 2024 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Proclamation Recognizing September 14, 2024 as Golden Valley Historical Society Day
1D.Proclamation Recognizing National Police Woman Day - September 12, 2024
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of City Check Registers
3B.Bids, Quotes, and Contracts:
3B.1.Approve Agreement for Mighty Tidy Day Waste Collection with Republic Services
3B.2.Zane Avenue & Lindsay Street (Proj. No. 23-02) - Revised Public Highway At-Grade Crossing
Agreement
3C.Adopt Resolution No. 24-052 Appointing Representative and Alternate to the LOGIS Board
of Directors
3D.Adopt Resolution No. 24-053 Approving Adopted MN POST Board Required Agency Policies
("Model Policies")
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 2633 592
5501 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 2633 592 5501 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting September 3, 2024 — 6:30 PM
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4.Public Hearing
4A.Public Hearing Regarding a Request for Approval of a Planned Unit Development (PUD)
Major Amendment for Bassett Creek Medical Center at 5851 Duluth Street, Ordinance No.
785
5.Old Business - None.
6.New Business
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 September 3, 2024 — 6:30 PM
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EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
1C. Proclamation Recognizing September 14, 2024 as Golden Valley Historical Society Day
Prepared By
Noah Schuchman, City Manager
Summary
The Golden Valley Historical Society has planned a Golden Jubilee Community Celebration and Open
House on Saturday, September 14, 2024 to commemorate fifty years of uncovering, preserving, and
sharing our community's vibrant past. The celebration of this milestone will feature community
businesses, cultural and education organizations, and service groups. The City Council urges residents
to join in the celebration so they can extend sincere congratulations and gratitude to the Golden
Valley Historical Society for providing a much-needed service to our community.
Lin Nelson-Mayson, Vice President of the Golden Valley Historical Society, will be in attendance to
accept the proclamation.
Legal Considerations
This item did not require legal review.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to adopt a proclamation recognizing September 14, 2024 as Golden Valley Historical Society
Day in Golden Valley in commemoration of fifty years of service to the community.
Supporting Documents
Proclamation - Recognizing September 14, 2024 as Golden Valley Historical Society Day
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CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING GOLDEN VALLEY HISTORICAL SOCIETY DAY
SEPTEMBER 14, 2024
WHEREAS,in 1974 the Golden Valley Historical Society was organized to find, preserve,
and disseminate historical knowledge about the Village/City of Golden Valley, Minnesota; and
WHEREAS,in pursuit of this mission, the Golden Valley Historical Society collects oral
histories, photographs, video histories, and three-dimensional objects; and
WHEREAS,in 1997, the Golden Valley Historical Society acquired the City's oldest church
as a permanent home and collections repository; and
WHEREAS,the historic church is the site for an annual series of free speakers and
presentations on Golden Valley history and a popular location for weddings and other
ceremonies; and
WHEREAS,in 2014 the Golden Valley Historical Society opened a new addition that
features stories about the city's heritage in "No Place Like Home", an award-winning exhibition
that explores the city through the themes of community, human rights, home, economy, and
power; and
WHEREAS,the Golden Valley Historical Society has planned a Golden Jubilee
Community Celebration and Open House on Saturday, September 14, 2024 to commemorate
fifty years of uncovering, preserving, and sharing our community's vibrant past.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley
does hereby proclaim Saturday, September 14, 2024 as Golden Valley Historical Society Day in
the City of Golden Valley and urges Golden Valley residents to join the City Council in extending
sincere congratulations and gratitude to the Golden Valley Historical Society for providing a
much-needed service to our community.
IN WITNESS WHEREOF,that I, Mayor Roslyn Harmon, proudly certify this proclamation
with my signature and the seal of the City of Golden Valley on September 3, 2024.
___________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
1D. Proclamation Recognizing National Police Woman Day - September 12, 2024
Prepared By
Brittany Froberg, Police Support Services Supervisor
Virgil Green, Police Chief
Summary
National Police Woman Day is observed on September 12, 2024. This annual observance pays special
recognition to women law enforcement officers who serve and protect the community with courage,
dedication, and dignity.
The women officers of the Golden Valley Police Department have chosen the profession of law
enforcement and have made the decision to safeguard the rights and freedoms of all members of the
community. For this reason, we publicly salute the service of women law enforcement officers in
Golden Valley and communities across the nation.
Financial or Budget Considerations
NA
Legal Considerations
NA
Equity Considerations
Women account for a small but growing percentage of police officers. The national average for sworn
women police officers is approximately 13%, up from just 3% in the 1970s.
The encouraging momentum toward creating a more balanced public safety force is fueled in part by a
growing appreciation of certain unique and valuable professional qualities that women often bring to
law enforcement. Such qualities are believed to enhance the ability of law enforcement agencies to
make a positive impact on the communities they serve. Women officers will continue to find their path
in this male dominated field as the culture of policing opens more opportunities for women in
policing.
Recommended Action
Motion to adopt Proclamation Recognizing National Police Woman Day - September 12, 2024.
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Supporting Documents
Proclamation Police Woman Day
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CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING NATIONAL POLICE WOMAN DAY
SEPTEMBER 12, 2024
WHEREAS,National Police Woman Day is celebrated each year on September 12th. The
day acknowledges and celebrates the contribution of women police officers; and
WHEREAS,the women police officers of the Golden Valley Police Department play an
essential role in safeguarding the rights and freedoms of all members of the community; and
WHEREAS,it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of
our law enforcement agency recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence and disorder, and by protecting the innocent
against deception and the weak against oppression; and
WHEREAS,we salute all the women police officers who serve our Golden Valley Police
Department and wish a happy National Police Woman Day to all the women who selflessly
serve our citizens of Golden Valley.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley
does hereby proclaim September 12, 2024, as National Police Women Day in the City of Golden
Valley. We call upon all citizens to join in commemorating our women police officers, past and
present, who, by their faithful and loyal devotion to their responsibilities, have rendered a
dedicated service to their communities and have established for themselves an enviable and
enduring reputation for preserving the rights and security of all citizens. The Golden Valley City
Council publicly salutes the service of women law enforcement officers in our community and
in communities across the nation.
IN WITNESS WHEREOF,that I, Roslyn Harmon, Mayor of the City of Golden Valley have
hereunto set my hand and caused the seal of the City to be affixed this 3rd day of September,
2024.
___________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
3A. Approval of City Check Registers
Prepared By
Jennifer Hoffman, Accounting Manager
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Document is located on city website at the following location:
http://weblink-int/WebLink/Browse.aspx?id=1037405&dbid=0&repo=GoldenValley
The check register(s) for approval:
08-21-2024 Check Register
08-28-2024 Check Register
Financial or Budget Considerations
The check register is attached with the financing sources at the front of the document. Each check has
a program code(s) where it was charged.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
3B.1. Approve Agreement for Mighty Tidy Day Waste Collection with Republic Services
Prepared By
Tim Kieffer, Public Works Director
Summary
Republic Services is under contract with the City to provide services for curbside recycling and Mighty
Tidy Day. Staff requested a quote from Republic Services to provide general refuse collection and
disposal at Mighty Tidy Day.
Mighty Tidy Day provides residents an opportunity to dispose of unused or no longer needed items in
a responsible manner. Additionally, providing a convenient option for disposal helps reduce illegal
dumping along city streets, creeks, parks, and open spaces.
Mighty Tidy Day is promoted using the City Newsletter, website, and postcards to inform residents.
Financial or Budget Considerations
The estimated cost to provide refuse collection and disposal is $18,267.50. The Recycling operating
budget (7001.6340) has $17,700 dedicated for Mighty Tidy Day. Additional funding comes from fees
collected at the event.
Legal Considerations
The City Attorney has reviewed and approved the contract.
Equity Considerations
The agreement satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services.
Reliable refuse disposal service is essential for public health, safety, and the economic vitality of a
community.
Recommended Action
Motion to approve the Mayor and City Manager to execute the Agreement for Mighty Tidy Day Waste
Collection with Republic Services in the form approved by the City Attorney.
Supporting Documents
Agreement for Mighty Tidy Day Waste Collection
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Classified as Confidential-External
AGREEMENT FOR MIGHTY TIDY DAY
WASTE COLLECTION
This Agreement for Waste Collection Services (“Agreement”) is made and entered into
this 3rd day of September 2024, (the “Date of Execution”) by and between the City of Golden
Valley, a municipal corporation (the “City”), and Allied Waste Services of North America, LLC
d/b/a Republic Services of the Twin Cities - Eden Prairie (“Contractor”).
W I T N E S S E T H:
WHEREAS, Contractor is skilled and experienced in the collection and efficient disposition
of certain Waste Products as defined in section 20 of this Agreement; and
WHEREAS, each year the City provides its residents a monitored site to dispose of items
that they no longer use and that cannot be donated at an event known as Mighty Tidy Day
(“Mighty Tidy Day” or the “Event”); and
WHEREAS, the City has selected Contractor to collect, identify, haul, or otherwise dispose
of certain Waste Products at Mighty Tidy Day and Contractor wishes to provide such services at
Mighty Tidy Day.
THEREFORE, the parties agree as follows:
1.Services.Contractor shall exclusively provide those services outlined in the
attached Exhibit A (the “Services”) at Mighty Tidy Day event at 101 Brookview Parkway North,
Golden Valley, MN 55427on October 12, 2024,from 8:00 AM to 1:00 PM. Contractor may charge
members of the public according to the prices listed in Exhibit A.
2.Collection Procedures. Contractor will provide a collection container or vehicle
and personnel to run the collection of Waste Products at the Event. Contractor’s collection
vehicle and staff shall arrive at least 30 minutes prior to the Event.
3.Contractor’s Fee. The City shall, within 30 days of the Event, pay Contractor the
amount set forth in the attached Exhibit A (the “Contract Price”) in exchange for Contractor
providing the service described herein. All unpaid invoices shall carry interest at a rate of 1.5%
per month or, if lower, the maximum rate permitted by applicable state law, until the balance is
paid in full.
4.Disposition of Waste Products. Contractor shall be solely responsible for the
storage and disposition of collected Waste Products and shall remove all Waste Products it
collects from the site no later than 2:00 PM on the day of the event. If Contractor knowingly
collects materials banned from disposal in municipal solid waste by the State of Minnesota,
Contractor shall be solely responsible for recycling or disposal of items as required by the State
of Minnesota at Contractor’s sole cost. All Waste Products handled by Contractor shall become
the responsibility and property of Contractor. Title to Waste Material shall pass to Contractor
when loaded into Contractor’s collection vehicle or otherwise received by Contractor. Title to
and liability for any Excluded Waste shall at no time pass to Contractor.
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5.Reporting.Contractor shall, within 30 days of the Event, report to the City the
weight of Waste Products collected by Contractor at the Event.
6.Insurance.Contractor, at its expense, shall procure and maintain in force for the
duration of this Agreement, the following minimum insurance coverages:
a.Comprehensive General Liability.Contractor agrees to maintain commercial
general liability insurance in a minimum amount of $500,000 per occurrence; $1,000,000 annual
aggregate. The policy shall cover liability arising from premises, operations, products-completed
operations, personal injury, advertising injury, and contractually assumed liability. The City, its
officers, officials, employees, agents and volunteers shall be named as additional insured.
b.Automobile Liability.Contractor shall maintain commercial automobile liability
insurance, including owned, hired, and non-owned automobiles, with a minimum combined
single limit of $2,000,000 per occurrence.
c.Workers’ Compensation and Employer’s Liability.Contractor agrees to provide
workers’ compensation insurance for all of its employees in accordance with the statutory
requirements of the State of Minnesota.
Within 10 days of the Effective Date of this Agreement and thereafter upon request, Contractor
shall provide a certificate of insurance as proof that the above coverages are in full force and
effect. Contractor’s policies shall be primary and non-contributory to any other valid and
collectible insurance available to the City with respect to any claim arising out of Contractor’s
performance under this Agreement. Contractor’s general liability and auto liability policies and
certificate of insurance shall be supplemented by blanket-form notice to others endorsements
that will provide the City with thirty (30) day written notice in the event of cancellation, non-
renewal or material change. Any failure to comply with reporting provisions of the policy shall
not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
7.Indemnification and Hold Harmless. To the fullest extent allowed by Minnesota
law, Contractor shall defend, indemnify and hold harmless the City, its elected officials, officers,
employees, agents and volunteers from any and all liability, claims, demands, suits, penalties,
and costs of any kind whatsoever, to the extent arising out of Contractor’s misconduct, negligent
acts or omissions or breach of this Agreement. Defense of any action or proceeding shall be at
the expense of Contractor by counsel reasonably satisfactory to the City. Notwithstanding
anything to the contrary set forth in this Agreement, Contractor shall have no obligation to
indemnify, defend or hold harmless City, for any such liability or claim to the extent resulting
from the negligence or, willful misconduct by City. The provisions of this paragraph shall survive
the expiration or termination of this Agreement.
8.Taxes. Contractor agrees to save the City harmless from any and all taxes,
penalties, fees, or assessments of any kind or nature levied by any political subdivision upon
Contractor by reason of services rendered for disposal under this Agreement.
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9.Employee Conduct. All Contractor personnel shall maintain a courteous and
respectful attitude toward the public at all times. At no time may they solicit, request, or receive
gratuities of any kind. Contractor must direct its employees to avoid loud and profane language
at all times during the performance of duties. Contractor shall remove from service any of its
employees who engage in misconduct, are incompetent or negligent in the proper performance
of duties, or who are disorderly, dishonest, intoxicated, or discourteous.
10.Compliance with Laws and Regulations. Contractor agrees that, in performance
of work and services under this contract, Contractor shall qualify under and comply with any and
all applicable federal, State and local laws and regulations now in effect, or hereafter enacted
during the Term, which are applicable to Contractor, its employees, agents or subcontractors, if
any, with respect to the work and services described herein.
11.Termination and Breach. If either party breaches any material provision of this
Agreement and such breach is not substantially cured within thirty (30) days after receipt of
written notice from the non-breaching party specifying such breach in reasonable detail, the non-
breaching party may terminate this Agreement by giving 30 days written notice of termination
to the breaching party. However, if the breach cannot be substantially cured within thirty (30)
days, the Agreement may not be terminated if a cure is commenced within the cure period and
for as long thereafter as a cure is diligently pursued. Upon termination, the City shall pay
Contractor only such charges and fees for the Services performed on or before the termination
effective date and Contractor shall collect its equipment, and Contractor shall have no further
obligation to perform any Services under this Agreement.
12.Severability. Should one or more of the provisions of this Agreement be held by
any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain
and continue in full force and effect.
13.Independent Contractor Status. In the performance of services pursuant to this
Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or
employee of the City. Contractor shall have exclusive control over the details of the service and
work performed and over all persons performing such service and work. Contractor shall be
solely responsible for the acts and omissions of its officers, agents, employees, contractors and
subcontractors, if any. Contractor shall further be responsible for the compensation and benefits
of its employees and for payment of all federal, state, and local taxes payable with respect to any
amounts paid to Contractor under this Agreement.
14.No Assignment. This Agreement, or any interest herein, shall not be transferred,
sold, nor assigned by either party to any person, firm, or corporation, without the prior written
consent of the other party, which consent shall not be unreasonably withheld, delayed or
conditioned; provided, however, that a party may assign this Agreement, without consent, to its
affiliate or in connection with the sale of its business.
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15.Nondiscrimination. In the hiring of employees to perform work under this
Agreement, Contractor shall not discriminate against any person by reason of any characteristic
or classification protected by state or federal law.
16.Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Minnesota. All proceedings related to this Agreement
shall be venued in Hennepin County, Minnesota.
17.Access to Records and Data. Subject to advance reasonable written notice,
Contractor shall provide access to the City and its agents and auditors, to review collection and
customer service records related to payment received by Contractor in relation to this
Agreement.
18.Government Data/Privacy. Contractor agrees to abide by the applicable
provisions of the Minnesota Government Data Practices Act (Minn. Stat., Ch. 13) and all other
applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality.
Contractor understands that all of the data created, collected, received, stored, used,
maintained, or disseminated by Contractor in performing those functions that the City would
perform is subject to the requirements of Chapter 13, and Contractor must comply with those
requirements as if it were a government entity. This does not create a duty on the part of the
Contractor to provide the public with access to public data if the public data is available from the
City, except as required by the terms of this Agreement. Notwithstanding, Contractor shall notify
the City within 3 business days of any requests for data it receives from the public and shall not
respond to such requests without first conferring with the City.
19.Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and no other agreement prior to this agreement or contemporaneous herewith shall be
effective. Any purported amendment shall not be effective unless it shall be set forth in writing
and executed by both Parties. In the event of a conflict between the terms of this Agreement and
Exhibit A, this Agreement shall control.
20.Definitions:
Excluded Waste.Excluded Waste means: (1) Hazardous Waste; (2) radioactive, volatile,
corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as
defined by Applicable Law; or (3) any otherwise regulated waste.
Hazardous Waste.Hazardous waste includes, but is not limited to, any amount of waste listed or
characterized as hazardous by the United States Environmental Protection Agency or any state
agency pursuant to RCRA, and including future amendments thereto, and any other Applicable
Law.
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Solid Waste.Solid Waste is any nonhazardous solid waste generated at City’s Locations that is
not excluded by the provisions of this Agreement. Solid Waste shall not include any Excluded
Waste.
Waste Products.Waste Products is all Solid Waste that are not excluded by this Agreement.
Waste Material does not include any Excluded Waste.
Applicable Law. Applicable Law means any applicable law (whether statutory or common),
including statutes, ordinances, regulations, rules, governmental orders, governmental decrees,
judicial judgments, constitutional provisions, and requirements of any kind and nature
promulgated or issued by any governmental authority claiming or having jurisdiction.
21.Right to Refuse or Reject Excluded Waste.If Excluded Waste is discovered before
it is collected by Contractor, Contractor may refuse to collect the entire Waste Container that
contains the Excluded Waste. In such situations, Contractor shall contact the City and the City
shall promptly undertake appropriate action to ensure that such Excluded Waste is removed and
properly disposed of by the depositor or generator of the Excluded Waste. In the event Excluded
Waste is present but not discovered until after it has been collected by Contractor, Contractor
may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a facility
authorized to accept such Excluded Waste in accordance with Applicable Law and charge the
depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to
the removal, remediation, handling, transportation, delivery, and disposal of such Excluded
Waste. The City shall provide all reasonable assistance to Contractor to conduct an investigation
to determine the identity of the depositor or generator of the Excluded Waste and to collect the
costs incurred by Contractor in connection with such Excluded Waste. Subject to the City’s
providing all such reasonable assistance to Contractor, Contractor shall release City from any
liability for any such costs incurred by Contractor in connection with such Excluded Waste, except
to the extent that such Excluded Waste is determined to be attributed to the City.
22.Force Majeure. Except for City’s obligation to pay amounts due to Contractor,
any failure or delay in performance under this Agreement due to contingencies beyond a party’s
reasonable control, including, but not limited to, strikes, riots, terrorist acts, compliance with
Applicable Laws or governmental orders, fires, bad weather and acts of God, shall not constitute
a breach of this Agreement, but shall entitle the affected party to be relieved of performance at
the current pricing levels under this Agreement during the term of such event and for a
reasonable time thereafter. The collection or disposal of any increased volume resulting from a
flood, hurricane or similar or different Act of God over which Contractor has no control, shall not
be included as part of Contractor’s service under this Agreement. In the event of increased
volume due to a Force Majeure event, Contractor and the City shall negotiate the additional
payment to be made to Contractor. Further, the City shall grant Contractor variances in routes
and schedules as deemed necessary by Contractor to accommodate collection of the increased
volume of Waste Products.
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23. Equipment. Any equipment Contractor furnishes shall remain Contractor’s
property. To the extent City uses Contractor’s equipment, City shall use the equipment only for
its proper and intended purpose and shall not overload (by weight or volume), move or alter the
equipment.
24. Access. City shall provide safe, unobstructed access to the equipment on the
scheduled collection day. Contractor may charge an additional fee for any additional collection
service required by City’s failure to provide access.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement.
ALLIED WASTE SERVICES OF NORTH AMERICA,
LLC D/B/A REPUBLIC SERVICES OF THE TWIN
CITIES - EDEN PRAIRIE
CITY OF GOLDEN VALLEY
Brandon Schuler
General Manager
Roslyn Harmon
Mayor
Noah Schuchman
City Manager
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Exhibit A
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
3B.2. Zane Avenue & Lindsay Street (Proj. No. 23-02) - Revised Public Highway At-Grade Crossing
Agreement
Prepared By
Michael Ryan, City Engineer
Summary
This is a revision to a previously approved agreement between the City and Union Pacific Railroad
(UPRR), which is required for the construction of Zane Avenue and Lindsay Street Improvements
Project. The revision entails updates to the exhibits in Attachment A-1, reflecting the final design
plans for the project.
Financial or Budget Considerations
This revision does not affect the financial or budget considerations of the original agreement, as
described below.
This agreement requires a $12,243 annual signal maintenance fee, a $2,416 annual surface
maintenance fee, a one-time $1,025 administrative fee, and $487,861 for construction improvements
performed by Union Pacific Railroad, as required for surface and signal improvements. The
construction improvements and ongoing maintenance are needed for construction and long-term
operation of the Zane Avenue railroad crossing. The administrative fee and construction cost estimate
have been factored in project cost estimates as an indirect cost item. Annual fees are commensurate
with ongoing maintenance fees.
Legal Considerations
Construction and maintenance activities within railroad right-of-way are subject to legal agreements,
license fees, and coordination with railroad personnel. Railroad entities perform construction
activities within their own property as necessary for public improvements. This process, including
reimbursement for construction costs, is industry standard and conforms to Federal, State, and local
requirements and policies.
The original agreement and this revision have been reviewed by the City Attorney.
Equity Considerations
The City’s work to execute our Pavement Management Program is consistent with the unbiased
programs and services pillar of the City’s Equity Plan. The Pavement Management Program is
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unbiased, prioritizing streets that are not constructed to current standards, and streets that
objectively have low Pavement Quality Index scores. This approach provides safe streets, reliable
service, and consistent experiences for the community.
This revised Crossing Agreement allows for Zane Avenue to be reconstructed through the railroad
crossing, which improves the road condition, safety measures at the crossing, and provides the
community with connectivity along Zane Avenue.
Recommended Action
Motion to Approve Revised Public Highway At-Grade Crossing Agreement with Union Pacific Railroad
for Zane Avenue & Lindsay Street Improvements.
Majority Vote needed
Supporting Documents
0694536Public Crossing Agreement - City of Golden Valley - Zane Ave - DOT# 185033Y.pdf
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
UP Real Estate Project No: 0694536
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Zane Avenue North
DOT# 185033Y
MP 4.284 – Golden Valley Industrial Lead
Golden Valley, Hennepin County, State of Minnesota
THIS AGREEMENT ("Agreement") is made and entered into as of the 3rd day of
September, 2024 ("Effective Date"), by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400
Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF
GOLDEN VALLEY, a municipal corporation or political subdivision of the State of
Minnesota to be addressed at 7800 Golden Valley Road, Golden Valley, Minnesota,
55427("Political Body").
RECITALS:
Presently, the Political Body utilizes the Railroad’s property for the existing at grade
public road crossing over Zane Avenue North at Railroad’s MP 4.284 on Railroad’s
Golden Valley Industrial Lead at or near Golden Valley, Hennepin County, State of
Minnesota.
The Political Body now desires to undertake as its project (the “Project”) the
reconstruction of the existing at grade public road crossing. The road crossing, as
reconstructed [and widened] is hereinafter the “Roadway.”
The Railroad right of way right utilized by the Political Body for the existing road
crossing is sufficient to allow for the reconstruction of the Roadway. The area where the
Roadway crosses a portion of the Railroad’s property is hereinafter referred to as the
“Crossing Area” as such area is generally shown on the Railroad’s location print marked
Exhibit A and described in the plans marked Exhibit A-1, attached hereto and hereby
made a part hereof.
The Railroad and the Political Body are entering into this Agreement to cover the
above.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as
follows:
Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and
hereby made a part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the Political Body’s agreement to perform and comply
with the terms of this Agreement, the Railroad hereby grants to the Political Body the right
to construct, maintain and repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor or
contractors hired by the Political Body to perform any Project work on any portion of the
Railroad’s property and shall also include the Contractor’s subcontractors and the
Contractor’s and subcontractor’s respective employees, officers and agents, and others
acting under its or their authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. Prior to Contractor performing any work within the Crossing Area and any
subsequent maintenance and repair work, the Political Body shall require the Contractor
to:
• execute the Railroad's then current Contractor's Right of Entry Agreement
• obtain the then current insurance required in the Contractor’s Right of
Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements
to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked
Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms
that it will inform its Contractor that it is required to execute such form of agreement and
obtain the required insurance before commencing any work on any Railroad property.
Under no circumstances will the Contractor be allowed on the Railroad's property without
first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the
insurance set forth therein and also providing to the Railroad the insurance policies,
binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP File Folder No. 0694536
D. If the Political Body's own employees will be performing any of the Project
work, the Political Body may self-insure all or a portion of the insurance coverage subject
to the Railroad's prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current
rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR
140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement
by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by
the Railroad. In addition, the Railroad is not required to contribute any funding for the
Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost
and expense, is described in the Railroad's Material and Force Account Estimate for
Surface dated November 14, 2023, and the Railroads Material and Force Account
Estimate for Signals dated March 20, 2024, collectively marked Exhibit C, attached
hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the
Railroad's estimated cost for the Railroad's work associated with the Project is Four
Hundred Eighty-Seven Thousand Eight Hundred Sixty-One Dollars ($487,861.00).
B. The Railroad, if it so elects, may recalculate and update the Estimate
submitted to the Political Body in the event the Political Body does not commence
construction on the portion of the Project located on the Railroad’s property within six (6)
months from the date of the Estimate.
C. The Political Body acknowledges that the Estimate does not include any
estimate of flagging or other protective service costs that are to be paid by the Political
Body or the Contractor in connection with flagging or other protective services provided
by the Railroad in connection with the Project. All of such costs incurred by the Railroad
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
are to be paid by the Political Body or the Contractor as determined by the Railroad and
the Political Body. If it is determined that the Railroad will be billing the Contractor directly
for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs
that have not been paid by any Contractor within thirty (30) days of the Contractor's
receipt of billing.
D. The Railroad shall send progressive billing to the Political Body during the
Project and final billing to the Political Body within three hundred sixty-five (365) days
after receiving written notice from the Political Body that all Project work affecting the
Railroad's property has been completed and the Project Manager has closed the Project
work order and notified the Political Body.
E. The Political Body agrees to reimburse the Railroad within thirty (30) days
of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs
incurred by the Railroad in connection with the Project including, but not limited to, all
actual costs of engineering review (including preliminary engineering review costs
incurred by Railroad prior to the Effective Date of this Agreement), construction,
inspection, flagging (unless flagging costs are to be billed directly to the Contractor),
procurement of materials, equipment rental, manpower and deliveries to the job site and
all direct and indirect overhead labor/construction costs including Railroad's standard
additive rates.
Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared
by others, the detailed plans and specifications for the Project and the Structure and
submit such plans and specifications to the Railroad’s Assistant Vice President
Engineering-Design, or their authorized representative, for prior review and approval. The
plans and specifications shall include all Roadway layout specifications, cross sections
and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved
in writing by the Railroad’s Assistant Vice President Engineering-Design, or their authorized
representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a
part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented
to such changes in writing.
D. The Railroad's review and approval of the Plans will in no way relieve the
Political Body or the Contractor from their responsibilities, obligations and/or liabilities
under this Agreement, and will be given with the understanding that the Railroad makes
no representations or warranty as to the validity, accuracy, legal compliance or
completeness of the Plans and that any reliance by the Political Body or Contractor on
the Plans is at the risk of the Political Body and Contractor.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing,
relocation, replacing, removing and abandoning in place all non-railroad owned facilities
(the "Non Railroad Facilities") affected by the Project including, without limitation, utilities,
fiber optics, pipelines, wirelines, communication lines and fences is required under
Section 8. The Non Railroad Facilities plans and specifications shall comply with
Railroad's standard specifications and requirements, including, without limitation,
American Railway Engineering and Maintenance-of-Way Association ("AREMA")
standards and guidelines. Railroad has no obligation to supply additional land for any
Non Railroad Facilities and does not waive its right to assert preemption defenses,
challenge the right-to-take, or pursue compensation in any condemnation action,
regardless if the submitted Non Railroad Facilities plans and specifications comply with
Railroad's standard specifications and requirements. Railroad has no obligation to permit
any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and
specifications, Railroad will attempt to incorporate them into new agreements or
supplements of existing agreements with Non Railroad Facilities owners or operators.
Railroad may use its standard terms and conditions, including, without limitation, its
standard license fee and administrative charges when requiring supplements or new
agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence
before a supplement or new agreement has been fully executed by Railroad and the Non
Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree
in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be
Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure,
and (iii) supplement this Agreement with terms and conditions covering the Non Railroad
Facilities.
Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and
shall continue in full force and effect for as long as the Roadway remains on the Railroad’s
property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon
delivery of written notice to the Political Body in the event the Political Body does not
commence construction on the portion of the Project located on the Railroad’s property
within twelve (12) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason,
the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in
connection with the Project up to the date of termination, including, without limitation, all
actual costs incurred by the Railroad in connection with reviewing any preliminary or final
Project Plans.
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
Section 11. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the
Crossing Area or on any other Railroad property until:
(i)The Railroad and Political Body have executed this Agreement.
(ii)The Railroad has provided to the Political Body the Railroad’s written
approval of the Plans.
(iii)Each Contractor has executed Railroad’s Contractor’s Right of Entry
Agreement and has obtained and/or provided to the Railroad the insurance
policies, certificates, binders, and/or endorsements required under the
Contractor’s Right of Entry Agreement.
(iv)Each Contractor has given the advance notice(s) required under the
Contractor's Right of Entry Agreement to the Railroad Representative
named in the Contactor's Right of Entry Agreement.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal
and/or demolition of the Roadway shall not commence until Railroad and Political Body
agree on the plans for such future projects, cost allocations, right of entry terms and
conditions and temporary construction rights, terms and conditions.
Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A.Political Body shall not assign this Agreement without the prior written
consent of Railroad.
B.Subject to the provisions of Paragraph A above, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of Railroad and Political
Body.
Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act
("ARRA") funding for the Project, the Political Body agrees that it is responsible in
performing and completing all ARRA reporting documents for the Project. The Political
Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only
to a "recipient" receiving ARRA funding directing from the federal government and,
therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body
and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
responsibilities to the Railroad. The Political Body also confirms and acknowledges that
(i) the Railroad shall provide to the Political Body the Railroad's standard and customary
billing for expenses incurred by the Railroad for the Project including the Railroad's
standard and customary documentation to support such billing, and (ii) such standard and
customary billing and documentation from the Railroad provides the information needed
by the Political Body to perform and complete the ARRA reporting documents. The
Railroad confirms that the Political Body and the Federal Highway Administration shall
have the right to audit the Railroad's billing and documentation for the Project as provided
in Section 11 of Exhibit B of this Agreement.
Section 15. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date
of installation and/or the in-service date of the new and/or improved or existing Grade
Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining
at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit
B, agrees to pay to Railroad the sum of Twelve Thousand Two Hundred Forty Three
Dollars ($12,243.00) per annum, payable annually in advance, as payment for Railroad's
maintenance of the Signal System that is installed at the Roadway. The annual signal
maintenance fee is calculated as shown on the attached Exhibit F, attached hereto and
made a part hereof.
B. The above annual signal maintenance fee for Railroad's maintenance of the
Signal System is based on the number of current signal units installed at the Roadway. If
the Signal System is improved and/or altered in any way, the Political Body must notify
the Railroad in writing and the annual signal maintenance fee will be increased at a rate
based on the American Railway Engineering and Maintenance of Way Association
(AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any
improvement or alteration to the Signal System, the Railroad may increase the annual
signal maintenance fee at a rate based on the AREMA signal unit cost index any time
after the date of installation and/or improvement of the Signal System. The signal unit
base for the annual signal maintenance fee may also be re-determined by the Railroad
at any time subsequent to the expiration of five (5) years following the date on which the
annual signal maintenance fee was last determined or established. Any such changes in
the annual signal maintenance fee referenced in Article 2 may be made by means of
automatic adjustment in billing.
Section 16. ANNUAL SURFACE MAINTENANCE
A. The Railroad shall maintain the crossing surface between the track tie ends
at Political Body’s expense. Effective as of three years from effective date of this
Agreement, Political Body agrees to pay to Railroad the sum of Two Thousand Four
Hundred and Sixteen Dollars ($2,416.00) per annum, payable annually in advance, as
payment for Railroad's maintenance of the surface between track tie ends located within
the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and
repair all portions of the Roadway approaches that are not within the area between lines
25
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Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
two (2) feet outside of the rails of each track. See lower right hand corner of Exhibit C.
B. The above annual surface maintenance fee may also be re-determined by
the Railroad at any time subsequent to the expiration of five (5) years following the date
on which the annual surface maintenance fee was last determined or established. Any
such changes in the annual surface maintenance fee may be made by means of
automatic adjustment in billing.
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Public Highway At-Grade Crossing Agreement
DOT D OT# 185033Y, Project 0694536
I N WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________
ATTEST: CITY OF GOLDEN VALLEY
Theresa Schyma By: ________________________________
City Clerk Printed Name: Noah Schuchman
Title: City Manager
Pursuant to Resolution/Order No. __________
(Seal) dated: September 3rd, 2024 hereto attached
27
1
EXHIBIT A
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT A
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area (see Recitals)
28
29
1
EXHIBIT A-1
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT A-1
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit A-1 will be the Plans of the Crossing Area (see Recitals)
30
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BITUMINOUSPAVEMENTBITUMINOUSPAVEMENTIIIIIIIIIIII10.00' MIN (TYP.)2129993311445511119881313131099812121212121212661930.00'8.00'6.66'64.00'15.00' (TYP.)2.00' (TYP.)30" RCP Class V1314661515154'11'6'17.23'11'17.69'19.90'21.11'6'ST1510'8.18'1588608658708758808858908958608658708758808858908950.00%-0.54%-3.17%-3.52%-0.50%PVI STA=18+31.00
EL=877.90
PVI STA=18+21.00
EL=877.90
PVI STA=18+81.00PVI EL=877.63L=90'K=34.20PVC STA=18+36.00
EL=877.87
PVT STA=19+26.00
EL=876.20 PVI STA=17+71.00PVI EL=878.15L=90'K=29.78PVC STA=17+26.00EL=879.73
PVT STA=18+16.00
EL=877.92INV. 873.35EX. 72" RCP18" RCP Class V15" RCP Class V12" PVC WM12" PVC6.75'2.4'UPRRR.O.WREMOVE EX. 12" RCPUPRRR.O.W18" RCP Class V12" RCP SAN.880.6879.1
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875.4417+0018+0019+0019+50UPRR TO RELOCATE VEHICULAR DEVICE WITH GATE ARMMIN. 2' DETECTABLE WARNING STRIPUPRR TO REPLACE AND EXTEND CROSSING PANELSMIN.3' FROM EDGE OF TRAVELED WAY.REPLACE EX. 24" STOP LINE - MIN. 8' IN ADVANCE OF NEAREST RAILROADTRAFFIC CONTROL DEVICEMIN. 24" STRIP OF ASPHALT BETWEEN CROSSING SURFACE AND ROADWAYUNPAVED AREA (CLASS 5) AROUND DEVICES FOR MAINTENANCE ACCESS.MIN. 10' FROM CENTER OF TRACK, TAPERED CURBB618 CONCRETE CURB AND GUTTER (FULL HEIGHT)D412 CONCRETE CURB AND GUTTER(SURMOUNTABLE FOR MAINTENANCE ACCESS)12345678910EX. VEHICULAR DEVICE WITH GATE ARMEX. CURB AND GUTTER11STORM SEWER CATCH BASIN12REMOVE EX. STORM SEWER (CB OR RCP PIPE)13KEY NOTESCONNECT TO EXISTING CATCH BASIN/MANHOLE.FURNISH AND INSTALL NEW "BEEHIVE" GRATE ON EXISTING CATCH BASIN/MANHOLEADD 3 CU YD RIPRAP. RE-GRADE AROUND CB TO DRAIN.14APPROXIMATE STORM SEWER EXCAVATION LIMITS.DEPTH VARIES, SEE SHEET S10 FOR PROFILE VIEWS. APPROXIMATELY 4.5' DEEPEXCAVATIONS150feetscale1020105EXISTING ℄ GRADEPROPOSED ℄ GRADEMATCH EXISTING RAILELEVATION THROUGHCROSSING PANELS90 LF STEEL CASING PIPE (JACKED).INSTALL OUTSIDE EXISTING CASING PIPE. FIELD VERIFY SIZE. 24" DIA (MIN.)7/16" (MIN.) WALL THICKNESS.REMOVE EXISTING CASING PIPE AFTER NEW CASING IS INSTALLED (INCIDENTAL).PROVIDE CATHODIC PROTECTION, CASING SPACER, AND END SEALS (INCIDENTAL).FILL ANNULAR SPACE WITHIN THE CASING WITH AIR-BLOWN SAND (INCIDENTAL).Rev.#Designed ByDrawn ByChecked ByDescriptionDateSEH ProjectRevision IssueRev.#DescriptionDateRevision IssueDATELICENSE NO.ofGOLDV 163618SRPSRPSDHGOLDEN VALLEY,MINNESOTAS.A.P. 128-408-002 (ZANE AVE.)CITY PROJECT NO. 23-02Save: 2/12/2024 1:38 PM sprall Plot: 6/5/2024 9:30 AM X:\FJ\G\GOLDV\163618\5-final-dsgn\51-drawings\10-Civil\cad\dwg\sheet\GV163618GP_RRXing.dwg
G75/7/202454949STEPHEN PRALLI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA.103GRADING PLANUPRR CROSSING AT ZANE AVENUEZANE AVENUE AND LINDSAY STREETIMPROVEMENTSUPRR M.P. 4.28X-ING 185-033YNOTE:CONTRACTOR SHALL PROVIDE SHORING, TRACKMONITORING, AND GROUND MONITORING AS REQUIREDBY UPRR AND SUBMIT ASSOCIATED PLANS TOENGINEER PRIOR TO CONSTRUCTION31
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878.05
877.77
876.93
875.44
874.00
873.10
872.65
872.21
871.78
871.35
870.9214+0015+0016+0017+0018+0019+0020+0021+0022+0023+009" VSPSTA = 14+80.10TC= 887.80INV. 876.26 (S)INV. 876.22 (N)2196, 0.6' L
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INV. 867.96 (S)
INV. 867.83 (W)
INV. 867.80 (E)
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24"
24"SECTRL5"5"5"5"EE8"8"4"4"4"4"4"4"20"
8"ECTRLECTRLTSXCXCXCXCT-BURT-BURT-BURT-BUR48" RCP24" RCP24" HDPE18" HDPE18" HDPE18" HDPE15" HDPE24" HDPE6" HDPE6" HDPE6" HDPE6" HDPE6" HDPE6" HDPE12" RCP12" RCP12" RCP9259259008151"T-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BUR48" RCP48" RCP60" RCP72" RCP12" RCP12">>>>>>>>6" CMPP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURP-BURGGGGGGGGGGGGGGGGGP-OHP-OHP-OHP-OHP-OHP-OHP-OHP-OHP-OHP-OHP-OHP-OHP-OHUPRRUPRRLUCE LINE TRAILLUCE LINE TRAIL701100036" RCP>>>>>>>>>>FOFOFOFOFOFOFOFOFOFO>>>>>>FOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOSTP-BURP-BURP-BURP-BURP-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURT-BURGFOFOFOFOT-BURT-BURT-BURT-BURT-BURT-BURT-BUR30"00+1400+1500+1600+1700+1800+1900+2000+2100+2200+23IIIIIIIIIIIIIIIISTST21962195197REMOVE HYDRANTREMOVE GATE VAVLE & BOXREMOVE 11 LF 6" CIP WATERMAINSTA. 21+69.48, 20.67 LTF&I 12"X6" TEEF&I 10 LF 6" PVC WATERMAINF&I 6" GATE VALVE & BOXF&I HYDRANTREMOVE HYDRANTREMOVE GATE VALVE & BOXREMOVE 10 LF 6" CIP WATERMAINSTA. 17+72.79, 22.67 LTF&I 12"X6" TEEF&I 12 LF 6" PVC WATERMAINF&I 6" GATE VALVE & BOXF&I HYDRANTREMOVE HYDRANTREMOVE GATE VALVE & BOX (2)REMOVE 42 LF 6" CIP WATERMAINSTA. 16+37.15, 27.17 RTF&I 12"X6" TEEF&I 38 LF 6" PVC WATERMAINF&I 6" GATE VALVE & BOXF&I HYDRANTREMOVE HYDRANTREMOVE GATE VALVE & BOXREMOVE 13 LF 6" CIP WATERMAINSTA. 14+04.00, 20.67 LTF&I 12"X6" TEEF&I 10 LF 6" PVC WATERMAINF&I 6" GATE VALVE & BOXF&I HYDRANTNOTES:1.CONTRACTOR SHALL CONTACT CITY PRIOR TO HYDRANTREMOVAL, SO CITY CAN REMOVE HYDRANT RODS.2.INSULATION SHALL BE INSTALLED IF: LESS THAN 24"CLEARANCE AT STORM CROSSINGS & LESS THAN 18" ATSANITARY CROSSING, OR AS DIRECTED BY THE ENGINEER.3.ALL PROPOSED HYDRANTS SHALL HAVE 8' BURY DEPTH.4.CONTRACTOR SHALL FURNISH & INSTALL NEW SANITARYCASTINGS ON ALL SANITARY STRUCTURES. SEE THEEXISTING SANITARY SEWER STRUCTURE SCHEDULE.5.SEE THE EXISTING SANITARY SEWER STRUCTURESCHEDULE AND SPECIFICATIONS FOR RECONSTRUCT MHINFORMATION.6.SEE SANITARY SEWER REPAIR TABULATION FOR SANITARYSERVICE WYE GROUTING/ LINER INFORMATION.7.ONLY ACTIVE SEWER SERVICES SHALL BE REINSTATEDAFTER LINING SEWER MAIN, OR AS DIRECTED BY THEENGINEER. CONTRACTOR SHALL DETERMINE ACTIVESERVICES DURING PRE-CONSTRUCTION SEWERTELEVISING.8.REFER TO CLEARING AND GRUBBING SPECIAL PROVISIONSFOR DETAILS ABOUT TREE REMOVAL NEAR CURB STOPS.9.CONTRACTOR SHALL MAKE USE OF TRENCH BOXES TOMINIMIZE DAMAGE AND/OR IMPACTS TO LANDSCAPING ASDIRECTED BY ENGINEER.ZANE AVENUESave: 5/21/2024 3:17 PM sprall Plot: 6/5/2024 9:36 AM X:\FJ\G\GOLDV\163618\5-final-dsgn\51-drawings\10-Civil\cad\dwg\sheet\GV163618U01_ZANE.dwg BENCHMARK EL. 885.60BENCHMARK EL. 875.690feetscale30603015Rev.#Designed ByDrawn ByChecked ByDescriptionDateSEH ProjectRevision IssueRev.#DescriptionDateRevision IssueDATELICENSE NO.ofGOLDV 163618SRPSRPSDHGOLDEN VALLEY,MINNESOTAS.A.P. 128-408-002 (ZANE AVE.)CITY PROJECT NO. 23-02U25/7/202454949STEPHEN PRALLI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDERTHE LAWS OF THE STATE OF MINNESOTA.103UTILITY PLANZANE AVENUEZANE AVENUE AND LINDSAY STREETIMPROVEMENTSSEE SHEET U1
SEE SHEET U3ZANE AVENUETNH STA.16+57, 30.0' RT.TNH STA.21+60, 20.8' LT.NOTE: HYDRANTS WILL BE REMOVEDIN THIS AREA. THE CITY WILL ESTABLISHNEW BENCHMARKS AFTER NEW HYDRANTSARE INSTALLED.12" PVC WATERMAINREMOVE GV & BOXREMOVE 14 LF WMF&I 12"x8" TEEF&I 14 LF 8" PVC WMF&I 8" GV & BOXF&I 8" SLEEVECONNECT TO EXISTING WM10' MIN.EXISTING ℄ GRADEPROPOSED ℄ GRADEAPPROXIMATE EXCAVATION DEPTH7.5' MIN. BURY72" RCP CROSSING(STORM SEWER)REMOVE GATE VALVE & BOXF&I GATE VALVE & BOXREMOVE MANHOLEREMOVE GATE VALVEF&I 12" GATE VALVE & BOXREMOVE GATE VALVE & BOXREMOVE 42 LF WATERMAINF&I 12"x6" TEEF&I 6" GATE VALVE & BOXF&I 42 LF 6" PVC WATERMAINF&I 6" SLEEVECONNECT TO EXISTING WATERMAINEXIST. R/W (TYP.)GRADING LIMITS (TYP.)REMOVE GATE VALVE & BOXREMOVE 20 LF 8" WATERMAINF&I 12"x8" TEEF&I 20 LF 8" PVC WATERMAINF&I 8" GATE VALVE & BOXCONNECT TO EXISTING WATERMAIN90 LF STEEL CASING PIPE (JACKED).INSTALL OUTSIDE EXISTING CASING PIPE.FIELD VERIFY SIZE. 24" DIA (MIN.)7/16" (MIN.) WALL THICKNESS.REMOVE EXISTING CASING PIPE AFTER NEWCASING IS INSTALLED (INCIDENTAL).PROVIDE CATHODIC PROTECTION, CASINGSPACER, AND END SEALS (INCIDENTAL).FILL ANNULAR SPACE WITHIN THE CASINGWITH AIR-BLOWN SAND (INCIDENTAL).REMOVE GATE VALVE & BOXREMOVE 20 LF WATERMAINF&I 12"X4" TEEF&I 4" GATE VALVE & BOXF&I 20 LF 4" PVC WATERMAINCONNECT TO EXISTING WATERMAINREMOVE WATER SERVICE PIPEF&I 40 LF 1" PE PIPEF&I 1" CORPORATION STOPF&I CURB STOP AND BOXF&I SADDLEF&I 2-1" STAINLESS STEEL INSERTS (INCIDENTAL)CONNECT TO EXISTING WATER SERVICE (TYP.)LEGEND:DENOTES TREE TO BEREMOVEDSEE NOTE 8SANITARY REPAIR #2SANITARY REPAIR #3PROTECT EXISTINGSAN SERVICE (TYP.)EXISTING UTILITYEASEMENT (TYP.)TEMPORARY EASEMENT (TYP.)CONTRACTOR SHALL VERIFYDEPTH OF BURIED POWER PRIORTO CONSTRUCTION (INCIDENTAL).NOTE: UTILITY PERMIT FROM UP REAL ESTATE REQUIRED TO BORE UNDER UPRR TRACKS32
1
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT B
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or
against encumbrances. The Political Body shall not use or permit use of the Crossing
Area for any purposes other than those described in this Agreement. Without limiting
the foregoing, the Political Body shall not use or permit use of the Crossing Area for
railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the
Railroad's property by or under authority of the Political Body for the purpose of
conveying electric power or communications incidental to the Political Body's use of the
property for highway purposes shall be constructed in accordance with specifications
and requirements of the Railroad, and in such manner as not adversely to affect
communication or signal lines of the Railroad or its licensees now or hereafter located
upon said property. No nonparty shall be admitted by the Political Body to use or occupy
any part of the Railroad's property without the Railroad's written consent. Nothing herein
shall obligate the Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad
tracks as may be required for its convenience or purposes. In the event the Railroad
shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole
cost and expense, modify the Roadway to conform with all tracks within the Crossing
Area.
C. The right hereby granted is subject to any existing encumbrances and rights
(whether public or private), recorded or unrecorded, and also to any renewals thereof.
The Political Body shall not damage, destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property, unless the Political Body at its
own expense settles with and obtains releases from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the
Crossing Area for any purpose not inconsistent with the right hereby granted, including,
but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair,
alter, renew and replace tracks, facilities and appurtenances on the property; and the
right to cross the Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so, the Political Body will assume, bear and pay all
taxes and assessments of whatsoever nature or kind (whether general, local or special)
levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
against the property as a component part of the Railroad's operating property.
F. If any property or rights other than the right hereby granted are necessary for the
construction, maintenance and use of the Roadway and its appurtenances, or for the
33
2
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
performance of any work in connection with the Project, the Political Body will acquire
all such other property and rights at its own expense and without expense to the
Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A.The Political Body, at its expense, will apply for and obtain all public authority
required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad
upon request with satisfactory evidence that such authority has been obtained.
B.Except as may be otherwise specifically provided herein, the Political Body, at its
expense, will furnish all necessary labor, material and equipment, and shall construct
and complete the Roadway and all appurtenances thereof. The appurtenances shall
include, without limitation, all necessary and proper highway warning devices (except
those installed by the Railroad within its right of way) and all necessary drainage
facilities, guard rails or barriers, and right of way fences between the Roadway and the
railroad tracks. Upon completion of the Project, the Political Body shall remove from the
Railroad's property all temporary structures and false work, and will leave the Crossing
Area in a condition satisfactory to the Railroad.
C.All construction work of the Political Body upon the Railroad's property (including,
but not limited to, construction of the Roadway and all appurtenances and all related
and incidental work) shall be performed and completed in a manner satisfactory to the
Assistant Vice President Engineering-Design of the Railroad or their
authorized representative and in compliance with the Plans, and other guidelines
furnished by the Railroad.
D.All construction work of the Political Body shall be performed diligently and
completed within a reasonable time. No part of the Project shall be suspended,
discontinued or unduly delayed without the Railroad's written consent, and subject to
such reasonable conditions as the Railroad may specify. It is understood that the
Railroad's tracks at and in the vicinity of the work will be in constant or frequent use
during progress of the work and that movement or stoppage of trains, engines or cars
may cause delays in the work of the Political Body. The Political Body hereby assumes
the risk of any such delays and agrees that no claims for damages on account of any
delay shall be made against the Railroad by the State and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this
Agreement or by the failure to do or perform anything for which the Political Body is
responsible under the provisions of this Agreement, shall injure, damage or destroy any
property of the Railroad or of any other person lawfully occupying or using the property
of the Railroad, such property shall be replaced or repaired by the Political Body at the
Political Body's own expense, or by the Railroad at the expense of the Political Body,
and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
34
3
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than
the Railroad forces. The Railroad shall notify the Political Body of the contract price
within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed
on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of
the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or
cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway,
except the portions between the track tie ends, which shall be maintained by the
Railroad at the Political Body’s expense.
B. If, in the future, the Political Body elects to have the surfacing material between
the track tie ends, or between tracks if there is more than one railroad track across the
Crossing Area, replaced with paving or some surfacing material other than timber
planking, the Railroad, at the Political Body’s expense, shall install such replacement
surfacing, and in the future, to the extent repair or replacement of the surfacing is
necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing
Area, the Political Body shall bear the expense of such repairs or replacement.
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to,
raise or lower the grade of all or any portion of the track(s) located within the Crossing
Area, the Political Body shall, at its own expense, conform the Roadway to conform with
the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is
necessitated for public or Railroad convenience or on account of improvements for
either the Railroad, highway or both, the parties will apportion the expense incidental
thereto between themselves by negotiation, agreement or by the order of a competent
authority before the change or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's
operations and communications are of the utmost importance; and in order that the
same may be adequately safeguarded, protected and assured, and in order that
accidents may be prevented and avoided, it is agreed with respect to all of said work of
35
4
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
the Political Body that the work will be performed in a safe manner and in conformity
with the following standards:
A. Definitions. All references in this Agreement to the Political Body shall also
include the Contractor and their respective officers, agents and employees, and others
acting under its or their authority; and all references in this Agreement to work of the
Political Body shall include work both within and outside of the Railroad’s property.
B. Entry on to Railroad's Property by Political Body. If the Political Body's
employees need to enter Railroad's property in order to perform an inspection of the
Roadway, minor maintenance or other activities, the Political Body shall first provide at
least ten (10) working days advance notice to the Railroad Representative. With respect
to such entry on to Railroad’s property, the Political Body, to the extent permitted by law,
agrees to release, defend and indemnify the Railroad from and against any loss, damage,
injury, liability, claim, cost or expense incurred by any person including, without limitation,
the Political Body’s employees, or damage to any property or equipment (collectively the
“Loss”) that arises from the presence or activities of Political Body’s employees on
Railroad’s property, except to the extent that any Loss is caused by the sole direct
negligence of Railroad.
C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as
provided in Paragraph B above, the Political Body agrees to notify the Railroad
Representative at least thirty (30) working days in advance of proposed performance of
any work by Political Body in which any person or equipment will be within twenty-five
(25) feet of any track, or will be near enough to any track that any equipment extension
(such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any
track. No work of any kind shall be performed, and no person, equipment, machinery,
tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored
within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless
and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty
(30) day notice, the Railroad Representative will determine and inform Political Body
whether a flagman need be present and whether Political Body needs to implement any
special protective or safety measures. If flagging or other special protective or safety
measures are performed by Railroad, Railroad will bill Political Body for such expenses
incurred by Railroad. If Railroad performs any flagging, or other special protective or
safety measures are performed by Railroad, Political Body agrees that Political Body is
not relieved of any of its responsibilities or liabilities set forth in this Agreement.
(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate
in effect for an eight-hour day for the class of flagmen used during regularly assigned
hours and overtime in accordance with Labor Agreements and Schedules in effect at the
time the work is performed. In addition to the cost of such labor, a composite charge for
vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and
unemployment compensation, supplemental pension, Employees Liability and Property
36
5
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
Damage and Administration will be included, computed on actual payroll. The composite
charge will be the prevailing composite charge in effect at the time the work is performed.
One and one-half times the current hourly rate is paid for overtime, Saturdays and
Sundays, and two and one-half times current hourly rate for holidays. Wage rates are
subject to change, at any time, by law or by agreement between Railroad and its
employees, and may be retroactive as a result of negotiations or a ruling of an authorized
governmental agency. Additional charges on labor are also subject to change. If the
wage rate or additional charges are changed, Political Body shall pay on the basis of the
new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight-hour day
during which any flagman is furnished, unless the flagman can be assigned to other
Railroad work during a portion of such day, in which event reimbursement will not be
required for the portion of the day during which the flagman is engaged in other Railroad
work. Reimbursement will also be required for any day not actually worked by the flagman
following the flagman's assignment to work on the project for which Railroad is required
to pay the flagman and which could not reasonably be avoided by Railroad by assignment
of such flagman to other work, even though Political Body may not be working during
such time. When it becomes necessary for Railroad to bulletin and assign an employee
to a flagging position in compliance with union collective bargaining agreements, Political
Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the
need for a flagman. If five (5) days notice of cessation is not given, Political Body will still
be required to pay flagging charges for the five (5) day notice period required by union
agreement to be given to the employee, even though flagging is not required for that
period. An additional thirty (30) days notice must then be given to Railroad if flagging
services are needed again after such five day cessation notice has been given to
Railroad.
D. Compliance With Laws. The Political Body shall comply with all applicable
federal, state and local laws, regulations and enactments affecting the work. The
Political Body shall use only such methods as are consistent with safety, both as
concerns the Political Body, the Political Body's agents and employees, the officers,
agents, employees and property of the Railroad and the public in general. The Political
Body (without limiting the generality of the foregoing) shall comply with all applicable
state and federal occupational safety and health acts and regulations. All Federal
Railroad Administration regulations shall be followed when work is performed on the
Railroad's premises. If any failure by the Political Body to comply with any such laws,
regulations, and enactments, shall result in any fine, penalty, cost or charge being
assessed, imposed or charged against the Railroad, the Political Body shall reimburse,
and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty,
cost, or charge, including without limitation attorney's fees, court costs and expenses.
The Political Body further agrees in the event of any such action, upon notice thereof
being provided by the Railroad, to defend such action free of cost, charge, or expense
to the Railroad.
37
6
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
E. No Interference or Delays. The Political Body shall not do, suffer or permit
anything which will or may obstruct, endanger, interfere with, hinder or delay
maintenance or operation of the Railroad's tracks or facilities, or any communication or
signal lines, installations or any appurtenances thereof, or the operations of others
lawfully occupying or using the Railroad's property or facilities.
F. Supervision. The Political Body, at its own expense, shall adequately police and
supervise all work to be performed by the Political Body, and shall not inflict injury to
persons or damage to property for the safety of whom or of which the Railroad may be
responsible, or to property of the Railroad. The responsibility of the Political Body for
safe conduct and adequate policing and supervision of the Project shall not be lessened
or otherwise affected by the Railroad's approval of plans and specifications, or by the
Railroad's collaboration in performance of any work, or by the presence at the work site
of the Railroad's representatives, or by compliance by the Political Body with any
requests or recommendations made by such representatives. If a representative of the
Railroad is assigned to the Project, the Political Body will give due consideration to
suggestions and recommendations made by such representative for the safety and
protection of the Railroad's property and operations.
G. Suspension of Work. If at any time the Political Body's engineers or the Vice
President-Engineering Services of the Railroad or their respective representatives shall
be of the opinion that any work of the Political Body is being or is about to be done or
prosecuted without due regard and precaution for safety and security, the Political Body
shall immediately suspend the work until suitable, adequate and proper protective
measures are adopted and provided.
H. Removal of Debris. The Political Body shall not cause, suffer or permit material
or debris to be deposited or cast upon, or to slide or fall upon any property or facilities
of the Railroad; and any such material and debris shall be promptly removed from the
Railroad's property by the Political Body at the Political Body's own expense or by the
Railroad at the expense of the Political Body. The Political Body shall not cause, suffer
or permit any snow to be plowed or cast upon the Railroad's property during snow
removal from the Crossing Area.
I. Explosives. The Political Body shall not discharge any explosives on or in the
vicinity of the Railroad's property without the prior consent of the Railroad's Vice
President-Engineering Services, which shall not be given if, in the sole discretion of the
Railroad's Vice President-Engineering Services, such discharge would be dangerous or
would interfere with the Railroad's property or facilities. For the purposes hereof, the
"vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's
property or in such close proximity to the Railroad's property that the discharge of
explosives could cause injury to the Railroad's employees or other persons, or cause
damage to or interference with the facilities or operations on the Railroad's property.
The Railroad reserves the right to impose such conditions, restrictions or limitations on
the transportation, handling, storage, security and use of explosives as the Railroad, in
the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.
38
7
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
J. Excavation. The Political Body shall not excavate from existing slopes nor
construct new slopes which are excessive and may create hazards of slides or falling
rock, or impair or endanger the clearance between existing or new slopes and the tracks
of the Railroad. The Political Body shall not do or cause to be done any work which will
or may disturb the stability of any area or adversely affect the Railroad's tracks or
facilities. The Political Body, at its own expense, shall install and maintain adequate
shoring and cribbing for all excavation and/or trenching performed by the Political Body
in connection with construction, maintenance or other work. The shoring and cribbing
shall be constructed and maintained with materials and in a manner approved by the
Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely
to be encountered, including any stresses resulting from vibrations caused by the
Railroad's operations in the vicinity.
K. Drainage. The Political Body, at the Political Body's own expense, shall provide
and maintain suitable facilities for draining the Roadway and its appurtenances, and
shall not suffer or permit drainage water therefrom to flow or collect upon property of the
Railroad. The Political Body, at the Political Body's own expense, shall provide
adequate passageway for the waters of any streams, bodies of water and drainage
facilities (either natural or artificial, and including water from the Railroad's culvert and
drainage facilities), so that said waters may not, because of any facilities or work of the
Political Body, be impeded, obstructed, diverted or caused to back up, overflow or
damage the property of the Railroad or any part thereof, or property of others. The
Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work, the Political Body shall provide the
advance notice to the Railroad that is required under the Contractor's Right of Entry
Agreement.
M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's
property. Protection of the fiber optic cable systems is of extreme importance since any
break could disrupt service to users resulting in business interruption and loss of
revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the
required form to determine if fiber optic cable is buried anywhere on Railroad's property
to be used by the Political Body. If it is, Political Body will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make
arrangements for relocation or other protection of the fiber optic cable prior to beginning
any work on the Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or
by agreement between the parties, that new or improved train activated warning devices
should be installed at the Crossing Area, the Political Body shall install adequate
temporary warning devices or signs and impose appropriate vehicular control measures
to protect the motoring public until the new or improved devices have been installed.
39
8
EXHIBIT B
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the
benefit of the Railroad and any other railroad company lawfully using the Railroad's
property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the
items of expense for the materials to be provided by Railroad under this Project, or are
associated with the work to be performed by Railroad under this Project, shall be open to
inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business
hours by the agents and authorized representatives of Political Body for a period of three
(3) years following the date of Railroad's last billing sent to Political Body.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms
of this Agreement, the Railroad, in addition to any other rights and remedies, may
perform any work which in the judgment of the Railroad is necessary to place the
Roadway and appurtenances in such condition as will not menace, endanger or interfere
with the Railroad's facilities or operations or jeopardize the Railroad's employees; and
the Political Body will reimburse the Railroad for the expenses thereof.
B. Nonuse by the Political Body of the Crossing Area for public highway purposes
continuing at any time for a period of eighteen (18) months shall, at the option of the
Railroad, work a termination of this Agreement and of all rights of the Political Body
hereunder.
C. The Political Body will surrender peaceable possession of the Crossing Area and
Roadway upon termination of this Agreement. Termination of this Agreement shall not
affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may
have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or
effect unless made in writing, signed by the Political Body and the Railroad and
specifying with particularity the nature and extent of such waiver, modification or
amendment. Any waiver by the Railroad of any default by the Political Body shall not
affect or impair any right arising from any subsequent default. This Agreement and
Exhibits attached hereto and made a part hereof constitute the entire understanding
between the Political Body and the Railroad and cancel and supersede any prior
negotiations, understandings or agreements, whether written or oral, with respect to the
work or any part thereof.
40
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1
EXHIBIT C - MFAE
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT C
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit C will be Railroad's Material and Force Account Estimate.
41
Material And Force Account EstimateGolden ValleyEstimate Number: 145938 Version: 1Standard Rates: Labor Additive = 148.69%Estimate Good Until 11/14/24Location: GOLDEN VALLEY IND LD, INDL, 4.26-4.3Description of Work: 185033Y Zane Ave Golden Valley MN 4.28 Golden Valley IND LDPrepared For: Golden ValleyBuy America: NoCOMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100ENGINEERING Engineering1LS16,023.0016,023016,023016,023 Bill Prep Fee - Track Surface RECOLLECT1LS900.0009009000900 Homeline Freight - Track Surface RECOLLECT1LS900.0009009000900 Foreign Line Freight - Track Surface RECOLLECT1LS1,685.7601,6861,68601,686Sub-Total = 16,023 3,486 19,509 0 19,509TRACK CONSTRUCTION - COMPANY Mobilization: Company1DA11,450.0011,450011,450011,450RDXINGRDXING 136# CON10W PP PAN COMPLETE64TF895.7427,34229,98557,327057,327TRACK136# CWRIS0 24-8'6" PPHWD N 16 TP56TF577.2120,04812,27632,324032,324Sub-Total = 58,840 42,262 101,101 0 101,101TRACK REMOVAL - COMPANYRDXINGRemove road crossing - concrete48TF80.123,84603,84603,846TRACKRemove Track72TF31.292,25302,25302,253Sub-Total = 6,099 0 6,099 0 6,099SITE WORK - CONTRACT Asphalt1LS10,000.00010,00010,000010,000 Asphalt: Saw Cut1LS6,000.0006,0006,00006,000Sub-Total = 0 16,000 16,000 0 16,000EQUIPMENT RENTAL Equipment Rental1LS25,000.00025,00025,000025,000Sub-Total = 0 25,000 25,000 0 25,000Total Wgt. in Tons = 346Totals = 80,961 86,747 167,709 0 167,709Grand Total = $167,709Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Golden Valley will pay actual construction costs at the current rates effective thereof. __________________________________________________________________________________________________________________________________________________________________________ Tuesday, November 14, 2023 Page 1 of 142
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Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1
EXHIBIT D to Exhibit D – Contractor’s Right of Entry
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT D
TO
PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT
Exhibit D will be the Railroad’s then current form of Contractor’s Right of Entry.
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Contractor's Right of Entry Public
Projects Form Approved 02/09/2022
1
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the ______ day of _______________________,
20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and
___________________________________________________, a ______________________ corporation
("Contractor").
RECITALS:
Contractor has been hired by ___________________________________________________ to
perform work relating to __________________________________________________________ (the “Work”)
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost
__________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No.
_______________ located at or near ____________, in _______________ County, State of ______________,
as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby
made a part hereof, which Work is the subject of a contract dated ___________________ between Railroad
and _____________________________________.
Railroad is willing to permit Contractor to perform the Work described above at the location described
above subject to the terms and conditions contained in this agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's
contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For
purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of
Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject
to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and
egress from the property described in the Recitals for the purpose of performing the Work described in the
Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property
specifically described herein, or as designated by the Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.
The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a
part of this agreement.
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ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.
A.Contractor shall bear any and all costs and expenses associated with any Work performed by
Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this
agreement.
B.Contractor shall coordinate all of its Work with the following Railroad representative or his or her
duly authorized representative (the "Railroad Representative"):
___________________________________
___________________________________
___________________________________
___________________________________
C.Contractor, at its own expense, shall adequately police and supervise all Work to be performed
by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit
B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work
shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work,
or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad
Representative, or by compliance by Contractor with any requests or recommendations made by Railroad
Representative.
ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the
Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement
and continue until this agreement is terminated as provided in this agreement or until the Contractor has
completed all Work on Railroad’s property.
ARTICLE 6 - TERM; TERMINATION.
A.The grant of right herein made to Contractor shall commence on the date of this agreement, and
continue until __________________________, unless sooner terminated as herein provided, or at such time as
Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the
Railroad Representative in writing when it has completed its Work on Railroad's property.
B.This agreement may be terminated by either party on ten (10) days written notice to the other
party.
ARTICLE 7 - CERTIFICATE OF INSURANCE.
A.Before commencing any Work and throughout the entire term of this Agreement, Contractor, at
its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified
in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as
required under Section 12 of Exhibit B of this agreement.
B.Not more frequently than once every two (2) years, Railroad may reasonably modify the required
insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting
practices in the insurance industry.
C.Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance
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carrier evidencing the insurance coverage required under Exhibit B.
D.Contractor understands and accepts that the terms of this Article are wholly separate from and
independent of the terms of any indemnity provisions contained in this Agreement.
D.Upon request of Railroad, insurance correspondence, binders, policies, certificates and
endorsements shall be sent to:
Union Pacific Railroad Company
__________________________
[Insert mailing address]
__________________________
__________________________
Attn:______________________
Folder No. _________________
ARTICLE 8 - PRECONSTRUCTION MEETING.
If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection
(or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is
separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the
Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination
of work activities of the Contractor and the Railroad (and any CIC, as applicable.)
ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor
who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's
property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall
indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.
ARTICLE 10. ADMINISTRATIVE FEE.
Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand
Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in
connection with the processing of this agreement.
ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A.No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over
Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.
B.Any permanent or temporary changes, including temporary traffic control, to crossings must
conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad
Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes
being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations
due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on
the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the
Railroad for such noncompliance.
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ARTICLE 12.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property
without the prior written approval of Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the
date first herein written.
UNION PACIFIC RAILROAD COMPANY
By: ________________________________
Title: _______________________________
_________________________________
(Name of Contractor)
By: ______________________________
Name: ____________________________
Title: _____________________________
Phone: ____________________________
E-Mail: ____________________________
48
EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
49
50
1
EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A.Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance
of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of
any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will
be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach
to within twenty-five (25) feet of any track.
B.No work of any kind shall be performed, and no person, equipment, machinery, tool(s),
material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any
of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to
watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and
inform Contractor whether a flagman need be present and whether Contractor needs to implement any special
protective or safety measures.
C.Contractor shall be permitted to hire a private contractor to perform flagging or other special
protective or safety measures (such private contractor being commonly known in the railroad industry as a
contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such
services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute
discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor
shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in
Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope
of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions
governing such services to be provided by the CIC. If flagging or other special protective or safety measures
are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for)
its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in
whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.
D.If any flagging or other special protective or safety measures are performed by employees of
Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad,
unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such
expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor,
Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.
E.If any flagging or other special protective or safety measures are performed by Railroad or a CIC,
Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this
agreement.
F.The provisions set forth in this subsection are only applicable for Flagging Services performed by
employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an
eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with
labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor,
a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and
unemployment compensation, supplemental pension, Employees Liability and Property Damage and
Administration will be included, computed on actual payroll. The composite charge will be the prevailing
composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is
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paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage
rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may
be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges
on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the
governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed
by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman
is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which
event reimbursement will not be required for the portion of the day during which the flagman is engaged in other
Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following
the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which
could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though
Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign
an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must
provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5)
days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day
notice period required by union agreement to be given to the employee, even though flagging is not required for
that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed
again after such five-day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A.The foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to
construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal,
communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts
of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor
or to any other party for compensation or damages.
B.The foregoing grant is also subject to all outstanding superior rights (whether recorded or
unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the
right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A.Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted
use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of
Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.
Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the
safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty-
five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of
Railroads tracks except at existing open public crossings.
B.Operations of Railroad and work performed by Railroad personnel and delays in the Work to be
performed by Contractor caused by such railroad operations and Work are expected by Contractor, and
Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such
delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid
interference with railroad operations. The safe operation of Railroad train movements and other activities by
Railroad takes precedence over any Work to be performed by Contractor.
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Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the Work to be
performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of
any kind or nature to be created or enforced against any property of Railroad for any such Work performed.
Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands,
costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor
performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad
may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A.Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable
systems is of extreme importance since any break could disrupt service to users resulting in business interruption
and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required
form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it
is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable
locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not
commence any Work until all such protection or relocation (if applicable) has been accomplished.
B.IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR
SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,
LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,
COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS
AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR
DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2)
ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY
TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON
RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST
RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE
OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY
USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC
CABLE ON RAILROAD'S PROPERTY.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary
permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting
the Work including, without limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A.Safety of personnel, property, rail operations and the public is of paramount importance in the
prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for
initiating, maintaining and supervising all safety, operations and programs in connection with the Work.
Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web
address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's
own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor
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4
determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish
copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property.
http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_
req.pdf
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free
from safety and health hazards and ensure that its employees are competent and adequately trained in all safety
and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid
services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any
U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable
duty to control its employees while they are on the job site or any other property of Railroad, and to be certain
they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other
substance that may inhibit the safe performance of any Work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's
safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to
require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if
there are any inconsistencies between this agreement and the Safety Plan.
Section 8. INDEMNITY.
A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR
OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY
"INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,
CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,
CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY,
"LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,
CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT
OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY
ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH
OF THIS AGREEMENT BY CONTRACTOR.
B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON
OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY
NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS
CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE
FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF
ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.
C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY
UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.
CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR
INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.
CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES
HERETO.
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY
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WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY
TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO
ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.
E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK
PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO
EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO
LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER
COMMON LAW.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move
or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then
in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and
other property to the same condition as the same were in before such fence was taken down or such other
property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and
other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to
the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to
be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any
remedy for any subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this agreement shall be effective unless made in writing and signed by Contractor and
Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire
understanding between Contractor and Railroad and cancel and supersede any prior negotiations,
understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this agreement, or any interest therein, without the written
consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before
Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each
of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General
Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the
subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional
Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require
each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability
Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and
(3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain
Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent
coverage) for the job site.
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EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor’s Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s
property has been completed and all equipment and materials have been removed from Railroad’s property and
Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and
expense, procure and maintain the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than
$5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must
be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of
insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent
coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.
• Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a
substitute form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10
01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less
$5,000,000 for each accident and coverage must include liability arising out of any auto (including owned,
hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a
substitute form providing equivalent coverage) showing “Union Pacific Property” as the
Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be
limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work
is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease
policy limit $500,000 each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must
be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act,
the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL)
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent
coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence
56
2
and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration
page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed
under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or
broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage
required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED
TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS
FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must
“follow form” and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work
as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous"
material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury
at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or
RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution
Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least
$5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of Work as defined in this agreement includes the disposal of any hazardous or non-
hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability
insurance maintained by the disposal site operator for losses arising from the insured facility accepting the
materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.
Other Requirements
G. All policy(ies) required above (except business automobile, worker’s compensation and employers
liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG
20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to
Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions
of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC
RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE
AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND
CG 20 37.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of
insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that
may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this
agreement will be performed.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages
against Railroad and its agents, officers, directors and employees for damages covered by the workers
compensation and employers liability or commercial umbrella or excess liability obtained by Contractor
required in this agreement where prohibited by law. This waiver must be stated on the certificate of
insurance.
J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance,
executed by a duly authorized representative of each insurer, showing compliance with the insurance
requirements in this agreement.
57
3
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with
a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in
the state where the Work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be
deemed to release or diminish the liability of Contractor, including, without limitation, liability under the
indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third
party will not be limited by the amount of the required insurance coverage.
58
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
1
EXHIBIT E
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT E
TO
PUBLIC HIGHWAY AT GRADE-CROSSING AGREEMENT
Exhibit E will be signal design schematic
59
GCP
AS A 120V TO 240V ADAPTER.
FOR 240V TO 240V IS PROVIDED AS WELL
PORTABLE GENERATOR EXTENSION CORD
25’
30’
15’
15’
TO BE VERIFIED BY FIELD
OFFSET AND ISLAND DISTANCES
TO PLYMOUTH TO GLENWOOD JCT.
TRANSMITTER AND RECEIVER LEADS
TOP OF FOUNDATION TO BE AT SAME ELEVATION
AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.
LIGHTS:
NOTES:
ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.
RECOMMENDATION.
WIRE TO BE #6 AWG FLEX OR LARGER.
REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.
ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 50’ CONDUIT 1T11T215’
=TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.
ALL BUNGALOW WIRING TO BE #16 AWG FLEX
UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =1R21R1 LED LIGHTS
xx = BELL
645HZ 15.2kHZ
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
1
15’
PRIME WARNING TIME = 25 SECONDS
5’3"
5’3"
TRK 1 ISLAND DISTANCE 132’ MINIMUM 120’ REQUIRED
PREFERRED ISLAND WIRE CONNECTIONS
ARE A MINIMUM 50’ FROM EDGE OF ROAD
LENGTHS SHOULD NOT EXCEED MANUFACTURER’S
881’ 25+5 SEC. @ 20 M.P.H. 881’ 25+5 SEC. @ 20 M.P.H.
SIGNAL DESIGN
THE OFFICE OF
AUTHORITY FROM
MADE WITHOUT
ARE NOT TO BE
MODIFICATIONS
CIRCUIT
642 NBS642NBS
C
C CT
"B"
3 4 xx
5 6
1 2
W(S)E(N)CONNECTS TO M.P. 4.68 6’X8’
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8
NEW SHEET
CONSTRUCTION NOTES:
1.
POK (SEE STD DWG 930000 SERIES)
AS APPLICABLE.
FOR SMART RECTIFIER/POK/WMS CIRCUITS
SEE 930000-SERIES STANDARD DRAWINGS
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y
03.28.22 5K 1TKBG.1 ZANE AVENUE NORTH25’
3 4 T"A"
CCC
xx
1 2
5 6
7
8
= = = = = = = = = = = = = = =
Date:
Des:
Chk:
AFE:
Sh.:
DOT
MP:
ID:
12/07/23
PRS
72861
1
185033Y
4.28
GOLDEN VALLEY, MINNESOTA
ZANE AVENUE NORTH
GOLDEN VALLEY INDUSTRIAL LEAD
Omaha, Nebraska
'2007 UnionPacificRailroad
'2007 UnionPacificRailroad'2007 UnionPacificRailroad
'2007 UnionPacificRailroad
Office of AVP Engineering - Signal
UNION PACIFIC RAILROAD
0188428.1X
55’
NBS
970HZ
APPROACH
DOUGLAS DR.
NBS
DRIVEWAY
I.J.I.J.I.J.I.J.
43’96’312’CPRSDesigned:
Rec#:WO#:
IS:/
///
12/07/23
INSTALL FLS/GATES &
CWT AT
ZANE AVENUE NORTH
M.P. 4.28
72861
ANMPRS
REMOVE HARDWIRE SHUNT IN EAST APPROACH.
DRAWING 935582UP.
ORDER & INSTALL TAB 925 POK LIGHT PER STANDARD
2.
CONSTRUCTION NOTES:
1.
REMOVE HARDWIRE SHUNT IN EAST APPROACH.
DRAWING 935582UP.
ORDER & INSTALL TAB 925 POK LIGHT PER STANDARD
2.
GCP
AS A 120V TO 240V ADAPTER.
FOR 240V TO 240V IS PROVIDED AS WELL
PORTABLE GENERATOR EXTENSION CORD
25’
30’
15’
15’
TO BE VERIFIED BY FIELD
OFFSET AND ISLAND DISTANCES
TO PLYMOUTH TO GLENWOOD JCT.
TRANSMITTER AND RECEIVER LEADS
TOP OF FOUNDATION TO BE AT SAME ELEVATION
AS THE SURFACE OF THE TRAVELED WAY & NO
ALL LIGHTS TO BE 12" ROUNDELS.
LIGHTS:
NOTES:
ALL TRACK WIRES 2C. #6
INSULATED 1 TWIST PER FT.
RECOMMENDATION.
WIRE TO BE #6 AWG FLEX OR LARGER.
REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING.
ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX".
4" X 50’ CONDUIT 1T11T215’
=TWISTED WIRES
MORE THAN 4" ABOVE THE SURFACE OF THE GROUND.
ALL BUNGALOW WIRING TO BE #16 AWG FLEX
UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND
= = = = = =1R21R1 LED LIGHTS
xx = BELL
645HZ 15.2kHZ
TO BE SEPARATED BY AT LEAST 12" IN TRENCH,
1
15’
PRIME WARNING TIME = 25 SECONDS
5’3"
5’3"
TRK 1 ISLAND DISTANCE 132’ MINIMUM 120’ REQUIRED
PREFERRED ISLAND WIRE CONNECTIONS
ARE A MINIMUM 50’ FROM EDGE OF ROAD
LENGTHS SHOULD NOT EXCEED MANUFACTURER’S
881’ 25+5 SEC. @ 20 M.P.H. 881’ 25+5 SEC. @ 20 M.P.H.
SIGNAL DESIGN
THE OFFICE OF
AUTHORITY FROM
MADE WITHOUT
ARE NOT TO BE
MODIFICATIONS
CIRCUIT
642 NBS642NBS
C
C CT
"B"
3 4 xx
5 6
1 2
W(S)E(N)CONNECTS TO M.P. 4.68 6’X8’
MATERIAL NOTES; DELETE UPON "AC"
U.P. PART #520-0185
6X8 ALUMINUM CABIN6X8
NEW SHEET
POK (SEE STD DWG 930000 SERIES)
AS APPLICABLE.
FOR SMART RECTIFIER/POK/WMS CIRCUITS
SEE 930000-SERIES STANDARD DRAWINGS
Modification Level
Q.A. Last Level Checked
Last Level Mod This Typical
Last Level by Designer
Changed From Typical?
Rev
DW
DW
DW
Y
03.28.22 5K 1TKBG.1 ZANE AVENUE NORTH25’
3 4 T"A"
CCC
xx
1 2
5 6
7
8
= = = = = = = = = = = = = = =
Date:
Des:
Chk:
AFE:
Sh.:
DOT
MP:
ID:
12/07/23
PRS
72861
1
185033Y
4.28
GOLDEN VALLEY, MINNESOTA
ZANE AVENUE NORTH
GOLDEN VALLEY INDUSTRIAL LEAD
Omaha, Nebraska
'2007 UnionPacificRailroad
'2007 UnionPacificRailroad'2007 UnionPacificRailroad
'2007 UnionPacificRailroad
Office of AVP Engineering - Signal
UNION PACIFIC RAILROAD
0188428.1X
55’
NBS
970HZ
APPROACH
DOUGLAS DR.
NBS
DRIVEWAY
I.J.I.J.I.J.I.J.
43’96’312’CPRSDesigned:
Rec#:WO#:
IS:/
///
12/07/23
INSTALL FLS/GATES &
CWT AT
ZANE AVENUE NORTH
M.P. 4.28
72861
ANMPRS 60
Public Highway At-Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
2
EXHIBIT E
Public Highway At-Grade Crossing Agreement
DOT DOT# 185033Y, Project 0694536
EXHIBIT F
TO
PUBLIC HIGHWAY AT GRADE-CROSSING AGREEMENT
Exhibit F will be the AREMA Statement
61
62
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
3C. Adopt Resolution No. 24-052 Appointing Representative and Alternate to the LOGIS Board of
Directors
Prepared By
Noah Schuchman, City Manager
Summary
The City of Golden Valley is a member of the LOGIS consortium. As part of that membership, the City
has a board of directors seat and an alternate.
This resolution serves to appoint City Manager Noah Schuchman as the board member, with Deputy
City Manager Kirsten Santelices as the alternate.
Legal Considerations
None
Equity Considerations
None
Recommended Action
Motion to adopt Resolution No. 24-052 appointing City Manager Noah Schuchman as representative
and Deputy City Manager Kirsten Santelices as alternate representative to the LOGIS Board of
Directors.
Supporting Documents
Resolution No. 24-052 - Appointment to LOGIS Board of Directors
63
RESOLUTION NO. 24-052
RESOLUTION APPOINTING CITY MANAGER NOAH SCHUCHMAN AS REPRESENTATIVE AND
DEPUTY CITY MANAGER KIRSTEN SANTELICES AS ALTERNATE REPRESENTATIVE TO THE LOGIS
BOARD OF DIRECTORS
WHEREAS, the City of Golden Valley is a member of Local Government Information
Systems (“LOGIS”); and
WHEREAS, Section 6 of the LOGIS bylaws states that all LOGIS Members shall be assigned
the same classification and possess full corporate membership status including voting membership
on the board of directors and eligibility for membership on the executive committee; and
WHEREAS, each member city shall appoint a representative and alternate representative to
the LOGIS Board of Directors; and
WHEREAS, it is in the best interest of the City to have the City Manager and Deputy City
Manager represent the City in business matters, including representation on the LOGIS Board of
Directors.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley,
Minnesota, that City Manager Noah Schuchman is hereby appointed as Representative and Deputy
City Manager Kirsten Santelices is hereby appointed as Alternate Representative to the Local
Government Information System (LOGIS) Board of Directors.
This resolution replaces and supersedes all previous appointments, by vote or resolution, to the
City of Golden Valley LOGIS board seat on the LOGIS Board of Directors.
Adopted by the City Council of Golden Valley, Minnesota this 3rd day of September 2024.
____________________________
Roslyn Harmon, Mayor
ATTEST:
_______________________________
Theresa Schyma, City Clerk
64
EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
3D. Adopt Resolution No. 24-053 Approving Adopted MN POST Board Required Agency Policies
("Model Policies")
Prepared By
Brittany Froberg, Police Support Services Supervisor
Virgil Green, Police Chief
Summary
As of May 30, 2023, the Minnesota Peace Officer Standards and Training (POST) Board Rules
(6700.1515) mandate that all adopted MN POST Board Required Agency Policies ("model policies") be
published on the adopting agencies' websites.
Listed below are the Golden Valley Police Department's adopted Required Agency Policies, which must
be identical or substantially similar to the approved model policies, as per MN POST Board Rules.
Policies:
Allegations of Misconduct
Automated License Plate Reader
Avoiding Racial Profiling POST Model Policy
Confidential Informants
Criminal Conduct on School Buses
Domestic Abuse Response and Arrest
Eyewitness Identification Procedures
Lighting Exemption of Law Enforcement Vehicles
Police Pursuit
Predatory Offender and Community Notification
Procession of Property Seized for Administrative Forfeiture
Professional Conduct of Peace Officers
Public Assembly and First Amendment Rights
Response to Reports of Missing and Endangered Persons
Sexual Assault Investigation
Supervision of Part Time Peace Officers
Unmanned Aerial System
Use of Digital Audio Video Recording Equipment in Police Vehicles and Booking-Interview
Use of Force - Deadly Force
65
Financial or Budget Considerations
NA
Legal Considerations
NA
Equity Considerations
NA
Recommended Action
Motion to adopt Resolution No. 24-053 approving all adopted MN POST Board required agency
policies for the police department.
Supporting Documents
Resolution No. 24-053 - Adopting Mandated MN POST Board Required Agency Policies
POST Allegations of Misconduct Policy
Automated License Plate Reader Policy
Avoiding Racial Profiling POST Model Policy
Confidential Informants Model Policy
Criminal Conduct on School Buses Model Policy
Domestic Abuse Response and Arrest Model Policy
Eyewitness Identification Procedure Model Policy
Lighting Exemption Model Policy
Police Pursuit Model Policy
Predatory Offender and Community Notification Model Policy
Procession of Property Seized for Administrative Forfeitture
Professional Conduct of Peace Officers Model Policy
Public Assembly First Amendment Rights Model Policy
Response to Reports of Missing and Endangered Persons
Sexual Assault Investigation Policy
Supervision of Part Time Peace Officers Model Policy
Unmanned Aerial System Policy
Use of Digital Audio Video Recording Equipment in Police Vehicles and Booking-Interview
Use of Force Model Policy
66
RESOLUTION NO. 24-053
RESOLUTION ADOPTING 18 MANDATED MN POST BOARD REQUIRED AGENCY
POLICIES
WHEREAS,the City of Golden Valley Police Department is responsible for enforcing
compliance with the MN POST Board rules by adopting identical or substantially similar
agency policies; and
WHEREAS,the City of Golden Valley Police Department is mandated to publish all
adopted MN POST Board Required Agency Policies ("model policies") on the adopting
agencies' websites; and
WHEREAS,these policies are updates of current policies within the Golden Valley
Police Department Policy Manual, which are critical for safe and efficient Police Department
operations.
NOW THEREFORE BE IT RESOLVED,that the City Council for the City of Golden
Valley adopts the 18 updated mandated policies attached hereto as Exhibits.
Adopted by the City Council of Golden Valley, Minnesota this 3rd day of September, 2024.
_____________________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
67
Approved by the POST Board July 22, 2021 Page 1 of 5
GOLDEN VALLEY POLICE DEPARTMENT
ALLEGATIONS OF MISCONDUCT POLICY
MN RULES 6700.2200 through 6700.2600
I. PURPOSE
The purpose of this policy is to inform all employees and the public of procedures for
reporting, receiving, investigating and disposition of complaints regarding the conduct of
licensed peace officers of the (law enforcement agency). The provisions of this policy are
applicable only to the investigation and the disposition of allegations of administrative
misconduct. This policy does not apply to a criminal investigation.
II. POLICY
It is the policy of the (law enforcement agency) to accept and to fairly and impartially
investigate all complaints of misconduct to determine the validity of allegations; and to impose
any corrective actions that may be justified in a timely and consistent manner.
III. DEFINITIONS
For the purpose of this policy, the terms set forth below are defined as follows:
A. Administrative Investigation: An internal investigation conducted in response to a
complaint with the goal of determining whether an employee engaged in misconduct.
B. Chief Law Enforcement Officer means the chief of police, sheriff, state law enforcement
director or designee. Within this model policy, the chief law enforcement officer will be
referred to as CLEO.
C. Law Enforcement Officer means an individual who holds a peace officer license in the State
of Minnesota. Within this model policy, a law enforcement officer will be referred to as LEO.
D. Complainant means a person who submits a complaint to the Agency or CLEO alleging
misconduct by an agency member.
E. Complaint means a statement alleging behavior that constitutes misconduct.
F. Member means all voluntary and compensated personnel of the agency.
G. Discipline means any of the following or combination thereof:
Oral Reprimand
Written Reprimand
Suspension
Demotion
Discharge
H. Unfounded means there is no factual basis for the allegation. The act or acts alleged did
not occur.
68
Approved by the POST Board July 22, 2021 Page 2 of 5
I. Exonerated means a fair preponderance of the evidence established that either:
1. the agency member named in the complaint was not involved in the alleged
misconduct; or
2. the act(s) that provided the basis for the complaint occurred; however, the
investigation revealed that such act(s) were justified, lawful or proper.
J. Not Sustained means the investigation failed to disclose sufficient evidence to prove or
disprove the allegations made in the complaint.
K. Sustained means a fair preponderance of the evidence obtained in the investigation
established that the LEO’s actions constituted misconduct.
L. Policy Failure means that the complaint revealed a policy failure. The allegation is factual
and the LEO(s) followed proper agency procedure, however, that procedure has proven to
be deficient.
M. Respondent means an individual who is the subject of a complaint investigation.
N. Misconduct means:
1. a violation of an agency policy or procedure governing conduct of agency
members;
2. conduct by a peace officer that would be a violation of POST Standards of Conduct
per Minn. Rules 6700.1600
O. Policies and Procedures mean the administrative rules adopted by the agency
regulating the conduct of agency members.
P. Receiving Authority means the entity who receives and is required to investigate the
complaint when the subject of the complaint is a CLEO.
IV. PROCEDURE
A. ACCEPTANCE AND FILING OF COMPLAINTS
1. Complaint forms must be made available through agency personnel, at designated
public facilities, and online.
2. Complaints may be received either in person, over the telephone, in writing, or via the
internet. A complainant may remain anonymous. The complainant should be advised
that remaining anonymous may affect the investigation of the complaint.
3. A complainant may be accompanied by an attorney or other representative at the time
a complaint is filed or at any other stage of the process.
4. Employees must provide assistance to individuals who express the desire to lodge
complaints against any employee of this agency.
5. The complainant must be advised of the procedures for submitting the complaint and
provided with a copy of their submitted complaint.
69
Approved by the POST Board July 22, 2021 Page 3 of 5
6. The complainant should be asked to verify by signature if the complaint is a complete
and accurate account. If the complainant elects not to sign, this fact must be
documented and the complaint processed according to procedure.
7. The CLEO will forward a copy of the written complaint to the respondent only after it
is determined that the complaint does not allege a criminal violation and the notification
will not impede a criminal investigation.
8. A CLEO or Receiving Authority may delegate the duties and responsibilities required
of a CLEO by this policy to an appropriate designee(s).
9. Any complaint made against a chief of police must initially be made to the city
administrator, manager or mayor. Any complaint made against a sheriff must initially
be made to the county attorney, the county administrator or the board of county
commissioners.
10. The city administrator, manager, mayor, county attorney, county administrator or board
of county commissioners must refer investigations of alleged misconduct against a
CLEO to an outside law enforcement agency or criminal justice agency that has no
discernible conflict of interest.
B. INVESTIGATION OF A COMPLAINT
1. Upon receipt of the complaint, the CLEO must make an initial determination as to
whether or not the facts alleged require an administrative investigation. If the CLEO
decides that an investigation is not required, the disposition of the complaint must be
cleared as “unfounded”, “not sustained”, or “exonerated.” The complainant and the
respondent will be notified of this decision and the basis for determination. If the
complainant supplies additional information within thirty (30) days of that initial
determination, the CLEO may reverse this decision and order an administrative
investigation.
2. If the CLEO determines an administrative investigation is required, an appropriate
designee will be assigned to investigate the complaint. When the CLEO believes an
external investigation is appropriate or when the CLEO is the subject of the complaint,
the investigation will be assigned to an external agency that has no discernible conflict
of interest.
3. The investigator must inform the complainant of his or her name, business phone
number and the status of the complaint as soon as possible after being assigned the
investigation.
4. The investigator must thoroughly investigate all allegations contained in the complaint
and any other potential misconduct discovered in the course of the investigation. If the
investigation reveals potential misconduct by another agency member, the investigator
must report that fact to the CLEO or, in the case of a complaint against a CLEO, the
appropriate city administrator, manager, mayor, county attorney, county administrator
or board of county commissioners.
5. All agency members must cooperate with the investigation. When the respondent is
70
Approved by the POST Board July 22, 2021 Page 4 of 5
a licensed peace officer, the investigation must comply with the requirements of MN
STAT 626.89 and acts amendatory thereto.
6. The investigator must prepare a report that contains all relevant information organized
into the following three (3) sections:
Allegations: An itemized summary of the acts of misconduct alleged in the
complaint. Reference must be made to those rules, procedures, orders, statutes,
or constitutional provisions that would be violated if the allegations are taken as
true.
Investigation: A chronological summary of the investigation including all pertinent
facts obtained through interviews with the complainant, accused agency
member(s), and all available witnesses. Written statements, descriptions and
analysis of any physical evidence, and all other relevant information must be
included.
Conclusions: The investigator’s findings and conclusions as to whether any
misconduct occurred and the underlying reasons for the findings and conclusions.
7. The investigation must be completed within thirty (30) days of the filing of the complaint
unless the CLEO or Receiving Authority determines there is good cause to grant an
extension. The complainant and respondent must be informed of any extension.
C. ADDITIONAL INVESTIGATION, REVIEW AND DISPOSITION
1. Upon completion of the investigation, the investigator must submit the report, case file
and all investigative notes to the CLEO or Receiving Authority. The CLEO or Receiving
Authority may require additional investigation or make one of the following decisions:
Unfounded
Exonerated
Not Sustained
Sustained
Policy Failure
2. The CLEO or Receiving Authority may postpone making a decision until any related
criminal charges are resolved. The complainant and respondent must be informed of
this decision.
3. If the decision is “unfounded,” “exonerated,” “not sustained” or “policy failure” the
CLEO or Receiving Authority must immediately notify the complainant and the
respondent of the decision.
4. If the complaint is “sustained” the CLEO or Receiving Authority will:
Issue findings of fact including a summary of the acts constituting misconduct
and the specific statutes, policies, regulations and procedures violated; and
Take appropriate remedial and/or disciplinary action.
Advise the complainant of any public information regarding the disposition
5. Prior to the implementation of remedial and/or disciplinary action the respondent will
be provided with a copy of the findings of fact. The CLEO, Receiving Authority and/or
designee must review the findings of fact with the respondent and explain the reasons
71
Approved by the POST Board July 22, 2021 Page 5 of 5
for the remedial and/or disciplinary action.
6. The investigation may be re-opened by the CLEO or Receiving Authority at any time
if substantial new evidence is discovered concerning the complaint.
7. When a “sustained” disposition is final the respondent may appeal the disposition
pursuant to the rules and law governing the accused member's employment.
D. MAINTENANCE AND DISCLOSURE OF DATA
1. Disclosure to the public, complainant and respondent of data collected, created or
received by the agency in connection with this policy and procedure must be governed
by the provisions of the MN Government Data Practices Act. Retention of data
collected or maintained in connection with this policy must be retained in accordance
with the agency’s “Record Retention Schedule.”
2. All data collected, created or received by the agency in connection with this policy and
procedure must be maintained in accordance with the agency’s “Record Retention
Schedule.”
3. The placement of the disposition report or other data in an employee’s personnel file
must be governed by the agency’s personnel policy.
4. Access to data collected, created, or received in connection with this policy and
procedure may only be authorized by the CLEO or the agency’s Data Practices
“Responsible Authority,” and as provided by Chapter 13, the “Minnesota Government
Data Practices Act,” or valid court order.
E. POST BOARD REPORTING REQUIREMENTS
1. Under Minn. Rule 6700.1610, a licensed peace officer must self-report to the POST
Board any violations of the Standards of Conduct for peace officers listed in Minn.
Rule 6700.1600.
2. Any person with knowledge of peace officer misconduct constituting grounds for
action under Minn. Stat. chapter 214, or Minn. Rules 6700.1600, may report the
violation to the Board.
3. Minnesota Stat. 626.8457 Subd. 3 requires CLEOs to submit individual peace officer
public and private data related to allegations of misconduct to the POST Board in
“real time” via the POST Board Misconduct Reporting System.
4. A chief law enforcement officer must update data within 30 days of final disposition of
a complaint or investigation.
5. Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
Minn. Stat. 626.8457 Subd. 3 paragraph (b) to the Board. Any such confidentiality
agreement is void as to the requirements of this section.
72
G.P.1.33, page 1
GOLDEN VALLEY POLICE DEPARTMENT MANUAL
G.P. 1. 33
Automated License Plate Reader (ALPR)
Effective date: January 14, 2014 Revised November 2014 August 2015, January
2016 August 2017
I.PURPOSE
Automated license plate reader technology (ALPR) may be used to support a wide range
of public safety activities including revoked/suspended/canceled driver interdiction,
stolen vehicle recovery, enforcement of traffic regulations, apprehension of individuals
subject to an outstanding warrant, locate missing and endangered persons, and criminal
and terrorist investigations/interdiction. ALPR devices enable police officers to
recognize and take immediate action against vehicles and persons who are subject to
investigative detention or arrest. The data collected by ALPRs can also provide
investigative leads to identify known vehicles, to gather data about known suspect
vehicles, and to locate potential suspects, witnesses, or victims in the vicinity of a crime.
The purpose of this policy is to provide guidance for the collection, storage, and use of
data obtained using ALPR technology.
II.POLICY
The policy of the Golden Valley Police Department is to utilize ALPR technology to
capture and store digital license plate data and images while recognizing the established
privacy rights of the public. Any use of an ALPR system by the Golden Valley Police
Department shall comply with MSS § 13.824 and any other applicable statutes.
III.DEFINITIONS
Automated License Plate Reader (ALPR)
Per MSS § 13.824, Automated License Plate Reader means an electronic device mounted
on a law enforcement vehicle or positioned in a stationary location that is capable of
recording data on, or taking a photograph of, a vehicle or its license plate and comparing
the collected data and photographs to existing law enforcement databases for investigative
purposes. Automated license plate reader includes a device that is owned or operated by
a person who is not a government entity to the extent that data collected by the reader are
shared with a law enforcement agency.
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G.P. 1.33 page 2
Be on the Lookout (BOLO)
A determination by a law enforcement agency that there is a legitimate and specific law
enforcement reason related to an active criminal investigation to identify or locate a
vehicle.
Manual Hot List
A compilation of license plates or partial license plates for which a BOLO situation
exists, and that information is programmed by a user into the ALPR system so that an
officer will receive an alert if the ALPR reads a license plate that matches a license plate
included on the list.
Manual Hot Plate Entry
A determination by a law enforcement agency that there is a legitimate and specific law
enforcement reason related to an active criminal investigation to identify or locate a
vehicle.
Stored Data
All information captured by an ALPR and stored in the device’s memory or in a separate
storage device or system. This includes the recorded image of a license plate which has
been read, optical character recognition data, a contextual photo of the vehicle, GPS data,
ALPR device data, timestamp, and hotlist information. This term refers to both Alert
data and non-Alert data.
Alert Data
Information captured by an ALPR relating to a license plate that matches the license plate
on a BOLO or Hotlist.
Minnesota License Plate Data File
A data file provided by the Minnesota Department of Public Safety, Bureau of Criminal
Apprehension that contains FBI and Minnesota license plate related Hot File data on
stolen and felony vehicles, wanted persons, and attempts to locate. The FBI Hot File
records represent all 50 states, the District of Columbia, certain United States Territories,
and Canada. The file also contains license plate related data on Minnesota Driver and
vehicle Services registered vehicles where an operator’s license was withdrawn
(suspended, canceled, disqualified, or revoked). This file contains no live data.
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G.P.1.33 page 3
Read
The process by which the ALPR focuses on, photographs, and converts a picture of a
license plate to digital text that comes within a range of the ALPR that then may be
compared against the Minnesota License Plate Data File or Manual Hot List.
Designated Supervisor
A superior officer assigned to oversee and administer, or assist in overseeing and
administering, the use of the ALPR devices and/or stored ALPR data. There may be
more than one designated supervisor. The Police Chief will assign the Designated
Supervisor(s).
Historical ALPR Data
The process of accessing and reviewing stored ALPR data to gather information about
known vehicles, to identify unknown vehicles and/or to identify vehicles in the area of a
crime scene.
IV.PROCEDURE
A.Operations
Use of an ALPR is restricted to the purposes outlined below. Department members
shall not use, or allow others to use, the equipment or database records for any
unauthorized purpose.
1. An ALPR shall only be used for official law enforcement business.
2. An ALPR may be used in conjunction with any routine patrol operation or
criminal investigation. Reasonable suspicion or probable cause is not necessary
before using the ALPR.
3.While an ALPR may be used to canvass license plates around any crime scene,
consideration should be given to using ALPR-equipped cars to canvass around
homicides, shootings, and other major incidents.
4. No member of this department shall operate ALPR equipment or access ALPR
data without first completing department-approved training.
5.No ALPR operator may access confidential department, state, or federal data
unless authorized to do so.
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6.When an officer receives an alert on the ALPR, the system will notify the officer
visually and/or audibly to a match. The officer shall then verify the information is
current, by running the information through the real-time Criminal Justice
Information Services data system prior to acting.
7. Any problems with the ALPR system should be immediately reported to the
ALPR administrator or a supervisor.
B.BOLO/Hotlists Content and Use
1.A license plate number or partial license plate number shall only be included in a
Coon Rapids Police Department generated BOLO list when there is a legitimate and
specific law enforcement reason to identify or locate that vehicle or any person
reasonably believed to be associated with that vehicle.
2.BOLO/hotlists may be downloaded in batch from other databases including but not limited to those provided by the MN Department of Public Safety.
3.License plate information from BOLO/hotlists shall be added/removed as frequently as practicable.
4.A license plate number or partial license plate number shall only be entered in the
Coon Rapids Police Department Manual Hot List when there is legitimate and
specific law enforcement reason related to an active criminal investigation to
identify or locate that vehicle or any person reasonably associated with that vehicle.
5.If an Officer receives an alert based on a Manual Hot List entry, they must follow
Procedure Section V (6) and confirm that current legal justification exists to act on
the alert.
6.A Manual Hot List entry may not be used as a substitute for an entry into any other
databases such as Minnesota of FBI Hot Files, Nation Crime Information Center
(NCIC), or Keeping Our Police Safe (KOPS) files, if appropriate.
C.Restrictions, Notifications, and Audits
1.The Golden Valley Police Department will observe the following guidelines regarding ALPR use (Minnesota Statute § 13.824):
a.Data collected by an ALPR will be limited to:
1)License plate numbers
G.P. 1.33 page 4
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2) Date, time, and location of data captured
3) Pictures of license plates, vehicles, and areas surrounding the
vehicle captured
b.ALPR data may only be matched with the Minnesota license plate data
file, unless additional sources are needed for an active criminal
investigation.
c.ALPRs shall not be used to monitor or track an individual unless done so
under a search warrant or because of exigent circumstances.
d. The Minnesota Bureau of Criminal Apprehension shall be notified within
ten (10) days of any installation or use and of any fixed location of an
ALPR.
2.Log of Use Required
a.A public log of the use of an ALPR shall be maintained by the Coon Rapids Police Department, which contains:
1)Specific times of day that the reader actively collected data
2)The aggregate number of vehicles or license plates on which data are
collected for each period of active use and a list of all state and federal
databases with which the data were compared, unless the existence of
the database itself is not public
3)For each period of active use, the number of vehicles or license plates
in each of the following categories where the data identify a vehicle or
license plate that:
i.Has been stolen
ii.Alerts to a warrant for the arrest of the owner of the vehicle
iii.Alerts to an owner with a suspended or revoked driver's license or similar category
iv.Contains active investigative data
4)For a reader at a stationary or fixed location, the location at which the reader actively collected data and is installed and used.
G.P. 1.33 page 5
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G.P. 1.33 page 6
5)A list of the current and previous locations, including dates at
those locations, of any fixed stationary ALPRs or other
surveillance devices with ALPR capability used by the Golden
Valley Police Department
6)The list must be accessible to the public, unless the data is security information as defined by MSS § 13.37, Subd. 2.
3. Biennial Audit
a.An independent biennial audit of ALPR data shall be conducted to ensure:
1)Whether data currently in the records are classified
2)How the data are used
3) Whether the data are destroyed as required by MSS § 13.824 Subd.
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4)Compliance with authorization to access requirements specified by
MSS § 13.824 Subd. 7
b. The results of the audit are public
c.A report summarizing the results of each audit shall be provided to the
commissioner of administration, to the chairs and ranking minority
members of the committees of the house of representatives and the senate
with jurisdiction over data practices and public safety issues, and to the
Legislative Commission on Data Practices and Personal Data Privacy no
later than 30 days following completion of the audit.
V. DATA COLLECTION AND RETENTION
A.The Designated Supervisor is responsible for ensuring systems and processes are in
place for the proper collection and retention of ALPR data. All ALPR Stored Data
shall be kept in a secure data storage system with access restricted to authorized
persons.
B.The Department’s ALPR data record keeping system shall document the date, time,
authorized user, requester, and the reason code for historical searches used to gather
information about known vehicles.
C.ALPR data shall be retained in accordance with State of Minnesota data retention
schedules, after which, the data shall be purged from the data storage system. ALPR
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G.P. 1.33 page 7
data not associated with an active criminal investigation shall be destroyed no later
than 30 days from the date of collection.
VI.ACCESS AND USE OF STORED ALPR DATA
A.Only users authorized by the Police Chief or their designee may access stored ALPR data.
B.An authorized user may access stored ALPR data in a historical query only as part of an active investigation or for another legitimate law enforcement business purpose.
C.Once ALPR Stored Data has been identified as of evidentiary value, the ALPR data shall be copied to an investigative file.
VII.RELEASING ALPR DATA
The ALPR data may be shared with other law enforcement or prosecutorial authorities
for official law enforcement purposes or as otherwise permitted by law, using the
following procedures in accordance with Minnesota Statute § 13.824:
A.The agency makes a written request for the ALPR data that includes:
1.The name of the agency
2.The name of the person making the request
3.The intended purpose of obtaining the information
4.A record of the factual basis for the access and any associated case number, complaint, or incident that is the basis for the access
B.The request shall be reviewed by the Assistant Chief of Patrol, or another person authorized by the Police Chief or their designee
1.A release must, at a minimum, be on a reasonable suspicion that the data is pertinent to an active criminal investigation
C.The approved request shall be retained on file
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GOLDEN VALLEY POLICE DEPARTMENT
AVOIDING RACIAL PROFILING POLICY
Minn. Stat. 626.8471, subd.4
I. POLICY
It is the policy of the Golden Valley Police Department (law enforcement agency) to reaffirm
our commitment to impartial policing and to reinforce procedures that serve to assure the
public we are providing service and enforcing laws in a fair and equitable manner to all.
II. DEFINITION
Racial profiling has the meaning given to it in Minn. Stat. 626.8471, Sub. 2. Which states:
"Racial profiling," means any action initiated by law enforcement that relies upon the
race, ethnicity, or national origin of an individual rather than:
(1) The behavior of that individual; or
(2) Information that leads law enforcement to a particular individual who has been
identified as being engaged in or having been engaged in criminal activity.
Racial profiling includes use of racial or ethnic stereotypes as factors in selecting
whom to stop and search. Racial profiling does not include law enforcement's use of
race or ethnicity to determine whether a person matches a specific description of a
particular subject.
III. PROCEDURES
A. Policing impartially, not racial profiling, is standard procedure for this agency meaning:
1. Investigative detentions, pedestrian and vehicle stops, arrests, searches and property
seizures by peace officers will be based on a standard of reasonable suspicion or
probable cause in accordance with the Fourth Amendment of the United States
Constitution and peace officers must be able to articulate specific facts,
circumstances and conclusions that support reasonable suspicion or probable cause
for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual
searches and property seizures;
2. Except as provided in paragraph 3., Peace officers shall not consider race, ethnicity,
national origin, gender, sexual orientation and religion in establishing either
reasonable suspicion or probable cause; and
3. Peace officers may take into account the descriptors in paragraph 2. Based on
information that links specific, suspected, unlawful or suspicious activity to a particular
individual or group of individuals and this information may be used in the same
manner officers use specific information regarding age, height, weight, or other
physical characteristics about specific suspects.
B. In an effort to prevent the perception of biased law enforcement peace officers shall:
1. Be respectful and professional;
2. Introduce or identify themselves to the citizen and state the reason for the contact as
soon as practical unless providing this information will compromise officer or public
safety;
3. Ensure the detention is no longer than necessary to take appropriate action for the
known or suspected offense;
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4. Attempt to answer any relevant questions the citizen may have regarding the
citizen/officer contact including relevant referrals to other agencies when appropriate;
5. Provide their last name or badge number when requested.
6. Explain and/or apologize if it is determined the reasonable suspicion was unfounded
(e.g. after an investigatory stop).
C. Supervisors shall ensure all personnel in their command are familiar with the content of
this policy and are in compliance.
IV. DUTY TO REPORT
Every member of this department shall perform their duties in a fair and objective manner
and are responsible for promptly reporting any suspected or known instances of bias-
based policing to a supervisor. Members should, when reasonable to do so, intervene to
prevent any biased-based actions by another member.
V. VIOLATIONS
Alleged violations of this policy must be reported to POST in accordance with the
reporting requirements in Minn. Stat. 626.8457.
PB Rev 07/2022
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GOLDEN VALLEY POLICE DEPARTMENT
CONFIDENTIAL INFORMANTS POLICY
MN STAT 626.8476
Approved by the POST Board on 4/21/22 1
I. POLICY
It is the policy of the Golden Valley Police Department to establish procedures and protocols that take
necessary precautions concerning the recruitment, control and use of confidential informants.
II. DEFINITIONS
A. Confidential Informant (CI): A person who cooperates with a law enforcement agency confidentially in
order to protect the person or the agency’s intelligence gathering or investigative efforts and;
1. seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in which a
sentence will be or has been imposed, or receive a monetary or other benefit; and
2. is able, by reason of the person’s familiarity or close association with suspected criminals, to:
i. make a controlled buy or controlled sale of contraband, controlled substance, or other
items that are material to a criminal investigation;
ii. supply regular or constant information about suspected or actual criminal activities to a
law enforcement agency; or
iii. otherwise provide information important to ongoing criminal intelligence gathering or
criminal investigative efforts.
B. Controlled Buy: means the purchase of contraband, controlled substances, or other items that are
material to a criminal investigation from a target offender that is initiated, managed, overseen, or
participated in by law enforcement personnel with the knowledge of a confidential informant.
C. Controlled Sale: means the sale of contraband, controlled substances, or other items that are material
to a criminal investigation to a target offender that is initiated, managed, overseen, or participated in by
law enforcement personnel with the knowledge of a confidential informant.
D. Mental Harm: means a psychological injury that is not necessarily permanent but results in visibly
demonstrable manifestations of a disorder of thought or mood that impairs a person’s judgment or
behavior.
E. Target Offender: means the person suspected by law enforcement personnel to be implicated in
criminal acts by the activities of a confidential informant.
F. Confidential Informant File: means a file maintained to document all information that pertains to a
confidential informant.
G. Unreliable Informant File: means a file containing information pertaining to an individual who has
failed at following an established written confidential informant agreement and has been determined to
be generally unfit to serve as a confidential informant.
H. Compelling Public Interest: means, for purposes of this policy, situations in which failure to act would
result or likely result in loss of life, serious injury, or have some serious negative consequence for
persons, property, or public safety and therefore demand action.
I. Overseeing agent: means the officer primarily responsible for supervision and management of a
confidential informant.
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III. PROCEDURES
A. Initial Suitability Determination
An initial suitability determination must be conducted on any individual being considered for a role as a
CI. The initial suitability determination includes the following:
1. An officer requesting use of an individual as a CI must complete an Initial Suitability Report. The
report must be submitted to the appropriate individual or entity, as determined by the agency
chief executive, to review for potential selection as a CI. The report must include sufficient detail
regarding the risks and benefits of using the individual so that a sound determination can be
made. The following information must be addressed in the report, where applicable:
a. Age, sex, and residence
b. Employment status or occupation
c. Affiliation with legitimate businesses and illegal or suspicious enterprises
d. Extent to which potential information, associations, or other assistance could benefit a
present or future investigation
e. Relationship with the target of an investigation
f. Motivation in providing information or assistance
g. Risk of adversely affecting an existing or future investigation
h. Extent to which provided information can be corroborated
i. Prior record as a witness
j. Criminal history, to include whether he or she is the subject of a pending investigation, is
under arrest, or has been charged with a crime
k. Risk to the public or as a flight risk
l. Consultation with the individual’s probation, parole, or supervised release agent, if any
m. Consideration and documentation of the individual’s diagnosis of mental illness,
substance use disorder, traumatic brain injury, or disability; and consideration and
documentation of the individual’s history of mental illness, substance use disorder,
traumatic brain injury or disability
n. Relationship to anyone in law enforcement
o. Risk of physical harm to the potential CI or their immediate family or relatives for
cooperating with law enforcement
p. Prior or current service as a CI with this or another law enforcement organization
2. Prior to an individual’s use as a CI, a supervisor or other designated authority must review the
Initial Suitability Report and determine if the individual is authorized to serve as a CI.
3. Any prospective or current CI must be excluded from engaging in a controlled buy or sale of a
controlled substance if the prospective or current CI:
a. is receiving in-patient treatment or partial-hospitalization treatment administered by a
licensed service provider for a substance use disorder or mental illness; or
b. is participating in a treatment-based drug court program or treatment court; except that
c. the prospective or current CI may provide confidential information while receiving
treatment, participating in a treatment-based drug court program or treatment court.
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4. Documentation and special consideration must be made of the risks involved in engaging a
prospective or current CI in the controlled buy or sale of a controlled substance if the individual is
known, or has reported, to have experienced a drug overdose in the previous 12 months.
5. Any prospective or current CI who is known to abuse substances, or is at risk for abusing
substances, should be provided referral to prevention or treatment services.
6. Any prospective or current CI that has a physical or mental illness that impairs the ability of the
individual to understand instructions and make informed decisions should be referred to a mental
health professional or other appropriate medical professional, or a case manager/social worker
from the county social services agency, or other substance abuse and mental health services.
7. Each CI’s suitability must be reviewed every 6 months, at a minimum, during which time the CI’s
overseeing agent must submit a Continuing Suitability Report addressing the foregoing issues in
III.A.1.a–p, and III.A.3-6, where applicable. An initial suitability determination must be conducted
on a reactivated CI regardless of the length of inactivity.
8. Any information that may negatively affect a CI’s suitability during the course of their use must be
documented in the CI’s file and forwarded to the appropriate authorized personnel as soon as
possible.
9. Supervisors must review informant files regularly with the overseeing agent and must attend
debriefings of CIs periodically as part of the informant management process. If a CI is active for
more than 12 months, a supervisory meeting with the CI must be conducted without the
overseeing agent.
10. CI contracts must be terminated, and the CI file placed in inactive status when the CI has not
been utilized for 6 months or more.
B. Exigent Confidential Informants
1. Certain circumstance arise when an individual who has been arrested is willing to immediately
cooperate and perform investigative activities under the direction of an overseeing agent. In these
circumstances, the initial suitability determination can be deferred and an individual may be utilized
as a CI for a period not to exceed 12 hours from the time of arrest if:
a. The individual is not excluded from utilization as a CI under III.A(3)(a-c) of this policy; and
b. There is compelling public interest or exigent circumstances exist that demand immediate
utilization of the individual as a CI and any delay would significantly and negatively affect any
investigation; and
c. A supervisor has reviewed and approved the individual for utilization as a CI under these
circumstances.
2. Upon the conclusion of the 12-hour window, or at any time before, an initial suitability determination
must be conducted before the individual engages in any further CI activities.
C. Special CI Approval Requirements
Certain individuals who are being considered for use as a CI require special review and approval. In all
instances, the agency’s chief executive or their designee and the office of the prosecutor or county
attorney should be consulted prior to the use of these individuals as CIs. These individuals include the
following:
1. Juveniles
a. Use of a juvenile under the age of 18 for participating in a controlled buy or sale of a
controlled substance or contraband may be undertaken only with the written authorization
of the individual’s parent(s) or guardian(s), except that the juvenile informant may provide
confidential information.
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b. Authorization for such use should be granted only when a compelling public interest can
be demonstrated, except that
c. Juveniles under the guardianship of the State may not be used as a CI.
2. Individuals obligated by legal privilege of confidentiality.
3. Government officials.
D. General Guidelines for Overseeing CIs
General guidelines for overseeing CIs are as follows:
1. CIs must be treated as assets of the agency, not the individual overseeing agent.
2. No promises or guarantees of preferential treatment within the criminal justice system will be
made to any informant without prior approval from the prosecuting authority.
3. CIs must not be used without authorization of the agency through procedures identified in this
policy.
4. CIs must not be used to gather information purely of a political nature or for other information-
gathering efforts that are not connected with a criminal investigation.
5. Under no circumstances must an informant be allowed access to restricted areas or
investigators’ work areas within a law enforcement agency.
6. All CIs must sign and abide by the provisions of the agency’s CI agreement.
7. Any physical or mental illness that impairs the CI’s ability to knowingly contract or otherwise
protect the informant’s self-interest must be taken into consideration before the CI signs the
agreement.
8. The CI’s overseeing agent must discuss each of the provisions of the agreement with the CI, with
particular emphasis on the following:
a. CIs may voluntarily initiate deactivation, whereupon the protocols outlined in section E of
this policy must be followed.
b. CIs are not law enforcement officers. They have no arrest powers, are not permitted to
conduct searches and seizures, and may not carry a weapon while performing activities
as a CI.
c. CIs found engaging in any illegal activity beyond what is authorized by the agency and
conducted while under the supervision of an overseeing agent, will be subject to
prosecution.
d. CIs are prohibited from engaging in actions or activities that could be deemed
entrapment. The meaning of the term and implications of such actions must be explained
to each CI.
e. CIs are prohibited from engaging in self-initiated information or intelligence gathering
without agency direction and approval. The CI must not take any actions in furtherance of
an investigation without receiving specific instruction(s) from the overseeing agent or
agency.
f. Every reasonable effort will be taken to ensure the confidentiality of the CI but, upon
judicial order, he or she may be required to testify in open court.
g. CIs may be directed to wear a listening and recording device.
h. CIs must be required to submit to a search before and after a controlled purchase.
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i. CIs who participate in unplanned or unanticipated activities or meet with a subject(s)
under investigation in a location outside of the jurisdictional boundary of the handling
agency must promptly report that activity or meeting to their overseeing agents.
9. CI activity outside jurisdictional boundaries:
a. Investigators handling CIs who engage in operational activity in locations outside the
jurisdictional boundaries of the agency must coordinate with counterparts in law
enforcement agencies that have jurisdiction in that location where the CI will operate
before any activity occurs, or in a timely manner after unanticipated activity occurs and is
brought to the attention of the overseeing agent.
b. Any decision to defer or delay notice to or coordinate with an outside agency having
jurisdiction in the area where a CI has or may operate must be documented, reviewed,
and approved by the agency’s chief executive or their designee.
10. Officers must take the utmost care to avoid conveying any confidential investigative information
to a CI, such as the identity of other CIs, surveillance activities, or search warrants, other than
what is necessary and appropriate for operational purposes.
11. No member of this agency must knowingly maintain a social relationship with a CI, or otherwise
become personally involved with a CI beyond actions required in the performance of duty.
12. Members of this agency must not solicit, accept gratuities from, or engage in any private
business transaction with a CI.
13. Meetings with a CI must be conducted in private with another officer or agent present and with at
least one officer or agent of the same sex, except when not practical. The meeting location
should minimize the potential for discovery of the informant’s cooperation and provide sufficient
space to complete necessary administrative duties. The meetings must be documented and
subsequently entered into the individual’s CI file.
14. Overseeing agents must develop and follow a communications strategy and plan with the CI that
minimizes, to the greatest extent possible, the risk of discovery or compromise of the relationship
between the agency and the CI. This plan should also aim to prevent the detection, compromise,
or interception of communications between the overseeing agent and the CI.
15. Procedures must be instituted to assist CIs with concealing their identity and maintaining their
safety. Care should be given not to expose CIs to unnecessary safety risks.
16. Preceding or following every buy or sale of controlled substances, overseeing agents must
screen the CI for any personal safety or mental health concerns, risk of substance abuse, and/or
potential relapse in any substance abuse recovery.
a. At the request of the CI, or if the overseeing agent deems it necessary, reasonable efforts
should be taken to provide the CI with referral to substance abuse and/or mental health
services.
b. Overseeing agents must document:
i. the screening,
ii. any referral to services provided to, or requested by, the CI, and
iii. any refusal by the CI to participate in the screening and/or any refusal by the CI to
accept referral to services. Reasons for the CI’s refusal must be documented,
where applicable.
c. No part of this subsection supersedes MN Stat. 253B.05, sub.2.
17. Reasonable protective measures must be provided for a CI when any member of this agency
knows or should have known of a risk or threat of harm to a person serving as a CI and the risk
or threat of harm is a result of the informant’s service to this agency.
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18. Overseeing agents must:
a. evaluate and document the criminal history and propensity for violence of target
offenders; and
b. to the extent allowed, provide this information to the CI if there is a reasonable risk or
threat of harm to the CI as a result of the CI’s interaction with the target offender.
19. Reasonable efforts and precautions must be made to help protect the identity of a CI during the
time the person is acting as an informant.
20. Whenever possible, officers must corroborate information provided by a CI and document efforts
to do so.
21. The name of a CI must not be included in an affidavit for a warrant unless judicial authority is
obtained to seal the document from the public record or the CI is a subject of the investigation
upon which the affidavit is based.
22. Overseeing agents are responsible for ensuring that information of potential value to other
elements of the agency is provided promptly to authorized supervisory personnel and/or other
law enforcement agencies as appropriate.
23. Individuals leaving employment with the agency have a continuing obligation to maintain as
confidential the identity of any CI and the information he or she provided unless obligated to
reveal such identity or information by law or court order.
E. Establishment of an Informant File System
An informant file system must be established as follows:
1. The agency chief executive must designate a file supervisor who must be responsible for
developing and maintaining master CI files and an indexing system.
2. A file must be maintained on each CI deemed suitable by the agency.
3. An additional Unreliable Informant File must be established for CIs deemed unsuitable during
initial suitability determinations or at a later time.
4. Each file must be coded with an assigned informant control number for identification within the
indexing system and must include the following information, where applicable:
a. Name, aliases, and date of birth
b. Height, weight, hair color, eye color, race, sex, scars, tattoos, or other distinguishing
features
c. Emergency contact information
d. Name of the officer initiating use of the informant and any subsequent overseeing agents
e. Photograph and criminal history record
f. Current home address and telephone number(s)
g. Residential addresses in the last five years
h. Current employer, position, address, and telephone number
i. Social media accounts
j. Marital status and number of children
k. Vehicles owned and their registration numbers
l. Places frequented
m. Gang affiliations or other organizational affiliations
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n. Briefs of information provided by the CI and the CI’s subsequent reliability
o. Special skills and hobbies
p. Special areas of criminal expertise or knowledge
q. A copy of the signed informant agreement
5. CI files must be maintained in a separate and secured area.
6. The file supervisor must ensure that information concerning CIs is strictly controlled and
distributed only to officers and other authorities who have a need and a right to such information.
7. CI File Review
a. Sworn personnel may review an individual’s CI file only upon the approval of the agency’s
chief executive or their designee.
b. The requesting officer must submit a written request explaining the need for review. A
copy of this request, with the officer’s name, must be maintained in the individual’s CI file.
c. Officers must not remove, copy, or disseminate information from the CI file.
d. CI files must be reviewed only in designated areas of the law enforcement facility and
returned as soon as possible to their secure file location.
e. All disclosures or access to CI files must be recorded by the file supervisor, to include
information such as the requesting officer or agency, the purpose of access or disclosure,
the information conveyed, and the date and time of access or dissemination.
f. No portion of an individual’s CI file must be entered into any other electronic or related
database without controls sufficient to exclude access to all but authorized personnel with
a need and a right to know.
F. Deactivation of Confidential Informants
A CI deactivation procedure must be established as follows:
1. The overseeing agent must complete a deactivation form that includes, at minimum, the
following:
a. The name of the agency.
b. The name of the CI.
c. The control number of the CI, where applicable.
d. The date of deactivation.
e. The reason for deactivation.
f. A notification that contractual agreements regarding monetary re-numeration, criminal
justice assistance, or other considerations, specified or not, are terminated.
g. A notification that the agency will provide and assist the CI with referral to health services
for assistance with any substance abuse disorder and/or physical, mental, or emotional
health concerns, as requested or accepted by the CI.
h. A signature by the CI or documentation indicating the reason(s) why the CI was unable or
unwilling to sign the form.
i. A signature by the overseeing agent.
2. All reasonable efforts must be taken to maintain the safety and anonymity of the CI after
deactivation.
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G. Monetary Payments
Monetary payments must be managed as follows:
1. All monetary compensation paid to CIs must be commensurate with the value of the information
or assistance provided to the agency.
2. All CI payments must be approved in advance by the officer in charge of confidential funds.
3. Officers must provide accounting of monies received and documentation for confidential funds
expended. Any documentation of monies paid or received should not contain the true identity of
the informant but should use the CI’s control number.
4. Two officers must be present when making payments or providing funds to CIs.
5. The appropriate individual, as designated by the agency’s chief executive, must ensure that the
process for authorization, disbursement, and documentation of CI payments, as well as the
accounting and reconciliation of confidential funds, is consistent with agency policy.
6. If a CI is authorized to work with another law enforcement or prosecutorial agency, financial
payments must be coordinated between the agencies in a manner that is proportionate to the
assistance rendered to each agency and consistent with provision III.F.1. of this policy.
7. Written records of receipts are retained, or justification for the exception is documented when a
written receipt is not available.
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GOLDEN VALLEY POLICE DEPARTMENT
CRIMINAL CONDUCT ON SCHOOL BUSES POLICY
MN STAT 169.4581
I. POLICY
It is the policy of the Golden Valley Police Department (law enforcement agency) to
respond to allegations of criminal conduct which occur within our jurisdiction on school
buses. This agency shall work with and consult school officials, transportation personnel,
parents, and students when respond to these incidents to protect student safety and deal
appropriately with those who violate the law. This policy recognizes that responding to
reports of alleged criminal conduct on school buses within this jurisdiction is the
responsibility of this agency in cooperation with any other law enforcement agency that
has jurisdiction over the alleged offense. This policy is not intended to interfere with or
replace school disciplinary policies that relate to student misconduct on school buses.
II. PROCEDURE
This agency shall:
A. respond to calls for assistance from any citizen, school, or bus transportation company
official as they may pertain to criminal conduct on school buses;
B. issue citations, release pending further investigation, or apprehend and transport
individuals committing crimes on school buses, to the extent authorized by law;
C. investigate reports of crimes committed on school buses by using the same
procedures followed in other criminal investigations;
D. submit reports regarding the incident to superior officers and the prosecuting attorney
as required by agency policy;
E. follow through with any other investigation necessary to prepare a case pertaining to
criminal conduct on school buses as requested by the prosecuting attorney; and
F. provide information to the school regarding the incident as required or authorized by
law.
PB Rev 01/2011
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GOLDEN VALLEY POLICE DEPARTMENT
DOMESTIC ABUSE RESPONSE AND ARREST POLICY
Minn. Stat. 629.342
I. POLICY
It is the policy of the Golden Valley Police Department (law enforcement agency) to
recognize domestic abuse as a serious problem in today’s society. This agency’s policy is
to protect victims of domestic abuse by ensuring its peace officers understand the laws
governing this area.
Peace officers will utilize this policy in response to calls when there may be domestic abuse.
This policy prescribes courses of action peace officers should take in response to a domestic
call. This agency will aggressively enforce the laws without bias and prejudice based on
race, marital status, sexual orientation, economic status, age, disability, gender, religion,
creed, or national origin.
II. DEFINITIONS
For the purposes of this policy, the words and phrases in this section have the meanings
given to them, unless another intention clearly appears.
A. Domestic Abuse has the meaning given it in Minn. Stat. 518B.01, subd. 2(a), which
states:
"Domestic abuse" means the following, if committed against a family or
household member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) Threats of violence, within the meaning of section 609.713, subdivision 1;
criminal sexual conduct, within the meaning of section 609.342, 609.343,
609.344, 609.345, or 609.3451; or interference with an emergency call within the
meaning of section 609.78, subdivision 2.
B. Domestic Abuse Program means a public or private intervention project or advocacy
program which provides support and assistance to the victims of domestic abuse.
C. Child means a person under the age of 18.
D. Family or Household Member has the meaning given it in Minn. Stat. 518B.01, subd.
2(b)(1)-(7): spouses, former spouses, parents and children, persons related by blood,
and persons who are presently residing together or who have resided together in the
past, persons who have a child in common regardless of whether they have been
married or have lived together at any time, and persons involved in a significant romantic
or sexual relationship. It also includes a man and a woman if the woman is pregnant
and the man is alleged to be the father, regardless of whether they have been married
or have lived together at any time.
E. Domestic Call means a request for assistance to a law enforcement agency regarding
domestic abuse or any other crime against a family of household member.
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F. Qualified domestic violence-related offense (QDVRO) has the meaning given it in
Minn. Stat. 609.02, subd. 16 and includes a violation of or an attempt to violate a
domestic abuse order for protection; first or second degree murder; first through fifth
degree assault; domestic assault; female genital mutilation; domestic assault by
strangulation; first through fourth degree criminal sexual conduct; malicious punishment
of a child; threats of violence; violation of harassment restraining order; stalking;
interference with an emergency call; nonconsensual dissemination of private sexual
images; and violation of domestic abuse no contact order; and similar laws of other
states, the United States, the District of Columbia, tribal lands, and United States
territories.
If a person arrested for a domestic crime has a prior QDVRO, the new offense may be
chargeable as a higher-level crime. (See Enhancement Table appended hereto.)
G. Order for Protection (OFP) is an order issued under Minn. Stat. 518B.01 by a judge in
civil court upon the request of the petitioner. Any family or household member of the
abuser (called a respondent) may ask the court for an OFP. The relief granted to the
petitioner may include an order for the respondent to stop domestic abuse, no direct or
indirect contact with petitioner, temporary custody of minor children, temporary financial
support, and/or counseling for the respondent. Other forms or relief are also available.
Violating an OFP is a crime.
H. Domestic Abuse No Contact Order (DANCO) is an order issued under Minn. Stat.
629.75 by a judge in criminal court limiting contact between a defendant and a victim of
domestic abuse. DANCOs may be issued as pretrial condition of release and/or as a
probationary condition of sentence.
I. Harassment Restraining Order (HRO) is an order issued under Minn. Stat. 609.748 by
a judge in civil court when a petitioner requests a court order preventing another person
from having contact with him/her. These orders generally prohibit all contact of any kind
(including, but not limited to, phone calls, letters, e-mail, social media and contact
through a third party) and may limit the respondent ‘s ability to come within a certain
distance of the petitioner’s home, work or school. This type of order can be issued no
matter what the relationship between the individuals involved. Violating an HRO is a
crime.
J. Harassment has the meaning given to it in Minn. Stat. 609.748, subd. 1(a): a single
incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts,
words or gestures that have a substantial adverse effect or are intended to have a
substantial adverse effect on the safety, security, or privacy of another, regardless of the
relationship between the actor and the intended target.
K. Stalking has the meaning given to it in Minn. Stat. 609.749, subd. 1: engaging in
conduct which the actor knows or has reason to know would cause the victim under
the circumstances to feel frightened, threatened, oppressed, persecuted, or
intimidated, and causes this reaction on the part of the victim regardless of the
relationship between the actor and victim.
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III. PROCEDURE
A. DISPATCHING THE CALLS
1. Receiving the Domestic Call: Upon receiving a domestic call, the dispatcher will
assign domestic calls a high priority and should assign at least two officers to the
call. If only one officer is available, all reasonable attempts should be made to
obtain another officer to assist the officer who was initially dispatched.
2. Information to be Obtained: The dispatcher receiving a domestic call should
attempt to elicit from the caller and should communicate to the responding peace
officers as much of the following information as possible:
the nature of the incident,
the address of the incident, including apartment number, if applicable,
the telephone numbers where the caller can be reached,
whether weapons are involved or present in the dwelling,
whether someone is injured and the nature of the injury,
information about the suspect including whether the suspect is present,
description, direction of flight, mode of travel, etc.,
the relationship between the caller and the suspect,
whether there has been prior calls involving these individuals,
whether there is an order for protection (OFP), harassment restraining order
(HRO) or criminal pre-trial or probationary domestic abuse no contact order
(DANCO),
whether children are present at the scene, and
whether there are non-English speaking people, or people with mobility
impairments or hearing impairments at the scene.
If the caller is the victim, the dispatcher should attempt to keep the caller on the
telephone as long as possible and should tell the caller that help is on the way, and
when the caller can expect the peace officers to arrive.
If the caller is a witness to an incident in progress, the dispatcher should attempt to
keep the caller on the phone and should relay ongoing information provided by the
caller to the responding peace officers.
If the responding peace officers are some distance away, and the dispatcher cannot
remain on the telephone with the call/victim, the dispatcher should attempt to call
back periodically to check on the progress of events, and call again when the officers
arrive at the scene. If the dispatcher finds that a victim/caller who was recently
available suddenly cannot be reached by phone or there is a persistent busy signal,
the dispatcher should relay that information to the officers.
B. RESPONDING TO THE CALLS
1. Driving to the Scene: The peace officers should respond directly and without
unreasonable delay to the scene.
2. Initial Contact with Occupants: Upon arriving at the scene of a domestic call, the
responding officers should identify themselves as peace officers; explain their
presence, and request entry into the home. The officers should ask to see the
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person who is the alleged victim. The officers should separate parties prior to
taking statements. If the person who called the law enforcement agency is
someone other than the subject of the call, the officer should not reveal the caller’s
name. The officer should ensure all of the occupants are safe.
3. Entry
Refused Entry – If refused entry, the officers should be persistent about seeing
and speaking alone with the subject of the call. If access to the subject is
refused the officers should request the dispatcher to contact the caller.
Forced Entry – If access is still refused and the officers have reason to believe
that someone is in imminent danger the officers are permitted to force entry.
Search Warranty Entry – If the officers are refused entry and have no legal
grounds for forced entry and have reasonable grounds to believe a crime has
been committed, the officers should contact the appropriate authority to obtain
a search warrant.
4. First Aid: After securing the scene, the responding peace officers shall provide
the necessary first aid.
C. ARREST DECISIONS
1. Making Arrests: After securing the scene and providing any first aid, the peace
officers will conduct an assessment of the lethality of the situation based on the
totality of the circumstances and begin a criminal investigation to determine if there
is probable cause to believe a crime has been committed based on the evidence
and not solely upon the victim’s desire to make an arrest. The officers should
collect relevant physical evidence including weapons which may have been used,
take photographs of the scene or any injuries and take statements from the
involved parties and witnesses. Some of the evidence and statements include:
photos of the scene,
condition of clothing,
property damage,
evidence of physical injury including strangulation,
excited utterances of the victim and the suspect,
demeanor of the victim and the suspect,
medical records including the victim’s statements to paramedics, nurses and
doctors,
recorded interviews of witnesses including children who may have been
present,
evidence of any prior domestic abuse – related convictions including dates,
and
any existing OFPs, HROs or DANCOs.
NOTE: When determining probable cause, the peace officers should consider
their observations and any statements made by the parties involved and any
witnesses. Prior convictions may provide the basis for enhancement to a gross
misdemeanor or felony charges (see D below).
2. Factors Not to be Considered in Making the Arrest:
ownership, tenancy rights of either party, or the fact the incident occurred in a
private place,
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belief that the victim will not cooperate with criminal prosecution or that the
arrest may not lead to a conviction,
verbal assurances that the abuse will stop,
disposition of previous police calls involving the same victim or suspect,
denial by either party that the abuse occurred when there is evidence of
domestic abuse,
lack of a court order restraining or restricting the suspect,
concern about reprisals against the victim,
adverse financial consequences that might result from the arrest, or
chemical dependency or intoxication of the parties.
3. Predominant Aggressor and Dual Arrests: The agency shall discourage dual
arrest 1. Where there are allegations that each party assaulted the other, the peace
officer shall determine whether there is sufficient evidence to conclude that one of
the parties is the predominant aggressor based on the following criteria and the
officer’s judgment:
comparative extent of any injuries inflicted,
fear of physical injury because of past or present threats,
actions taken in self-defense or to protect oneself,
the history of domestic abuse perpetrated by one party against the other, or
the existence or previous existence of an order for protection.
4. Victim Request Not to Prosecute: If the officer finds probable cause to believe
a domestic abuse offense has been committed and intends to arrest but the
victim requests no arrest or prosecution, the officer should inform the victim that
the decision to arrest is the officer's and the decision to prosecute lies with the
prosecutor.
D. AUTHORITY AND TYPES OF ARREST
1. Warrantless Probable Cause Arrest for Fifth Degree Assault or Domestic
Assault: Although the general rule is that officers may not make probable cause
arrests for misdemeanors unless the offense occurs in their presence (or a citizen
who saw the crime requests an arrest) domestic assault is an exception. A peace
officer may arrest a person anywhere without a warrant, including at the person’s
residence, if the peace officer has probable cause to believe that the person has,
within the preceding 72 hours, assaulted, threatened with a dangerous weapon, or
placed in fear of immediate bodily harm any person covered by the “family or
household member” definition, even if the assault did not take place in the
presence of the peace officer (Minn. Stat. 629.341). A peace officer acting in good
faith and exercising due care in making an arrest pursuant to this statute is immune
from civil liability that might result from the officer’s action.
1 MN STAT 629.342 which mandates the development of a written domestic abuse arrest policy for every
law enforcement agency in the state specifies that the policy "shall discourage dual arrests, include
consideration of whether one of the parties acted in self defense, and provide guidance to officers
concerning instances in which officers should remain at the scene of a domestic abuse incident until the
likelihood of further imminent violence has been eliminated."
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NOTE: An arresting officer may not issue a citation in lieu of arrest and detention
to an individual charged with assaulting the individual’s spouse or other individual
with whom the charged person resides (Minn. Stat. 629.72).
2. Level of Arrest for Fifth Degree Assault and Domestic Assault:
Misdemeanor, Gross Misdemeanor and Felony: Assault in the Fifth Degree and
Domestic Assault are deemed misdemeanor offenses. However, changes in the
statutes have greatly increased the potential for arrests for these crimes at the
gross misdemeanor and felony level.
a) Gross Misdemeanors: Minn. Stat. 609.224, subd. 2(a), Assault in the Fifth
Degree, provides for an enhancement to a gross misdemeanor violation when
the offense is against the same victim within ten years of a previous qualified
domestic violence-related offense conviction or adjudication of delinquency in
Minnesota, or any similar law of another state.
If the charge is Domestic Assault (Minn. Stat. 609.2242) and the current victim
is a family or household member and the crime occurs within ten years of a
previous qualified domestic violence-related offense conviction or adjudication
of delinquency of any of the above offenses against any family or household
member, the same gross misdemeanor enhancement applies. The prior
conviction need not be against a member of the same family or household.
If there is a prior conviction for assault or terroristic threats against any person
within two years, a gross misdemeanor may also be charged.
b) Felonies: If a person commits Assault in the Fifth Degree against the same
victim within ten years of the first of any combination of two or more previous
qualified domestic violence-related offense convictions or adjudications of
delinquency, Assault in the Fifth Degree becomes a felony. The same
enhancement applies to Assault in the Fifth Degree against any victim
occurring within three years of the first of two or more of these convictions.
Domestic assault against a family or household member is also enhanceable
under the same circumstances except that the prior convictions may be against
any family or household member. According to Minn. Stat. 609.2247, subd. 2.,
whoever assaults a family or household member by strangulation is guilty of a
felony.
3. Stalking The acts which constitute stalking according to Minn. Stat. 609.749
include several which are frequently applicable to domestic abuse situations even
when no actual assault occurred.
a) Gross Misdemeanors: A person who stalks another by committing any of the
following acts is guilty of a gross misdemeanor:
1. directly or indirectly, or through third parties, manifests a purpose or intent
to injure the person, property, or rights of another by the commission of an
unlawful act;
2. follows, monitors, or pursues another, whether in person or through any
available technological or other means;
3. returns to the property of another if the actor is without claim of right to the
property or consent of one with authority to consent;
4. repeatedly makes telephone calls, or induces a victim to make telephone
calls to the actor, whether or not conversation ensues;
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5. makes or causes the telephone of another to repeatedly or continuously
ring;
6. repeatedly mails or delivers or causes the delivery by any means, including
electronically, of letters, telegrams, messages, packages, through
assistance devices for the visually or hearing impaired, or any
communication made through any available technologies or other objects;
or
7. knowingly makes false allegations against a peace officer concerning the
officer’s performance of official duties with intent to influence or tamper with
the officer’s performance of official duties.
Also, according to Minn. Stat. 609.749., subd.1a., the State does not have to
prove the actor intended to cause the victim to feel frightened, threatened,
oppressed, persecuted or intimidated. The intent of the defendant is
immaterial. Obtaining a complete domestic abuse history is usually the key
to making the determination that the current act, under the circumstances,
constitutes the crime of stalking.
b) Felony/Felony Enhancements: A person who commits any offense described in
3.a) (see above) against a victim under the age of 18, if the actor is more than
36 months older than the victim, and the act is committed with sexual or
aggressive intent, is guilty of a felony.
Any of the above gross misdemeanors is enhance able to a felony if committed
within ten years of a previous QDRVO conviction or adjudication of delinquency
OR if committed against a juvenile OR if committed while possessing a
dangerous weapon.
In addition, it is a felony to engage in a pattern of stalking conduct with respect
to a single victim or one or more members of a single household which the actor
knows or has reason to know would cause a reasonable person under the
circumstances to feel terrorized or to fear bodily harm and which does cause this
reaction on the part of the victim. According to Minn. Stat. 609.749, subd. 5, a
“pattern of stalking conduct” means two or more acts (convictions are not
necessary) within a five-year period that constitute any of the following offenses:
murder, manslaughter, threats of violence, fifth-degree assault, domestic
assault, violation of domestic abuse orders for protection, violation of harassment
restraining orders, certain trespass offenses, interference with an emergency
call, obscene or harassing telephone calls, letter, telegram, or package opening
or harassment, burglary, damage to property, criminal defamation, first- to fifth-
degree criminal sexual conduct, and violations of domestic abuse no contact
orders.
The stalking statute makes it more important than ever to document not just the
facts of the current police call but also the history of abuse or stalking.
c) Venue (Minn. Stat. 609.749, subp. 1b.): If a suspect commits acts of stalking in
different counties, the acts may be consolidated and prosecuted in any county in
which one of the acts was committed. If the conduct that constitutes stalking is
done through use of a wireless or electronic communication device, the conduct
can be prosecuted in the county where either the suspect or victim resides.
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4. Probable Cause Warrantless Arrest: The domestic abuse arrest statute (Minn.
Stat. 629.72) provides an officer may not issue a citation in lieu of arrest in
harassment/stalking, domestic abuse, violation of an order for protection, or violation
of a domestic abuse no contact order cases. According to Minn. Stat. 629.34,
subd.1(c)(5) an officer may also make a warrantless probable cause arrest even if
the offense did not occur in the officer’s presence if the officer has reasonable cause
to believe the offense was a gross misdemeanor or felony (no 72 hour restriction).
5. Probable Cause Felony Arrests for Other Crimes: At a domestic call peace
officers shall consider whether other felonies have been committed including but not
limited to, burglary, felony assault, threats of violence, kidnapping, false
imprisonment, and witness tampering.
NOTE: An Assault 5 may be chargeable as burglary in the first degree even if the
home is also the offender’s if the entry is made without consent of the victim and in
violation of an OFP barring the offender from the premises.
6. Violation of Court Orders: The peace officer shall verify whether any of the
following orders exist before or during an arrest. The peace officer or someone
acting at the officer’s direction may make this verification. Methods of verification
include personally seeing a copy of the order or obtaining verification from the court
or law enforcement agency that has the actual order. The police report shall include
identifying information of the specific court order violated, including county of origin,
the file number, and the provision allegedly violated.
a) Order for Protection (OFP): A peace officer shall arrest and take into custody
without a warrant a person who the peace officer has probable cause to believe
has violated any condition of an OFP granted pursuant to Minn. Stat. 518B.01,
subds. 6, 7, and 9. Such an arrest shall be made even if the violation of the order
did not take place in the presence of the peace officer, if the officer can verify the
existence of the order.
NOTE: Minn.Stat. 518B.01, subd. 18(a)(2), states that an OFP is not voided
even if the respondent was invited back to the residence by the petitioner, and
there is no hour limitation for a warrantless arrest for a violation of an OFP.
A violation of an OFP is a misdemeanor but is enhance able to a gross
misdemeanor if the offense occurs within ten years of discharge from sentence
for conviction of violation of an OFP or for any conviction of assault, terroristic
threats, violation of a harassment order or harassment/stalking. It is enhance
able as a felony if it occurs within ten years of discharge of the first of two or
more such convictions.
OFPs and DANCOs can be verified on the State MNJIS system, also known as
the Hot Files. HROs are not in the Hot Files system at this time but are still
enforceable.
b) Harassment Restraining Order (HRO): A peace officer shall arrest and take into
custody a person who the peace officer has probable cause to believe has
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violated a harassment restraining order pursuant to Minn. Stat. 609.748, subds.
4 and 5, if the officer can verify the existence of the order.
NOTE: A person who violates an HRO is guilty of a misdemeanor if the violator
knows of the order. This offense is enhance able to a gross misdemeanor if it
occurs within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency. Per Minn. Stat. 609.748, subd. 6, (d),
it is enhance able to a felony if the person knowingly violates the order:
(1) within 10 years of the first of two or more previous qualified domestic violence-
related offense convictions or adjudications of delinquency;
(2) because of the victim’s or another’s actual or perceived race, color, religion,
sex, sexual orientation, disability (as defined in section 363A.03), age, or national
origin;
(3) by falsely impersonating another;
(4) while possessing a dangerous weapon;
(5) with intent to influence or otherwise tamper with a juror or a judicial
proceeding or with intent to retaliate against a judicial officer, as defined in
section 609.414, or a prosecutor, defense attorney, or officer of the court,
because of that person’s performance of official duties in connection with a
judicial proceeding; or
(6) against a victim under the age of 18, if the respondent is more than 36 months
older than the victim.
c) Domestic Abuse No Contact Order (DANCO) (Minn. Stat. 629.75): A peace
officer shall arrest without a warrant and take into custody a person whom the
peace officer has probable cause to believe has violated a DANCO, even if the
violation of the order did not take place in the presence of the peace officer, if
the existence of the order can be verified by the officer.
The pretrial DANCO is sometimes continued at the time of sentencing with a
new, probationary DANCO issued as a condition of probation. This DANCO may
be valid for the full probationary period indicated in the order.
The court may rescind a DANCO at any time. However, a victim’s production of
a copy of an apparently valid court order, absent contrary evidence, provides a
prima facie basis for arrest whenever there is probable cause to believe a
violation of the order has occurred.
7. Other Misdemeanors: At a domestic call, the peace officer shall consider whether
other crimes have been committed including but not limited to trespassing, criminal
damage to property, disorderly conduct, witness tampering, or assault.
E. ASSISTANCE, STAYING AT THE SCENE, CRIME VICTIM RIGHTS, AND SERVICES
1. Staying at the Scene: If no arrest is made peace officers should remain at the
scene of the disturbance until they believe that the likelihood of further imminent
abuse has been eliminated. If a domestic abuse intervention program is available
the peace officer should make contact for immediate intervention.
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NOTE: Minn. Stat. 629.342 provides that when a peace officer does not make an
arrest, the peace officer must provide immediate assistance to the victim including
obtaining necessary medical treatment and providing the victim with the notice of
rights pursuant to Minn. State. 629.341, subd. 3.
2. Assistance to Non-English-Speaking Victims or Victims with Communication
Disabilities: The peace officer shall use the resource list established by the law
enforcement agency to contact a person to assist in those cases where the
participants in the domestic call, including the witnesses, are non-English speaking,
are hearing-impaired, or have other communication disabilities. The officer should
avoid the use of friends, family or neighbors serving as the primary interpreter for
the investigation.
3. Notice of Crime Victims’ Rights: The peace officer shall give the victim of a
domestic call a copy of the agency’s crime victim notification form.
NOTE: It is important to routinely review these forms to ensure that they are current,
in compliance with the law, and contain the name of the local domestic abuse
program. The Department of Public Safety, Office of Justice Programs, produces
the crime victim’s rights notice and serves as the contact for the victim’s rights
information.
4. Services: The peace officer should contact the local domestic abuse program by
phone as soon as possible on all arrest situations and provide the name and address
of the victim and a brief factual account of events associated with the action. This
section shall not apply if prohibited by the Minnesota Government Data Practices
Act (Minn. Stat. 13.82, subd. 10,).
F. CHILDREN
1. Child Victims: If a child is present at the scene of a domestic call or is the victim of
domestic abuse, the peace officer should determine whether the child has been
subjected to physical abuse, sexual abuse, or neglect, and comply with the
requirements of Minn. Stat. 626.556, Reporting of Maltreatment of a Minor. The
officers shall also attempt to verify whether there has been an Order for Protection
(Minn. Stat. 260C.201). If the child has been injured, the officer should escort the
child to the nearest hospital for treatment.
G. REPORTS AND FORMS
1. Written Report: Peace officers shall make a report after responding to a domestic
call. If the officer did not arrest or seek an arrest warrant even though arrest was
authorized, a detailed explanation of the reasons for the officer’s decision not to
arrest must be documented. The report should include the following:
detailed statements from the victim, suspect and witnesses;
description of injuries;
information about past abuse;
description of the scene;
predominant aggressor;
existence of language barriers;
presence of elderly victims or those with disabilities; and
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documentation of evidence.
H. FURTHER INVESTIGATION
1. A domestic call shall be turned over to the appropriate investigator for further follow-
up if appropriate. If there is an arrest, the investigator shall determine the
defendant’s criminal record, and if there is evidence of a previous conviction, the
peace officer should advise the prosecutors of any enhanced criminal sanctions
which may be available.
2. Notwithstanding the fact that the officer has decided not to arrest one of the
participants in the domestic call, the peace officer shall thoroughly document all
relevant information in the report and shall refer the report to the appropriate
prosecutor for review and consideration of criminal charges.
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Enhancements Table
Conviction means a plea of guilty or verdict of guilty accepted by the court (Minn. Stat.§ 609.02, subd. 5).
Discharge from Offense means the time between conviction and the end of 5 years following discharge from
sentence for that offense.
QDVRO means a “Qualified Domestic Violence Related Offense” which includes a violation of or an attempt to violate
a domestic abuse order for protection; first or second-degree murder; first through fifth-degree assault; domestic
assault; female genital mutilation; domestic assault by strangulation; first through fourth-degree criminal sexual
conduct; malicious punishment of a child; terroristic threats; violation of harassment restraining order; stalking;
interference with an emergency call; nonconsensual dissemination of private sexual images; and violation of
domestic abuse no contact order (DANCO); and similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories. (Minn. Stat. 609.02, subd. 16)
Offense Victim of
Offense Time Limit Prior Conviction Offense
Level
Assault 5
Same Victim
w/in 10 years of conviction QDVRO Gross
Misdemeanor
w/in 10 years of discharge
of 1st of 2 or more
convictions
QDVRO Felony
Any Victim
w/in 3 years of conviction QDVRO Gross
Misdemeanor
w/in 3 years of 1st of 2 or
more convictions QDVRO Felony
Domestic
Assault
Family/Household
Member
(as defined in
Minn. Stat.
518B.01, subd. 2.)
w/in 10 years of conviction QDVRO Gross
Misdemeanor
w/in 10 years of 1st of 2 or
more convictions for
Domestic Assault or Assault
5
QDVRO Felony
Malicious
Punishment Any Victim w/in 5 years of discharge
Assault 1-5, Domestic
Assault, Malicious
Punishment, Criminal
Sexual Conduct 1-4, or
Terroristic Threats
Felony
Violation of
Order for
Protection or
Harassment
Restraining
Order
Any Victim
w/in 10 years of conviction QDVRO Gross
Misdemeanor
w/in 10 years of discharge
of 1st of 2 or more
convictions
QDVRO Felony
Stalking Any Victim w/in 10 years of conviction QDVRO Felony
Interference
w/ Privacy Any Victim None Interference w/ Privacy
or Stalking
Gross
Misdemeanor
Example of Enhancement Reachback:
Arrest for Assault 5 & Malicious Punishment 1/1/2013
Plea (Accepted) to Assault 5 & Malicious Punishment (Conviction) 6/1/2013
Sentence of 2 years of probation 8/1/2013
Expiration of reachback for any victim for Assault 5 6/1/2016
Discharge from sentence 8/1/2015
Expiration of reachback for any victim for Malicious Punishment 8/1/2020
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Expiration of reachback for same victim for Assault 5 6/1/2023
PB Rev 04/2013
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GOLDEN VALLEY POLICE DEPARTMENT
EYEWITNESS IDENTIFICATION PROCEDURES POLICY
Minn. Stat. 626.8433
POLICY:
Officers with the Golden Valley Police Department shall adhere to the procedures
for conducting eyewitness identifications set forth in this policy, in order to
maximize the reliability of identifications, minimize erroneous identifications, and
gather evidence that conforms to contemporary eyewitness identification protocols.
Photo arrays and line-ups will be conducted by displaying the suspect and fillers
sequentially using a blind or blinded administration.
Purpose:
It is the purpose of this policy to establish guidelines for eyewitness identification
procedures involving show-ups, photo arrays, and line-ups. Erroneous eyewitness
identifications have been cited as the factor most frequently associated with
wrongful convictions. Therefore, in addition to eyewitness identification, all
appropriate investigative steps and methods should be employed to uncover
evidence that either supports or eliminates the suspect identification.
Definitions:
Definitions:
Show-up: The presentation of a suspect to an eyewitness within a short time
frame following the commission of a crime to either confirm or eliminate him or her
as a possible perpetrator. Show-ups, sometimes referred to as field identifications,
are conducted in a contemporaneous time frame and proximity to the crime.
Line-up: The process of presenting live individuals to an eyewitness for the
purpose of identifying or eliminating suspects.
Photo Array: A means of presenting photographs to an eyewitness for the purpose
of identifying or eliminating suspects.
Administrator: The law enforcement official conducting the identification
procedure.
Blinded Presentation: The administrator may know the identity of the suspect,
but does not know which photo array member is being viewed by the eyewitness at
any given time.
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Confidence Statement: A statement in the witness’s own words taken
immediately after an identification is made stating his or her level of certainty in the
identification.
Filler: A live person, or a photograph of a person, included in an identification
procedure who is not considered a suspect.
Sequential: Presentation of a series of photographs or individuals to a witness one
at a time.
Simultaneous: Presentation of a series of photographs or individuals to a witness
all at once.
Procedure:
1. Show-ups
The use of show-ups should be avoided whenever possible in preference to the use
of a lineup or photo array procedure. However, when circumstances require the
prompt presentation of a suspect to a witness, the following guidelines shall be
followed to minimize potential suggestiveness and increase reliability.
a. Document the witness’s description of the perpetrator prior to conducting
the show up.
b. Conduct a show-up only when the suspect is detained within a reasonably
time frame after the commission of the offense and within a close physical
proximity to the location of the crime.
c. Do not use a show-up procedure if probable cause to arrest the suspect
has already been established.
d. If possible, avoid conducting a show-up when the suspect is in a patrol
car, handcuffed, or physically restrained by officers, unless safety concerns
make this impractical.
e. Caution the witness that the person he or she is about to see may or may
not be the perpetrator—and it is equally important to clear an innocent
person. The witness should also be advised that the investigation will
continue regardless of the outcome of the show-up.
f. Do not conduct the show-up with more than one witness present at a time.
g. Separate witnesses and do not allow communication between them before
or after conducting a show-up.
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h. If one witness identifies the suspect, use a line-up or photo array for
remaining witnesses.
i. Do not present the same suspect to the same witness more than once.
j. Do not require show-up suspects to put on clothing worn by, speak words
uttered by, or perform other actions of the perpetrator.
k. Officers should scrupulously avoid words or conduct of any type that may
suggest to the witness that the individual is or may be the perpetrator.
l. Ask the witness to provide a confidence statement.
m. Remind the witness not to talk about the show-up to other witnesses until
police or prosecutors deem it permissible.
n. Videotape the identification process using an in-car camera or other
recording device when feasible.
o. Document the time and location of the show-up, the officers present, the
result of the procedure, and any other relevant information.
Line-up and Photo Array Procedures
2. Basic Procedures for Conducting a Line-up or Photo Array
a. Line-ups will not typically be utilized for investigations, unless conducting a
photo array is not possible.
b. Whenever possible, a blind presentation shall be utilized. In cases where a
blind presentation is not feasible for a photo array, a blinded presentation
should be used. Live line-ups must be conducted using a blind presentation.
c. The line-up or photo array should consist of a minimum of six individuals or
photographs. Use a minimum of five fillers and only one suspect.
d. Fillers should be reasonably similar in age, height, weight, and general
appearance and be of the same sex and race, in accordance with the
witness’s description of the offender.
e. Avoid the use of fillers who so closely resemble the suspect that a person
familiar with the suspect might find it difficult to distinguish the suspect
from the fillers.
f. Create a consistent appearance between the suspect and the fillers with
respect to any unique or unusual feature (e.g., scars, tattoos, facial hair)
used to describe the perpetrator by artificially adding or concealing that
feature on the fillers.
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g. If there is more than one suspect, include only one in each line-up or photo
array.
h. During a blind presentation, no one who is aware of the suspect’s identity
should be present during the administration of the photo array. However,
during a line-up, the suspect’s attorney should be present.
i. Place suspects in different positions in each line-up or photo array, both
across cases and with multiple witnesses in the same case.
j. Witnesses should not be permitted to see or be shown any photos of the
suspect prior to the line-up or photo array.
k. The witness shall be given a copy of the following instructions prior to
viewing the line-up or photo array and the administrator shall read the
instructions aloud before the identification procedure.
You will be asked to look at a series of individuals.
The perpetrator may or may not be present in the identification
procedure.
It is just as important to clear innocent persons from suspicion as it is to
identify guilty parties.
I don’t know whether the person being investigated is included in this
series.
Sometimes a person may look different in a photograph than in real life
because of different hair styles, facial hair, glasses, a hat or other
changes in appearance. Keep in mind that how a photograph was taken or
developed may make a person’s complexion look lighter or darker than in
real life.
You should not feel that you have to make an identification. If you do
identify someone, I will ask you to describe in your own words how
certain you are.
The individuals are not configured in any particular order.
If you make an identification, I will continue to show you the remaining
individuals or photos in the series.
Regardless of whether you make an identification, we will continue to
investigate the incident.
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Since this is an ongoing investigation, you should not discuss the
identification procedures or results
l. The line-up or photo array should be shown to only one witness at a time;
officers should separate witnesses so they will not be aware of the
responses of other witnesses.
m. Multiple identification procedures should not be conducted in which the
same witness views the same suspect more than once.
n. Officers should scrupulously avoid the use of statements, cues, casual
comments, or providing unnecessary or irrelevant information that in any
manner may influence the witnesses’ decision-making process or
perception.
o. Following an identification, the administrator shall ask the witness to
provide a confidence statement and document the witness’s response.
p. The administrator shall ask the witness to complete and sign an Eyewitness
Identification Procedure Form.
q. Line-up and photo array procedures should be video or audio recorded
whenever possible. If a procedure is not recorded, a written record shall be
created and the reason for not recording shall be documented. In the case
of line-ups that are not recorded, agents shall take and preserve a still
photograph of each individual in the line-up.
3. Photographic Arrays
a. Creating a Photo Array
1. Use contemporary photos.
2. Do not mix color and black and white photos.
3. Use photos of the same size and basic composition.
4. Never mix mug shots with other photos and ensure consistent
appearance of photograph backgrounds and sizing.
5. Do not include more than one photo of the same suspect.
6. Cover any portions of mug shots or other photos that provide
identifying information on the subject – and similarly cover other
photos used in the array.
7. Where the suspect has a unique feature, such as a scar, tattoo, or
mole or distinctive clothing that would make him or her stand out in
the photo array, filler photographs should include that unique feature
either by selecting fillers who have the same features themselves or
by altering the photographs of fillers to the extent necessary to
achieve a consistent appearance.
8. Fillers should not be reused in arrays for different suspects shown to
the same witness.
b. Conducting the Photo Array
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1. The photo array should be preserved, together with full information
about the identification process as part of the case file and
documented in a report.
2. If a blind administrator is not available, the administrator shall
ensure that a blinded presentation is conducted using the following
procedures.
a. Place the suspect and at least five filler photos in separate
folders for a total of six (or more depending on the number
of fillers used).
b. The administrator will take one folder containing a known
filler and place it to the side. This will be the first photo in
the series. The administrator should then shuffle the
remaining folders (containing one suspect and the remainder
of fillers) such that he or she cannot see how the line-up
members are ordered. These shuffled folders will follow the
first filler photo. The stack of photos is now ready to be
shown to the witness.
c. The administrator should position himself or herself so that
he or she cannot see inside the folders as they are viewed by
the witness.
3. The witness should be asked if he or she recognizes the person in
the photo before moving onto the next photo. If an identification is
made before all of the photos are shown, the administrator should
tell the witness that he or she must show the witness all of the
photos and finish showing the sequence to the witness, still asking
after each photo if the witness recognizes the person in the photo.
4. If possible, the array should be shown to the witness only once. If,
upon viewing the entire array the witness asks to see a particular
photo or the entire array again, the witness should be instructed that
he or she may view the entire array only one additional time. If a
second viewing is permitted, it must be documented.
4. Line-ups
a. Conducting the Line-up
1. Live line-ups shall be conducted using a blind administrator.
2. Ensure that all persons in the line-up are numbered consecutively
and are referred to only by number.
b. The primary investigating officer is responsible for the following:
1. Scheduling the line-up on a date and at a time that is convenient for
all concerned parties, to include the prosecuting attorney, defense
counsel, and any witnesses.
2. Ensuring compliance with any legal requirements for transfer of the
subject to the line-up location if he or she is incarcerated at a
detention center.
3. Making arrangements to have persons act as fillers.
4. Ensuring that the suspect’s right to counsel is scrupulously honored
and that he or she is provided with counsel if requested. Obtaining
proper documentation of any waiver of the suspect’s right to counsel.
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5. Allowing counsel representing the suspect sufficient time to confer
with his or her client prior to the line-up and to observe the manner
in which the line-up is conducted.
References:
References:
Sequential Photo Display Form
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Sequential Photo Display Form
SEQUENTIAL PHOTO DISPLAY FORM
(Witness Side)
Dept.: ________ C.N.: _____________ OFFENSE: __________ Lineup ID# _____
WITNESS: ______________ DOB _________ ADMINISTRATOR: _______________
DATE: __________ TIME: _______ INVESTIGATOR ASSIGNED: _______________
READ TO WITNESS BEFORE PHOTO DISPLAY:
__ 1. I am about to show you a set of photos. The person who committed the crime
[or: ______________________] may or may not be included.
(SELECT ONE OF THESE OPTIONS AND READ.)
___ 2. (IA) I do not know whether the person being investigated is included OR
___ 2. (FE) I do not know the order of the photos.
___ 3. Even if you identify someone during this procedure, I will continue to show
you all photos in the series.
___ 4. Keep in mind that a photo may be an old one. Some things, like hair styles,
can be changed, and skin colors may look slightly different in photographs.
___ 5. You should not feel you have to make an identification. It is just as
important to clear innocent persons as it is to identify the guilty. Whether or
not you identify someone, the investigation will continue.
___ 6. You will see only one photo at a time. They are not in any particular order.
Take as much time as you need to look at each one. You should avoid
discussing this procedure or the results with any other potential witness in
the case.
Please initial here if you understand these instructions. ____
(WITNESS TO INITIAL)
___________________________________________________________
____________
TO BE COMPLETED BY WITNESS AFTER PHOTO DISPLAY:
The sequential photo lineup I was shown consisted of ___ photos.
I am unable to select any photo as being the person(s) who _____________.
I have selected photo(s) # _____ as the person who ___________________.
(IF SELECTION MADE) How certain are you of your identification?
_____________________________________ Date: _____________ Time: _____
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Witness signature
(Have witness sign and date any photo picked and attach to this report.)
SEQUENTIAL PHOTO DISPLAY FORM
(Administrator Side)
C.N. ______________ Witness: __________________ Lineup ID #
________________
Administrator does does not know identity of suspect.
_________________________________________________________________________
_______
Instructions to administrator (READ BEFORE SHOWING PHOTO DISPLAY):
A sequential photo lineup must either be presented by an independent administrator [IA] (a
person who does not know the identity of the suspect) or, if unavailable, a functional
equivalent [FE] method must be used. Functional equivalent means (1) that the
administrator cannot see and does not know the order of the photos and (2) that the
witness knows the administrator does not know the order. Before beginning the photo
display, determine which of these two methods is used (IA or FE), select the appropriate
instruction # 2 and cross out the inapplicable # 2.
Fill out the case information on the top of the form. Read instructions on reverse side to
witness and have witness initial at end. Show photos one at a time. Only one photo at a
time may be visible. As each photo is displayed, ask “Is this the person who [insert crime]?”
If yes, ask, “How certain are you of your identification?” Even if identification is made,
continue showing remaining photos. After all photos have been displayed, repeat display
ONLY if witness requests it. In any repeat, ALL photos must be displayed in the same
sequence, even if the witness only requests to see a particular photo or photos again.
Ask witness to complete witness portion of the form and sign it. If any selection is made,
have the witness sign and date the photo (or photos) selected. The photo display used must
be preserved. (Attach copy to this form.) BE CAREFUL NOT TO PROVIDE ANY FEEDBACK TO
WITNESS ON EITHER IDENTIFICATION OR NON-IDENTIFICATION.
After witness has completed witness portion of the form, complete administrator portion of
the form. This includes asking the certainty question, administrator observations and
number of times display was shown. Departmental policy may also require a standard
supplementary report.
_________________________________________________________________________
To be completed during and after photo display:
Comments made by the witness to any photograph during the photo display (note photo #):
(If identification made) How certain are you of your identification?
Additional observations by administrator (e.g., any physical response or other comments by
witness):
Sequential lineup was shown once / _____ times
___________________________________ Date: _____________ Time: _________
Administrator's signature
Have witness complete front side. Attach copy of photo display used. Have witness
sign
and date any photo picked.
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GOLDEN VALLEY POLICE DEPARTMENT
LIGHTING EXEMPTION OF LAW ENFORCEMENT VEHICLES POLICY
MN STAT 169.541
I. POLICY
It is the policy of the Golden Valley Police Department (law enforcement agency) to provide
a uniform guideline for all department personnel to use when operating a department vehicle
without headlights, taillights or marine navigational lighting while functioning as a peace
officer.
II. DEFINITIONS
For the purpose of this policy the following definitions apply:
A. Vehicle: means a motor vehicle or watercraft owned, leased or otherwise the property
of the State of Minnesota or a political subdivision.
B. Lights: refers to headlights, taillights and marine navigational lighting as referenced in
MN STAT 84.87, 84.928, 169.48 to 169.65 and 86B.511.
III. PROCEDURE
A peace officer may not operate a vehicle without lights contrary to MN STAT 169.541.
LIGHTING EXEMPTION FOR LAW ENFORCEMENT; STANDARDS. under conditions
of limited or reduced visibility as defined in MN STAT 84.87, 84.928, 169.48 to 169.65 and
86B.511:
• on an interstate highway.
• at speeds greater than what is reasonable and prudent under existing weather, road and
traffic conditions.
• faster than the posted speed limit.
• in situations where the peace officer is an active participant in the pursuit of a motor
vehicle in violation of MN STAT 609.487.
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GOLDEN VALLEY POLICE DEPARTMENT
PURSUIT POLICY
Minn. Stat. § 626.8458
I. POLICY
The primary purpose of this policy is to ensure officers and any member of the Golden Valley
Police Department respects the sanctity of life when making decisions regarding vehicle pursuits.
Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the
risk of serious injury or death. The intent of this policy is to provide officers with guidance in
balancing the safety of the public, safety of other officers and themselves, and law enforcement's
duty to apprehend violators of the law, while minimizing the potential for pursuit related crashes.
II. GUIDING PRINCIPLES
• A decision to pursue should be based upon the totality of information and circumstances
reasonably known to the officer at the time the decision is made, recognizing that law
enforcement must often make immediate decisions with partial information.
• The safety of all persons involved in or by a police pursuit is of primary importance. It
also must balance the risks of the pursuit to the public and peace officers with the
consequences of failing to pursue (Minn. Stat. § 626.8458 Sub. 2 (1).
• No officer will be disciplined for terminating a pursuit.
• Officers, when responding to an emergency call or pursuing a fleeing vehicle shall, when
approaching a stop sign or red light, slow down as necessary for safety, but may proceed
cautiously if they sound a siren or display at least one red light to the front (Minn. Stat.
§169.03(2).
• The speed limitations do not apply to an authorized emergency vehicle responding to an
emergency call or vehicle pursuit, although this does not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the safety of
persons using the street, nor does it protect the driver of an authorized emergency vehicle
from the consequence of a reckless disregard of the safety of others (Minn. Stat. §169.
177). Officer(s) should consider reducing their speeds and ensuring that the way is clear
before proceeding thru an intersection or other locations where there is an increased
likelihood of a collision with another vehicle or pedestrian. Evaluation of vehicle speeds
should take into consideration public safety, officer safety and the safety of the occupants
of the fleeing vehicle.
• Involved officers should frequently re-evaluate factors and conditions to assess the
continuation of the pursuit.
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III. DEFINITIONS
A. Pursuit: An active attempt by a sworn member operating a patrol unit or specialty
unmarked unit to apprehend a driver of a motor vehicle who, having been given a visual
and audible signal by a peace officer directing said driver to bring their vehicle to a stop,
increases speed, extinguishes motor vehicle headlights or taillights, refuses to stop the
vehicle, or uses other means with intent to attempt to elude a peace officer (Minn. Stat.
§609.487).
B. Termination of a Pursuit: A pursuit is terminated when the pursuing officer(s) notify
dispatch, turn off their emergency lights and sirens, and reduce speed to the posted speed
limit.
C. Divided Highway: Any highway that is separated into two or more roadways by:
1. A physical barrier, or
2. A clearly indicated dividing section constructed so as to impede vehicular traffic.
D. Channeling: To direct vehicular traffic into a progressively narrowing passageway or lane
location on the roadway.
E. Compelling Path: The use of channeling technique with a modified roadblock located at
its narrowed end. The compelling path differs from a termination roadblock in that the
driver or any vehicle traveling the path has an exit option at the narrowed end.
F. Pursuit Intervention Technique (PIT): A driving maneuver designed to stop a fleeing
motorist by applying precision vehicle-to-vehicle-contact resulting in a predictable spin
of the suspect’s vehicle, bringing it to a stop.
G. Flee: The term "flee" means to increase speed, extinguish motor vehicle headlights or
taillights, refuse to stop the vehicle, or use other means with intent to attempt to elude a
peace officer following a signal given by any peace officer to the driver of a motor
vehicle (Minn. Stat. § 609.487 Subd. 1).
H. Primary Unit: The law enforcement unit that initiates a pursuit or any other unit that
assumes control of the pursuit.
I. Support Units: The primary responsibility is to remain in close proximity to the pursuing
vehicle(s) so that officers are immediately available to render aid or assistance to anyone
who may require it as a result of the pursuit. Support officers may also assume
responsibility for radio traffic, and do not take over/assume control of the pursuit.
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J. Other Assisting Units: Units not actively involved in the pursuit itself but assisting by
deploying stop sticks, blocking intersections, compelling paths, or otherwise working to
minimize risk.
K. Ramming: The deliberate act of impacting a fleeing offender’s vehicle with another
vehicle to functionally damage or otherwise force the violator to stop.
L. Portable Tire Deflation Device: A device that extends across the roadway and is designed
to puncture the tires of the fleeing offender’s pursued vehicle.
M. Blocking or vehicle intercept: A slow speed coordinated maneuver where two or more
law enforcement vehicles simultaneously intercept and block the movement of a suspect
vehicle, the driver of which may be unaware of the impending enforcement stop, with the
goal of containment and preventing a pursuit. Blocking is not a moving or stationary
roadblock.
N. Boxing-in: A tactic designed to stop a violator's vehicle by surrounding it with law
enforcement vehicles and then slowing all vehicles to a stop.
O. Paralleling: The practice of non-pursuing squad vehicles driving on streets nearby to the
active pursuit, in a manner parallel to the pursuit route. Parallel driving does not exempt
officers from obeying traffic laws. Minn. Stat. § 169.14, subd. 1.
IV. PROCEDURE
A. Pursuit Considerations – Minn. Stat §626.8458 Subd. 2 (2).
1. Pursuit is justified when the need for immediate apprehension or the risk to public
safety outweighs the risk created as a result of the pursuit.
2. Factors to be considered when weighing risks:
• Severity of the offense (in cases of non-violent offenses, officers should consider
terminating the pursuit).
• Speed of the pursuit
• Area of the pursuit (including the geographical area, time of day, amount of
vehicular and pedestrian traffic)
• Divided highways and one-way roads (Minn. Stat. § 169.03 Subd. 3)
• Approach to intersections that are controlled by traffic signals, signs, or other
location where there is an increased likelihood of a collision (Minn. Stat. §169.03)
• Environmental conditions (weather, visibility, road surface conditions)
• Special hazards (school zones, road construction, parades, special events)
• The ability to identify the offender at a later time
• Age of the suspect and occupants
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• Other persons in or on the suspect vehicle
3. Standards applied to the ongoing evaluation of a pursuit, as well as the decision to
continue a pursuit shall include the following considerations:
• The immediate need to apprehend the offender outweighs the risk created by the
pursuit.
● The dangers created by the pursuit exceed the dangers posed by allowing the
offender to escape.
● Involved officers should frequently re-evaluate factors and conditions to assess the
continuation of the pursuit.
B. Procedures & Tactics for an Officer Engaging in a Pursuit– Minn. Stat. §
626.8458 Subd. 2 (3)
1. Emergency vehicles shall be driven in a safe manner and with due regard for public
safety.
2. Emergency vehicles operating in emergency mode are permitted to violate certain
traffic regulations, when necessary, as long as the operator continues to exercise due
care in vehicle operation.
C. Responsibilities of the Primary Unit – Minn. Stat. § 626.8458 Subd. 2 (4)
The driver of the primary unit shall notify dispatch of the pursuit and shall provide at
least the following critical information to dispatch when possible:
o Travel direction/location/traffic and road conditions
o Reason for initial contact (specific violations)
o Identity of fleeing driver, if known
o Plate number, if available, and/or vehicle description
o Speed of fleeing vehicle
1. Provide relevant evolving information to dispatch
2. No officer will intentionally make vehicle-to-vehicle contact unless this action is in
conformance with agency policy on use of force (see agency policy on use of force)
3. Roadblocks must conform to the agency’s policy on use of force
4. Only law enforcement vehicles with emergency lights and siren will be used as pursuit
vehicles
5. Unmarked and low-profile agency vehicles may engage in pursuits until a marked
vehicle can take over as the primary vehicle. Officers shall not become engaged in
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pursuits while operating a non-departmental (private) motor vehicle or departmental
vehicles not equipped with required emergency equipment.
D. Procedures & Tactics for support units
1. Officers are authorized to use emergency equipment at intersections along the pursuit
path to clear intersections of vehicular and pedestrian traffic to protect the public.
2. When possible, non-pursuing personnel needed at the termination of the pursuit should
respond in a non-emergency manner, obeying all non-emergency traffic laws.
3. All participating units should operate under emergency conditions.
E. Supervision of Pursuit Activities
1. The use of a detached supervisor that is not directly involved in the pursuit, when
available, should be considered.
Based on the known information the supervisor, when available, shall monitor the
pursuit in order to take appropriate action to continue or terminate the pursuit (Minn.
Stat. §626.8458 Subd. 2 (4).
2. Procedures regarding control over pursuit activities should include:
• Verbally acknowledge they are monitoring the pursuit.
• Assess critical information necessary to evaluate the continuation of the
pursuit. Evaluate and ensure pursuit is within policy.
• Direct that the pursuit should be discontinued if it is not justified to continue under
the guidelines of this policy or for any other reason.
• Communicate to all involved units if the pursuit should be terminated
3. Options to keep in mind during a pursuit include, but are not limited to:
• Parallel pursuits
• Channeling techniques
• Creating a compelling path
• Air support
• Spike strips or other tire deflation device
• Pursuit Intervention Techniques (PIT)
• Blocking or Vehicle Intercept
• Boxing-in
● Other apprehension or GPS tracking methods - Minn. Stat. §626.8458 Subd 2 (3)
4. Post-pursuit chain of command notifications are required and shall be identified in
each agency’s policy.
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F. Dispatch Responsibilities
Upon notification that a pursuit has been initiated, Dispatch will be responsible for the
following (Minn. Stat. § 626.8458 Subd. 2 (4):
● Coordinate pursuit communications of the involved units and personnel.
● Notify and coordinate with other involved or affected agencies as practicable.
● Ensure that a supervisor, if available, is notified of the pursuit.
● Assign an incident number and log all pursuit activities.
● Broadcast pursuit updates as well as other pertinent information as necessary.
G. Factors Influencing the Termination of a Pursuit:
The driver of the primary unit and the supervisor shall continually evaluate the risks
and likelihood of a successful apprehension of the suspect and shall consider
terminating the pursuit under the following conditions.
1. The officer deems the conditions of the pursuit too risky for the safe continuation of
the pursuit.
2. A supervisor orders it terminated.
3. Information is communicated that indicates the pursuit is out of compliance with
policy.
4. Communication is broken.
5. Visual contact is lost for a reasonable period of time or the direction of travel cannot
be determined.
6. The suspect is known and could be apprehended later, and delaying apprehension does
not create a substantial known risk of injury or death to another.
H. Interjurisdictional Pursuit – Minn. Stat. § 626.8458 Subd. 2 (5).
1. The primary unit shall update critical information to the dispatcher before leaving its
jurisdiction.
2. The primary law enforcement vehicle shall remain the primary vehicle in other
jurisdictions unless the controlling pursuit authority transfers its authority to another
jurisdiction.
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3. Upon receiving notification the pursuit is entering another agency’s jurisdiction, the
dispatcher shall forward all critical information possessed by the dispatcher to that
agency.
4. When a pursuit enters this law enforcement agency’s jurisdiction:
• The dispatcher shall update the critical information to the shift supervisor or
other authorized individual identified by the law enforcement agency.
• The controlling pursuit authority shall determine if the pursuit is in
conformance with policy and shall provide appropriate direction to their units.
5. When a pursuit enters another agency's jurisdiction, the primary officer or supervisor,
taking into consideration distance traveled, unfamiliarity with the area and other
pertinent facts, should determine whether to request the other agency to assume the
pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally
recommended that the primary officer or supervisor ensure that notification is provided
to the dispatcher and to each outside jurisdiction into which the pursuit is reasonably
expected to enter, regardless of whether such jurisdiction is expected to assist (Minn.
Stat. § 626.8458 Subd. 2 (5).
If a pursuit from another agency enters the Department’s jurisdiction, Dispatch should
update the on-duty supervisor. No pursuit will continue into another state unless
permission is received from a supervisor, if available and as soon as is practical. Prior
to, or as soon as possible after crossing the state line, the dispatcher will notify the
appropriate out of state authority to coordinate the pursuit and the channels to be used
for communications.
I. Fresh pursuit outside state boundaries
Subject to the conditions identified under H.5. above the officer may continue the
pursuit across state lines with those states, which grant reciprocity. This would include
North Dakota, South Dakota, Iowa, and Wisconsin (Minn. Stat. §626.65, Uniform Law
on Fresh Pursuit; Reciprocal.)
J. Air Support
1. When available, aircraft assistance should be requested. Once the air unit has
established visual contact with the pursued vehicle, it should assume control over the
pursuit. The primary and secondary ground units should consider whether the
participation of an aircraft warrants their continued involvement in the pursuit (Minn.
Stat. § 626.8458 Subd. 2 (4)). The air unit should coordinate the activities of resources
on the ground, report progress of the pursuit and provide officers and supervisors with
details of upcoming traffic congestion, road hazards or other pertinent information to
evaluate whether to continue the pursuit. If ground units are not within visual contact
and the air unit determines that it is unsafe to continue the pursuit, the air unit should
recommend terminating the pursuit.
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K. Pursuit Summary Report
1. The primary officer and the supervisor shall file a pursuit summary report.
2. To ensure compliance with Minn. Stat. § 626.5532, the chief law enforcement officer
shall ensure the completion of the State pursuit report form and forward it to the
Commissioner of Public Safety within 30 days following the pursuit.
3. As required in Minn. Stat. §626.5532, the report must contain the following elements:
a) the reason(s) for, and the circumstances surrounding the pursuit;
b) the alleged offense;
c) the length of the pursuit in distance and time;
d) the outcome of the pursuit;
e) any injuries or property damage resulting from the pursuit; and
f) any pending criminal charges against the driver.
g) other information deemed relevant by the Commissioner of Public Safety.
L. Care and Consideration of Victims
If during a pursuit an officer observes or is made aware of an injury to an individual, the
officer shall immediately notify the dispatcher to have the appropriate emergency units
respond. Rendering assistance includes, but is not limited to:
Minn. Stat. §626.8458 Subd. 2 (6)
● Calling an ambulance
● Rendering first aid until the officers are no longer needed at the injury scene
● Summoning additional units to the scene for assistance with the injured persons and/or
traffic control
M. Use of Firearms
The use of firearms to disable a pursued vehicle is not generally an effective tactic and
involves all the dangers associated with discharging firearms. Officers should not discharge
firearms during an ongoing pursuit unless the conditions and circumstances meet the
requirements authorizing the use of deadly force. Nothing in this section shall be construed
to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a
deadly weapon.
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N. Capture of Suspects
Proper self-discipline and sound professional judgment are the keys to a successful
conclusion of a pursuit and apprehension of evading suspects shall be consistent with the
agency use of force policy and Minn. Stat. §609.06.
O. Evaluation and Critique
After each pursuit, the supervisor and law enforcement agency units involved with the
pursuit will evaluate the pursuit and make recommendations to the chief law enforcement
officer on ways to improve the agency's pursuit policy and tactics.
P. Training
In accordance with POST requirements, all sworn members shall be given initial and
periodic updated training in the department’s pursuit policy and safe emergency vehicle
operation tactics.
In accordance with Minn. Stat. §626.8458, the chief law enforcement officer shall provide
in-service training in emergency vehicle operations and in the conduct of police pursuits to
every peace officer and part-time peace officer employed by the agency who the chief law
enforcement officer determines may be involved in a police pursuit given the officer's
responsibilities.
This training shall comply with learning objectives developed and approved by the board
and shall minimally consist of at least eight hours of classroom and skills-based training
every five years. Continual training should also be considered for those officers authorized
to use the PIT maneuver, tire deflation device deployment, GPS tracking, and related
pursuit intervention procedures, tactics, and technologies.
If the chief law enforcement officer determines an officer will not be involved in police
pursuits, the CLEO must notify POST of the officer’s exemption status.
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GOLDEN VALLEY POLICE DEPARTMENT
PREDATORY OFFENDER REGISTRATION AND COMMUNITY
NOTIFICATION POLICY
MN STAT 243.166, 243.167, 244.10, 244.052, 244.053,
and MN STAT Chapter 13
I. POLICY
It is the policy of the Golden Valley Police Department to protect the public by disclosing
information on predatory offenders residing in this agency’s community. This agency will
decide what information to disclose and who to disclose it to based on the level of danger
posed by the offender, the offender's pattern of offending behavior and the needs of
community members to enhance their individual and collective safety.
II. DEFINITIONS
A. Predatory Offender Registration and Community Notification refers to the
Minnesota law that requires certain predatory offenders to register with the Minnesota
Department of Public Safety Predatory Offender Unit. The law also provides for
community notification about certain adult predatory offenders who have been
incarcerated by the Minnesota Department of Corrections (DOC) or confined by the
Minnesota Department of Human Services (DHS).
B. Offender Risk Levels means the level of notification is governed by the level of risk
assigned by the DOC.
Three possible risk levels can be assigned to an offender. They are:
Level 1 – low risk of re-offending
Level 2 – moderate risk of re-offending
Level 3 – high risk of re-offending
Note: Some offenders who are required to register as predatory offenders are not
assigned a risk level because their sentence was completed prior to predatory offender
legislation or because they have not spent time in state or federal prison. These
offenders are not subject to community notification.
III. REGISTRATION PROCEDURES
For questions concerning predatory offender registration refer to the Bureau of Criminal
Apprehension (BCA)’s Predatory Offender Registration website at www.dps.state.mn.us/bca
for detailed information, or contact the Predatory Offender Unit (BCA-POR) by calling (651)
793-7070 or 1-888-234-1248.
When an offender arrives to register with this agency, determine what state the offense was
committed in and if the individual is required to register by reviewing the list of registrable
offenses on the POR website.
If the offender is required to register, contact the BCA POR to verify the offender is already
registered and a DNA sample has been submitted.
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If the offender is already registered, complete a Change of Information Form included
on the BCA’s website at www.dps.state.mn.us/bca.
If the offender is not registered, complete a Predatory Offender Registration Form
included on the BCA’s website at www.dps.state.mn.us/bca.
If the offender is from another state, contact the state (information for each state is listed
on the BCA’s website at www.dps.state.mn.us/bca) and request a copy of the offender’s
original registration form, criminal complaint and sentencing documents.
It is recommended the agency verify the address of offenders living in their community.
If the offender is not living at the registered address, contact the BCA-POR to determine
if a Change of Information Form was submitted. If it was not, the offender may be
charged with failure to notify authorities of a change in residence. To make this charge,
contact the BCA-POR to request a prosecution packet. Submit the packet to the county
attorney’s office to file a formal charge.
Note: It must be verified that the offender is no longer residing at his/her last address
prior to submitting the prosecution packet for charging. Depending on the county
attorney, formal statements may be needed from friends, co-workers, neighbors,
caretakers, etc.
IV. COMMUNITY NOTIFICATION PROCEDURES
For questions regarding community notification or the risk level assigned to an offender
contact the Risk Assessment/Community Notification Unit of the Department of Corrections
(DOC RA/CN Unit) at 651-361-7340 or at notification.doc@state.mn.us. The DOC will
answer questions about the notification process and agency responsibilities. The DOC is
also available to assist agencies in conducting public notification meetings when an offender
subject to notification moves into a law enforcement jurisdiction.
Attached to this policy are examples of forms that are provided to law enforcement agencies
by the DOC to assist them in performing community notifications:
1. CONFIDENTIAL - Fact Sheet - Law Enforcement Agency Use Only
2. Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota-Risk Level
Two
3. Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota-Risk Level
Three
4. Law Enforcement Fact Sheet - Health Care Facility Notification - Information on a
Registered Offender Not for Distribution to Facility Residents
5. Law Enforcement Fact Sheet - Health Care Facility Notification - Information on a
Registered Offender for Distribution to Facility Residents
6. VICTIM DATA - CONFIDENTIAL - For Law Enforcement Agency Use Only
A. Notification Process
Law enforcement agencies receive information from the BCA and DOC pertaining to the
risk levels of offenders. The duty of law enforcement to provide notification depends on
the risk level assigned as described below. Public notification must not be made if an
offender is placed or resides in one of the DOC licensed residential facilities (halfway
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houses) operated by RS-Eden, Alpha House, 180 Degrees, Damascus Way, or Bethel
Work Release. Do NOT disclose any information until the law enforcement agency is
notified the offender will move to a residential location.
Level 1 – Information maintained by law enforcement and may be subject to limited
disclosure. See attachment 1: Confidential Fact Sheet – For Law Enforcement Agency
Use Only.
• Mandatory disclosure
o Victims who have requested disclosure
• Discretionary disclosure
o Other witnesses or victims
o Other law enforcement agencies.
Level 2 – Information subject to limited disclosure for the purpose of securing institutions
and protecting individuals in their care while they are on or near the premises of the
institution. See attachment 2: Law Enforcement Agency Fact Sheet – Notification of
Release in Minnesota – Risk Level 2.
• In addition to Level 1 disclosures, the law enforcement agency may disclose
information to:
o Staff members of public and private educational institutions, day care
establishments and establishments that primarily serve individuals likely
to be victimized by the offender.
o Individuals likely to be victimized by the offender.
• Discretionary notification must be based on the offender’s pattern of offending or
victim preference as documented by DOC or DHS.
Level 3 – Information subject to disclosure, not only to safeguard facilities and protect
the individuals they serve, but also to protect the community as a whole. See attachment
3: Law Enforcement Agency Fact Sheet – Notification of Release in Minnesota.
• In addition to Level 2 disclosures, law enforcement shall disclose information to
other members of the community whom the offender is likely to encounter, unless
public safety would be compromised by the disclosure or a more limited
disclosure is necessary to protect the identity of the victim.
• A good faith effort must be made to complete the disclosure within 14 days of
receiving documents from DOC.
• The process of notification is determined by the agency. The current standard
for a Level 3 offender is to invite the community to a public meeting and disclose
the necessary information. Assistance is available from DOC RA/CN Unit.
B. Health Care Facility Notification
Upon notice that a registered predatory offender without a supervising agent has been
admitted to a health care facility in its jurisdiction, law enforcement shall provide a fact
sheet to the facility administrator with the following information: name and physical
description of the offender; the offender’s conviction history, including the dates of
conviction; the risk level assigned to the offender, if any; and the profile of likely victims.
See attachment 4: Law Enforcement Agency Fact Sheet - Health Care Facility
Notification Information on a Registered Offender Not For Distribution to Facility
Residents & attachment 5: Law Enforcement Agency Fact Sheet - Health Care Facility
Notification Information on a Registered Offender For Distribution to Facility Residents.
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C. Specialized Notifications
1. Offenders from Other States and Offenders Released from Federal Facilities
Subject to Notification
If a local law enforcement agency learns that a person under its jurisdiction is
subject to registration and desires consultation on whether or not the person is
eligible for notification, the agency must contact the DOC. The DOC will review the
governing law of the other state and, if comparable to Minnesota requirements,
inform law enforcement that it may proceed with community notification in
accordance with the level assigned by the other state.
If DOC determines that the governing law in the other state is not comparable,
community notification by law enforcement may be made consistent with that
authorized for risk level 2.
In the alternative, if a local law enforcement agency believes that a risk level
assessment is needed, the agency may request an end-of-confinement review.
The local law enforcement agency shall provide to the DOC necessary documents
required to assess a person for a risk level.
2. Victim Notification
Law enforcement agencies in the area where a predatory offender resides, expects
to reside, is employed, or is regularly found shall provide victims who have requested
notification with information that is relevant and necessary to protect the victim and
counteract the offender’s dangerousness.
DOC will provide victim contact information to the law enforcement agency when
there is a victim who has requested notification. See attachment 6: VICTIM DATA –
CONFIDENTIAL – For Law Enforcement Agency Use Only.
Law enforcement personnel may directly contact the victim. Community victim
advocacy resources may also be available to assist with locating a victim and with
providing notification. Assistance is also available from the DOC Victim Services
staff.
Law enforcement also may contact other victims or witnesses as well as other
individuals who are likely to be victimized by the offender.
3. Homeless Notification Process
If public notice (Level 2 or 3) is required on a registered homeless offender, that
notice should include as much specificity as possible, for example “in the vicinity
of_____”. These offenders are required to check in with local law enforcement on a
weekly basis.
PB Rev 01/2011
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GOLDEN VALLEY POLICE DEPARTMENT
PROCESSION OF PROPERTY SEIZED
FOR ADMINISTRATIVE FORFEITURE
MN STAT 609.531
POLICY
It shall be the policy of the Golden Valley Police Department that all employees of the
agency, all employees assigned to another law enforcement agency’s task force and all
employees assigned from an outside law enforcement agency to a task force in which this
agency serves as the fiscal agent, shall follow all state and federal laws pertaining to the
processing of property seized for forfeiture. Training will be provided by the employing law
enforcement agency in consultation with the prosecuting authority to officers who may
exercise the use of administrative forfeiture in the performance of their assigned
duties. Such training to be conducted whenever the agency policy is changed or modified
based upon administrative directives, legislative statutes changes and/or relative court
decisions. Training may include but not limited to agency policy, directives, electronic or
traditional classroom education.
DEFINITIONS
Cash: money in the form of bills or coins, traveler’s checks, money orders, checks
or other forms of electronic money or stored value cards, including but not limited to
gift cards, debit cards, gift cards/certificates or other negotiable financial instruments.
Conveyance Device: a device used for transportation and includes but is not limited
to a motor vehicle, trailer, snowmobile, airplane or vessel and any equipment
attached to it. The term "conveyance device" does not include property, which is, in
fact, itself stolen or taken in violation of the law.
Firearms/ammunition/firearm accessories: a device that projects either single or
multiple projectiles at high velocity. Ammunition is a term meaning the assembly of
a projectile and its propellant. Accessories include but are not limited to holsters,
gun cases, fire arm optics, suppression devices, cleaning supplies, etc.
Forfeiture: the process by which legal ownership of an asset is transferred to a
government or other authority.
Jewelry/Precious Metals/Precious Stones: The term “precious metals/precious
stones” includes items of jewelry such as rings, necklaces and watches that
reasonably appear to be made of precious metals or precious stones. Precious
metals include but are not limited to gold, silver, platinum, iridium and palladium.
Precious stones, often referred to as gemstones, include but are not limited to
diamonds, emeralds and rubies.
Forfeiture/Seized Property Reviewer: an Agency employee responsible for
reviewing all forfeiture cases and is the liaison between the Agency and prosecutor’s
office.
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Seizure: the act of law enforcement officials taking property, including cash,
vehicles, etc. that has been used in connection with or acquired by illegal activities.
SEIZED PROPERTY SUBJECT TO ADMINISTRATIVE FORFEITURE
The following property may be seized and is presumed under MN STAT 609.5314
to be subject to administrative forfeiture if the item has a retail value of $50,000.00
or less:
All money, precious metals and precious stones found in proximity to:
• c ontrolled substances;
• f orfeitable drug manufacturing or distributing equipment or devices; or
• f orfeitable records of manufacture or distribution of controlled
substances.
All conveyance devices containing controlled substances with retail value of
$100 or more if possession or sale of the controlled substance would be a felony
under MN STAT Chapter 152.
All firearms, ammunition and firearm accessories found:
• in a conveyance device used or intended for use to commit or facilitate
the commission of a felony offense involving a controlled substance;
• on or in proximity to a person from whom a felony amount of controlled
substance is seized; or
• on the premises where a controlled substance is seized and in proximity
to the controlled substance, if possession or sale of the controlled
substance would be a felony under MN STAT Chapter 152.
Situations in which forfeiture should not be pursued:
• Seizure of property not listed above must be processed, reviewed and
approved by the unit supervisor.
PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS
When any property as described in the above section is seized, the peace
officer making the seizure must prepare the following:
• The proper Notice of Seizure and Intent to Forfeit Property form. This
form must be completed to include the following: a list describing each
item seized, the name of the individual served with the Notice, location,
and the date of seizure. Administrative forfeiture notices are NOT to be
given for assets seized under MN STAT 609.5314 if the retail value of
the asset exceeds $50,000.00.
• A receipt for the item(s) seized.
The Notice form also contains information in English, Hmong, Somali and
Spanish concerning the right to obtain judicial review and the procedure under
MN STAT 609.5314 to follow to obtain it. The form must be dated and signed
by the peace officer conducting the seizure. An agency case number must be
included on the form. The individual from whom property is seized must be
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given an opportunity to sign the seizure notice form. If the person refuses , the
peace officer conducting the seizure must check the appropriate box indicating
the refusal to sign. If property is seized from multiple individuals, a separate
seizure form will be completed for each individual. A copy of the seizure form
must be given to the individual served.
All property subject to and being processed for forfeiture through the agency
must be held in the custody of the agency.
The peace officer conducting the seizure shall forward the original and pink
copy of the seizure notices, seized property processing worksheets, property
receipts and reports to the Forfeiture/Seized Property Reviewer within 10 days
of seizure.
The peace officer conducting the seizure shall inform the Forfeiture/Seized
Property Reviewer of the estimated retail value of drugs found in proximity to
the asset seized.
Cash
Peace officers shall not seize cash having an aggregate value less than
(Agency Discretion), unless pre-recorded buy funds are included in the cash
seized. Cash shall be recounted and the amount verified by another employee of
the Agency. The property bag and/or inventory receipt shall then be co-signed when
cash is involved.
All forfeitable cash seized will be turned over to the Forfeiture/Seized Property
Reviewer or property/evidence room as soon as practicably possible (Agency
Discretion) of the seizure.
Prior to deposit with the Forfeiture/Seized Property Reviewer, peace officers
shall examine all cash seized to determine whether it contains any buy funds.
Peace officers shall document the recovery of all buy funds and deposit those
funds with the Forfeiture/Seized Property Reviewer to be returned to the
appropriate unit’s buy fund account.
Peace officers seizing cash shall also prepare a property inventory. If cash is seized
from multiple individuals, a property inventory receipt will be completed for each
individual. The property inventory receipt shall specify the total amount of cash
seized from each individual. The agency property inventory shall also contain a
detailed description of all checks, money orders and/or travelers checks or other
financial instruments.
The peace officer conducting the seizure shall provide a copy of the completed
property inventory receipt to the Forfeiture/Seized Property Reviewer.
It is the seizing peace officer’s responsibility to secure the cash consistent with the
agency policy or procedure.
Jewelry/Precious Metals/Precious Stones
Peace officers seizing jewelry, precious metals and/or precious stones will write a
detailed description of each item on the property inventory receipt prior to
inventorying the items. A copy of the property inventory receipt and any photographs
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of the jewelry, precious metals and/or precious stones shall be delivered to the
Forfeiture/Seized Property Reviewer.
Peace officers seizing jewelry, precious metals and/or precious stones shall deliver
those items to the property/evidence room as soon as practicably possible.
Conveyance Device
Upon seizure for forfeiture, all conveyance devices shall immediately be either taken
to a secure designated area or to an agency approved impound facility.
Peace officers shall inventory the conveyance device and its contents in accordance
with agency policy. Peace officers shall also complete applicable report forms and
distribute them appropriately.
Firearms/Ammunition/Firearm Accessories
When firearms, ammunition or firearms accessories are seized, they shall be
inventoried and delivered to the property/evidence room as per agency
policy/procedure.
CASE FILE STATUS
The Forfeiture/Seized Property Reviewer shall forward all changes to forfeiture
status to the supervisor who initiated the case.
REPORT WRITING
Peace officers seizing property must complete a report. All reports must include a
description of the items seized, where the property is turned-in/inventoried, the name
of the individual served, the date the seizure form was served, the name of the
serving peace officer and whether or not the individual signed the Notice of Seizure
and Intent to Forfeit Property form.
All reports dealing with seized property will be completed within 24 hours of the
seizure when practically possible.
(02/11)
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GOLDEN VALLEY POLICE DEPARTMENT
PROFESSIONAL CONDUCT OF PEACE OFFICERS POLICY
MN STAT 626.8457
I. POLICY
It is the policy of the Golden Valley Police Department to investigate circumstances that
suggest an officer has engaged in unbecoming conduct and impose disciplinary action when
appropriate.
II. PROCEDURE
This policy applies to all officers of this agency engaged in official duties whether within or
outside of the territorial jurisdiction of this agency. Unless otherwise noted this policy also
applies to off duty conduct. Conduct not mentioned under a specific rule but that violates a
general principle is prohibited.
A. PRINCIPLE ONE
Peace officers shall conduct themselves, whether on or off duty, in accordance with the
Constitution of the United States, the Minnesota Constitution, and all applicable laws,
ordinances and rules enacted or established pursuant to legal authority.
1. Rationale: Peace officers conduct their duties pursuant to a grant of limited authority
from the community. Therefore, officers must understand the laws defining the
scope of their enforcement powers. Peace officers may only act in accordance with
the powers granted to them.
2. Rules
a) Peace officers shall not knowingly exceed their authority in the enforcement of
the law.
b) Peace officers shall not knowingly disobey the law or rules of criminal procedure
in such areas as interrogation, arrest, detention, searches, seizures, use of
informants, and preservation of evidence, except where permitted in the
performance of duty under proper authority.
c) Peace officers shall not knowingly restrict the freedom of individuals, whether by
arrest or detention, in violation of the Constitutions and laws of the United States
and the State of Minnesota.
d) Peace officers, whether on or off duty, shall not knowingly commit any criminal
offense under any laws of the United States or any state or local jurisdiction.
e) Peace officers will not, according to MN STAT 626.863, knowingly allow a person
who is not a peace officer to make a representation of being a peace officer or
perform any act, duty or responsibility reserved by law for a peace officer.
B. PRINCIPLE TWO
Peace officers shall refrain from any conduct in an official capacity that detracts from the
public’s faith in the integrity of the criminal justice system.
1. Rationale: Community cooperation with the police is a product of its trust that officers
will act honestly and with impartiality. The peace officer, as the public’s initial contact
with the criminal justice system, must act in a manner that instills such trust.
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2. Rules
a) Peace officers shall carry out their duties with integrity, fairness and impartiality.
b) Peace officers shall not knowingly make false accusations of any criminal,
ordinance, traffic or other law violation. This provision shall not prohibit the use
of deception during criminal investigations or interrogations as permitted under
law.
c) Peace officers shall truthfully, completely, and impartially report, testify and
present evidence, including exculpatory evidence, in all matters of an official
nature.
d) Peace officers shall take no action knowing it will violate the constitutional rights
of any person.
e) Peace officers must obey lawful orders, but a peace officer must refuse to obey
any order the officer knows would require the officer to commit an illegal act. If in
doubt as to the clarity of an order the officer shall, if feasible, request the issuing
officer to clarify the order. An officer refusing to obey an order shall be required
to justify his or her actions.
f) Peace officers learning of conduct or observing conduct that is in violation of any
law or policy of this agency shall take necessary action and report the incident to
the officer’s immediate supervisor who shall forward the information to the CLEO.
If the officer’s immediate supervisor commits misconduct the officer shall report
the incident to the immediate supervisor’s supervisor.
C. PRINCIPLE THREE
Peace officers shall perform their duties and apply the law impartially and without
prejudice or discrimination.
1. Rationale: Law enforcement effectiveness requires public trust and confidence.
Diverse communities must have faith in the fairness and impartiality of their police.
Peace officers must refrain from fostering disharmony in their communities based
upon diversity and perform their duties without regard to race, color, creed, religion,
national origin, gender, marital status, or status with regard to public assistance,
disability, sexual orientation or age.
2. Rules
a) Peace officers shall provide every person in our society with professional,
effective and efficient law enforcement services.
b) Peace officers shall not allow their law enforcement decisions to be influenced by
race, color, creed, religion, national origin, gender, marital status, or status with
regard to public assistance, disability, sexual orientation or age.
D. PRINCIPLE FOUR
Peace officers shall not, whether on or off duty, exhibit any conduct which discredits
themselves or their agency or otherwise impairs their ability or that of other officers or
the agency to provide law enforcement services to the community.
1. Rationale: A peace officer’s ability to perform his or her duties is dependent upon
the respect and confidence communities have for the officer and law enforcement
officers in general. Peace officers must conduct themselves in a manner consistent
with the integrity and trustworthiness expected of them by the public.
2. Rules
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a) Peace officers shall not consume alcoholic beverages or chemical substances
while on duty except as permitted in the performance of official duties, and under
no circumstances while in uniform, except as provided for in c).
b) Peace officers shall not consume alcoholic beverages to the extent the officer
would be rendered unfit for the officer’s next scheduled shift. A peace officer
shall not report for work with the odor of an alcoholic beverage on the officer’s
breath.
c) Peace officers shall not use narcotics, hallucinogens, or other controlled
substances except when legally prescribed. When medications are prescribed,
the officer shall inquire of the prescribing physician whether the medication will
impair the officer in the performance of the officer’s duties. The officer shall
immediately notify the officer’s supervisor if a prescribed medication is likely to
impair the officer’s performance during the officer’s next scheduled shift.
d) Peace officers, whether on or off duty, shall not engage in any conduct which the
officer knows, or should reasonably know, constitutes sexual harassment as
defined under Minnesota law, including but not limited to; making unwelcome
sexual advances, requesting sexual favors, engaging in sexually motivated
physical contact or other verbal or physical conduct or communication of a sexual
nature.
e) Peace officers shall not commit any acts which constitute sexual assault or
indecent exposure as defined under Minnesota law. Sexual assault does not
include a frisk or other search done in accordance with proper police procedures.
f) Peace officers shall not commit any acts which, as defined under Minnesota law,
constitute (1) domestic abuse, or (2) the violation of a court order restraining the
officer from committing an act of domestic abuse or harassment, having contact
with the petitioner, or excluding the peace officer from the petitioner’s home or
workplace.
g) Peace officers, in the course of performing their duties, shall not engage in any
sexual contact or conduct constituting lewd behavior including but not limited to,
showering or receiving a massage in the nude, exposing themselves, or making
physical contact with the nude or partially nude body of any person, except as
pursuant to a written policy of the agency.
h) Peace officers shall avoid regular personal associations with persons who are
known to engage in criminal activity where such associations will undermine the
public trust and confidence in the officer or agency. This rule does not prohibit
those associations that are necessary to the performance of official duties or
where such associations are unavoidable because of the officer’s personal or
family relationships.
E. PRINCIPLE FIVE
Peace officers shall treat all members of the public courteously and with respect.
1. Rationale: Peace officers are the most visible form of local government. Therefore,
peace officers must make a positive impression when interacting with the public and
each other.
2. Rules
a) Peace officers shall exercise reasonable courtesy in their dealings with the
public, other officers, superiors and subordinates.
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b) No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass,
humiliate, or shame any person to do anything reasonably calculated to incite a
person to violence.
c) Peace officers shall promptly advise any inquiring citizen of the agency’s
complaint procedure and shall follow the established agency policy for
processing complaints.
F. PRINCIPLE SIX
Peace officers shall not compromise their integrity nor that of their agency or profession
by accepting, giving or soliciting any gratuity which could be reasonably interpreted as
capable of influencing their official acts or judgments or by using their status as a peace
officer for personal, commercial or political gain.
1. Rationale: For a community to have faith in its peace officers, officers must avoid
conduct that does or could cast doubt upon the impartiality of the individual officer or
the agency.
2. Rules
a) Peace officers shall not use their official position, identification cards or badges
for: (1) personal or financial gain for themselves or another person; (2) obtaining
privileges not otherwise available to them except in the performance of duty; and
(3) avoiding consequences of unlawful or prohibited actions.
b) Peace officers shall not lend to another person their identification cards or
badges or permit these items to be photographed or reproduced without approval
of the chief law enforcement officer.
c) Peace officers shall refuse favors or gratuities which could reasonably be
interpreted as capable of influencing official acts or judgments.
d) Unless required for the performance of official duties, peace officers shall not,
while on duty, be present at establishments that have the primary purpose of
providing sexually oriented adult entertainment. This rule does not prohibit
officers from conducting walk-throughs of such establishments as part of their
regularly assigned duties.
e) Peace officers shall:
not authorize the use of their names, photographs or titles in a manner that
identifies the officer as an employee of this agency in connection with
advertisements for any product, commodity or commercial enterprise;
maintain a neutral position with regard to the merits of any labor dispute,
political protest, or other public demonstration while acting in an official
capacity;
not make endorsements of political candidates while on duty or while
wearing the agency’s official uniform.
This section does not prohibit officers from expressing their views on existing, proposed
or pending criminal justice legislation in their official capacity.
G. PRINCIPLE SEVEN
Peace officers shall not compromise their integrity, nor that of their agency or profession,
by taking or attempting to influence actions when a conflict of interest exists.
1. Rationale: For the public to maintain its faith in the integrity and impartiality of peace
officers and their agencies officers must avoid taking or influencing official actions
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where those actions would or could conflict with the officer’s appropriate
responsibilities.
2. Rules
a) Unless required by law or policy a peace officer shall refrain from becoming
involved in official matters or influencing actions of other peace officers in official
matters impacting the officer’s immediate family, relatives, or persons with whom
the officer has or has had a significant personal relationship.
b) Unless required by law or policy a peace officer shall refrain from acting or
influencing official actions of other peace officers in official matters impacting
persons with whom the officer has or has had a business or employment
relationship.
c) A peace officer shall not use the authority of their position as a peace officer or
information available to them due to their status as a peace officer for any
purpose of personal gain including but not limited to initiating or furthering
personal and/or intimate interactions of any kind with persons with whom the
officer has had contact while on duty.
d) A peace officer shall not engage in any off-duty employment if the position
compromises or would reasonably tend to compromise the officer’s ability to
impartially perform the officer’s official duties.
H. PRINCIPLE EIGHT
Peace officers shall observe the confidentiality of information available to them due to
their status as peace officers.
1. Rationale: Peace officers are entrusted with vast amounts of private and personal
information or access thereto. Peace officers must maintain the confidentiality of
such information to protect the privacy of the subjects of that information and to
maintain public faith in the officer’s and agency’s commitment to preserving such
confidences.
2. Rules
a) Peace officers shall not knowingly violate any legal restriction for the release or
dissemination of information.
b) Peace officers shall not, except in the course of official duties or as required by
law, publicly disclose information likely to endanger or embarrass victims,
witnesses or complainants.
c) Peace officers shall not divulge the identity of persons giving confidential
information except as required by law or agency policy.
I. APPLICATION
Any disciplinary actions arising from violations of this policy shall be investigated in
accordance with MN STAT 626.89, Peace Officer Discipline Procedures Act and the law
enforcement agency’s policy on Allegations of Misconduct as required by MN RULES
6700.2000 to 6700.2600.
PB Rev 01/2011
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Golden Valley Police Department Public Assembly and
First Amendment Activity
References:
Minn. Rules 6700.1615
First Amendment US Constitution
Minnesota Constitution
609.705. Unlawful Assembly
609.71 Riot
609. 066 Authorized Use of Force by Peace Officers
609.06 Authorized Use of Force
1) PURPOSE
The First Amendment to the Constitution of the United States of America states, "Congress
shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof, or abridging the freedom of speech or of the press, or the right of the people
peaceably to assemble and to petition the Government for a redress of grievances."
The Bill of Rights in Article 1 of the Minnesota Constitution addresses the rights of free
speech and the liberty of the press. However, neither the state nor federal constitutions
protect criminal activity or threats against citizens, businesses, or critical infrastructure.
The Golden Valley Police Department supports all people's fundamental right to peaceably
assemble and their right to freedom of speech and expression.
The purpose of this policy is to provide guidelines to the Golden Valley Police
Department personnel regarding the application and operation of acceptable law
enforcement actions addressing public assemblies and First Amendment Activity.
2) POLICY
The Golden Valley Police Department will uphold the constitutional rights of free
speech and assembly while using the minimum use of physical force and authority
required to address a crowd management or crowd control issue.
The policy of the Golden Valley Police Department regarding crowd management and
crowd control is to apply the appropriate level of direction and control to protect life,
property, and vital facilities while maintaining public peace and order during a public
assembly or First Amendment activity. Department personnel must not harass,
intimidate, or discriminate against or unreasonably interfere with persons engaged in
the lawful exercise of their rights.
This policy concerning crowd management, crowd control, crowd dispersal, and police
responses to violence and disorder applies to spontaneous demonstrations, crowd event
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situations, and planned demonstration or crowd events regardless of the permit status of
the event.
This policy is to be reviewed annually.
3) DEFINITIONS
A. Chemical Agent Munitions: Munitions designed to deliver chemical agents from a
launcher or hand thrown.
B. Control Holds: Control holds are soft empty hand control techniques as they do not
involve striking.
C. Crowd Management: Techniques used to manage lawful public assemblies before,
during, and after an event. Crowd management can be accomplished in part through
coordination with event planners and group leaders, permit monitoring, and past
event critiques.
D. Crowd Control: Techniques used to address unlawful public assemblies.
E. Deadly Force: Force used by an officer that the officer knows, or reasonably should
know, creates a substantial risk of causing death or great bodily harm.
(Reference: (law enforcement agency’s) Use of Force Policy, MN Statutes 609.06
and 609. 066)
F. Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct
fired at a specific target.
G. First Amendment Activities: First Amendment activities include all forms of speech and
expressive conduct used to convey ideas and/or information, express grievances, or
otherwise communicate with others and include both verbal and non-verbal expression.
Common First Amendment activities include, but are not limited to, speeches,
demonstrations, vigils, picketing, distribution of literature, displaying banners or signs,
street theater, and other artistic forms of expression. All these activities involve the
freedom of speech, association, and assembly and the right to petition the government,
as guaranteed by the United States Constitution and the Minnesota State Constitution.
The government may impose reasonable restrictions on the time, place, or manner of
protected speech, provided the restrictions are justified without reference to the content
of the regulated speech, that they are narrowly tailored to serve a significant
governmental interest, and that they leave open ample alternative channels for
communication of the information.
H. Great Bodily Harm: Bodily injury which creates a high probability of death, or which
causes serious, permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily member or organ or other
serious bodily harm. (Reference: (law enforcement agency’s) Use of Force Policy,
MN Statutes 609.06 and 609. 066)
I. Legal Observers – Individuals, usually representatives of civilian human rights agencies,
who attend public demonstrations, protests and other activities. The following may be
indicia of a legal observer: Wearing a green National Lawyers’ Guild issued or
authorized Legal Observer hat and/or vest (a green NLG hat and/or black vest with
green labels) or wearing a blue ACLU issued or authorized legal observer vest.
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J. Less-lethal Impact Munitions. Impact munitions which can be fired, launched, or
otherwise propelled for the purpose of encouraging compliance, overcoming
resistance or preventing serious injury without posing significant potential of causing
death.
K. Media: Media means any person who is an employee, agent, or independent
contractor of any newspaper, magazine or other periodical, book publisher, news
agency, wire service, radio or television station or network, cable or satellite station or
network, or audio or audiovisual production company, or any entity that is in the
regular business of news gathering and disseminating news or information to the
public by any means, including, but not limited to, print, broadcast, photographic,
mechanical, internet, or electronic distribution. For purposes of this policy, the
following are indicia of being a member of the media: visual identification as a member
of the press, such as by displaying a professional or authorized press pass or wearing
a professional or authorized press badge or some distinctive clothing that identifies
the wearer as a member of the press.
4) Law Enforcement Procedures
A. Uniform: All officers responding to public assemblies must at all times, including when
wearing protective gear, display their agency name and a unique personal identifier in
compliance with this department’s uniform policy. The chief law enforcement officer must
maintain a record of any officer(s) at the scene who is not in compliance with this
requirement due to exigent circumstances.
B. Officer conduct:
1. Officers shall avoid negative verbal engagement with members of the crowd.
Verbal abuse against officers does not constitute a reason for an arrest or for any
use of force against such individuals.
2. Officers must maintain professional demeanor and remain neutral in word and
deed despite unlawful or anti-social behavior on the part of crowd members.
3. Officers must not take action or fail to take action based on the opinions being
expressed.
4. Officers must not interfere with the rights of members of the public to observe
and document police conduct via video, photographs, or other methods unless
doing so interferes with on-going police activity.
5. Officers must not use a weapon or munition unless the officer has been trained in
the use and qualified in deployment of the weapon/munition.
6. This policy does not preclude officers from taking appropriate action to direct
crowd and vehicular movement; enforce ordinances and statutes; and to maintain
the safety of the crowd, the general public, law enforcement personnel, and
emergency personnel.
i
5. Responses to Crowd Situations
A. Lawful assembly. Individuals or groups present on the public way, such as public
facilities, streets or walkways, generally have the right to assemble, rally, demonstrate,
protest, or otherwise express their views and opinions through varying forms of
communication including the distribution of printed matter. These rights may be limited
by laws or ordinances regulating such matters as the obstruction of individual or vehicle
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access or egress, trespass, noise, picketing, distribution of handbills, leafleting and
loitering.
B. Unlawful assembly
1. The definition of an unlawful assembly has been set forth in Minnesota Statute
§609.705.
2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not
a sufficient basis to declare an unlawful assembly
3. The fact that some of the demonstrators or organizing groups have engaged in
violent or unlawful acts on prior occasions or demonstrations is not grounds for
declaring an assembly unlawful.
4. Whenever possible, the unlawful behavior of a few participants must not result in
the majority of peaceful protestors being deprived of their First Amendment rights,
unless other participants or officers are threatened with dangerous circumstances.
5. Unless emergency or dangerous circumstances prevent negotiation, crowd
dispersal techniques must not be initiated until after attempts have been made
through contacts with the police liaisons and demonstration or crowd event leaders
to negotiate a resolution of the situation so that the unlawful activity will cease, and
the First Amendment activity can continue.
C. Declaration of Unlawful Assembly
1. If the on-scene supervisor/incident commander has declared an unlawful
assembly, the reasons for the declaration and the names of the decision maker(s)
must be recorded. The declaration and dispersal order must be announced to the
assembly. The name(s) of the officers announcing the declaration should be
recorded, with the time(s) and date(s) documented.
2. The dispersal order must include:
a) Name, rank of person, and agency giving the order
b) Declaration of Unlawful Assembly and reason(s) for declaration
c) Egress or escape routes that may be used
d) Specific consequences of failure to comply with dispersal order
e) How long the group has to comply
3. Whenever possible, dispersal orders should also be given in other languages that
are appropriate for the audience. Officers must recognize that not all crowd
members may be fluent in the language(s) used in the dispersal order.
4. Dispersal announcements must be made in a manner that will ensure that they are
audible over a sufficient area. Dispersal announcements must be made from
different locations when the demonstration is large and noisy. The dispersal
announcements should be repeated after commencement of the dispersal
operation so that persons not present at the original broadcast will understand that
they must leave the area. The announcements must also specify adequate egress
or escape routes. Whenever possible, a minimum of two escape/egress routes
shall be identified and announced.
D. Crowd Dispersal
1. Crowd dispersal techniques should not be initiated until officers have made
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repeated announcements to the crowd, or are aware that repeated announcements
have been made, asking members of the crowd to voluntarily disperse, and
informing them that, if they do not disperse, they will be subject to arrest.
2. Unless an immediate risk to public safety exists or significant property damage is
occurring, sufficient time will be allowed for a crowd to comply with officer
commands before action is taken.
3. If negotiations and verbal announcements to disperse do not result in voluntary
movement of the crowd, officers may employ additional crowd dispersal tactics,
but only after orders from the on-scene supervisor/incident commander. The use
of these crowd dispersal tactics shall be consistent with the department policy of
using the minimal officer intervention needed to address a crowd management
or control issue.
4. If, after a crowd disperses pursuant to a declaration of unlawful assembly and
subsequently participants assemble at a different geographic location where the
participants are engaged in non-violent and lawful First Amendment activity, such
an assembly cannot be dispersed unless it has been determined that it is an
unlawful assembly, and a new declaration of unlawful assembly has been made.
6. Tactics and Weapons to Disperse or Control a Non-Compliant
Crowd
Nothing in this policy prohibits officers’ abilities to use appropriate force options to defend
themselves or others as defined in the (law enforcement agency’s) Use of Force policy.
A. Use of Batons
1. Batons must not be used for crowd control, crowd containment, or crowd
dispersal except as specified below.
2. Batons may be visibly displayed and held in a ready position during squad or
platoon formations.
3. When reasonably necessary for protection of the officers or to disperse
individuals in the crowd pursuant to the procedures of this policy, batons may
be used in a pushing, pulling, or jabbing motion. Baton jabs must not be used
indiscriminately against a crowd or group of persons but only against
individuals who are physically aggressive or actively resisting arrest. Baton
jabs should not be used in a crowd control situation against an individual who
is attempting to comply but is physically unable to disperse or move because of
the press of the crowd or some other fixed obstacle.
4. Officers must not strike a person with any baton to the head, neck, throat,
kidneys, spine, or groin, or jab with force to the armpit unless the person has
created an imminent threat of great bodily harm to another.
5. Batons shall not be used against a person who is handcuffed except when
permissible under this department’s Use of Force policy and state law.
B. Restrictions on Crowd Control and Crowd Dispersal
1. Canines. Canines must not be used for crowd control, crowd containment, or
crowd dispersal.
2. Fire Hoses. Fire hoses must not be used for crowd control, crowd containment, or
crowd dispersal.
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3. Electronic Control Weapons (ECWs) must not be used for crowd control, crowd
containment, or crowd dispersal.
4. Motorcycles and police vehicles must not be used for crowd dispersal, but may be
used for purposes of observation, visible deterrence, traffic control, transportation,
and area control during a crowd event.
5. Skip Fired Specialty Impact Less-Lethal Munitions (Wooden Dowels and Stinger
Grenades) may be used as a last resort if other crowd dispersal techniques have
failed or have been deemed ineffective.
6. Direct Fired munitions may never be used indiscriminately against a crowd or
group of persons even if some members of the crowd or group are violent or
disruptive.
a) Except for exigent circumstances, the on-scene supervisor/incident
commander must authorize the deployment of Direct Fired munitions. Direct
Fired munitions must be used only against a specific individual who is engaging
in conduct that poses an immediate threat of loss of life or serious bodily injury
to them self, officers, or the general public; or is creating an imminent risk to
the lives or safety of other persons through the substantial destruction of
property.
b) Officers shall not discharge a Direct Fired munitions at a person’s head, neck,
throat, face, left armpit, spine, kidneys, or groin unless deadly force would be
justified.
c) When circumstances permit, the on-scene supervisor/incident commander
must make an attempt to accomplish the policing goal without the use of Direct
Fired munitions as described above, and, if practical, an audible warning shall
be given to the subject before deployment of the weapon.
7. Aerosol Hand-held Chemical Agents must not be used in a demonstration or crowd
situation or other civil disorders without the approval of the on-scene
supervisor/incident commander.
a) Aerosol, hand-held, pressurized, containerized chemical agents that emit a
stream shall not be used for crowd management, crowd control, or crowd
dispersal during demonstrations or crowd events. Aerosol hand-held chemical
agents may not be used indiscriminately against a crowd or group of persons,
but only against specific individuals who are engaged in specific acts of serious
unlawful conduct or who are actively resisting arrest.
b) Officers shall use the minimum amount of the chemical agent necessary to
overcome the subject's resistance.
c) When possible, persons should be removed quickly from any area where hand
held chemical agents have been used. Officers must monitor the subject and
pay particular attention to the subject’s ability to breathe following the
application of a chemical agent.
d) A subject who has been sprayed with a hand-held chemical agent shall not be
left lying on their stomach once handcuffed or restrained with any device.
9. Chemical munitions use in a crowd situation is subject to the following:
a) Chemical munitions must be used only when:
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1) a threat of imminent harm or serious property damage is present, or
other crowd dispersal techniques have failed or did not accomplish the
policing goal as determined by the incident commander,
2) sufficient egress to safely allow the crowd to disperse exists, and
3) The use of chemical munitions is approved by the on-scene
supervisor/incident commander, and
b) When feasible, additional announcements should be made prior to the use of
chemical munitions in a crowd situation warning of the imminent use of chemical
munitions.
c) Deployment of chemical munitions into a crowd must be avoided to prevent
unnecessary injuries.
d) CN chemical munitions are prohibited.
e) The use of each chemical munition must be recorded (time, location), and the
following information must be made available by the department on request :
1) the name of each chemical munition used in an incident,
2) the location and time of use for each munition deployment,
3) access to the safety data sheet (SDS) for chemical munition
f) Where extensive use of chemical munitions would reasonably be anticipated to
impact nearby residents or businesses, agencies should consider proactively
notifying impacted individuals of safety information related to the munitions use
as soon as possible, even if after the event.
g) When chemical munitions are used, an emergency responder will be on standby
at a safe distance near the target area when feasible.
h) Chemical munitions are subject to the same procedural requirements as outlined
in the (law enforcement department)’s UOF policy.
C. Arrests
1. If the crowd has failed to disperse after the required announcements and sufficient
time to disperse, officers may encircle the crowd or a portion of the crowd for
purposes of making multiple simultaneous arrests.
2. Persons who make it clear (e.g., by non-violent civil disobedience) that they
seek to be arrested may be arrested and must not be subjected to other
dispersal techniques, such as the use of batons or chemical agents. Persons
refusing to comply with arrest procedures may be subject to the reasonable
use of force.
3. Arrests of non-violent persons shall be accomplished by verbal commands and
persuasion, handcuffing, lifting, carrying, the use of dollies and/or stretchers,
and/or the use of soft empty hand control holds.
4. Officers must document any injuries reported by an arrestee, and as soon as
practical, officers must obtain professional medical treatment for the arrestee.
5. Juveniles arrested in demonstrations shall be handled consistent with
department policy on arrest, transportation, and detention of juveniles.
6. Officers arresting a person with a disability affecting mobility or communication
must follow the department policy on arrest, transportation, and detention of
persons with disabilities.
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6. Handcuffs
A. All persons subject to arrest during a demonstration or crowd event shall be
handcuffed in accordance with department policy, orders, and training bulletins.
B. Officers should be cognizant that flex-cuffs may tighten when arrestees hands swell
or move, sometimes simply in response to pain from the cuffs themselves. When
arrestees complain of pain from overly tight flex cuffs, officers must examine the cuffs
and ensure proper fit.
C. Arrestees in flex-cuffs must be monitored to prevent injury.
D. Each unit involved in detention and/or transportation of arrestees with flex-cuffs
should have a flex-cuff cutter and adequate supplies of extra flex-cuffs readily
available.
7. Media.
A. The media have a First Amendment right to cover public activity, including the right to
record video or film, livestream, photograph, or use other mediums.
B. The media must not be restricted to an identified area, and must be permitted to observe
and must be permitted close enough access to view the crowd event and any arrests. An
onsite supervisor/incident commander may identify an area where media may choose to
assemble.
C. Officers will not arrest members of the media unless they are physically obstructing
lawful efforts to disperse the crowd, or efforts to arrest participants, or engaged in
criminal activity.
D. The media must not be targeted for dispersal or enforcement action because of their
media status.
E. Even after a dispersal order has been given, clearly identified media must be
permitted to carry out their professional duties unless their presence would unduly
interfere with the enforcement action.
8. Legal Observers
A. Legal observers, including unaffiliated self-identified legal observers and crowd monitors,
do not have the same legal status as the media, and are subject to laws and orders
similar to any other person or citizen.
B. Legal observers and monitors must comply with all dispersal orders unless the on-site
supervisor/incident commander chooses to allow such an individual legal observers and
monitors to remain in an area after a dispersal order.
C. Legal observers and crowd monitors must not be targeted for dispersal or enforcement
action because of their status.
9. Documentation of Public Assembly and First Amendment
Activity
A. The purpose of any visual documentation by (law enforcement agency) of a public
assembly or first amendment activity must be related only to:
1) Documentation of the event for the purposes of debriefing,
2) Documentation to establish a visual record for the purposes of responding to
citizen complaints or legal challenges, or
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3) Creating visual records for training purposes.
B. If it is the policy of (law enforcement agency) to videotape and photograph, it must be
done in a manner that minimizes interference with people lawfully participating in First
Amendment activities. Videotaping and photographing of First Amendment activities
must take place only when authorized by the on-site supervisor/incident commander.
C. Individuals should not be singled out for photographing or recording simply because they
appear to be leaders, organizers, or speakers.
D. Unless evidence of criminal activity is provided, videos or photographs of
demonstrations shall not be disseminated to other government agencies, including
federal, state, and local law enforcement agencies. If videos or photographs are
disseminated or shared with another law enforcement agency, a record should be
created and maintained noting the date and recipient of the information.
E. If there are no pending criminal prosecutions arising from the demonstration or if the
video recording or photographing is not relevant to an Internal Affairs or citizen complaint
investigation or proceedings or to civil litigation arising from police conduct at the
demonstration, the video recording and/or photographs shall be destroyed in accordance
with department policies.
F. This directive shall not prohibit department members from using these videos or footage
from such videos as part of training materials for officers in crowd control and crowd
dispersal techniques and procedures.
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GOLDEN VALLEY POLICE DEPARTMENT
RESPONSE TO REPORTS OF
MISSING AND ENDANGERED PERSONS
POLICY
MN STAT 299C.51-299C.5655, 390.25 and 626.8454
I. POLICY
It is the policy of the Golden Valley Police Department to establish guidelines and
responsibilities for the consistent response to, and investigation of, all reports of missing and
endangered persons as defined in MN STAT Chapter 299C.52, subd. 1 (c) and (d)
(“Minnesota Missing Children and Endangered Persons’ Program” referred to as Brandon’s
Law).
This policy addresses investigations where the person has been determined to be both
missing and endangered and includes all procedures required by MN STAT 299C.52.
The Golden Valley Police Department recognizes there is a critical need for immediate and
consistent response to reports of missing and endangered persons. The decisions made
and actions taken during the preliminary stages may have a profound effect on the outcome
of the case. Therefore, this agency has established the following responsibilities and
guidelines for the investigation of missing and endangered persons. All peace officers
employed by this agency, will be informed of and comply with the procedures contained in
this Model Policy.
II. DEFINITIONS
A. Missing has the meaning given it in MN STAT 299C,52, subd. 1 (d), “The status of a
person after a law enforcement agency has received a report of a missing person, has
conducted a preliminary investigation, and determined that the person cannot be
located”.
B. Endangered has the meaning given it in MN STAT 299C,52, subd. 1, (c), “A law
enforcement official has recorded sufficient evidence that the missing person is at risk of
physical injury or death. The following circumstances indicate that a missing person is at
risk of physical injury or death:
1) the person is missing as a result of a confirmed abduction or under circumstances
that indicate that the person’s disappearance was not voluntary;
2) the person is missing under known dangerous circumstances;
3) the person is missing more than 30 days;
4) the person is under the age of 21 and at least one other factor in this paragraph is
applicable;
5) there is evidence the person is in need of medical attention or prescription
medication such that it will have a serious adverse effect on the person’s health if
the person does not receive the needed care or medication;
6) the person does not have a pattern of running away or disappearing;
7) the person is mentally impaired:
8) there is evidence that the person may have been abducted by a noncustodial
parent;
9) the person has been the subject of past threats or acts of violence;
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10) there is evidence the person is lost in the wilderness, backcountry, or outdoors
where survival is precarious and immediate and effective investigation and search
and rescue efforts are critical; or
11) any other factor that the law enforcement agency deems to indicate that the person
may be at risk of physical injury or death, including a determination by another law
enforcement agency that the person is missing and endangered.
C. Child has the meaning given it in MN STAT 299C,52, subd. 1 (a), “Any person under the
age of 18 years or any person certified or known to be mentally incompetent”.
D. NCIC means The National Crime Information Center.
E. CJIS means The Criminal Justice Information System.
F. DNA means “DNA” has the meaning given it in MN STAT 299C,52, subd. 1 (b),
Deoxyribonucleic acid from a human biological specimen.
III. PROCEDURES
This agency will respond according to the following six types of general procedures:
• Initial Response
• Initial Investigation
• Investigation
• 30 Day Benchmark
• Prolonged Investigation, and
• Recovery/ Case Closure
A. INITIAL RESPONSE
1. As required by MN STAT 299C.53, subd. 1(a), Law Enforcement shall accept,
without delay, any report of a missing person. Law enforcement shall not refuse to
accept a missing person report on the basis that:
a) the missing person is an adult;
b) the circumstances do not indicate foul play;
c) the person has been missing for a short amount of time;
d) the person has been missing for a long amount of time;
e) there is no indication that the missing person was in the jurisdiction served by the
law enforcement agency at the time of the disappearance;
f) the circumstances suggest that the disappearance may be voluntary;
g) the reporting person does not have personal knowledge of the facts;
h) the reporting person cannot provide all of the information requested by the law
enforcement agency;
i) the reporting person lacks a familial or other relationship with the missing person;
or
j) for any other reason, except in cases where the law enforcement agency has
direct knowledge that the person is, in fact, not missing, and the whereabouts
and welfare of the person are known at the time the report is filed.
2. Dispatch an officer, to the scene, to conduct a preliminary investigation to determine
whether the person is missing, and if missing, whether the person is endangered.
3. Obtain interpretive services if necessary.
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4. Interview the person who made the initial report, and if the person is a child, the
child’s parent(s) or guardian(s).
5. Determine when, where, and by whom the missing person was last seen.
6. Interview the individual(s) who last had contact with the person.
7. Obtain a detailed description of the missing person, abductor, vehicles, etc. and ask
for recent photo of missing person.
8. Immediately enter the complete descriptive and critical information, regarding the
missing and endangered person, into the appropriate category of the NCIC Missing
Person File.
a) As required by 42 U.S.C. 5779(a) (Suzanne’s Law) law enforcement shall
immediately enter missing children less than 21 years of age into the NCIC.
b) As required by MN STAT 299C.53, subd. 1(b), if the person is determined to be
missing and endangered, the agency shall immediately enter identifying and
descriptive information about the person into the NCIC.
9. Enter complete descriptive information regarding suspects/vehicle in the NCIC
system.
10. Request investigative and supervisory assistance.
11. Update additional responding personnel.
12. Communicate known details promptly and as appropriate to other patrol units, local
law enforcement agencies, and surrounding law enforcement agencies. If
necessary, use The International Justice & Public Safety Network (NLETS), the
Minnesota Crime Alert Network, and MNJIS KOPS Alert to alert state, regional and
federal law enforcement agencies.
13. Notify the family of the Minnesota Missing/Unidentified Persons Clearinghouse
services available.
14. Secure the crime scene and/or last known position of the missing person and
attempt to identify and interview persons in the area at the time of the incident.
15. Obtain and protect uncontaminated missing person scent articles for possible use by
search canines.
16. Activate protocols for working with the media. (AMBER Alert, Minnesota Crime Alert
Network)
17. As required by MN STAT Chapter 299C.53, subd. 1(b), consult with the Minnesota
Bureau of Criminal Apprehension if the person is determined to be an endangered
missing person. Request assistance as necessary.
18. Implement multi-jurisdictional coordination/mutual aid plan as appropriate such as
when:
a) the primary agency has limited resources;
b) the investigation crosses jurisdictional lines; or
c) jurisdictions have pre-established task forces or investigative teams.
19. Based on the preliminary investigation, determine whether or not a physical search is
required.
B. INITIAL INVESTIGATION
1. Conduct a canvas of the neighborhood and of vehicles in the vicinity.
2. Arrange for use of helpful media coverage.
3. Maintain records of telephone communications/messages.
4. Ensure that everyone at the scene is identified and interviewed separately.
5. Search the home, building or other area/location where the incident took place and
conduct a search including all surrounding areas. Obtain consent or a search
warrant if necessary.
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6. Assign an investigator or officer whose duties will include coordination of the
investigation.
C. INVESTIGATION
1. Begin setting up the Command Post/Operation Base away from the person’s
residence. Know the specific responsibilities of the Command Post Supervisor,
Media Specialist, Search Coordinator, Investigative Coordinator, Communication
Officer, Support Unit Coordinator, and two liaison officers (one at the command post
and one at the victim’s residence). The role of the liaison at the home will include
facilitating support and advocacy for the family.
2. Establish the ability to “trap and trace” all incoming calls. Consider setting up a
separate telephone line or cellular telephone for agency use and follow up on all
leads.
3. Compile a list of known sex offenders in the region.
4. In cases of infant abduction, investigate claims of home births made in the area.
5. In cases involving children, obtain child protective agency records for reports of child
abuse.
6. Review records for previous incidents related to the missing person and prior police
activity in the area, including prowlers, indecent exposure, attempted abductions, etc.
7. Obtain the missing person’s medical and dental records, fingerprints and DNA when
practical or within 30 days.
8. Create a Missing Persons’ Profile with detailed information obtained from interviews
and records from family and friends describing the missing person’s heath,
relationships, personality, problems, life experiences, plans, equipment, etc.
9. Update the NCIC file, as necessary with any additional information, regarding the
missing person, suspect(s) and vehicle(s).
10. Interview delivery personnel, employees of gas, water, electric and cable companies,
taxi drivers, post office personnel, sanitation workers, etc.
11. For persons’ under the age of 21, contact the National Center for Missing and
Exploited Children (NCMEC) for photo dissemination and other case assistance.
12. Determine if outside help is needed and utilize local, state and federal resources
related to specialized investigative needs, including:
a) Available Search and Rescue (SAR) resources
b) Investigative Resources
c) Interpretive Services
d) Telephone Services (traps, traces, triangulation, etc.)
e) Media Assistance (Local and National)
13. Secure electronic communication information such as the missing person’s cell
phone number, email address(s) and social networking site information.
14. Appoint an officer who shall be responsible to communicate with the family/reporting
party or their designee and who will be the primary point of contact for the
family/reporting party or designee. Provide contact information and the family
information packet (if available) to the family/reporting party or designee.
15. Provide general information to the family/reporting party or designee about the
handling of the missing person case or about intended efforts in the case to the
extent that the law enforcement agency determines that disclosure would not
adversely affect the ability to locate or protect the missing person or to apprehend or
prosecute any person(s) criminally in the disappearance.
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***MISSING FOR OVER 30 DAYS***
If the person remains missing after 30 days from entry into NCIC the local law
enforcement agency will be contacted by the BCA Missing and Unidentified Persons
Clearinghouse to request the following information (if not already received):
a. DNA samples from family members and, if possible, from the missing person.
b. Dental information and x-rays.
c. Additional photographs and video that may aid the investigation or identification.
d. Fingerprints.
e. Other specific identifying information.
This information will be entered into the appropriate databases by BCA
Clearinghouse personnel. If the person is still missing after 30 days, review the case
file to determine whether any additional information received on the missing person
indicates that the person is endangered and update the record in NCIC to reflect the
status change.
D. PROLONGED INVESTIGATION
1. Develop a profile of the possible abductor.
2. Consider the use of a truth verification device for parents, spouse, and other key
individuals.
3. Re-read all reports and transcripts of interviews, revisit the crime scene, review all
photographs and videotapes, re-interview key individuals and re-examine all physical
evidence collected.
4. Review all potential witness/suspect information obtained in the initial investigation
and consider background checks on anyone of interest identified in the investigation.
5. Periodically check pertinent sources of information about the missing person for any
activity such as phone, bank, internet or credit card activity.
6. Develop a time-line and other visual exhibits.
7. Critique the results of the on-going investigation with appropriate investigative
resources.
8. Arrange for periodic media coverage.
9. Consider utilizing rewards and crime-stoppers programs.
10. Update NCIC Missing Person File information, as necessary.
11. Re-contact the National Center for Missing and Exploited Children (NCMEC) for age
progression assistance.
12. Maintain contact with the family and/or the reporting party or designee as
appropriate.
E. RECOVERY/CASE CLOSURE
Alive
1. Verify that the located person is the reported missing person.
2. If appropriate, arrange for a comprehensive physical examination of the victim.
3. Conduct a careful interview of the person, document the results of the interview, and
involve all appropriate agencies.
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4. Notify the family/reporting party that the missing person has been located. (In adult
cases, if the located adult permits the disclosure of their whereabouts and contact
information, the family/reporting party may be informed of this information.
5. Dependent on the circumstances of the disappearance, consider the need for
reunification assistance, intervention, counseling or other services for either the
missing person or family/reporting party.
6. Cancel alerts (Minnesota Crime Alert, AMBER Alert, etc), remove case from NCIC
(as required by MN STAT 299C.53. subd 2) and other information systems and
remove posters and other publications from circulation.
7. Perform constructive post-case critique. Re-assess the procedures used and update
the department’s policy and procedures as appropriate.
Deceased
1. Secure the crime scene.
2. Contact coroner, medical examiner or forensic anthropologist to arrange for body
recovery and examination.
3. Collect and preserve any evidence at the scene.
4. Depending upon the circumstances, consider the need for intervention, counseling or
other services for the family/reporting party or designee.
5. Cancel alerts and remove case from NCIC and other information systems, remove
posters and other publications from circulation.
6. Perform constructive post-case critique. Re-assess the procedures used and
update the department’s policy and procedures as appropriate.
PB Rev 01/2011
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I. PURPOSE
The purpose of this policy is to provide employees with guidelines for responding to
reports of sexual assault. This agency will strive:
a) To afford maximum protection and support to victims of sexual assault or
abuse through a coordinated program of law enforcement and available
victim services with an emphasis on a victim centered approach;
b) To reaffirm peace officers' authority and responsibility to conducting
thorough preliminary and follow up investigations and to make arrest
decisions in accordance with established probable cause standards;
c) To increase the opportunity for prosecution and victim services.
II. POLICY
It is the policy of the Golden Valley Police Department to recognize sexual
assault as a serious problem in society and to protect victims of sexual assault by
ensuring its peace officers understand the laws governing this area. Sexual
assault crimes are under-reported to law enforcement and the goal of this policy
is in part to improve victim experience in reporting so that more people are
encouraged to report.
All employees should take a professional, victim-centered approach to sexual
assaults, protectively investigate these crimes, and coordinate with prosecution in
a manner that helps restore the victim’s dignity and autonomy. While doing so, it
shall be this agency’s goal to decrease the victim’s distress, increase the victim’s
understanding of the criminal justice system and process, and promote public
safety.
Peace officers will utilize this policy in response to sexual assault reported to this
agency. This agency will aggressively enforce the laws without bias and
prejudice based on race, marital status, sexual orientation, economic status, age,
disability, gender, religion, creed, or national origin.
III. DEFINITIONS
For purpose of this policy, the words and phrases in this section have the following
meaning given to them, unless another intention clearly appears.
A. Consent: As defined by Minn. Stat. 609.341, which states:
(1) Words or overt actions by a person indicating a freely given present agreement to
perform a particular sexual act with the actor. Consent does not mean the
existence of a prior or current social relationship between the actor and the
complainant or that the complainant failed to resist a particular sexual act.
(2) A person who is mentally incapacitated or physically helpless as defined by
Minnesota Statute 609.341 cannot consent to a sexual act.
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(3) Corroboration of the victim's testimony is not required to show lack of consent.
B. Child or Minor: a person under the age of 18.
C. Medical Forensic Examiner: The health care provider conducting a sexual assault
medical forensic examination.
D. Sexual Assault: A person who engages in sexual contact or penetration with another
person in a criminal manner as identified in MN Statute 609.342 to 609.3451.
E. Family and Household Member: As defined in Minn. Stat. 518.B.01 Subd.2.b. to
include:
(1) spouses or former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided together in the
past;
(5) persons who have a child in common regardless of whether they have been
married or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the
father, regardless of whether they have been married or have lived together at any
time; and
(7) persons involved in a significant romantic or sexual relationship
F. Sexual Assault Medical Forensic Examination: An examination of a sexual assault
patient by a health care provider, ideally one who has specialized education and clinical
experience in the collection of forensic evidence and treatment of these patients.
G. Victim Advocate: A Sexual Assault Counselor defined by Minn. Stat. 595.02, subd.
1(k) and/or Domestic Abuse Advocate as defined by Minn. Stat. 595.02, subd. 1(1) who
provide confidential advocacy services to victims of sexual assault and domestic abuse.
Victim advocates as defined provide coverage in all counties in Minnesota. Minnesota
Office of Justice Programs (MN OJP) can assist departments in locating their local victim
advocacy agency for the purposes outlined in this policy.
H. Victim Centered: A victim-centered approach prioritizes the safety, privacy and
well-being of the victim and aims to create a supportive environment in which the
victim’s rights are respected and in which they are treated with dignity and respect.
This approach acknowledges and respects a victims’ input into the criminal justice
response and recognizes victims are not responsible for the crimes committed against
them.
I. Vulnerable Adult: any person 18 years of age or older who:
(1) is a resident inpatient of a facility as defined in Minn. Stat. 626.5572. Subd.
6;
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(2) receives services at or from a facility required to be licensed to serve adults
under sections 245A.01 to 245A.15, except that a person receiving
outpatient services for treatment of chemical dependency or mental illness,
or one who is committed as a sexual psychopathic personality or as a
sexually dangerous person under chapter 253B, is not considered a
vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under
sections 144A.43 to 144A.482; or from a person or organization that
exclusively offers, provides, or arranges for personal care assistance
services under the medical assistance program as authorized under sections
256B.0625, subdivision 19a, 256B.0651 to 256B.0654, and 256B.0659; or
(4) regardless of residence or whether any type of service is received, possesses a
physical or mental infirmity or other physical, mental, or emotional
dysfunction:
(i) that impairs the individual's ability to provide adequately for the
individual's own care without assistance, including the provision of
food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the
individual has an impaired ability to protect the individual from
maltreatment.
IV. PROCEDURES
A. Communications Personnel Response/Additional Actions by Responding Officers
Communications personnel and/or law enforcement officers should inform the victim of
ways to ensure critical evidence is not lost, to include the following:
1) Suggest that the victim not bathe, or clean him or herself if the assault took place
recently.
2) Recommend that if a victim needs to relieve themselves, they should collect urine
in a clean jar for testing, and should avoid wiping after urination.
3) Asking the victim to collect any clothing worn during or after the assault and if
possible, place in a paper bag, instructing the victim not to wash the clothing (per
department policy).
4) Reassure the victim that other evidence may still be identified and recovered even
if they have bathed or made other physical changes.
B. Initial Officer Response
When responding to a scene involving a sexual assault, officers shall follow standard
incident response procedures. In addition, when interacting with victims, officers shall
do the following:
1) Recognize that the victim experienced a traumatic incident and may
not be willing or able to immediately assist with the criminal investigation.
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2) The officer shall attempt to determine the location/jurisdiction where
the assault took place.
3) Explain the reporting process including the roles of the first
responder, investigator, and anyone else with whom the victim will likely
interact during the course of the investigation.
4) Officers are encouraged to connect the victim with local victim
advocates as soon as possible. Inform the victim that there are confidential
victim advocates available to address any needs they might have and to support
them through the criminal justice system process. Provide the victim with
contact information for the local victim advocate. Upon victim request the
officer can offer to contact local victim advocate on behalf of the victim.
5) Ask about and document signs and symptoms of injury, to include
strangulation. Officers shall attempt to obtain a signed medical release from the
victim.
6) Ensure that the victim knows they can go to a designated facility for a
forensic medical exam. Offer to arrange for transportation for the victim.
7) Identify and attempt to interview potential witnesses to the sexual
assault and/or anyone the victim told about the sexual assault.
8) Request preferred contact information for the victim for follow-up.
C. Victim Interviews
This agency recognizes that victims of sexual assault due to their age or physical, mental or
emotional distress, are better served by utilizing trauma informed interviewing techniques
and strategies. Such interview techniques and strategies eliminate the duplication of
interviews and use a question and answer interviewing format with questioning
nondirective as possible to elicit spontaneous responses.
In recognizing the need for non-traditional interviewing techniques for sexual assault
victims, officers should consider the following:
• Offer to have a confidential victim advocate present (if possible) if the victim would
benefit from additional support during the process
• Whenever possible, conduct victim interviews in person
• Make an effort to conduct the interview in a welcoming environment
• Let the victim share the details at their own pace
• Recognize victims of trauma may have difficulty remembering incidents in a linear
fashion and may remember details in days and weeks following the assault
• After the initial interview, consider reaching out to the victim within a few days,
after at least one sleep cycle to ask if they remember any additional details.
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• Depending on the victim, additional interviews might be needed to gather additional
information. Offer support from a victim advocate to the victim to help facilitate
engagement with the investigative process and healing.
• Some victims do remember details vividly and might want to be interviewed
immediately.
• During initial and subsequent victim interviews, officers should note the following
information as victims share it, recognizing that a victim may not be able to recall
all the details of the assault during a particular interview.
1) Whether the suspect was known to the victim
2) How long the victim knew the suspect
3) The circumstances of their meeting and if there is any indication of the use of
drugs or alcohol to facilitate the sexual assault
4) The extent of their previous or current relationship
5) Any behavioral changes that led the situation from one based on consent to one of
submission, coercion, fear, or force
6) Specific actions, statements, and/or thoughts of both victim and suspect
immediately prior, during, and after assault
7) Relevant communication through social media, email, text messages, or any other
forms of communication
D. Special Considerations—Minors and Vulnerable Adults/Domestic Abuse Victims
1. Minors and Vulnerable Adults
This agency recognizes that certain victims, due to their age or a physical, mental, or
emotional distress, are better served by utilizing interview techniques and strategies
that eliminate the duplication of interviews and use a question and answer
interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. Members of this agency will be alert for victims who would be best served
by the use of these specialized interview techniques. Officers, in making this
determination, should consider the victim’s age, level of maturity, communication
skills, intellectual capacity, emotional state, and any other observable factors that
would indicate specialized interview techniques would be appropriate for a particular
victim. When an officer determines that a victim requires the use of these specialized
interview techniques, the officer should follow the guidance below.
a. Officers responding to reports of sexual assaults involving these sensitive
population groups shall limit their actions to the following:
(1) Ensuring the safety of the victim;
(2) Ensuring the scene is safe;
(3) Safeguarding evidence where appropriate;
(4) Collecting any information necessary to identify the suspect; and
(5) Addressing the immediate medical needs of individuals at the scene
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b. Initial responding officers should not attempt to interview the victim in these
situations, but should instead attempt to obtain basic information and facts
about the situation, including the jurisdiction where the incident occurred
and that a crime most likely occurred. Officers should seek to obtain this
information from parents, caregivers, the reporting party, or other adult
witnesses, unless those individuals are believed to be the perpetrators.
c. Officers responding to victims with special considerations must comply with
the mandated reporting requirements of Minnesota Statute Section 260E.06
and 626.557, as applicable. Officers investigating cases involving victims
with special considerations should coordinate these investigations with the
appropriate local human services agency where required. Any victim or
witness interviews conducted with individuals having special considerations
must be audio and video recorded whenever possible. All other interviews
must be audio recorded whenever possible.
Not all sexual assaults of minor victims require a mandatory report to social
services. This policy recognizes that in certain cases, notifying and/or the
involvement of a parent/guardian pursuant to 260E.22 can cause harm to the
minor and/or impede the investigation. Officers responding to the sexual
assault of a minor victim that does not trigger a mandated report under
Minnesota Statute Section 260E.06 should assess for the impact on the
victim and the investigation if parents/guardians were notified before
making a decision to involve them.
d. Officers should obtain necessary contact information for the victim’s
caregiver, guardian or parents and where the victim may be located at a later
time. Officers should advise the victim and/or any accompanying adult(s),
guardians or caregivers that an investigating officer will follow up with
information on a forensic interview.
e. The officer should advise the victim’s caregiver, guardian or parent that if
the victim starts to talk about the incident they should listen to them but not
question them as this may influence any future statements.
2. Victims of Domestic Abuse
Officers responding to a report of sexual assault committed against a family and
household member must also follow the requirements and guidelines in this
agency’s domestic abuse policy and protocol, in addition to the guidelines in this
policy.
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E. Protecting Victim Rights
1) Confidentiality: Officers should explain to victims the limitations of
confidentiality in a criminal investigation and that the victim’s identifying
information is not accessible to the public, as specified in Minn. Stat. section
13.82, subd. 17(b)
2) Crime Victim Rights: Officers must provide the following information to the
victim:
a. Crime victim rights and resource information required to be provided to
all victims as specified by Minn. Stat. section 611A.02, subd. 2(b)
b. If the suspect is a family or household member to the victim, crime victim
rights and resource information required to be provided to domestic abuse
victims, as specified by Minn. Stat. section 629.341, subd. 3.
c. The victim’s right to be informed of the status of a sexual assault
examination kit upon request as provided for under Minn. Stat. section
611A.27, subd. 1.
d. Pursuant to Minn. Stat. 611A.26, subd. 1, no law enforcement agency or
prosecutor shall require that a complainant of a criminal sexual conduct
or sex trafficking offense submit to a polygraph examination as part of or
a condition to proceeding with the investigation, charging or prosecution
of such offense.
3) Other information: Officers should provide to the victim the agency’s crime
report/ICR number, and contact information for the reporting officer and/or
investigator or person handling the follow up.
4) Language access: All officers shall follow agency policy regarding limited
English proficiency.
F. Evidence Collection
1) Considerations for Evidence Collection
Officers shall follow this agency’s policy on crime scene response. In addition,
officers may do the following:
a. Collect evidence regarding the environment in which the assault took
place, including indications of isolation and soundproofing. The agency
should consider utilizing their agency or county crime lab in obtaining or
processing the scene where the assault took place. This should be in
accordance to any/all other policies and procedures relating to evidence
collections.
b. Document any evidence of threats or any communications made by the
suspect, or made on behalf of the suspect, to include those made to
individuals other than the victim.
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c. In situations where it is suspected that drugs or alcohol may have
facilitated the assault, officers should assess the scene for evidence such
as drinking glasses, alcohol bottles or cans, or other related items.
d. If the victim has declined or a medical forensic exam will not be
conducted, the officer should obtain victim consent and attempt to take
photographs of visible physical injuries, including any healing or old
injuries. Victim should be given directions about how to document any
bruising or injury that becomes evidence later after these photographs are
taken.
G. Sexual Assault Medical Forensic Examinations
1) Prior to the sexual assault medical forensic examination the investigating officer
should do the following:
a. Ensure the victim understands the purpose of the sexual assault medical
forensic exam and its importance to both their general health and
wellness and to the investigation. Offer assurance to the victim that they
will not incur any out-of-pocket expenses for forensic medical exams and
provide information about evidence collection, storage and preservation
in sexual assault cases.
b. Provide the victim with general information about the procedure, and
encourage them to seek further detail and guidance from the forensic
examiner, health care professional, or a victim advocate. Officers and
investigators cannot deny a victim the opportunity to have an exam.
c. Officers should be aware and if necessary, relay to victims who do not
want to undergo an exam that there might be additional treatments or
medications they are entitled to even if they do not want to have an exam
done or have evidence collected. Victims can seek that information from
a health care provider or a victim advocate. If possible, transport or
arrange transportation for the victim to the designated medical facility.
d. Ask the victim for a signed release for access to medical records from the
exam.
2) Officers should not be present during any part of the exam, including during the
medical history.
3) Following the exam, evidence collected during the exam shall be handled
according to the requirements of agency policy and Minnesota Statute 299C.106.
H. Contacting and Interviewing Suspects
Prior to contacting the suspect, officers should consider the following:
1) Conduct a background and criminal history check specifically looking for
accusations, criminal charges, and convictions for interconnected crimes,
especially crimes involving violence.
2) Consider conducting a pretext or confrontational call or messaging depending on
jurisdictional statutes. Involvement of a victim should be based on strong
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consideration of the victim’s emotional and physical state. A victim advocate
should be present whenever possible to offer support.
3) When possible, an attempt would be made to interview the suspect in person.
4) In situations where suspects do not deny that a sexual act occurred, but rather
assert that it was with the consent of the victim, officers should do the following:
a. Collect evidence of past communication, including but not limited to all
relevant interaction (including social media) between the suspect and
victim.
b. Identify events that transpired prior to, during, and after the assault in an
effort to locate additional witnesses and physical locations that might lead
to additional evidence.
5) For sexual assaults involving strangers, officers should focus investigative efforts
on the collection of video, DNA, and other trace evidence used for analysis to
identify the perpetrator (handle evidence collection per agency policy).
I. Forensic Examination and/or the Collection of Evidence from the Suspect
Note: A suspect’s forensic examination and/or the collection of evidence from a suspect
may be done by either an investigating officer/investigator, Forensic Medical Examiner, or
the agency/county crime lab personnel.
1) Prior to or immediately after the preliminary suspect interview, photograph any
injuries.
2) Determine whether a sexual assault medical forensic examination should be
conducted.
3) Ask for the suspect’s consent to collect evidence from their body and clothing.
However, officers/investigators should consider obtaining a search warrant, with
specific details about what evidence will be collected, and should be prepared in
advance to eliminate the opportunity for the suspect to destroy or alter evidence if
consent is denied.
4) During the suspect’s sexual assault medical forensic examination, the
investigator, evidence technician, or forensic examiner should do the following:
a. Strongly consider penile swabbing, pubic hair combings, and collection of
other potential DNA evidence;
b. Collect biological and trace evidence from the suspect’s body;
c. Document information about the suspect’s clothing, appearance, scars,
tattoos, piercings, and other identifiable marks;
d. Seize all clothing worn by the suspect during the assault, particularly any
clothing touching the genital area;
e. Document the suspect’s relevant medical condition and injuries.
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Adopted by Minnesota POST Board January 24, 2019
REV. 3/3/2021
J. Role of the Supervisor
Supervisors may do the following:
1) Assist officers investigating incidents of sexual assault when possible or if
requested by an officer.
2) Provide guidance and direction as needed.
3) Review sexual assault reports to ensure that necessary steps were taken during
initial response and investigations.
K. Case Review/Case Summary
A supervisor should ensure cases are reviewed on an on-going basis. The review
process should include an analysis of:
1) Case dispositions
2) Decisions to collect evidence
3) Submissions of evidence for lab testing
4) Interviewing decisions
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GOLDEN VALLEY POLICE DEPARTMENT
SUPERVISION OF PART-TIME PEACE OFFICERS POLICY
MN RULES 6700.1110
I. POLICY
It is the policy of Golden Valley Police Department to protect lives while enforcing the law. In
addition, it is the responsibility of this agency to guide its officers in the safe and reasonable
performance of their duties. To accomplish these goals the following policy is provided to
assist in the regulation of part-time peace officers as required under MN STAT 626.8465
and MN RULES 6700.1101-6700.1300. Part-time peace officers are most effectively utilized
as a supplement to regular, fully trained peace officers. The use of part-time peace officers
when the need for services would otherwise justify the use of peace officers is discouraged.
II. DEFINITIONS
A. Part-time Peace Officer: “Part-time peace officer” has the meaning given it in MN STAT
626.84, subd. 1 (d).
B. Appointment: means the official declaration provided by the agency to the POST Board
which indicates that the agency has engaged the services of a peace officer or part-time
peace officer beginning on a specified date.
C. Active Duty Status: means when a peace officer or part-time peace officer is
authorized by agency policy to act as an agent of the appointing authority with power to
arrest and authority to carry a firearm.
D. Hours Worked: means the actual number of hours served while the part-time peace
officer is on active duty status. All active duty hours must be documented regardless of
compensation.
E. Supervision of Part-time Peace Officer: means the part-time peace officer and the
designated supervising peace officer are aware of their respective identities; the part-
time peace officer has the ability to directly contact the designated peace officer, and the
part-time or designated peace officer can achieve direct personal contact within a
reasonable period of time.
III. PROCEDURES
It is this agency’s policy that supervision be provided to part-time peace officers by peace
officers as required under MN RULES 6700.1110. This policy minimally addresses the
following requirements found within the rule including:
A. When designating a peace officer to supervise a part-time peace officer an agency shall
establish written procedures which at a minimum include:
1. how the designated peace officer is to be notified of the designated peace officer’s
responsibility for assuming supervision of a part-time peace officer;
2. the duties and responsibilities of the designated peace officer in exercising
supervisory responsibility for a part-time peace officer;
3. the means by which the part-time peace officer is to notify the designated
supervising peace officer that the part-time peace officer is on active duty status; and
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4. the means by which the designated supervising peace officer is to be notified when
the part-time peace officer is no longer on active duty status.
B. An agency that agrees to designate a peace officer to supervise a part-time peace
officer who is not employed by the same agency shall establish at a minimum:
1. all policies required under MN RULES 6700.1105, Subpart 2;
2. all policies required under MN RULES 6700.1110; and
3. a written joint powers agreement which confers upon the designated supervising
peace officer full power and authority within the jurisdiction of the part-time peace
officer to be supervised.
IV. RESPONSIBILITIES OF THE PART-TIME PEACE OFFICER
A. The hours of active duty status during the calendar year of a part-time peace officer are
limited to no more than 1,040 hours.
B. A part-time peace officer shall record all active duty hours worked either on the Part-time
Peace Officer Monthly Hour Log provided by the POST Board, or in an electronic format
that includes the same information for each agency by whom the part-time peace officer
is appointed. The part-time peace officer shall record the date, time, and total hours of
active duty, the name of the agency for which the hours were worked and the name of
the designated supervising peace officer assigned for each shift or time entry on the log.
C. On the last day of every month the part-time peace officer shall provide the chief law
enforcement officer of every agency for whom the part-time peace officer worked a
written notice of the total number of hours worked for all agencies. The notice may be
provided on the Part-time Peace Officer Monthly Hour Log provided by the POST Board
or in an electronic format that includes the same information.
D. The part-time peace officer shall keep and maintain copies of active duty reporting forms
for five years and shall make the forms available to the POST Board upon request.
V. POLICY DISTRIBUTION
Copies of policies required under MN RULES 6700.1105 to 6700.1130, must be provided to
all part-time peace officers before they are authorized to exercise part-time peace officer
authority on behalf of a unit of government. Copies of these policies shall also be distributed
to all designated peace officers.
PB Rev 01/2011
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G.P.1.34
Effective Date: January 1, 2019
Revised: July 15, 2020
Unmanned Aerial System
PURPOSE AND SCOPE:
The purpose of this policy is to establish guidelines for the use of an Unmanned Aerial System
UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS.
DEFINITIONS
Definitions related to this policy include:
Unmanned Aerial System (UAS) – An unmanned aircraft of any type that is capable of
sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to
as an unmanned aerial vehicle - UAV), and all of the supporting or attached systems designed for
gathering information through imaging, recording, or other means.
UAS operations/program coordinator – Supervisor of UAS program, or a designee, whose
responsibilities include the coordination of the drone acquisitions, operations, training of the
remote pilots, maintenance, and operational deployments.
Pilot in Command (PIC) – The UAS pilot responsible for the operation and safety of a GVPD
UAS during all aspects of the flight.
Visual Observer (VO) – Any person so designated by the PIC with the sole responsibility of
visually observing the drone and communicating with the PIC for the safety of the drone
operation and anyone in the surrounding area.
POLICY
Unmanned Aerial Systems may be utilized to enhance GVPD’s mission of protecting lives and
property when other means and resources are not available or are less effective. Any use of a
UAS will be in strict accordance with constitutional and privacy rights in addition to Federal
Aviation Administration (FAA) regulations. All missions and flights conducted will be in
compliance with the Certificate of Authorization (COA) issued by the FAA or within the
regulations of the FAA Part 107.
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PRIVACY
The use of a UAS potentially involves privacy considerations. Absent a warrant or exigent
circumstances, PICs and VOs shall adhere to FAA altitude regulations (no greater than 400ft
Above Ground Level (AGL) without a waiver) and shall not intentionally record or transmit
images of any location where a person would have a reasonable expectation of privacy (e.g.,
residence, yard, enclosure.) Operators and observers shall take reasonable precautions to avoid
inadvertently recording or transmitting images of areas where there is a reasonable expectation
of privacy. Reasonable precautions can include operational measures such as deactivating or
turning imaging devices away from such areas or persons during UAS operations.
UAS PROGRAM COORDINATOR RESPONSIBILITIES
The Chief of Police will appoint a program coordinator who will be responsible for the
management of the UAS program. The program coordinator will ensure that policies and
procedures conform to current laws, regulations, best practices, and will have the following
additional responsibilities:
Ensuring the UAS model(s) in service comply with FAA regulations.
Ensuring the UAS has current registration and markings in addition to adequate proof of
ownership.
Coordinating the FAA Certificate of Waiver or Authorization (COA) application process
and ensuring that the COA is current.
Ensuring that all authorized operators and observers have completed all required FAA
and department-approved training in the operation, applicable laws, policies and
procedures regarding use of the UAS.
Developing uniform protocol for submission and evaluation of requests to deploy a UAS,
including urgent requests made during ongoing or rapidly evolving incidents.
Deployment of a UAS requires authorization from the on-duty supervisor as well as the
Program Coordinator or Chief Pilot.
Implementing a system for public notification of UAS deployment.
Developing an operation protocol governing the deployment and operation of a UAS
including but not limited to, safety oversight, use of visual observers, establishment of
lost link procedures and communication with Air Traffic Control facilities.
Developing a protocol to document all missions.
Developing a UAS inspection, maintenance, and record keeping protocol to ensure
continuing airworthiness of a UAS, up to and including its overhaul or life limits.
Developing protocols to ensure that all data intended to be retained as evidence is
accessed, maintained, stored and retrieved in a manner that ensures its integrity as
evidence, including strict adherence to chain of custody requirements. Electronic trails,
including encryption, authenticity certificates and date and time stamping, shall be used
as appropriate to preserve individual rights and to ensure the authenticity and
maintenance of a secure evidentiary chain of custody.
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Developing protocols that ensure retention and purge periods are maintained in
accordance with established records retention schedules.
Facilitating law enforcement access to images and data captured by the UAS.
Recommending program enhancements, particularly regarding safety and information
security.
Ensuring that established protocols are followed by monitoring the training program and
deployment of the UAS.
UAS OPERATIONAL PROCEDURE
Only authorized operators who have completed the required training shall be permitted to
operate the UAS.
The UAS is to be maintained in an airworthy condition, and flight ready, according to the
manufacturer’s recommendations and related industry standards.
Prior to any mission, the PIC will inspect the UAS to ensure it is airworthy and perform a pre-
flight check.
The PIC will notify HC dispatch of the location the UAS is going to be deployed from and the
area where operations will be conducted prior to deployment.
In the event any manned aviation unit arrives on scene, the PIC will immediately notify the
incoming aircraft of the UAS position and altitude and establish a safe altitude level as to not
interfere with the manned aircraft.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally
available to the public) is permissible in viewing areas only where there is no protectable privacy
interest or when in compliance with a search warrant or court order. In all other instances, legal
counsel should be consulted.
UAS operations should primarily be conducted during daylight hours and only operated in the
dark under exigent circumstances. A UAS should not be flown over populated areas without
FAA approval. In the event of unsuitable weather conditions, the PIC may call off the
deployment of a UAS.
Requests from other agencies for UAS support will be made to Hennepin County Dispatch
HCD). HCD will request approval through the on-duty GVPD supervisor as well as the Program
Coordinator or Chief Pilot. Once authorization for use is granted, the on-duty GVPD supervisor
will determine whether or not additional off-duty UAS program personnel are needed. If so, the
on-duty GVPD supervisor will notify UAS program personnel via telephone or text messaging.
In cases of rapidly evolving situations, the on-duty GVPD supervisor must attempt to make
contact with the Program Coordinator or Chief Pilot, however, the on-duty supervisor may
approve immediate deployment of on-duty UAS program personnel who are capable of operating
the UAS within policy, procedures and Federal Regulations.
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Operators must check from Temporary Flights Restrictions (TFRs) prior to deployment. Golden
Valley/Hennepin County falls within 30nm radius of the MSP airport and is specifically included
in many TFRs throughout the year.
Federal Aviation Administration’s website for TFR restrictions:
http://tfr.faa.gov/tfr2/list.html
Following UAS deployment the PIC will complete the post flight inspection and flight logs after
each flight.
If the PIC detects any issue that affects the airworthiness of the UAS, they will immediately tag
the UAS as un-airworthy, complete a maintenance request and forward it to the Program
Coordinator.
The PIC will follow all applicable 14 CFR Part 107 regulations at all times, unless a waiver has
been issued by the FAA to operate outside of said regulations.
AUTHORIZED USES
The UAS video surveillance equipment shall only be used:
to conduct search and rescue operations;
to locate fleeing suspects or escaped prisoners;
to aid or assist in other life safety operations;
to aid or assist in criminal investigations;
for Department approved training and outreach missions;
to conduct traffic, land surveys, and mapping functions;
to collect evidence with a signed search warrant.
Authorized use without a warrant:
during or in the aftermath of an emergency situation that involves the risk of death or
bodily harm to a person;
over a public event where there is a heightened risk to the safety of participants or
bystanders;
to counter the risk of a terrorist attack by a specific individual or organization if the
agency determines that credible intelligence indicates a risk;
to prevent the loss of life and property in natural or man-made disasters and to facilitate
operational planning, rescue, and recovery operations in the aftermath of these disasters;
to conduct a threat assessment in anticipation of a specific event;
to collect information from a public area if there is reasonable suspicion of criminal
activity;
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to collect information for crash reconstruction purposes after a serious or deadly collision
occurring on a public road;
over a public area for officer training or public relations purposes; and
for purposes unrelated to law enforcement at the request of a government entity provided
that the government entity makes the request in writing to the law enforcement agency
and specifies the reason for the request and proposed period of use.
LIMITATIONS OF USE
Golden Valley Police using a UAV must comply with all Federal Aviation
Administration requirements and guidelines;
UAV shall not deploy with facial recognition or other biometric-matching technology
unless expressly authorized by a warrant;
UAV shall not be equipped with weapons;
to collect data on public protests or demonstrations unless expressly authorized by a
warrant or an exception applies under “authorized use without a warrant”;
to conduct random surveillance activities;
to target a person based solely on individual characteristics such as, but not limited to
race, ethnicity, national origin, religion, disability, gender or sexual orientation;
to harass, intimidate or discriminate against any individual or group;
to conduct personal business of any type.
DOCUMENTATION REQUIRED
Golden Valley Police will document each use of a UAV, connect each deployment to a unique
case number, provide a factual basis for the use of a UAV, and identify the applicable
warrantless exception unless a warrant was obtained.
NIGHT OPERATIONS
1. The Responsible Party listed on the Waiver is responsible to the FAA for the safe conduct of
the operations. Prior to conducting operations that are the subject of this Waiver, the responsible
party:
a. Must ensure the remote PIC, manipulators of the controls, and VO are informed on the
terms and provisions of this Waiver and the strict observance of the terms and provisions
herein;
b. Must ensure the remote PIC, manipulators of the controls, and VO are informed and
familiar with part 107 regulations not waived; and
c. The above (a and b) must be documented and must be presented for inspection upon
request from the Administrator or an authorized representative.
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2. This Waiver must not be combined with any other waiver(s), authorizations(s), or
exemption(s) without specific authorization from the FAA; Certificate of Waiver Number 107W-
2018-15597
3. The FAA has the authority to cancel or delay any or all flight operations if the safety of
persons or property on the ground or in the air are in jeopardy or there is a violation of the terms
of this Waiver;
4. A copy of this Waiver must be available during UAS operations that are the subject of this
Waiver;
5. The Responsible Party listed on this Waiver must maintain a current list of pilots by name and
remote pilot certificate number used in the Waiver holder’s operations. This list must be
presented for inspection upon request from the Administrator or an authorized representative;
6. The Responsible Party listed on this Waiver must maintain a current list of small unmanned
aircraft (UAS) by registration number(s) used in the Waiver holder’s operations. This list must
be presented for inspection upon request from the Administrator or an authorized representative.
Operations as defined in 14 CFR § 1.1, Specific Special Provisions. UAS operations may be
conducted under this waiver provided:
7. All operations under this Waiver must use one or more VO.
8. Prior to conducting operations that are the subject of this Waiver, the remote PIC and VO
must be trained, as described in the Waiver application, to recognize and overcome visual
illusions caused by darkness, and understand physiological conditions which may degrade night
vision. This training must be documented and must be presented for inspection upon request
from the Administrator or an authorized representative.
9. The area of operation must be sufficiently illuminated to allow both the remote PIC and VO to
identify people or obstacles on the ground, or a daytime site assessment must be performed prior
to conducting operations that are the subject of this Waiver, noting any hazards or obstructions;
and.
10. The UAS must be equipped with lighted anti-collision lighting visible from a distance of no
less than 3 statute miles. The intensity of the anti-collision lighting may be reduced if, because of
operating conditions, it would be in the interest of safety to do so.
DATA CLASSIFICATION; RETENTION
A. Data collected by a UAV are private data on individuals or nonpublic data, subject to the
following:
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if the individual requests a copy of the recording, data on other individuals who do not
consent to its release must be redacted from the copy;
UAV data may be disclosed as necessary during or in the aftermath of an emergency
situation that involves the risk of death or bodily harm to a person;
UAV data may be disclosed to a government entity for purposes unrelated to law
enforcement at the request of a government entity provided that the government entity
makes the request in writing to the law enforcement agency and specifies the reason for
the request and proposed period of use;
UAV data that are criminal investigative data are governed by section 13.82, subdivision
7; and
UAV data that are not public data under other provisions of chapter 13 retain that
classification.
B. Section 13.04, subdivision 2, does not apply to data collected by a UAV.
C. Notwithstanding section 138.17, a law enforcement agency must delete data collected by a
UAV as soon as possible, and in no event later than seven days after collection unless the
data is part of an active criminal investigation.
DISCLOSURE OF WARRANT
A. Within a reasonable time but not later than 90 days after the court unseals a warrant under this
subdivision, the issuing or denying judge shall cause to be served on the persons named in the
warrant and the application an inventory that shall include notice of:
1) the issuance of the warrant or application;
2) the date of issuance and the period of authorized, approved, or disapproved collection of
information, or the denial of the application; and
3) whether information was or was not collected during the period.
B. A warrant authorizing collection of information with a UAV must direct that:
1) the warrant be sealed for a period of 90 days or until the objective of the warrant has been
accomplished, whichever is shorter; and
2) the warrant be filed with the court administrator within ten days of the expiration of the
warrant.
C. The prosecutor may request that the warrant, supporting affidavits, and any order granting the
request not be filed. An order must be issued granting the request in whole or in part if, from
affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe
that filing the warrant may cause the search or a related search to be unsuccessful, create a
substantial risk of injury to an innocent person, or severely hamper an ongoing investigation.
D. The warrant must direct that, following the commencement of any criminal proceeding using
evidence obtained in or as a result of the search, the supporting application or affidavit must be
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filed either immediately or at any other time as the court directs. Until the filing, the documents
and materials ordered withheld from filing must be retained by the judge or the judge's designee.
REPORTING
A. By January 15 of each year, each law enforcement agency that maintains or uses a UAV shall
report to the commissioner of public safety the following information for the preceding calendar
year:
1) the number of times a UAV was deployed without a search warrant issued under this
chapter, identifying the date of deployment and the authorized use of the UAV under
subdivision 3; and
2) the total cost of the agency's UAV program.
B. By June 15 of each year, the commissioner of public safety shall compile the reports
submitted to the commissioner under paragraph (a), organize the reports by law enforcement
agency, submit the compiled report to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over data practices and public safety,
and make the compiled report public on the department's website.
C. By January 15 of each year, a judge who has issued or denied approval of a warrant under
this section that expired during the preceding year shall report to the state court administrator:
1) that a warrant or extension was applied for;
2) the type of warrant or extension applied for;
3) whether the warrant or extension was granted as applied for, modified, or denied;
4) the period of UAV use authorized by the warrant and the number and duration of any
extensions of the warrant;
5) the offense specified in the warrant or application or extension of a warrant; and
6) the identity of the law enforcement agency making the application and the person
authorizing the application.
D. By June 15 of each year, the state court administrator shall submit to the chairs and ranking
minority members of the senate and house of representatives committees or divisions having
jurisdiction over data practices and public safety and post on the supreme court's website a full
and complete report concerning the number of applications for warrants authorizing or approving
use of UAVs or disclosure of information from the use of UAVs under this section and the
number of warrants and extensions granted or denied under this section during the preceding
calendar year. The report must include a summary and analysis of the data required to be filed
with the state court administrator under paragraph (c).
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G.P. 1.27
Effective Date: October 2008
Revised: March 2013
November 2014
May 8, 2019
Use of Digital Audio/Video Recording Equipment in Police Vehicles &
Booking/Interview
PURPOSE:
The purpose of this policy is to establish guidelines and procedures for the installation, operation,
and use of police vehicle installed digital audio/video recording (DVR) equipment and to
establish a retention schedule and classification of DVR evidence.
The primary use of DVR equipment in police vehicles is for the collection of evidence to be used
in the prosecution of those who violate the law and provide objective evidence of police and
subject actions during police operations. The DVR system may also be used as a training tool
for officer safety and best practices in the Golden Valley Police Department.
PROCEDURES:
DVR equipment will be installed within the trunk of the patrol vehicles in accordance with the
manufacturer’s recommendations and will be installed so as to not present a safety hazard
Operators will assure that the camera’s view is not restricted.
General Use
1. The DVR system must be logged into at the beginning and end of an operator’s shift.
The operator is responsible for ensuring that the DVR equipment is operating correctly
before utilizing the equipment. Any malfunctions or defects in the DVR equipment will
be reported to the support services supervisor and the duty supervisor.
2. If the vehicle DVR system is found to be malfunctioning the operator should switch to a
vehicle with a working DVR system unless otherwise directed by a supervisor.
3. Officers shall wear the assigned body cameras when performing their assigned duties or
otherwise engaged in law enforcement activities, which also serves as the audio.
4. The DVR system is activated by the following:
The body camera
Activation on the camera and/or computer
The activation of the squad’s emergency lighting (2nd position)
The activation of the squad’s crash sensor
When using a squad, Officers, CSO’s shall activate the in-squad camera system
when responding to all calls for service and field generated activities including,
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but not limited to, pursuits, Terry stops of motorists or pedestrians, arrests,
searches, suspect interviews and interrogations, and during any police/citizen
contact that becomes, or is anticipated to become adversarial. Activation of the
BWC should activate the in-squad camera when in range. If the BWC was
activated out of range or if the BWC did not activate the in-squad system, then
there would be no expectation the in-squad camera was activated, and the system
would revert back to the BWC video. However, Officers need not activate their
cameras when it would be unsafe, impossible, or impractical to do so.
Whenever an incident fails to record activity that is required to be recorded under
this policy or captures only a part of the activity, the Officer must document the
circumstances and reasons for not recording in an incident report or CAD event
if no report is completed). Supervisors shall ensure in-squad camera use is in
compliance with this policy when reviewing reports and CAD data, and initiate
any correction action deemed necessary.
5. Officers may change the camera position at their own discretion for the following
purposes:
To record their reasons for current or planned enforcement action
To record the actions of suspects during interviews or when placed in custody
To record circumstances at crime scenes or accidents
To record any other situation as warranted
6. Once recording begins, officers shall record the entire incident. Officers are not required
to cease recording for anyone except at the officer’s own judgment or a supervisor’s
discretion. At the conclusion of the incident, officers are responsible for properly
classifying the incident for system retrieval and storage.
7. Officers will utilize the DVR system for in-custody interview/interrogations and reading
of the Implied Consent.
8. Officers will activate the DVR system in booking whenever they bring a suspect into the
booking facility. The DVR system should remain on while a suspect(s) is in custody,
even when they are in the holding room areas.
9. Recording may be stopped during those situations where the police vehicle will be
stationary for an extended period of time, such as directing traffic at emergency scenes
and the officer determines there is no evidentiary need to continue recording.
10. Officers who record an incident will document in their reports that an incident has been
recorded.
CONTROL AND RETENTION
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1. Audio/video recordings generated are the exclusive property of the Golden Valley Police
Department and shall be governed by the policy and law regulating government data.
2. The digital recordings are transferred to the system’s server from the wireless upload area
of the police parking lot. The process is automatic and does not require the user to
initiate the transfer. Upon file transfer completion the uploading server will verify all
files have been transferred and initiate an in-car flash card memory erase.
3. Only the designated system administrator (s) has access to the DVR unit.
4. Officers are required to classify each of their recordings with the proper classification.
5. Classifications and retention periods are as follows:
Classification Retention time
Arrest 6 years
Critical Incident Indefinite
Interview 6 years
Misc. Others 90 days
Report 3 years
Traffic/Citation & Warning 6 years
Traffic/No Citation/Suspicious 1 year
Training 90 days
Video System Check 90 days
Death Investigation/CSC Indefinite
DVD Production
1. The Chief of Police must be advised of all media requests to view or obtain a copy of a
digital video recording (DVR).
2. Requests by department personnel to have a DVD made of an incident will be routed
through the Support Services Supervisor in a timely manner.
3. Outside requests for a DVD of an incident will be routed through the Support Services
Supervisor and will be in accordance with policy and data practice law. A reasonable fee
will be charged for producing a DVD.
4. Officers are encouraged to recommend to their supervisor recorded incidents that would
be useful for Golden Valley Police Department in-service training.
5. When making a request for a copy of a case video, officers shall complete the “DVD
Request Form” and indicate the reason for the request on the form. In general, copies of
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videos will not be given out until the case is closed and all evidence is considered
public. The exceptions to this include, but are not limited to, court preparation, request
by the prosecuting attorney or request by another law enforcement agency for specific
case-related reasons.
6. Prosecuting attorneys may export videos to DVD when deemed necessary in the course
of prosecution.
Prosecuting Attorneys
1. Prosecuting attorneys may be granted access to the DVD back-end system for the sole
purpose of viewing/exporting videos associated with cases that are being actively
prosecuted or as otherwise authorized by the Chief of Police or his/her designee.
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USE OF FORCE AND DEADLY FORCE POLICY
MN STAT 626.8452
1) PURPOSE
It is the policy of the Golden Valley Police Department will provide officers with
guidelines for the use of force and deadly force in accordance with:
MN STAT 626.8452 DEADLY FORCE AND FIREARMS USE;
POLICIES AND INSTRUCTION REQUIRED;
MN STAT 626.8475 DUTY TO INTERCEDE AND REPORT;
MN STAT 609.06 AUTHORIZED USE OF FORCE;
MN STAT 609.065 JUSTIFIABLE TAKING OF LIFE; and
MN STAT 609.066 AUTHORIZED USE OF FORCE BY PEACE OFFICERS.
2) POLICY
It is the policy of this law enforcement agency to ensure officers respect the sanctity of
human life when making decisions regarding use of force. Sworn law enforcement
officers have been granted the extraordinary authority to use force when necessary to
accomplish lawful ends. Officers shall treat everyone with dignity and without prejudice
and use only the force that is objectively reasonable to effectively bring an incident
under control, while protecting the safety of others and the officer.
Officers shall use only that amount of force that reasonably appears necessary given
the facts and circumstances perceived by the officer at the time of the event to
accomplish a legitimate law enforcement purpose.
Officers should exercise special care when interacting with individuals with known
physical, mental health, developmental, or intellectual disabilities as an individual's
disability may affect the individual's ability to understand or comply with commands
from peace officers.
The decision by an officer to use force or deadly force shall be evaluated from the
perspective of a reasonable officer in the same situation, based on the totality of the
circumstances known to or perceived by the officer at the time, rather than with the
benefit of hindsight, and that the totality of the circumstances shall account for
occasions when officers may be forced to make quick judgments about using such
force.
This policy is to be reviewed annually and any questions or concerns should be
addressed to the immediate supervisor for clarification.
This policy applies to all licensed peace officers and part-time peace officers engaged
in the discharge of official duties.
Section (4) Procedure, paragraphs (g.1-2), are effective March 1, 2021 and
thereafter.
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3) DEFINITIONS
a) Bodily Harm: Physical pain or injury.
b) Great Bodily Harm: Bodily injury which creates a high probability of death, or which
causes serious, permanent disfigurement, or which causes a permanent or protracted
loss or impairment of the function of any bodily member or organ or other serious bodily
harm.
c) Deadly Force: Force used by an officer that the officer knows, or reasonably should know,
creates a substantial risk of causing death or great bodily harm. The intentional discharge
of a firearm in the direction of another person, or at a vehicle in which another person is
believed to be, constitutes deadly force.
d) De-Escalation: Taking action or communicating verbally or non-verbally during a
potential force encounter in an attempt to stabilize the situation and reduce the immediacy
of the threat so that more time, options, and resources can be called upon to resolve the
situation without the use of force or with a reduction in the force necessary. De-escalation
may include the use of such techniques as command presence, advisements, warnings,
verbal persuasion, and tactical repositioning.
e) Other Than Deadly Force: Force used by an officer that does not have the purpose of
causing, nor create a substantial risk of causing, death or great bodily harm.
f) Choke Hold: A method by which a person applies sufficient pressure to a person to
make breathing difficult or impossible, and includes but is not limited to any pressure to
the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of
air. Choke hold also means applying pressure to a person's neck on either side of the
windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the
carotid arteries.
g) Authorized Device: A device an officer has received permission from the agency to carry
and use in the discharge of that officer’s duties, and for which the officer has:
a. obtained training in the technical, mechanical and physical aspects of the
device; and
b. developed a knowledge and understanding of the law, rules and
regulations regarding the use of such a device.
4) PROCEDURE
a) General Provisions
1. Use of physical force should be discontinued when resistance ceases or
when the incident is under control.
2. Physical force shall not be used against individuals in restraints, except as
objectively reasonable to prevent their escape or prevent imminent bodily
injury to the individual, the officer, or another person. In these situations, only
the amount of force necessary to control the situation shall be used.
3. Once the scene is safe and as soon as practical, an officer shall provide
177
3 Approved by the POST Board August 17, 2020 Rev. 12/20/2021
appropriate medical care consistent with his or her training to any individual
who has visible injuries, complains of being injured, or requests medical
attention. This may include providing first aid, requesting emergency medical
services, and/or arranging for transportation to an emergency medical facility.
4. All uses of force shall be documented and investigated pursuant to this
agency’s policies.
b) Duty to Intercede
Regardless of tenure or rank, an officer must intercede when:
a. present and observing another officer using force in violation of
section 609.066, subdivision 2, or otherwise beyond that which is
objectively reasonable under the circumstances; and
b. physically or verbally able to do so
c) Duty to Report
An officer who observes another officer use force that exceeds the degree of
force permitted by law has the duty to report the incident in writing within 24
hours to the chief law enforcement officer of the agency that employs the
reporting officer.
d) De-escalation:
1. An officer shall use de-escalation techniques and other alternatives to higher
levels of force consistent with their training whenever possible and appropriate
before resorting to force and to reduce the need for force.
2. Whenever possible and when such delay will not compromise the safety of
another or the officer and will not result in the destruction of evidence, escape of
a suspect, or commission of a crime, an officer shall allow an individual time and
opportunity to submit to verbal commands before force is used.
e) Use of Other Than Deadly Force
1. When de-escalation techniques are not effective or appropriate, an officer
may consider the use of other than deadly force to control a non-compliant or
actively resistant individual. An officer is authorized to use agency-approved
other than deadly force techniques and issued equipment in the following
circumstances:
a. effecting a lawful arrest; or
b. the execution of legal process; or
c. enforcing an order of the court; or
d. executing any other duty imposed upon the public officer by law; or
e. defense of self or another.
f) Use of Certain Types of Force
1. Except in cases where deadly force is authorized as articulated in MN STAT.
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4 Approved by the POST Board August 17, 2020 Rev. 12/20/2021
609.066 to protect the peace officer or another from death or great bodily
harm, officers are prohibited from using:
a. Chokeholds,
b. Tying all of a person’s limbs together behind a person’s back to
render the person immobile, or;
c. Securing a person in any way that results in transporting the person
face down in a vehicle.
2. Less than lethal measures must be considered by the officer prior to applying
these measures.
g) Use of Deadly Force
1. An officer is authorized to use deadly force if an objectively reasonable officer
would believe, based on the totality of the circumstances known to the officer
at the time and without the benefit of hindsight, that such force is necessary.
Use of deadly force is justified when one or both of the following apply;
a. To protect the peace officer or another from death or great bodily
harm, provided that the threat:
i. can be articulated with specificity;
ii. is reasonably likely to occur absent action by the law
enforcement officer; and
iii. must be addressed through the use of deadly force without
unreasonable delay; or
b. To effect the arrest or capture, or prevent the escape, of a person
whom the peace officer knows or has reasonable grounds to believe
has committed or attempted to commit a felony and the officer
reasonably believes that the person will cause death or great bodily
harm to another person under the threat criteria in paragraph (a),
items (i) to (iii), unless immediately apprehended.
2. An officer shall not use deadly force against a person based on the danger
the person poses to self if an objectively reasonable officer would believe,
based on the totality of the circumstances known to the officer at the time and
without the benefit of hindsight, that the person does not pose a threat of
death or great bodily harm to the peace officer or to another under the threat
criteria in paragraph (1a), items (i) to (iii).
3. Where feasible, the officer shall identify themselves as a law enforcement
officer and warn of his or her intent to use deadly force.
4. In cases where deadly force is authorized, less than lethal measures must be
considered first by the officer.
h) Training
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5 Approved by the POST Board August 17, 2020 Rev. 12/20/2021
1. All officers shall receive training, at least annually, on this agency’s use of
force policy and related legal updates.
2. In addition, training shall be provided on a regular and periodic basis and
designed to
a. Provide techniques for the use of and reinforce the importance of de-
escalation
b. Simulate actual shooting situations and conditions; and
c. Enhance officers’ discretion and judgement in using other than deadly
force in accordance with this policy.
3. Before being authorized to carry a firearm all officers shall receive training
and instruction with regard to the proper use of deadly force and to the
agency’s policies and State statutes with regard to such force. Such training
and instruction shall continue on an annual basis.
4. Before carrying an authorized device all officers shall receive training and
instruction in the use of the device including training as it relates to its use in
deadly force and/or other than deadly force situations. Such training and
instruction shall continue on an annual basis.
5. Officers will carry and use only authorized devices unless circumstances exist
which pose an immediate threat to the safety of the public or the officer
requiring the use of a device or object that has not been authorized to counter
such a threat.
6. With agency approval officers may modify, alter or cause to be altered an
authorized device in their possession or control.
i) Recordkeeping Requirements
The chief law enforcement officer shall maintain records of the agency’s compliance with
use of force training requirements.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
4A. Public Hearing Regarding a Request for Approval of a Planned Unit Development (PUD) Major
Amendment for Bassett Creek Medical Center at 5851 Duluth Street, Ordinance No. 785
Prepared By
Jacquelyn Kramer, Senior Planner
Darren Groth, Assistant Community Development Director
Summary
The request before you this evening is to open the public hearing for the Major PUD Amendment and
then continue it to the City Council meeting on September 17, 2024. This continuation is necessary
due to a revision in the public hearing date following the Planning Commission meeting. Although the
newspaper notification was updated to reflect the new date of September 3, 2024, the published ad
mistakenly listed the prior date of August 20, 2024. Additionally, the WEBEX meeting code and Bitly
link were not updated to correspond with the September 3, 2024, meeting information.
Background
The applicant (Lisa R. and Mark Leutem Investment LLC) requests a PUD amendment to add Assisted
Living as a permitted use in PUD No. 1-A for the property located at 5851 Duluth Street. This request
includes the initial remodel of 3,184 square feet of existing office space into nine Assisted Living
accommodations, with the ability to expand and use up to 25 percent of the building for Assisted
Living use to accommodate up to 30 patients.
The planning commission held an informal public hearing and voted unanimously to recommend
approval of the request with conditions. These conditions are listed in the attached draft meeting
minutes from the July 8, 2024, planning commission meeting. Staff discussed these conditions with the
applicant after the planning commission met. These conditions, along with staff’s analysis of the
applicant’s responses, are listed below:
1. Provide pedestrian connections from the building to city trail North and South side of the
building/parking lot. An existing sidewalk connects the south parking lot to the city trail. A gravel
path connects the north parking lot to the city trail. The applicant has agreed to regrade and
clean up the north trail connection to make it more accessible and visible to trail users.
1. Add pedestrian connection to Duluth Street. The city trail west of the site connects to the Duluth
Street sidewalk.
1. Maintain the private pedestrian connection year-round . The applicant submitted a snow removal
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plan to ensure the trail connections are snow free all winter.
1. Provide updated snow maintenance plan . The applicant submitted a snow removal and storage
plan for staff’s review.
1. Address the building lighting to comply with code standards . Staff reviewed the existing building
lighting with the applicant and confirmed there is no new outdoor lighting proposed for this
project. Staff finds the project meets the outdoor lighting requirements in Section 113-153 of
the zoning ordinance.
Financial or Budget Considerations
N/A
Legal Considerations
The City Attorney has not reviewed the ordinance; however, it was created using an approved
template without changes to the template.
Equity Considerations
The applicant’s request was part of an informal public hearing at the July 8, 2024 Planning
Commission meeting which provided in person and remote options for residents to participate
in the process consistent with Equity Pillar 2 for Inclusive and Effective Community
Engagement.
Recommended Action
Motion to open the public hearing for Ordinance No. 785 amending PUD No. 1-A for the
property located at 5851 Duluth Street , and to continue the public hearing to September 17,
2024.
Supporting Documents
Ordinance No. 785 - 5851 Duluth Street
Staff Memo - Planning Commission - 07-08-2024
Draft Minutes - Planning Commission - 07-08-2024
182
ORDINANCE NO. 785
AN ORDINANCE AMENDING THE CITY CODE
Approval of Major PUD Amendment
Bassett Creet Medical PUD No. 1-A, Amendment No. _____
Lisa R. and Mark Leutem Investment LLC, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 113 entitled “Zoning” is amended in Article III,
Division 3, 113-123 by approving a Major PUD Amendment to Planned Unit
Development (PUD) No. 1-A thereby allowing assisted living as a permitted use and an
expansion of the existing building, along with other requirements.
This Major PUD Amendment is subject to all of the terms of the permit to be
issued including, but not limited to, the following specific conditions:
1. The applicant shall maintain pedestrian connections from the building to city trail
north and south side of the building and parking lot.
2. Maintain the private pedestrian connection year-round.
3. The applicant shall provide an updated snow maintenance plan to maintain
pedestrian connections between the property and city trail year-round.
In addition, the Council makes the following findings pursuant to City Code Section 113-
123, Subd. (c)(2):
Whereas, Lisa R. and Mark Leutem Investment LLC applied for a major PUD
amendment to add Assisted Living as a permitted use in PUD No. 1-A for the
property located at 5851 Duluth Street.
Whereas, Section 113-123 of the City of Golden Valley City Code governs
planned unit developments and amendments.
Whereas, staff find the PUD amendment meets the Intent and Purpose provision
of the City Code in that it achieves a high quality of site planning, design,
landscaping, and building materials while remaining compatible with the land
uses on-site and with surrounding properties.
Whereas, the City of Golden Valley planning commission held an informal public
hearing on July 8, 2024, and unanimously recommended approval of the major
PUD amendment application with conditions.
Section 2. The tracts of land affected by this ordinance (collectively, the
“Properties”) are legally described as follows:
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Lot 1, Block 1, Bassett's Creek Plaza Phase 3, except that part of said Lot
embraced within Lot 6, Block 1, Hipp's Graceful Plaza Addition.
Hennepin County, Minnesota
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 3rd day of September, 2024.
_____________________
Roslyn Harmon, Mayor
ATTEST:
________________________
Theresa J. Schyma, City Clerk
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1
Date: July 3, 2024
To: Golden Valley Planning Commission
From: Kendra Lindahl, AICP, Consulting City Planner
Subject: Conditional Use Permit to add assisted living as an allowed use at Bassett Creek
Medical Center at 5851 Duluth Street (PID # 2811821310021) (City file # 24-020)
SUMMARY
Lisa R. and Mark Leutem Investment LLC, owners of Bassett Creek Medical Buildings at 5851
Duluth St. are requesting an amendment to the PUD to add Assisted Living as a permitted use in
the PUD for the property at 5851 Duluth St. and remodel of 3,184 square feet office space into a
new Assisted Living space.
MEETING DATE(S)
Planning Commission: July 25, 2024
City Council: August 7, 2024
PROJECT INFORMATION
Applicant: Lisa R. and Mark Leutem Investments LLC
Property owner: Lisa R. and Mark Leutem Investments LLC
Lot size: 4.39 acres
Future land use designation: Office
Zoning district: (O) Office/PUD1-A
Existing use: Office
Adjacent land use, zoning and uses: The properties to the north across Duluth Street are
guided Office, zoned office and developed with an office building. The property to the south is
guided Park and Natural Areas, zoned Park and Natural Areas, and developed with St. Croix
Park. The property to the east is guided Office and zoned Office/PUD1-A. The properties to the
west are guided Residential, zoned R-1 and developed as Single-Family residential properties.
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2
2018 aerial photo (Hennepin County)
Zoning Map (City of Golden Valley)
The property is also in the Shoreland Management District and Floodplain Management District
related to Bassett Creek. Staff reviewed the survey and elevation certificate and, based on the
information provided, the 5851 building is located outside of the FEMA and BCWMC floodplain.
No exterior site work is proposed, therefore, staff has no comments regarding shoreland or
floodplain management.
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PLANNING ANALYSIS
The applicant is seeking approval to amend the PUD to allow assisted living. The City Code does
not specifically define assisted living but does define “Convalescent Home” in accordance Section
113-1 as “any building or group of buildings providing personal assistance or nursing care for
those dependent upon the services by reason of age or physical or mental impairment but not for
the treatment of contagious diseases, addiction, or mental illness, usually of a temporary
duration, within the building.” Convalescent homes are only permitted in the I-M District
(Institutional Medical Subdistrict).
PUD 1-A was approved in 1972 to allow the construction of the building and noted that all uses in
the M-1 zoning district were permitted. Staff does not have a copy of the 1972 ordinance with the
M-1 uses, but PUD noted that the PUD was approved for the “development of Offices Buildings,
Accessory Parking, Open green Space and other as specifically noted on the attached approved
development plans”. The current Office (O) district is predominantly designated for
administrative, professional, and clerical services, as well as medical or laboratory facilities where
activities predominantly occur in an office setting. The PUD notes that other uses may be
permitted by amending the PUD.
Initially, the facility will accommodate nine occupant rooms furnished with standard bedroom
amenities. This facility is intended for adults who are elderly and/or disabled, providing overnight
stays with onsite professional assistance. This proposal includes a request for potential expansion
up to 30 occupants within the building, contingent upon available space. The applicant indicates
that the maximum occupancy will remain below 25% of the property's floor area ensuring that
additional occupants can utilize existing dining and restroom facilities.
No changes are planned for the number of parking stalls, as all changes are internal to the site.
The demand generated by this type of use is similar to the demand created by the permitted
medical/clinical uses.
In reviewing this application, staff has examined the request in accordance with the standards
outlined in §113-123 of the Code, which provides the criteria for granting a Planned Unit
Development (PUD) Major Amendment. The PUD district intent is “to provide an optional method
of regulating land use which permits flexibility from the other provisions of the City Code,
including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings
on a lot, and similar regulations in exchange for public benefit in the form of amenities.”
PUD amendments may be processed in one of three ways:
1. Administrative Amendments
2. Minor Amendments
3. Major Amendments
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This request is considered as Major Amendment because it introduces new uses to the PUD.
Approval of a Planned Unit Development (PUD) amendment, requires the following findings be
made by the City:
a. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and
achieves a higher quality of site planning and design than generally expected under
conventional provisions of this chapter.
Complies. The building changes are internal only. There are no exterior building changes
proposed and the amendment would have no impact on the quality of the site plan.
b. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep slopes, trees,
scenic views, creeks, wetlands and open waters.
Complies. There are no exterior changes to the site. The PUD amendment continues to
preserve and protects substantial desirable portions of the site's characteristics, including steep
slopes, trees, scenic views, creeks, wetlands, and open waters, with all proposed changes being
strictly internal and having no impact on these features.
c. Efficient; Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
Complies. All planned changes are internal and will not alter the land's current characteristics or
features.
d. Consistency. The PUD plan results in development that is compatible with adjacent uses and
consistent with the Comprehensive Plan and redevelopment plans and goals.
The Comprehensive Plan describes the office land use category as “This category includes
offices for administrative, professional, and clerical services. This also includes medical or
laboratory facilities where work is performed in a predominantly office setting. This land use is
located near commercial, institutional, and high-density residential areas and generates
employment in the community.” The Comprehensive Plan generally indicates that nursing
homes, rehabilitation centers and similar uses shall be permitted in the Institutional district.
Assisted living facilities (Convalescent Homes) are a unique use that share qualities with
medical office uses and institutional uses. Through the PUD, the City has a high level of
discretion in determining whether this use is appropriate in this PUD in this location. The PUD
establishes zoning standards for this specific site and would not apply to other sites.
e. General Health. The PUD plan is consistent with preserving and improving the general health,
safety and general welfare of the people of the City.
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The PUD plan is consistent with preserving and improving the general health, safety, and
welfare of the people of the City as the applicant plans to add an assisted living facility
(convalescent home), offering another vital facility for individuals who rely on its services due to
age challenges. However, the City has discretion in determining whether the use is appropriate
on this site.
f. Meets Requirements. The PUD plan meets the intent and purpose provisions of Subsection (a)
of this section and all other provisions of this section.
The intent of Subsection(a) of section 113-123 is to provide an optional method of regulating land
use which permits flexibility from the other provisions of the City Code, including flexibility in uses
allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar
regulations in exchange for public benefit in the form of amenities. The City could find that the
PUD amendment aligns with the intent and purpose provisions of Subsection (a) of section 113-
123 and all other provisions because the plan includes public benefits that enhance the
community by providing another essential medical facility and meet the city's development goals.
However, the City could find that this type of use should be limited to the Institutional zoning
districts and is not appropriate in the Office district upon which this PUD is based.
PUBLIC NOTIFICATIONS
Notice was sent to all adjacent property owners by the City as outlined in City Code Sec. 113-
30-(f).
Additionally, the Neighborhood Notification policy requires the applicant to hold a
neighborhood meeting. The meeting was held at City Hall on July 2nd with remote attendance
options. Other than the applicant there was no one present to speak on this item.
SUMMARY
The City has a relatively high level of discretion in approving PUDs. A PUD must be consistent
with the City’s Comprehensive Plan. The City may impose reasonable requirements in a PUD
not otherwise required if the City deems it necessary to promote the general health, safety and
welfare of the community and surrounding area.
The applicant’s request is to allow up 25% of the building space to be used for assisted living for
up to 30 patients. The initial phase is to modify the space to allow nine units in 8% of the
building (3,184 sq. ft.), but the request is to allow the option for the developer to expand to the
25% area.
Staff has outlined findings of fact in the report for both approval and denial.
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RECOMMENDATION
In consideration of the application, the Planning Commission should consider the analysis in the
staff report and choose of the following two options:
1. If the Commission finds that that standards in the ordinance have been met, they should
recommend approval of the PUD amendment based on the findings in the staff report.
2. If the Commission finds that that standards in the ordinance have not been met, they
should recommend denial of the PUD amendment based on the findings in the staff
report.
ATTACHED EXHIBITS
1. Location map
2. Zoning map
3. Project narrative dated May 28, 2024
4. Survey dated March 21, 2024
5. Building Plans dated April 24, 2024
6. Applicant’s Neighborhood Notice
7. PUD 1-A
8. Office Zoning List
STAFF CONTACT INFORMATION
Prepared by: Maryse Lemvi through
Kendra Lindahl, AICP
Consulting City Planner
klindahl@goldenvalleymn.gov
Reviewed by: Darren Groth
Assistant Community Development
Director
dgroth@goldenvalleymn.gov
190
191
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Narrative for the Amendment
of the Bassett Creek Medical PUD for adding the use of Adult Assisted Living.
Lisa R Leutem Investments LLC and Mark Leutem Investments LLC, owners of the Bassett
Creek Medical Building located at 5851 Duluth St. Golden Valley are requesting an amendment
to the PUD to add the use of Adult Assisted Living to the property and a “REMODEL OF 3,184
SF OFFICE SPACE INTO A NEW R-4 ASSISTED LIVING SPACE”.
Initially the use will have 9 occupant rooms equipped with all standard bedroom furnishings and
fixtures in which adults that are either elderly and or disabled will live overnight with onsite with
their needed professional assistance. The space will also have all restrooms, bathing, kitchen,
dining and gathering rooms all approved for such use to operate by the State of Minnesota.
The tenant delivering the services is a well-established assisted living provider currently
operating in other locations.
This use will not be an apartment or day care facility.
This amendment request comes with the ability for expansion up to 30 occupants in the building
should space become available. Currently the initial occupancy will be 9 occupants is 3184 SF /
38,721 SF or 8%. Tripling the occupancy to 30 will keep the maximum occupancy below 25% of
the property as additional occupants can benefit from existing dining, restroom, etc. space
consistent with State occupancy requirements.
This additional use keeps the property in its medical or health related orientation. The remainder
of the property not mentioned above will go on in its medical building’s use as it did since it’s
inception in 1972.
Thank you, Mark J Leutem
763-234-8128
markleutem@hotmail.com
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194
BASSETT CREEK - ADULT CARE -PERMIT SET01LOCATION MAPSCALE: NOT TO SCALEARCHITECTURALA001TITLE SHEET, CODE SUMMARY, AND OVERALL PLANSA101 DEMOLITION PLANA201 FLOOR PLAN AND ELEVATIONSNORTHCODE SUMMARY2020 MINNESOTA STATE BUILDING CODE(IBC 2018 WITH MINNESOTA AMENDMENTS)TYPE OF OCCUPANCYR-4 (THIS TENANT SPACE)B (REST OF THE BUILDING)TYPE OF CONSTRUCTIONEXISTING 2-BNUMBER OF STORIES1 STORY (SECOND LEVEL)-BUILDING IS 3 STORIES, TOTAL HEIGHT ISAPPROX. 35'-0"BUILDING AREA38,721 SQUARE FEET (12,907 SF FOOTPRINT)AREA OF WORK3,184 SQUARE FEETFIRE SPRINKLERS PROVIDEDYES (NFPA 13)OCCUPANT LOAD16 OCCUPANTSCORRIDOR FIRE RATINGNONE (WITH FIRE SPRINKLERS)OCCUPANCY SEPARATION1/2 HOUR BETWEEN R-3 AND BTHIS SPACE WILL BE A R-4, CONDITION 2, ASSISTED LIVING FACILITY FOR 9PEOPLE, MEETING NFPA 101, 2018 GUIDELINES. THE EXISTING EXITENCLOSURES ARE NOT REQUIRED TO BE A RATED ENCLOSURE, THE EXISTINGKNOB HANDLES WILL BE REPLACED WITH LEVER HANDLES. THE ENTIREBUILDING WILL HAVE A FIRE SUPRESSION SYSTEM (NFPA 13), SEE PLANS FORMORE INFORMATION, INCLUDING FIRE DEPARTMENT CONNECTION ANDCONTROL PANEL. THERE WILL NOT BE ANY SPECIAL DOOR LOCKING ORKEYING OR OTHER UNIQUE OR CONFUSING SAFETY ELEMENTS. THERE ARENOT ANY HAZARDOUS AREAS OR SMOKE COMPARTMENTS IN THEBUILDING. THE EXISTING FLOOR-CEILING ASSEMBLY AND WALLCONSTRUCTION MEETS A 1/2 HOUR FIRE RATING. RATED DOORS WILL BEADDED TO COMPLETE THE ONE HOUR FIRE RATING THAT WILL SEPARATETHIS NEW R-4 OCCUPANCY FROM THE REST OF THE BUILDING.OWNERMARK LEUTEMPHONE: (763) 234-81284645 VINEWOOD LANE NPLYMOUTH, MN 55442DRAWING INDEXSHEET NO.SHEET NAMESUITE 201, 5851 DULUTH STREET GOLDEN VALLEY, MN 55422 PROJECT LOCATIONARCHITECTARMON ARCHITECTURE, INC.CONTACT: PAUL ARMONPHONE: (507) 261-614011 4TH STREET SWROCHESTER, MN 55902DRY CLEANERS100584 GSFEXISTING CONSTRUCTIONROOM NAMEROOM NUMBERNOTES (OPTIONAL)NEW CONSTRUCTIONSYMBOL LEGEND100ANEW DOORDOOR NUMBERINTERIOR ELEVATION MARKERX#KEYNOTEDRAWING NUMBER ON SHEETSHEET NUMBERDRAWING NUMBERDRAWING NAMEDRAWING SCALE00/AXSIMDETAIL CALLOUTSHEET NUMBERDRAWING NUMBER ON SHEETOPTIONAL SPECIALNOTATION01NAMESCALE: 1/8" = 1'-0"BREAKLINEEXISTING DOORAX XXXXEXITEXIT342OCCUPANT LOADOF SPACEOCCUPANT LOADTHROUGH EGRESSCOMPONENT06/A2ALTERNATE INTERIORELEVATION MARKERAWINDOW TYPESD/COCOMBINATION SMOKEDETECTOR/CARBON MONOXIDEDETECTOR (VERIFY WITH ELECTRICAL)REMODEL OF 3,184 SF OFFICE SPACE INTO A NEW R-4ASSISTED LIVING SPACE. WORK CONSISTS OFREMOVING CABINETRY & SINKS, EXPANDING THEKITCHENETTE & DINING AREA, & THE ADDITION OF AWALK IN SHOWER.ORIGINAL BUILDING BUILT IN 1972.PROJECT SCOPE02OVERALL 1ST & 2ND LEVEL PLANSSCALE: 1/16" = 1'-0"NORTHBASSETTCREEKDENTALD
EPDFEPEPGIEBENHAINDENTALTWIN CITIESFOOT ANDANKLEWEST METROOPTHAMOLOGY& OPTOMITRYFIRST FLOORSECOND FLOOREXITEXITEXITTITLE SHEET, CODESUMMARY, ANDOVERALL PLANSA001SHEET DATEDRAWN BYI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THELAWS OF THE STATE OF MINNESOTA.NUMBERPRINTED NAMESIGNATUREDATEBASSETT CREEK - ADULT CARE
SUITE 201, 5851 DULUTH STREET
GOLDEN VALLEY, MN 55422PROJECT NUMBERSHEET TITLEREVISIONS5/20/2024 3:48 PMPrinted:2022-03424 APRIL 2024ARCHITECTURE inc.ARMONCommercial Residential Code Consulting11 FOURTH STREET SW Rochester, MN 55902 Phone: 507.289.606340080PAUL ARMON195
01DEMOLITION PLAN SCALE: 1/4" = 1'-0"NORTHD4
D1. REMOVE EXISTING COUNTER, LOWER CABINETS, AND SINK. PATCH WALL AND FLOOR TO MATCHEXISTING.D2. REMOVE EXISTING UPPER CABINETS, PATCH WALL TO MATCH EXISTING.D3. REMOVE EXISTING REFRIGERATOR, SALVAGE FOR RELOCATION.D4. REMOVE EXISTING DOOR AND FRAME, PREPARE WALL FOR INFILL.D5. COMPLETELY REMOVE EXISTING WALL, ADD CEILING TILES TO PATCH GAPS. PATCH FLOOR ANDADJACENT WALL TO MATCH EXISTING.D6. REMOVE PORTION OF EXISTING WALL TO CREATE NEW DOOR OPENING. PATCH FLOOR AS NEEDED.D7. REMOVE EXISTING DOOR & FRAME, SALVAGE FOR REUSE.D8. DEMO EXISTING DOOR & FRAME COMPLETELY, VERIFY SALVAGE WITH OWNER. NEW DOOR & FRAMETO BE INSTALLED AFTER ADDITIONAL WORK IS DONE TO WALLS.D9. REMOVE EXISTING MOP SINK.DEMOLITION PLAN KEY NOTESD#D1
D1D1D1D1D1
D2D3D5
D5D6D7D8D8D8D8D8D8D5D5D5D9D5
D7D7D7D7SHEET DATEDRAWN BYI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THELAWS OF THE STATE OF MINNESOTA.NUMBERPRINTED NAMESIGNATUREDATEBASSETT CREEK - ADULT CARE
SUITE 201, 5851 DULUTH STREET
GOLDEN VALLEY, MN 55422PROJECT NUMBERSHEET TITLEREVISIONS5/20/2024 3:48 PMPrinted:2022-03424 APRIL 2024ARCHITECTURE inc.ARMONCommercial Residential Code Consulting11 FOURTH STREET SW Rochester, MN 55902 Phone: 507.289.606340080PAUL ARMONDEMOLITION PLANA101196
D01FLOOR PLAN SCALE: 1/4" = 1'-0"NORTHSLEEPINGROOM 1101VISITOR &ACTIVITY ROOM100F1. RE-INSTALL DOOR SALVAGED DURING DEMO.F2. FILL IN OPENING WITH 3 5/8" METAL STUDS @ 16" O.C. W/ GYP. BD. BOTH SIDES. PAINT TO MATCH ADJACENTWALLS.F3. NEW 3 58" METAL STUDS 16" O.C. FROM FLOOR UP TO EXISTING CEILING GRID W/ GYP. BD. BOTH SIDES. PAINTTO MATCH ADJACENT WALLS. USE M.R. GYP. BD. ON BATHROOM WALLS.F4. NEW ACCESSIBLE SHOWER PRE-FABRICATED SHOWER UNIT, SEE ELEVATIONS 05/A201 AND 06/A201.F5. PATCH FLOORING AND WALL BASE WHERE CASEWORK WAS REMOVED, AS NEEDED.F6. NEW 3'-0" X 7'-0" 20 MIN. FIRE RATE DOOR & METAL FRAME WITH SWEEP & SMOKE GASKETS. DOOR & FRAMETO BE INSTALLED AFTER ADDITIONAL WORK IS DONE TO WALLS.F7. EXISTING 3'-0" X 7'-0" FULL GLASS WOOD DOOR & WOOD FRAME TO REMAIN.F8. EXISTING 3'-0" X 7'-0" SOLID WOOD DOOR & METAL FRAME TO REMAIN.F9. NEW SMOKE & CO2 DETECTOR (9 TOTAL).F10. NEW BENCH.F11. ADD SOUND ATTENUATION INSULATION OVER ENTIRE CEILING GRID THAT LAPS 1'-0" PAST CORRIDOR WALL.F12. NEW REFRIGERATOR.F13. NEW STOVE.F14. NEW BASE CABINETS AND UPPER CABINETS, SET COUNTER HEIGHT @ 34" A.F.F.F15. NEW SINK.F16. NEW PREP SINK.F17. NEW 3 COMPARTMENT SINK.F18. NEW DISH WASHER.F19. NEW PANTRY.F20. NEW 3'-0" X 7'-0" DOOR & METAL FRAME WITH LEVER HANDLE (PRIVACY LOCKSET).F21. EXISTING CABINETS AND SINK TO REMAIN.F22. EXISTING DOOR AND HARDWARE TO REMAIN.FLOOR PLAN KEYED NOTESF7F# KITCHENETTE109 DINING AREA108 RECEPTION116 OFFICE115 STORAGE114 OFFICE113 STORAGE111UNI-SEXRESTROOM110 LAUNDRY112SLEEPINGROOM 2102SLEEPINGROOM 3103SLEEPINGROOM 4104SLEEPINGROOM 5105SLEEPINGROOM 6106UNI-SEXRESTROOM107F6F8A201 03040205/A20106/A201
A201 070809F3F1F2F4F5F5F5F5F5F5F6F6F6F6F65'-0"
1'-2"F9F9F9F9F9F9F9F9F9F11F11F11F11F11F11 JANITORIAL117 SHOWER118F4F10
F3 F3F3F3
F19F12
F13
F14
F16F15F14F17
F18
F14
F21 05/A201SIMILARF6F6F6F20
F9F11F9F11F9F11F22
F22F22F22RECESS SHOWERSTALL INTO FLOORFOR ZERO ENTRY2'-10"4"1'-6"CL 3"CLSHOWERCURTAINROD2'-10"CL5'-0"2'-6"05SHOWER ELEVATIONSCALE: 3/8" = 1'-0"06SHOWER ELEVATIONSCALE: 3/8" = 1'-0"1'-5"1'-0"2'-0"17" TO 19"TOP OFGRAB BARCL4'-0"3'-0"2'-10"1'-0"2'-4"1'-2"2'-0"1'-6"1'-6"1'-3"1'-6"4"3'-0"1-1/4" DIAMETERGRAB BARSAREA FOR TOILETPAPERDISPENSER3'-4"2'-10"2'-7"CL1'-11 3/4"02RESTROOMELEVATIONSCALE: 3/8" = 1'-0"03RESTROOMELEVATIONSCALE: 3/8" = 1'-0"04RESTROOMELEVATIONSCALE: 3/8" = 1'-0"07RESTROOMELEVATIONSCALE: 3/8" = 1'-0"08RESTROOMELEVATIONSCALE: 3/8" = 1'-0"09RESTROOMELEVATIONSCALE: 3/8" = 1'-0"1'-0"2'-4"1'-2"2'-0"1'-6"1'-6"1'-3"1'-6"4"3'-0"1-1/4"DIAMETERGRAB BARSAREA FORTOILETPAPERDISPENSER1'-6 1/2"1'-0"2'-0"17" TO 19"TOP OFGRAB BARCL4'-0"3'-0"3'-4"2'-10"2'-7"CL1'-5"4"1'-6"2'-10"VINYL BASELVP FLOORINGVINYL BASELVP FLOORINGVINYL BASELVP FLOORINGCERAMIC TILE UP 4'-0"CERAMIC TILE FLOORINGCERAMIC TILE UP 4'-0"CERAMIC TILE FLOORINGSHEET DATEDRAWN BYI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THELAWS OF THE STATE OF MINNESOTA.NUMBERPRINTED NAMESIGNATUREDATEBASSETT CREEK - ADULT CARE
SUITE 201, 5851 DULUTH STREET
GOLDEN VALLEY, MN 55422PROJECT NUMBERSHEET TITLEREVISIONS5/20/2024 3:48 PMPrinted:2022-03424 APRIL 2024ARCHITECTURE inc.ARMONCommercial Residential Code Consulting11 FOURTH STREET SW Rochester, MN 55902 Phone: 507.289.606340080PAUL ARMONFLOOR PLAN & KITCHENETTEELEVATIONSA201197
Neighborhood Meeting Notice
at 7800 Golden Valley Road, Golden Valley City Hall Second Floor Conference Room
at 6:30 PM July 2, 2024
Whereas Lisa R Leutem Investments LLC and Mark Leutem Investments LLC, owners of the
Bassett Creek Medical Building located at 5851 Duluth St. Golden Valley are requesting an
amendment to the PUD to add the use of Adult Assisted Living to the property and a
“REMODEL OF 3,184 SF OFFICE SPACE INTO A NEW R-4 ASSISTED LIVING SPACE”.
Initially the use will have 9 occupant rooms equipped with all standard bedroom furnishings and
fixtures in which adults that are either elderly and or disabled will live overnight onsite with their
needed professional assistance. The space will also have all restrooms, bathing, kitchen, dining
and gathering rooms all approved for such use to operate by the State of Minnesota.
The tenant delivering the services is a well-established assisted living provider currently
operating in several other locations.
This use will not be an apartment or day care facility.
This amendment request comes with the ability for expansion up to 30 occupants in the building
should space become available. Currently the initial occupancy will be 9 occupants is 3184 SF /
38,721 SF or 8%. Tripling the occupancy to 30 will keep the maximum occupancy below 25% of
the property as additional occupants can benefit from existing dining, restroom, etc. space
consistent with State occupancy requirements.
This additional use keeps the property in its medical or health related orientation. The remainder
of the property not mentioned above will go on in its medical building’s use as it did since its
inception in 1972.
After this Neighborhood Meeting there will be a Planning Commission Meeting on July 8 and
then a City Counsel Meeting on August 6, 2024, on the issue.
Thank you, Mark J Leutem
763-234-8128
198
e
pun No. 1 -A
Date Iss ued:
Village of Golden Valley, r~innesota
USE PER~nT
for
Planned Unit Development
Project Narre:Bassett Creek Plaza
Address:58~1 Duluth Street
Leqal Description: All of Lots 3, 4, 5, 6~ and 7 of Block 1, Hipps Graceful Plaza
Addition, except the North 75 feet of the East 350.29 feet as measured along the
North line thereof of Lot 7, Block 1, Hinps Graceful Plaza Addition, all in
Hennepin County, t,1innesota. (Lots 1 and 2 Block 1 Bassett's Creek Plaza)
fl,pp li cant: Bens on- Orth .Ass oci ates, In c.
Address: l10n Hills Place, Golden Valley, !'1innesota
Otmer (If di fferent from anpl icant): ,ll,rnold Palmer
t\ddress :117 Paisley Lane, Golden Valley, 'r1innesota
Zoning District: Multiple (M-l)
Permitted Us es :
1. 1\11 uses permitted in r'Ll zonina district and subject to the applicable
regulations contained in the r,1unicinal Code and further subject to the conditions
of this SneciallJse Permit; and
2. f', planned unit development of Office Buildings, acce<;sory parking, open green space,
and others as speci fically noted on the attached approved development plans,
dated 8/8/72 marked \'lit'l the file and permit no. and duly signed by the Building
Inspector .
Speci al Condi ti ons or Restri cti ons as Imposed:
J1ll permitted uses shall be subject to the follov1inq special conditions or restrictions
as imposed by the Village Council'
Gene ra 1
1. f'll construction shall be in compliance \'lith all applicable codes and ordinances
of the Village of Golden Valley except as modified herein.
199
200
201
e
e. Servi ces and Facilities Component
Descripti on: A Servi ces and Facili ties Component shall contain a map or maps setting
forth the general location and extent of any and all existing and proposed systems for
sewage, dorrestic water supply and distribution, refuse disposal, drainage, local
utilities and ri ghts-of-way, easements, facilities and appurtenances necessary therefor.
Said Component shall also contain a descriptive statement setting forth objectives,
principles and standards used for its formulation, as well as a detailed statement
describi ng the proposed ownership, method of operation, and maintenance of each such
service and facility.
Req ui remen ts :
1. Buil di ngs, parki ng spaces, common open s pace and other joi nt faci 1 iti es. Certain
1 and areas and structures are provi ded withi n the p1 anned uni t development for
private recreational use or as service facilities. The owner of such land and
buildings shall enter into an agreement with the Village to assure the continued
operati on and maintenance to a predetermi ned reas on ab 1e standard. These common
areas may be placed under ownership of one of the following dependi ng whi ch is
more appropri ate and as may be approved by the Ci ty Counci 1.
a. De di cated to public where a communi ty-wi de use wou1 d be anti ci pated.
b. Dedicated to public as a special assessrrent district or easement.
c. landlord control.
d. landowners Association, provided all of the following conditions are met:
I. The landowners Association must be established prior to any sale.
II. ~'1embership must be mandatory for each ov.mer, and any successive buyer.
III. The open space restrictions must be permanent, not for a given period of years.
IV. The Association must be responsible for liability insurance, local taxes, a,d
the maintenance of residential and other facilities, except as modified by
the Ci ty Counci 1.
V. landovmers must pay their pro rata share of the cost and the assessrrent levied.
by the Assiciation that can becorre a lien on the property.
VI. The Associ ati on must be able to adjust the assessment to meet changed needs.
2. Landscaping shall be properly maintained and replaced if damaged or lost by winter-
ki 11, drought, or other causes.
3. Easerrents for utilities or other purposes shall be provided as requested by the Village.
4. Provisions for sanitary sewer, public \A/ater, surface water drainage, and other
utilities shall be made as required by the Village Engineer.
5. The Bassett Creek easement shall include public right to use as determined by the
Vi 11 age Council except use by motori zed vehi c1 es.
f. Constructi on Order Component
Description: A Construction Order Component shall contain a map or maps setting forth
the proposed chrono1 ogi ca1 order of constructi on re1 ati ng each proposed use and structure
to the construction of the various services and facilities as may be required herein.
Said Component shall include estimated completion dates and shall specify the proposed
order of request for utility release or other authority to occupy completed structures
so as to provide a basis for determining the adequacy of the related services and
facilities for each separate construction phase.
4-202
e e
Requi rements :
1. All public and private development shall proceed in accordance with an approved
stage development program and no building or other construction permits shall be
issued except in accordance with said program.
2. Approval is hereby granted only for the first stage of construction in accordance
with the attached and approved detailed plans; no other construction is permitted
except as specifically authorized attached hereto. ~~ore detailed plans and specific
approval wi 11 be requi red for subsequent and future de vel oprrent.
3. Stag; ng of development shall be as speci fi cally authori zed herein and as supervised
and coordinated by such person or persons as designated by the Village Council.
g. Additional Components
Description: The General Plan of Development may include as additional Components:
A'Recreation Component; a Public Building Co:ponentt providing for consideration for
administrative and public safety quarters; and such other Components indicated by the
nature of the particular proposed developl1lmt.
Requi rerrents :
1. Trash, garbage, wastes t and other refuse shall be stored and disposed of in the
manner as indicated on the approved plans.
2. Exterior storage of other than miscellaneous storage other than normal, approved
vehicular parking shall be permitted only if specifically authorized by conditions
of this permit.
3. No identificationt rentaltadvertisingt directional, or other signs shall be
permi tted except those sped fi cally authori zed and shown on the approved pl ans
as part of this permit.
4. Accessory uses shall be permitted only if specifically authorized and listed as
a permi tted use in this permi t.
5. All development and uses shall be subject to annual inspection by the Village
for purposes of assuring continued conformi t;y to the provisi ons of the permi t.
6~ Inl struc.tures and grounds shall be properly and \t!ell maintained at all times.
7. Bassett Creek shall be maintained as directed by Village Commissions and
Engineering Department so as not to obstruct water flowt introduce pollutants
into the watert produce siltingt cause Gefoliationt produce shoreline cave-inst
or otherwise cause or result in conditions detrimental to the preservation of
this stream in a manner consistent with the public healtht safety, and general
welfare.
h. Maps and Reports
Requi rements :
All maps t reports and other documents attached to thi s permi t whi ch are properly
approved and filed shall be considered as a part of this permit and shall have the
same force and effect as if fully set d01i!n herein and are hereby made a part of this
permi t.
5-
203
204
4tl
PUD No. I-A
Date Issued: 2/4/74
Ci ty of Golden Valley, Minnesota
USE PERMIT
for
Planned Unit Development
Project Name:Bassett's Creek Plaza Phase 2
5801 Duluth streetAddress:
Legal Description: Lots 1, 2, 3, 4 and Outlot A, Block 1,
Bassett's Creek Plaza Phase 2, Hennepin County, Minnesota.
Applicant: Benson-Orth Associ ates, Inc.
Address: 5851 Duluth Street
Owner (If different from applicant): Arnold H. Palmer
117 Paisley Lane, Golden Valley, Minnesota
Zoning District: Multiple (~l)
Address:
Permitted Uses:
1. All uses permitted in M-l zoning district and subject to the applicable
regulations contained in the Municipal Code and further subject to the conditions
of this Special Use Permit; and
2. A planned unit developnent of Office Buildings, accessory parking, open green space,
and others as specifically noted on the attached approved development plans,
dated 2/4/74 marked with the file and permit no. and duly signed by
the Building Inspector
Special Conditions or Restrictions as Imposed:
All permitted uses shall be subject to the following special conditions or restrictions
as imposed by the Village Council:
Gene ral
1.All construction shall be in compliance with all applicable codes and ordinances
of the "City of Golden Valley exeept as modified herein.
Other uses permitted in the M-l zoning district shall not be developed e:1Ccept
in the event that said uses are listed as permitted in the use permit or in the
event that the special use permit is modified or cancelled in whole or in part by
action of the City Council.
2.
1-
205
206
207
e e
Requirements:
1. Buildings, parking spaces, common open space and other joint facilities. Certain
land areas and structures are provided within the planned unit development for
pri vate recreational use or as serVice facilities. The owner of such land and
buildings shall enter into an agreement with the City to assure the continued
operation and maintenance to a predetermined reasonable standard. These common
areas ma;y be placed under ownership of one of the following depending which is
more appropriate and as may be approved by the City Council.
a. Dedicated to public where a community-wide use would be anticipated.
b. Dedicated to public as a special assessment district or easement.
c. Landlord control.
d. Landowners Association, provided all of the following conditions are met:
I. The Landowners Association must be established prior to any sale.
II. Membership must be mandatory for each owner, and any successive buyer.
III. The open space restrictions must be permanent, not for a given period
of years.
IV. The Association must be responsible for liability insurance, local taxes,
and the maintenance of residential and other facilities, except as modified
by the City Council.
V. Landowners must pay their pro rata share of the cost and the assessment
levied by the Association that can become a lien on the property.
VI. The Association must be able to adjust the assessment to meet changed needs.
2. Landscaping shall be properly maintained and replaced if damaged or lost by winter-
kill, drought, or other causes.
3. Easements for utilities or other purposes shall be provided as requested by the City.
4. Provisions for sanitary sewer, public water, surface water drainage, and other
utilities shall be made as required by the City Engineer.
5. The Bassett Creek easement shall include public right to use as determined by the
City Council except use by motorized vehicles.
f. Construction Order Component
Description: A Construction Order Component shall contain a map or maps setting forth
the proposed chronological order of construction relating each proposed use and structure
to the construction of the various services and facilities as may be required herein.
Said Component shall include estimated completion dates and shall speci fY the proposed
order of request for utility release or other authority to occupy completed structures
so as to provide a basis for determining the adequacy of the related services and
facilities for each separate construction phase.
Requirements:
1. All public and private development shall proceed in accordance with an approved
stage development program and no building or other construction permits shall be
issued except in accordance with said program.
2. Approval. is hereby granted only for the first stage of construction in accordance
with the attached and epproved detailed plans; no other construction is permitted
except as specifically authorized attached hereto. More detailed plans and specific
approval will be required for subsequent and future development.
4-208
e e
3. Staging of development shall be as specifically authorized herein and as supervised
and coordinated by such person or persons as designated by the City COlll1cil.
g. Additicnal Compcnents
Description: The General Plan of Development ma.Y include as additional Components:
A Recreation Component, a Public Building Component, providing for consideration for
administrative and public safety quarters, and such other Components indicated by the
nature of the particular proposed development.
Requirements:
1. Requirements of the agreement dated December 17, 1973 to deed to theCi ty for park
purposes Lot 4 Block 1 Bassett's Creek Plaza Phase 2. Also, all requirements of
the October 1, 1973 City Council minutes and Planning Commission minutes dated
September 24, 1973.
2. Bassett Creek shall be maintained as directed by City Council and Engineering
Department so as not to obstruct water flow, introduce pollutants into the water,
produce silting, cause defoliation, produce shoreline cave-ins, or otherwise cause
or result in ccnditions detrimental to the preservation of this stream in a manner
consistent with the public health, safety, and general welfare.
3. Trash, garbage, wastes, and other refuse shall be stored and disposed of in the
manner as indicated on the approved plans.
4. Exterior storage of other than miscellaneous storage other than normal, approved
vehicular parking shall be permitted only if specifically authorized by conditions
of this permit.
5. No identification, rentail, advertising, directional, or other signs shall be
permitted except those specifically authorized and shown on the approved plans
as part of this permit.
6. Accessory uses shall be permitted only if specifically authorized and listed as
a permitted use in this permit.
7. All development and uses shall be subject to annual inspection by the City for
purposes of assuring continued conformity to the provisions of the perIni t.
8. All structures and grounds shall be properly and well maintained at all times.
9. Special precautions as approved by the Inspection Department and City Engineer
shall be taken both during and after construction to assure against erosion, silting,
excessive grading, or any other conditions detrimental to the area designated to
remain in a natural open space condition. Grading and excavation for footings
and other ccnstruction needs shall be done in a manner so as to avoid dirt storage,
disturbing of trees, or other activities beyond the prescribed construction limits
which ma,y adversely affect open areas to remain. The area to be left in a natural,
open state shall be maintained. The open areas shall not be utilized for the storage
of trash, debris, refuse, or any other similar use incompatible with the open area.
The developer shall have a landscape architect review the site during the time of
planting and landscaping. The landscape architect shall notify the City in writing
when the landscaping is completed and that it is in accordance with the plans as
approved by the City. Also, the lands cape architect shall review the site approximately
one year after the landscaping has been completed to indicate to the owner what needs
to be replaced and also notify the City of the same. Within a reasonable period of
time this material shall be replaced. The landscape architect shall then notify the
City when this has been completed.
5-
209
210
211
December 15, 1997
Ms. Nancy Lynch
Welch Companies
8200 Normandale Blvd., Suite 200
Bloomington MN 55437
Re: Walking Trail along Bassett Creek located on the property .
at 5851 Duluth Street
Dear Ms. Lynch:
Attached please find the executed quitclaim easement for walkway
purposes over Lots 1 and 2, Block 1, Bassett's Creek Plaza.
According to the City's Public Works Maintenance Manager, Tom
Klatt, the City of Golden Valley maintains this walkway during the
summer months, but no maintenance is undertaken during the winter
months.
If you have any other questions, please call me at 593-8095.
Sincerely,
irV~(()Rcl
Mary Dold
Administrative Secretary
Planning and Development
mkd
encl.
212
It__ n..._:. f""_ "r.........ftIOo1t. Vift..
WARD B. LEWIS
LEONARD W. SIMONET
CHARLES S. BELLOWS
HAROLD C. EVARTS
ARCHIBALD SPENCER
ROBERT M. SKARE
ROBERT L. CROSBY
LEONARD M. ADDINGTON
ROBERT R,BARTH
N. "'ALTER GRAFF
ALLEN D. BARNARD
Tno_VL'\.S D. CARLSON"
CASEY A.UNDERHILL
BEST, FLA..L"lAGAN, LEWIS, SIMONET AND BELLOWS
ATTORNEYS AT LAw
1200 FIRST NATIONAL BA.."",K BUILDING
MINNE.A.POLI S, MI:!'I."'NE SOTA 55402 JAMES 1. BEST (1902-1966)
TELEPHONE 339-7121
AREA CODE 612
CABLE ADDRESS,BESTLAW
ROBERT J. FLANAGAN
07 COUNSEL
January 15, 1973
Thomas G. Snetsinger
Assistant Engineer
Village of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re:Lots 1 and 2, Block 1,
Bassett's Creek Plaza
Dear Tom:
Enclosed please find quitclaim easement for walkway purposes
over ,the above described premises from Arnold H. Palmer and
patsy M. Palmer to the Village of Golden Valley.
This deed bears the appropriate filing data on the reverse
side indicating that it was filed with the office of Register
of Deeds as Document No. 3991229, December 26, 1972.
The aforesaid deed should be kept with the permanet records
of the Village respecting this walkway.
Very truly yours,
Robert M. Skare
RMS:db
enc losure
j', .'v14 /~
213
tn"di'vlciual'to C.;':poration. . ''''-'h,;!J'''-t'onn' 1~o.l8..M.Miller-Davis Co., Minneapolis, Minn.Minnesota Uniform Conveyanc1nlr lllanka (1931).
399=~ ~29
m;bi~1J nbenture t Jt[ ade thiB,wuuiuu,uu?~'~'~"""'<
u.day of.uuuw.P:} C~.~.~~!..
u...uu....uwu., 19.
u.?.~..,
between....:..~....~.+..D.Q.J,.9....~,.~...,.:!?<?.-.1~~.~....~:r:!:q...,g~.~!?.Y....M.~.:':.'.?..9.:~.~~.;:.l,....~.~!?.?.~.~9.-,....~~.~...~.~.~.~.,...,......................1 .
I......
1
l'h.,;f
of the Coukty of.u...'u.u.uu...H.e.n..n..e.P.in...u..u..u........u..u........and State
of............
u..M,t.D:r:!:~.~.9..t..<?-................u..............w..........,part. .i.e.s.' 01 the first part, and.........v..j.JJg,g.~.....Q.f.....G9..J,4.~D.....Y.gJ.J...~
y..................................................................................a....M:u.niG.ip9-.1..................................................................,.......
u,...........................................................................................................
u.............,j{corporation under the laws of the State o{....uMi.nne..s.o.tauw.u...........u.......:............., party of the second part,
itne~~ttb, That the said partu.i.e$ of the first part, in consideration of the sum ofOne.:.doll.ar.....and....o.ther.....v.al:uab~e....c.onsid.e.r.a:t.io.o.s........................................................DO LLARS,to.....u.theni.........u...u.........uuuu...in hand paid by the said party of the second part, the receipt whereof isherebyaQ19nowled~ed,
do.......
uu hereby Grant, Bar~ain, Quitclaim, and Convey unto the said party ofthesecona..~part, its successors and assigns, Forever, all the
tract..
uu or
parcel..
u.. of land lyin~ and bein~in the Co,,~nty of..
u....u..u...H.enne.pin..u.....u...uuu....u......u...uand State of Minnesota, described as follows, to-wit:
An easement for walkway purposes over, upon and across that
part of Lots 1 and 2, Block 1, Bassett's Creek Plaza,which lies within the drainage easement as shown on said
plat of Bassett's Creek Plaza.
State Deed Tax Due Hereon $none
d(i!)
o ~abe anb to ~oIb !be ~al11C, Together with all the hereditaments and appurtenances there-lLnto belonging or in anywise appertaining, to the saicl pa7'ty of the seconcl part, its successors and assi~ns,Forever.
3Jn ~e5timon!, Bbercof, The sai.a part .ie$Jf the first part ha.v.e hereunto set. ... ....the.
ir..haTulS the day and year first abopc written.
In presence of
m?
C2e'illdliL~Jm ..............
H. palm~
i.~.....21.............~~~::k:..........................
1?~atsy?"M. Palmer
C'~/2~~~
t_______214
215
El 4 i N011C
c x Suns regl,Hre separate permit,
a Ebeforel inspection must be obtained
this strtacture is occr 'ped«
plans approval,
mw .•:
MME3ff b"
i HEREBY CERTIFY THAT. THIS PLAN WAS PREPARED BY ME ®R O DATE REVISIONEUNDERNARtN CVO DATE FtEV1SiQ
OMy- MY DIRECT SUPERVISION AND THAT I AM A DULY R ctsTERED
n UNDER LAWS 3F,.THE STATE OF
DESIGNERS DEVELOPEIIS CONTRACTORSSIG
DRAWNBY CHECKEDY .'w
t'
ti
b
SHEET
216
Y_ __-
i:....+aj¢'
ie a„s
STATE OF MINNESOTA
DEPARTMENT OF HUMAN SERVICES
444 LAFAYETTE ROAD
ST. PAUL,MINNESOTA 55155
September 18, 1987 v
v_J
Zoning and Planning Administrator
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Zoning Notification of Application for Department of
Human Services Program License
This is to inform your that we have received an application for a
program license under h1innesota Rules, Parts 9555.9600-9555.9730
from Colonial Club, located at 5825 St. Croix Avenue, Golden Valley,
MN, to provide day care services for 12 adults.
Issuance of this license is subject to compliance with the provisions
of Minnesota Laws, 1987, Chapter 333, Sections 12 and 15, as amended
in the 1987 legislative session.
If we do not hear from you within 30 days of receipt of this letter,
we will consider this facility to be in compliance with your local
zoning code.
Sincerely,
2,. 4 -.
Virgini ey-Jackson
Human Services Licensor
296-6230
AN EQUAL OPPORTUNITY EMPLOYER
DHS-2489
10-86)217
Land Use Description C LI I O
General retail services and/or sales that are consistent with the
purpose of the Commercial Zoning District and not otherwise
listed
P X X X
Food, Entertainment, and Retail
Adult-oriented services that require City licensing P P P X
Breweries X P P X
Brewpubs C X X X
Catering establishments P X X X
Class I restaurants P X X X
Class II restaurants C X X X
Class III restaurants C X X X
Cocktail rooms that occupy up to 50 percent of the gross oor
area of the microdistillery
X P P X
Cocktail rooms that occupy 50 percent or more of the gross
oor area of the microdistillery
X C C X
Distilleries X X P X
Drive-through retail establishments C X X X
Hotels/motels P X X X
Indoor entertainment and amusement P C X X
218
Land Use Description C LI I O
Private clubs X C X X
Micro-distilleries (limited and associated retail use such as
merchandise related to the microdistillery may be sold)
X P P X
Mobile food vending R R R R
Outdoor services areas R X X X
Recreational uses (public and private), including gyms, skating
rinks, etc.
P C X X
Retail establishments that sell tobacco R X X X
Sale or repair of rearms X R R X
Seasonal farm produce sales R X X X
Taprooms that occupy up to 50 percent of the gross oor area
of the brewery
X P P X
Taprooms that occupy 50 percent or more of the gross oor
area of the brewery
X C C X
Temporary retail sales R R R X
Care Services
Adult day care center C C C C
Animal hospitals, veterinary clinics, and/or pet grooming
facilities
R C C X
Animal kennels X X P X
219
Land Use Description C LI I O
Child care centers C C C C
Clinics (medical and dental)X C C P
Cosmetology services P X X X
Daytime activity centers or other facilities providing school
and/or training for disabled people
X X X C
Mortuaries C X C X
Trade schools or training centers C C C X
O ces and Financial Institutions
Consumer small loan lender R X X X
Currency exchange R X X X
Financial institutions, with drive-through facilities C C C C
Financial institutions, without drive-through facilities P X X P
Laboratories (medical, dental, or research and development)X C C C
Medical and dental o ces P X X P
O ces, excluding medical and dental P P P P
Automotive
Automobile repair shops, auto body repair and/or painting, and
auto cleaning and reconditioning
X X C X
220
Land Use Description C LI I O
Automobile repair shops, including tire, battery, and auto
accessory repair and installation
C X P X
Building materials yards, including inside and outside storage X C P X
Bulk storage of gas, fuel oil, chemicals, and other liquid or solid
materials which may be considered hazardous or toxic
X X C X
Car washes C X C X
Sales or show rooms (auto, machinery, boats, etc.)C X C X
Service stations C X C X
Surface lot storage of automobile sales inventory X C C X
Manufacturing
Assembly and/or fabricating, foundries, and similar uses X P P X
Bakeries (commercial/wholesale)X C C X
Blacksmith, repair, machine, or tin shops X X P X
Electronics manufacturing X P P X
Food packaging and processing that does not involve cooking,
heating, smoking, soaking, or marinating procedures
X P P X
Food packaging and processing that involves cooking, heating,
smoking, soaking, or marinating procedures
X C C X
General manufacturing uses, including the compounding,
assembly, or treatment of articles or materials
X X P X
221
Land Use Description C LI I O
Metal fabrication and assembly X X P X
Other light manufacturing uses that would not constitute a
nuisance or health hazard to surrounding or adjacent
residential or commercial districts
X P P X
Packaging and/or bottling of soft drinks or dairy products X C C X
Warehousing and Wholesale
Greenhouses X P P X
Bulk storage of gas, fuel oil, chemicals, and other liquid or solid
materials which may be considered hazardous or toxic
X X C X
Outdoor sales, including car lots, nurseries, and equipment
rentals
C X C X
Outdoor storage for vehicles and equipment X X R X
Recycling drop-o facilities X C P X
Recycling facilities X C C X
Laundries and dry-cleaning plants X C C X
Lumber yards, including outside storage X X P X
Warehouses X P P X
Wholesale-retail distribution centers X P P X
Transportation and Parking
Heliports X C C X
222
Land Use Description C LI I O
O -street parking for adjacent commercial or industrial uses C X C X
Public garages P C C X
Railroad infrastructure outside of railroad right-of-way X X C X
Truck/van terminals X C C X
Other Allowances
Accessory retail services and/or sales incidental to a permitted
use, conducted in an area less than 10 percent of the building's
gross oor area
X C C X
Buildings greater than three stories in height C X X C
Buildings greater than four stories in height X C C X
Essential services, Class I P P P P
Essential services, Class III, except for peaking stations and
substations
C P P X
Firing ranges X X X X
Places of worship X C X X
Temporary structures such as tents or air-supported structures X X C X
223
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, July 8, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
1. CALL TO ORDERAND LAND ACKNOWLEGMENT
• Vice-Chair Cohen called the meeting to order at 6:32 p.m. & read the Land Acknowledgement
a. Regular Members Present: Barnstorff, Brookins, Ruby, Sicotte, Van Oss
b. Regular Members Absent: Segelbaum,
c. Student Member, Status: vacant
d. Staff Members Present: Kendra Lindahl, City Planning Consultant
e. Council Liaison Absent: Councilmember Sophia Ginis
2. CONSENT AGENDA:
APPROVE MINUTES: Commissioner Brookins motion to approve, seconded, carried
3. INFORMAL PUBLIC HEARINGS: PUD AMENDEMENT
a. Applicant: Lisa R. and Mark Leutem Investment LLC
b. Location: Bassett Creek Medical Buildings at 5851 Duluth St
Staff Present: The applicant of the Bassett Creek Medical Buildings at 5851 Duluth St. requests an
amendment to the PUD to add Assisted Living as a permitted use in the PUD for the property at 5851
Duluth St and remodel of 3,184 square feet office space into a new Assisted Living space. Under the
terms of the city code the application is considered a Major PUD. The zoning district is (O) Office/PUD1-
A, to the north are offices, to the south are natural areas, and to the west are single family residential
buildings. The M zoning used in 1972 was eliminated and the zone became Office. The request adds nine
units immediately; a future expansion option is presented in the packet. The code does not define
assisted living, so staff are using six standards to be met to grant request of Major PUD.
Commissioner Brookins asks if there will be changes to the outside/structure. Ms. Lindahl
clarifies no exterior changes are being put forth. Commissioner Ruby asks with added housing units what
would remain as office space. Ms. Lindahl answers twenty-five percent would be for assisted living.
Commissioner Brookins asks if there is a reason for only twenty-five percent of the building being used
for this new purpose. Ms. Lindahl clarifies this amount was requested by applicant and that those are
the parameters in which staff analyzed the request. Commissioner Barnstorff asks what zoning assisted
living is for the City of Golden Valley. Ms. Lindahl mentions assisted living is not explicitly mentioned in
code, and when not explicitly in the code it is not permitted unless brought to the city for amendment.
Commissioner Brookins asks if all other uses would remain and if this is just an addition. Ms. Lindahl
clarifies it is just an addition to the uses of the site.
RECOMENDATION
Staff recommend either:
224
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, July 8, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
1. If the commission finds that the standards in the ordinance have been met, they should
recommend approval of the PUD amendment based on the findings in the staff report.
2. If the commission finds that the standards in the ordinance have not been met, they should
recommend denial of the PUD amendment based on the findings in the staff report.
Applicant is invited to Speak
Mark Leutem: 4645 Vinewood Lane
States they intend to keep the medical use of the building and the rest of the buildings use are all
medical as well. They will have the tenant be certified by the state, as of now inspection and sewer have
been done on the building. Commissioner Sicotte asks about emergency vehicle access to the building,
applicant explains they would have access at any time and there is adequate access to the interior of the
building.
Opening of Public Hearing
Brian Sibo: 1860 Adair Avenue North
Opposes changes because of the function and operation of the building having previously been Monday
through Friday. Has concerns that during the winter cars going into the parking lot would be cause lights to
frequently shine into his property.
Karrie Westberg: 1880 Adair Avenue North
Has concerns that the building is not adequate for people to live on the property due to electronic devices
used in the facility for medical purposes. Believes that dual use could become something else not specified in
this change in the future and would best be a single use building.
The applicant comes up to respond to concerns. He mentions that this is not the first time being done by the
tenants and that the medical equipment is limited and not harmful. The state certifies fitness of property for
assisted living. Due to the type of occupants, there will be limited activity outside, limited traffic of cars of the
occupants living on the property.
Edd Westberg :1880 Adar Avenue
Has questions on the structure of the building and ability to house tenants in the building.
Ms. Lindahl answers that if the PUD is approved, they must go through normal city approval steps, such as
sprinklers before they can apply for a building permit which comes after the state looks into the qualifications.
Public Hearing Closed
Discussion
Commissioner Van Oss understands there could be more traffic and the possibility of working on screening.
Commissioner Barnstorff asks about PUD staying in place for the site. Ms. Lindahl mentions this PUD is for the
location and others, but this particular case would not make sense to rezone. Ms. Lindah mentions that there
is vegetation and there is screening that offers separation, and addressing where specifically light is impacting
225
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, July 8, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
residents and can be discussed. Commissioner Van Oss asks why this site is not re-guided. Ms. Lindahl answers
that the bulk of the building is still office use and that the use is closer to medical/hospital use rather than
residential. Commissioner Brookins comments that they need to look at the space as an assisted living not at
the individual people who will occupy it. Ms. Lindahl comments that since there is no definition of assisted
living, they should use the given definition of the state which means they are high care and thus assume
limited use of outdoor space. Commissioner Ruby comments on switching owners and what that means for
the future possible uses of the building with this PUD. Ms. Lindahl comments it would be what is explicitly
asked for and thus cannot be used for something else like an apartment.
Ms. Lindahl mentions this lot is part of several locations being changed, however because of the
different standards for each building they all have different PUD’s. Commissioner Barnstorff asks who
maintains the trail on the property and access trail to parking lot. Ms. Lindahl clarifies that the trail on the
North South is owned and maintained by the city. Commissioner Van Oss would like the city to best define
what assisted living means to the city and the residents to best control use of areas and avoid future issues.
Commissioner Brookins mentions past desire from residents in the city to have such property in the area and
the benefits it could bring such as having control of lights in the building. Commissioner Sicotte thinks that the
use would be beneficial and possible development on the site, questions access from that property to
neighboring businesses. Commissioner Ruby asks if the applicant will be held to standards for living spaces,
Ms. Lindahl mentions these type of facilities are looked at more carefully for safety concerns than other
factors. Commissioner Ruby comments feeling favorable to the request and possibly looking at more defined
meaning of ‘assisted living’. Commissioner Brookins mentions ‘assisted living’ and ‘assisted living with
dementia’ are defined and licensed differently by the state. Ms. Lindahl mentions there is a list of 15 items that
do not qualify as assisted living which gives some parameters by the statutes. Commissioner Barnstorff agrees
with the comments and would like to have beneficial changes to the site.
Commissioner Ruby motions to recommend approval of the PUD, with the condition provide pedestrian
connections from the building to city trail North and South side of the building/ parking lot, add pedestrian
connection to Duluth street, maintain the private pedestrian connection year round, provide updated snow
maintenance plan and address the building lighting to comply with code standards, seconded by Commissioner
Brookins?@58 min
4. NO NEW BUSINESS
5. COUNCIL LIASION REPORT
6. TRAINING
THE GOLDEN MAP: Heather Hegi walks through the GIS city resource. They have focus maps
that are specific to certain items such as tennis courts and parks and nature areas that the city
maintains. Platting and information of plots and properties as well as permits associated with
each location. There are layers where the public can look for things such as trails throughout the
city, it also allows to draw and print the maps.
226
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, July 8, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
7. STAFF COMMENTS
Comments on possibly looking for a student representative for the fall term.
8. COMMISSIONER COMMENTS
9. ADJOURNMENT: Commissioner Ruby adjourned the meeting at 7:48 p.m.
Approved by:
Attest By: Commission Secretary
Darren Groth, AICP, CPM
Community Development Asst. Director
227
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 3, 2024
Agenda Item
6A. Review of Council Calendar
Prepared By
Theresa Schyma, City Clerk
Summary
The Council will review upcoming city meetings, events, and holiday closures.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item does not require equity review.
Recommended Action
No action is required on this item.
Supporting Documents
Review of Council Calendar
228
Review of Council Calendar
Event Event Time Location
SEPTEMBER
Tuesday, September 3
City Council Meeting 6:30 PM Hybrid - Council Chambers
Friday, September 6
City Offices Closed for Annual Employee Appreciation Event 11:00 AM - 1:00 PM
Sunday, September 8
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 10
Special City Council Meeting (commission interviews) 5:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, September 15
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 17
Special City Council Meeting (commission interviews) (tentative) 5:30 PM Hybrid - Council Conference Room
HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Wednesday, September 18
League of Women Voter’s Candidate Forum 7:00 PM
City Hall
Council Chambers
Sunday, September 22
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
OCTOBER
Tuesday, October 1
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, October 3
Golden Valley Business Connections 8:00 AM - 9:30 AM
MRA - The Management Association,
5980 Golden Hills Drive
Sunday, October 6
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, October 8
Council Work Session 6:30 PM Hybrid - Council Conference Room
Saturday, October 12
Mighty Tidy Day 8:00 AM - 1:00 PM Brookview Park
Fire Department Open House 10:00 AM - 12:00 PM
Station 1: 7700 Golden Valley Rd
Station 2: 400 Turners Crossroad S
Station 3: 3700 Golden Valley Rd
Sunday, October 13
Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus
Tuesday, October 15
City Council Meeting 6:30 PM Hybrid - Council Chambers
Saturday, October 26
City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall
Trunk or Treat 12:00 PM - 2:00 PM City Hall Campus
229
Review of Council Calendar
Event Event Time Location
Tuesday, October 29
City Hall Open Late for Absentee Voting Voting open until 7 PM City Hall
Saturday, November 2
City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall
Sunday, November 3
City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall
Tuesday, November 5
Election Day 7:00 AM - 8:00 PM City Precincts/Polls
Wednesday, November 6
City Council Meeting 6:30 PM Hybrid - Council Chambers
230