09-17-24 City Council Agenda September 17, 2024 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Proclamation Honoring the Contributions and Legacy of Sue Zelickson
1D.Proclamation Honoring September 15 - October 15, 2024 as Hispanic and Latino/a/e
Heritage Month
1E.New Employee Introductions
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of City Check Registers
3B.Licenses:
3B.1.Approve Gambling License Exemption and Waiver of Notice Requirement - Minnesota
Diversified Industries (MDI)
3B.2.Approve License for Utility to Cross Public Waters (License Number UWAT013700)
3C.Boards, Commissions, and Task Forces:
3C.1.Board and Commission Appointments
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 2632 727
1527 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 2632 727 1527 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting September 17, 2024 — 6:30 PM
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3D.Bids, Quotes, and Contracts:
3D.1.Approve Purchase of Four Public Safety Utility Interceptors from Tenvoorde Ford, Inc.
3D.2.Approve Purchase of a Sidewalk Machine from MacQueen Equipment
3D.3.Approve Purchase of Traffic Signal Cabinet from Traffic Control Corporation
3D.4.Authorize Agreement with Center for Energy and Environment for Home Energy Squad
3D.5.Award Construction Engineering Services Contract to Short Elliott Hendrickson,
Incorporated - Zane Avenue and Lindsay Street
3D.6.Award Construction Materials Testing Services Contract to Braun Intertec Corporation -
Zane Avenue and Lindsay Street
3D.7.Approve Encroachment Agreement No. 2024.002 on Metropolitan Council Property
3D.8.Approve Contract for Native Vegetation Management with Landbridge Ecological, Inc.
3E.Set Date for Proposed Property Tax Levy Payable 2025 and the 2025-2026 Budget (Truth-
in-Taxation) for December 3, 2024
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 and Resolution No. 24-054
4B.Public Hearing Regarding a Request for Approval of a Minor Subdivision ("Boerner
Addition") at 6930 Olson Memorial Highway (PID # 3211821420029), Resolution No. 24-055
5.Old Business
6.New Business
6A.Public Input on Approving Resolution No. 24-056 to Adopt Proposed 2025-2026 Budget and
Proposed Tax Levies Payable in 2025 and Approving Resolution No. 24-057 Consenting to
the Proposed 2025 Housing and Redevelopment Authority Levy
6B.Review of Council Calendar
6C.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting September 17, 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 17, 2024
Agenda Item
1C. Proclamation Honoring the Contributions and Legacy of Sue Zelickson
Prepared By
Noah Schuchman, City Manager
Summary
An event honoring Sue Zelickson will be held on Monday, September 16, 2024 at the Metropolitan
Ballroom. This proclamation will be on display at the event so that all who attend can develop a
deeper understanding of the important contributions and legacy of Sue Zelickson.
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 honoring the contributions and legacy of Sue Zelickson.
Supporting Documents
Proclamation Honoring the Contributions and Legacy of Sue Zelickson
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CITY OF GOLDEN VALLEY
PROCLAMATION HONORING THE CONTRIBUTIONS AND
LEGACY OF SUE ZELICKSON
WHEREAS,Sue Zelickson known affectionately as Sue Z.- a Renaissance woman,
respected leader, culinary guru and longstanding resident of Golden Valley for over 50 years,
celebrates her 90th birthday; and
WHEREAS, We recognize Sue Z. for being a trailblazer as a food journalist and
philanthropist consistently elevating the culinary arts with her insightful storytelling while using her
platform to advocate for social causes and community support. Her dedication to promoting
sustainable practices and giving back through various charitable initiatives has left a lasting
impact on both the food industry and those she has helped through her philanthropy; and
WHEREAS,We honor Sue Z. for her numerous community contributions working at
WCCO Radio. KTSP-TV, WCCO-TV, authoring 10 cookbooks, and winning awards including the
prestigious James Beard Award being inducted into the Minnesota Broadcasting Hall of Fame,
being a featured columnist in Minnesota Monthly’s Food & Wine Experience for decades, and for
cutting far more ribbons to new food related businesses than can be listed; and
WHEREAS,We say, “Happy Birthday Sue Z!” for being an incredible model of service and
dedication. Though small in stature, Sue Z. is a true Superwoman, building a remarkable legacy
through her consistent nurturing and positive encouragement. She has empowered countless
women who have faced challenges in the food industry, many of whom have gone on to break
barriers as accomplished chefs, food writers, executives, and business owners; and
WHEREAS,We commend Sue Z. not only for her stylish looks or sporting colorful glasses
that accessorize every trendy outfit, or driving around in the most colorful Volkswagen – but for
being a phenomenal mother, mentor, friend, wife and purpose partner to her late husband, Al
Zelickson; and
WHEREAS,Her non-stop passion, empathy, and hands-on approach to lending comfort
and support to women and children through initiatives such as Kids Café at Perspectives Family
Center, The Cookie Cart, Women Who Really Cook, and the Charlie Awards have made a
profound difference in the lives of so many.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley
hereby honors and celebrates Sue Z. for her invaluable service and imprint to the residents of
Golden Valley and extends our heartfelt gratitude to a phenomenal woman that has inspired all
of us to create meaningful change in our communities.
IN WITNESS WHEREOF,I Mayor Roslyn Harmon, proudly certify this proclamation with
my signature and the seal of the City of Golden Valley on September 13, 2024.
___________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
1D. Proclamation Honoring September 15 - October 15, 2024 as Hispanic and Latino/a/e Heritage
Month
Prepared By
Seth Kaempfer, Equity and Inclusion Manager
Summary
Hispanic and Latino/a/e Heritage Month is celebrated from September 15 - October 15. This month
uplifts the rich cultural, linguistic, and historical heritage representing many countries, ethnicities, and
religious traditions that have contributed to America’s past, present, and future from Hispanic and
Latino/a/e people. This proclamation also calls upon the Golden Valley community to collectively
work towards dispelling ignorance, prejudice and fear through education about the history and
countless contributions of Hispanic and Latino/a/e communities to mathematics, science, history, law,
literature, arts, education, entertainment, government, politics, and other endeavors whether locally,
statewide, or nationally.
Financial or Budget Considerations
N/A
Legal Considerations
This item did not require legal review.
Equity Considerations
This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's
welcome statement. The City supports and honors individuals of all backgrounds and believes it is
critical to acknowledge celebrations such as Hispanic and Latino/a/e Heritage Month to both educate
community and staff as well as create space for belonging of these richly diverse communities.
Recommended Action
Motion to adopt proclamation honoring September 15 - October 15, 2024 as Hispanic and Latino/a/e
Heritage Month.
Supporting Documents
Proclamation for Hispanic and Latino-a-e Heritage Month - Espanol
Proclamation for Hispanic and Latino-a-e Heritage Month - English
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CIUDAD DE GOLDEN VALLEY
PROCLAMACIÓN EN HONRA DEL MES DE LOS
HISPANOS Y LA HERENCIA LATINA/O/E
15 DE SEPTIEMBRE – 15 DE OCTUBRE DE 2024
CONSIDERANDO QUE,en 1988 el Congreso de los Estados Unidos adoptó una
resolución designando del 15 de septiembre al 15 de octubre de cada año como el Mes Nacional
de la Herencia Hispana.
CONSIDERANDO QUE, las personas hispanas y latinas contribuyen una rica herencia
cultural, lingüística e histórica que representa a muchos países, etnias y tradiciones religiosas
que han contribuido al pasado, presente y futuro de los Estados Unidos; y
CONSIDERANDO QUE, el Mes de la Herencia Hispana y Latina/o/e celebra los
provechos de los hispanos y latinos en matemáticas, ciencias, historia, ley, literatura, artes,
educación, entretenimiento, gobierno, política y otros esfuerzos; y
CONSIDERANDO QUE, movimientos avanzando por líderes y activistas hispanos y
latinos por el cambio cívico, social, económico y político que afectan directamente a las
comunidades hispanas, indígenas y latinas, pero que han tenido un impacto de gran alcance, en
particular los esfuerzos que se centraron en fortalecer los derechos civiles, el acceso y las
oportunidades para los estudiantes, así como las protecciones de los derechos de obreros y de
los trabajadores; y
CONSIDERANDO QUE, El Mes de la Herencia Hispana y Latina es una oportunidad para
disipar la ignorancia, los prejuicios y el miedo a través de la educación histórico y las
innumerables contribuciones de las comunidades hispanas y latinas en este país.
AHORA, POR LO TANTO, SE RESUELVE, que el Concejo Municipal de la Ciudad de
Golden Valley proclama por la presente del 15 de septiembre al 15 de octubre "Mes de la
Herencia Hispana y Latina" y hace un llamado a la gente de Golden Valley para que reconozca
las contribuciones hechas por los miembros de la comunidad hispana y latina/o/e y para
promover activamente los principios de igualdad, equidad, libertad y justicia.
Yo, el alcalde, Roslyn Harmon, certifico con orgullo esta proclamación con mi firma y el
sello de la Cuidad de Golden Valley el 17 de septiembre de 2024.
___________________________
Roslyn Harmon, Mayor
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CITY OF GOLDEN VALLEY
PROCLAMATION HONORING HISPANIC AND
LATINO/A/E HERITAGE MONTH
SEPTEMBER 15 – OCTOBER 15, 2024
WHEREAS, In 1988 the United States Congress adopted a resolution designating
September 15 to October 15 of each year as National Hispanic Heritage Month
WHEREAS, Hispanic and Latino/a/e people bring a rich cultural, linguistic, and
historical heritage representing many countries, ethnicities, and religious traditions that
have contributed to America’s past, present, and future; and
WHEREAS, Hispanic and Latino/a/e Heritage Month celebrates the achievements
of Hispanic and Latino/a/e Americans in mathematics, science, history, law, literature,
arts, education, entertainment, government, politics, and other endeavors; and
WHEREAS, countless movements led by Hispanic and Latino/a/e leaders and
activists for civic, social, economic, and political change directly affecting the Hispanic,
Indigenous, and Latino/a/e communities but have had far reaching in impact, in particular
efforts that focused on fortifying civil rights, equity and opportunity for students as well as
labor and worker right protections; and
WHEREAS, Hispanic and Latino/a/e Heritage Month is an opportunity to dispel
ignorance, prejudice and fear through education about the history and countless
contributions of Hispanic and Latino/a/e communities.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of
Golden Valley does hereby proclaim September 15 through October 15 “Hispanic and
Latino/a/e Heritage Month” and call upon the people of Golden Valley to recognize the
contributions made by members of the Hispanic and Latino/a/e community and to actively
promote the principles of equality, equity, liberty, and justice.
I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and
the seal of the City of Golden Valley on September 17, 2024.
___________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
1E. New Employee Introductions
Prepared By
Theresa Schyma, City Clerk
Summary
City Manager Schuchman will introduce Emily Goellner, Community & Economic Development
Director.
Fire Chief Brunsell will introduce Alisa Schuster, Assistant Fire Chief.
Legal Considerations
Legal review is not required on this item.
Equity Considerations
Equity review is not required on this item.
Recommended Action
No action is required on this item.
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 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:
09-04-2024 Check Register
09-11-2024 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
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3B.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Minnesota Diversified
Industries (MDI)
Prepared By
Theresa Schyma, City Clerk
Summary
Minnesota Diversified Industries (MDI), a 501(c)(3) nonprofit organization through a Social Enterprise
model, has applied for a Gambling License Exemption to conduct gambling (raffle, pull tabs,
paddlewheels) at their Ability Bash event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on
September 19, 2024. According to their website "MDI creates self-sufficiency by providing meaningful
work in an inclusive environment, with nearly half of the workforce comprised of people with
disabilities."
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Minnesota Diversified Industries (MDI) to conduct gambling (raffle, pull tabs,
paddlewheels) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 19,
2024.
10
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3B.2. Approve License for Utility to Cross Public Waters (License Number UWAT013700)
Prepared By
Michael Ryan, City Engineer
Summary
This license from the Minnesota DNR for a public water crossing is required for construction of the TH-
55 Watermain Replacement Project (No. 23-19). This license allows the City to construct new
watermain pipeline that crosses 11.5 feet (minimum) underneath the bottom of Bassett Creek. The
watermain will be installed by a contractor using directional bore method.
Financial or Budget Considerations
This agreement is subject to a $237 license fee, which is included within the Project budget allocated
to professional services and permit fees. This is associated with Business Unit 7121 (Utility
Administration).
Legal Considerations
Utility construction that crosses over, under, or through Public Waters requires a License for Utility to
Cross Public Waters from the Minnesota DNR, who holds management responsibilities and authorities
for work associated with Public Waters. The City Attorney's office has reviewed this agreement.
Equity Considerations
The City's work to replace this watermain is consistent with the unbiased programs and services pillar
of the City's Equity Plan. The replacement of this watermain is the result of an unbiased process that
prioritizes infrastructure repair and replacement, based on an objective condition assessment.
Utilities that have the lowest condition rating, or have the highest need for repair or replacement, are
given priority. This ensures that clean drinking water is provided reliably for the community.
Recommended Action
Motion to Approve License for Utility to Cross Public Waters (License Number UWAT013700) for the
TH-55 Watermain Replacement Project. Majority vote needed.
Supporting Documents
MnDNR License UWAT013700.pdf
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Page 1 of 4
License Number UWAT013700
MINNESOTA DEPARTMENT
OF NATURAL RESOURCES
LICENSE NUMBER UWAT013700
COMPANY PROJECT NO: 023686-000
LICENSE FOR UTILITY TO CROSS PUBLIC WATERS
This license is issued by the State of Minnesota, acting by and through its commissioner of natural resources,
and hereafter called the “State”, under authority and subject to Minnesota Statutes, section 84.415, and Minnesota
Rules Chapter 6135 and other applicable law, to the Licensee as named and for the fee and term as specified below.
Name and Address of Licensee: City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
License Fee: Two hundred thirty-seven and NO/100 Dollars
($237.00)
Term (years): 50 Years
Effective Date: July 15, 2024
Expiration Date: July 14, 2074
Purpose of License: Construction, maintenance and operation of a liquids pipeline under water under the covenants and
agreements of the Licensee to use the following described waters:
That part of the following descriptions as shown on the attached application and map, all of which are made a part
hereof by reference.
NW ¼ SE ¼ in Section 31, Township 118 North, Range 21 West, in Hennepin County
This license is granted subject to the following provisions:
1. Use of premises.
A. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter
6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such
variations as are identified and approved by the State in the license applications, plans and specifications
which are attached and made part of the terms and conditions of this license. The Licensee is bound by the
crossing location and installation method as detailed in the application and approved by the State. The
Licensee shall not deviate from the terms and conditions of this license or the application as approved by the
State unless it has first obtained written permission from the State.
B. When the installation occurs more than six months after the issuance of the license, the Licensee shall contact
the State 20 days prior to installation.
C. No merchantable timber shall be cut, used, removed or destroyed without first paying the State the timber
value in the sum stated above as determined by the State. Slash material on state water crossings must be
disposed of within 30 days of clearing activities.
D. For overhead crossings of state waters, lines shall have a minimum clearance of 25 feet above the water,
unless otherwise approved by the State.
E. When directed by the State as a condition of the license, flight diverters shall be placed on overhead utility
lines.
F. Any cable or conduit located at a shoreline shall be sufficiently buried so that it does not become exposed.
G. When directed by the State as a condition of the license, underwater crossings shall be marked by permanent
signs on the banks at the points where the line enters and leaves the public waters.
H. To protect fish spawning activities, the State may prohibit work in the public water or within a specified
distance of the public water during the spawning season.
2. State’s rights and reservations. The use of these waters by the Licensee in constructing or maintaining the lines
for which this license is granted shall be subject to the use, sale, or leasing for mineral or other legal purposes. The
Licensee will not cause any unnecessary hindrance to the activities of the State and shall allow access across the
license area by the State when needed.
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Page 2 of 4
License Number UWAT013700
3. Erosion and Revegetation.
A. Erosion control measures shall be adequately designed for site characteristics. They shall be installed prior to
commencement of construction and maintained for as long as needed. All erosion control measures installed
next to a water body shall run parallel to the contours.
B. All disturbed areas shall be restored to original contours and elevations and stabilized as soon as possible
following construction. Areas of subsidence and crowning shall be repaired. Topsoil shall be reserved on site
and used to re-dress disturbed areas.
C. All disturbed areas shall be revegetated using state approved seed mixes. All seed and plant materials shall be
certified weed-free. Weed-free straw or hay shall be used for mulching and erosion control. Native species
plants should be used, whenever possible, to revegetate disturbed areas. This revegetation should occur as
early in the season as possible to permit adequate regrowth.
D. The Licensee shall monitor revegetation at state water crossings until the site is stabilized and the vegetation
is self-sustaining. Where severe or repeated damage is occurring or where measures have not been successful,
preventative and corrective actions shall be taken by the Licensee, including construction of appropriate
barriers, installation of warning signs, and other methods in consultation with the State.
E. The Licensee shall routinely inspect for erosion that may develop during the term of the license. Areas of
erosion shall be stabilized by the Licensee.
F. If a disturbed area cannot be stabilized with vegetation before September 15 in the year that the utility was
installed, the Licensee shall submit a written site stabilization plan to the State for approval. This plan shall
describe erosion control, mulching, dormant seeding and monitoring. Seeding shall occur as soon as soil
conditions are suitable.
G. Excavated materials shall not be deposited or stored alongside public water in a manner where the materials
can be redeposited into the public water by reasonably expected high water or storm run-off.
4. Herbicides and Pesticides.
A. The Licensee must request and obtain written permission to apply herbicides or pesticides to state waters from
the State prior to treatment. This request shall consist of (1) a map identifying proposed treatment areas and
(2) a description of the proposed treatment plan, including target species, herbicide or pesticide name, rate of
application, a description of application method, and beginning and end dates. All applications must be
according to label regulations and as otherwise specified by the State. The Licensee shall not apply pesticides
that are restricted for use on certified state forest land administered by the State.
B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under
the license. The report must include the dates, acres, location expressed as quarter-quarter section, township
and range, herbicide or pesticide used, target species, and such other information as may be reasonably
required by the State for the purpose of verifying herbicide or pesticide use.
C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated
with herbicides or pesticides.
5. Invasive Species.
A. The Licensee shall inspect all state water crossings for the presence of invasive species and noxious weeds
prior to commencing clearing activities and take action to prevent their spread. For installation of the utility
line, the State will identify on a map the known infested sites to be avoided. For maintenance and operation,
the Licensee is responsible for obtaining updated information on known infested sites.
B. If the State or the Licensee discover additional invasive species infestation areas on state water crossings
during construction, the Licensee shall immediately take action to prevent spread from the newly discovered
infested area and then consult with the State on a resolution.
C. The Licensee shall prevent invasive species from entering into or spreading within state water crossing by
cleaning equipment and clothing prior to arriving at the license area. The Licensee shall legally dispose of
material cleaned from equipment and clothing at a location offsite and the materials must be secured prior to
transport to avoid dispersal.
D. Whenever possible, parking, staging areas and travel routes shall not be within known infested sites. Where
there are multiple state water crossings and at least one contains invasive species, the Licensee shall to the
extent practicable start work at the site with the fewest number of invasive plants, leaving the most heavily
infested sites to last. The Licensee shall make every effort to schedule operations and site visits to avoid the
spread of weed seed.
13
Page 3 of 4
License Number UWAT013700
E. The Licensee shall continue to control invasive species on state water crossings for the terms of the license
using methods approved by the State.
6. Crossing of State Trail.
A. The location of any crossing of a state trail must be approved in advance by the State. The State may provide
written instructions as to specific construction standards to be followed for the crossing of the state trail.
B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize disturbance of
state trail use and to separate the public from work areas. The Licensee must provide signs to warn state trail
users of construction hazards.
C. The Licensee is responsible for repairing any damage to the state trail in a manner satisfactory to the State.
D. For maintenance and operations, prior approval must be obtained from the State for the cutting or trimming of
trees within the state trail right-of-way.
E. The Licensee may not close the state trail right-of-way without the prior written approval of the State.
7. Maintenance, operations and repairs.
A. The Licensee must keep the premises in a neat and orderly condition, and shall remove all refuse and debris
that may accumulate thereon.
B. After initial installation, no merchantable timber shall be cut, used, removed or destroyed by the Licensee
without first contacting the State at least 60 days in advance to determine if a timber payment is needed. Slash
material on state water crossings must be disposed of within 30 days of maintenance activities.
C. Emergency repairs and replacements may be made without prior notification to the State by the Licensee
according to conditions and standards prescribed by Minnesota Rules, Chapter 6135 and the method of
installation identified in this license. The Licensee shall notify the State of this activity as soon as practicable.
D. The Licensee shall employ appropriate erosion and sedimentation measures at the site during any emergency
repairs. The State must approve plans for restoration of the site after the emergency repairs are conducted.
E. Other than the herbicide or pesticide application reporting as provided in paragraph 4, the Licensee shall
notify the State of the extent and method of any routine maintenance and the proposed schedule. The
notification must be in writing and must be provided either annually or at least 20 days prior to commencing
any routine maintenance work on state water crossings subject to this license. The Licensee shall include a
specific description of the proposed maintenance activities including location, clearing methods, erosion and
sedimentation control measures, removal of merchantable timber, revegetation plans, and plans for preventing
the spread of invasive species. The Licensee may commence any routine maintenance work unless notified to
the contrary by the State within 20 days after the State’s receipt of the maintenance plan. The State may
require the Licensee to adjust its maintenance plans due to natural resource management concerns.
8. State inspection. The project hereunder shall at all times during and after construction be subject to inspection by
the State and for that purpose the Licensee shall grant access to the premises at all reasonable times.
9. Compliance with laws. The Licensee shall comply with all federal, state and local laws and regulations, including
municipal ordinances, affecting said lands or the area in which they are situated.
10. Taxes and assessments. The Licensee will pay when due all taxes and assessments levied against said waters or
any improvements owned, used, or controlled by the Licensee, provided that the taxes or assessments are imposed
due to this license.
11. Enforcement. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of
any of its rights.
12. Liability. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota
or any of its officers, agents, or employees, officially or personally, on account of the granting of the license or on
account of any damage to any person or property resulting from any act or omission of the Licensee or any of its
agents, employees, or contractors relating to any license matter. This license shall not be construed as estopping or
limiting any legal claims or right of action of any person against the Licensee, its agents, employees, or contractors
for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or
right of action of the State against the Licensee, its agents, employees, or contractors, for violation of or failure to
comply with the provisions of the license or applicable provisions of law. The Licensee shall indemnify and hold
harmless the State from all claims arising out of the Licensee's use of the above described lands whether such
claims are asserted by civil action or otherwise.
14
Page 4 of 4
License Number UWAT013700
13. Termination and cancellation.
A. At the end of the license period and if both parties wish to renew, the renewal fee will be determined by the
State.
B. This license shall be cancelable upon reasonable notice by the State for violation of any of its terms, or if at
any time its continuance will conflict with a public use of the land over or upon which it is granted, or for any
other reason. Licensee shall ensure that Licensee's employees, agents and contractors have received and
thoroughly understand all conditions of this license.
C. Unless otherwise authorized by the State, upon the surrender, expiration or cancellation of this license, the
Licensee shall remove from the above described lands all the utility lines and related structures owned by it. If
Licensee does not remove such lines or related structures, all such lines or structures remaining shall become
the property of the State, to be used or disposed of as the State elects. If the State requires the Licensee to
remove utility lines and related structures and Licensee fails to do so, the Licensee agrees to pay the State for
the costs of removing and disposing of such lines or structures.
14. Assignment or transfer. The Licensee shall not without the State's prior written consent: a) assign, convey or
otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof; or c)
permit the use or occupancy of the license corridor or any part thereof by anyone other than the Licensee. This
license shall extend to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any. The
State may require a party who has requested to sublet, use or occupy the license corridor to obtain a separate
license from the State prior to occupying or using the license corridor.
15. Reports. The Licensee must submit reports on herbicide and pesticide use as provided in paragraph 4 and
maintenance and repair work as provided in paragraph 7.
16. Contacts. The contact for the State is the Regional Lands and Minerals Operations Supervisor, who is at the time
of license issuance Joe Rokala at 218-328-8923. Any questions about this license shall be directed to the Regional
Lands and Minerals Operations Supervisor. The Regional Lands and Minerals Operations Supervisor may direct
the Licensee to contact additional State staff for reviews and approvals.
17. Special provisions. This license is subject to the SPECIAL PROVISIONS attached hereto.
A. Permits Required. Per Section 9 of the License, Licensee will be required to obtain a DNR Water
Appropriation Permit if Licensee’s actions include appropriating water that exceeds an amount of 10,000 gallons
in one day or one million gallons of water in one year
ACCEPTED AND ACKNOWLEDGED
CITY OF GOLDEN VALLEY
Licensee
By ___________________________________
Name _________________________________
Title __________________________________
Date __________________________________
Form approved by Lands and Minerals Division, DNR, March 5, 2015.
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
By ____________________________________________
Regional Lands and Minerals Operations Supervisor
Date____________________________________________
__
```
15
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3C.1. Board and Commission Appointments
Prepared By
Elinorah Sinyembo, Executive Assistant
Summary
City Council conducts interviews for vacant Board and Commission seats on a rolling basis. Attached is
the list of current vacancies along with the list of candidates that have interviewed for those positions
in the last year, to be considered for appointment.
Council will have time preceding the meeting and following interviews to discuss any potential
appointments.
Legal Considerations
This item does not require legal review.
Equity Considerations
As a general guideline, each board or commission should be comprised of a diverse population
representing a wide range of groups and interests. Furthermore, appointing new commission
members fits within the Advancement of Diversity, Equity, and Inclusion pillar of the City's Equity Plan
as well as the Inclusive Community Engagement pillar.
Recommended Action
Motion to make the following appointments.
Supporting Documents
2024 Boards and Commissions Vacancies and Interviews.docx
16
Current Vacancies
BOARD OF ZONING APPEALS TERM DATE
Youth Vacancy, September 2024 September 30, 2025
ENVIRONMENTAL COMMISSION TERM DATE
Youth Vacancy, September 2024 September 30, 2025
COMMUNITY SERVICES COMMISSION TERM DATE
Vacancy,April 2023 April 30, 2026
Vacancy,April,2024 April 30, 2027
Youth Vacancy, September 2024 April 30, 2025
OPEN SPACE AND RECREATION COMMISSION TERM DATE
Youth Vacancy, September 2024 September 30, 2025
PLANNING COMMISSION TERM DATE
Youth Vacancy, September 2024 September 30, 2025
DEI COMMISSION TERM DATE
Vacancy,April 2023 April 30, 2026
Vacancy,April 2024 April 30, 2027
Youth Vacancy, September 2024 September 30, 2025
Youth Vacancy, September 2024 September 30, 2025
PEACE COMMISSION
TERM DATE
PD Vacancy April,2024 -2 year term April 30, 2026
Youth Vacancy, September 2024 September 30, 2025
17
LIST OF CONSIDERATIONS
DEI COMMISSION INTERVIEW DATE
Andrew Alberth 09/17/2024
Angela Wagner 09/10/2024
Kira Jimenez 09/10/2024
Kristian Baker (YOUTH)09/10/2024
COMMUNITY SERVICE COMMISSION INTERVIEW DATE
Andrew Alberth 09/17/2024
Amelia Schulz (YOUTH)09/10/2024
Angela Wagner 09/10/2024
Ben Stoner 09/10/2024
ENVIRONMENTAL COMMISSION INTERVIEW DATE
Amelia Schulz (YOUTH)09/10/2024
Elliott Ward (YOUTH)Rescheduled
Kristian Baker (YOUTH)09/10/2024
18
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.1. Approve Purchase of Four Public Safety Utility Interceptors from Tenvoorde Ford, Inc.
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Staff proposes to replace two marked patrol vehicles, one unmarked patrol vehicle, and one Fire
vehicle. Staff replaces city vehicles routinely to keep the fleet in good working condition and stabilize
the budgetary impacts from year to year. The existing vehicle being replaced may be reassigned to
other departments with non-emergency response duties, such as, Inspection or Engineering
Departments.
Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The
vehicles scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement Policy
and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment
scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of
“qualifies for replacement” and above 28 points meets the category of “needs immediate
consideration”. Below is a summary of the ratings:
Unit Number Year/Make/Model VCI
301 2020 Marked Ford Utility Interceptor 23
810-21 2021 Marked Ford Utility Interceptor 27
821-21 2021 Marked Ford Utility Interceptor 26
832 2016 Unmarked Ford Utility Interceptor 32
Staff recommends purchasing the vehicles from the state contract through the State of Minnesota’s
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
contract number 244262.
Ordering the vehicles now provides a delivery date sometime in 2025. Additionally, ordering using this
year’s State contract reduces the cost due to inflation.
Financial or Budget Considerations
The 2024-2033 Vehicles and Equipment Capital Improvement Program includes $45,000 for Unit 301
19
(V&E-138), $135,000 for Units 810-21 and 821-21 (V&E-001), and $45,000 for Unit 832 (V&E-194) that
are scheduled for replacement in 2025. Below is a summary of the proposed purchases:
Unit Number Proposed Make/Model Purchase Price
301 Ford Utility Interceptor $46,538.94
810-21 Ford Utility Interceptor $46,587.94
821-21 Ford Utility Interceptor $46,587.94
832 Ford Utility Interceptor $47,205.94
Additional funding will come from the sale of assets.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative
purchasing.
(a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing
contracts that are available through the state's cooperative purchasing venture authorized by section
16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price
and quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of four Public Safety Utility Interceptors from Tenvoorde Ford, Inc. in the
amount of $186,920.76.
Supporting Documents
Tenvoorde Ford, Inc. Quotes
20
21
22
23
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.2. Approve Purchase of a Sidewalk Machine from MacQueen Equipment
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Unit 799, a 2014 MT Trackless has reached its useful life cycle and scheduled for replacement in 2025.
The existing machine meets replacement criteria set forth in the City’s Vehicle Replacement Policy and
Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for
replacement and any vehicle/equipment scoring 28 points or higher meets the category of “needs
immediate consideration”. The machine scored 37 points.
Staff utilizes this equipment to plow or snow blow sidewalks in the winter and sweep trails in the
summer.
Staff recommends purchasing the sidewalk machine from the state contract through the State of
Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division
has awarded contract number 237862.
Ordering the equipment now provides a delivery date sometime in 2025. Additionally, ordering using
this year’s State contract reduces the cost due to inflation.
Financial or Budget Considerations
The 2024-2033 Vehicles and Equipment Capital Improvement Program includes $190,000 for the
purchase of the sidewalk machine (V&E-190). The total cost for the equipment is $217,547. The total
payment to the vendor is $188,797 after MacQueen Equipment offered $28,750 to trade in unit 799.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative
purchasing.
(a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing
contracts that are available through the state's cooperative purchasing venture authorized by section
16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price
and quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source.
24
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12%
preference from the Office of State Procurement.
Recommended Action
• Motion to approve purchase of a 2024 Trackless MT57 from MacQueen Equipment in the amount
of $217,547.
• Motion to approve trade-in of unit 799 to MacQueen Equipment in the amount of $28,750.
Supporting Documents
MacQueen Equipment Quote
25
Golden Valley 2025 Trackless MT57 9.2.24 01 - ST PAUL MN
09/02/2024 15:18:31 (O) 2
00
GOLDE001 7635453781 Q03539
CITY OF GOLDEN VALLEY PURCHASE ORDER
7800 Golden Valley Rd
Golden Valley MN 55427
AARON WINDSETH 171
Description ** Q U O T E ** EXPIRY DATE: 10/31/2024 Amount
Serial #: 546 750.00-
2013 TRACKLESS FOLDING V-PLOW
TO BE IN WORKING ORDER AT TIME OF TRADE-IN TO MACQUEEN
Subtotal: 188797.00
Authorization: _________________________ Quote Total: 188797.00
QUOTED PRICES ARE BASED ON CURRENT COSTS AND THEREFORE SUBJECT TO CHANGE
WITH WRITTEN NOTICE TO ACCOUNT FOR PRICING CHANGES BEYOND SELLER'S CONTROL
27
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.3. Approve Purchase of Traffic Signal Cabinet from Traffic Control Corporation
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
The traffic signal cabinet at the intersection of Boone Avenue North and Golden Valley Road was hit by
a car on Saturday, September 7. The signal cabinet could not be repaired and needed to be replaced.
Using mutual aid, staff worked with Hennepin County to replace the damaged cabinet and get the
traffic signal operational. Consequently, the city needs to replace the County’s spare cabinet.
Staff recommends purchasing the cabinet using the state contract through the State of Minnesota’s
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
contract number 144047.
Financial or Budget Considerations
The total cost of the cabinet is $21,297.00. Staff plans to submit an insurance claim for
reimbursement.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative
purchasing.
(a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing
contracts that are available through the state's cooperative purchasing venture authorized by section
16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price
and quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source.
Equity Considerations
Proper maintenance of traffic signals provides transportation safety for drivers and pedestrians.
Recommended Action
Motion to approve purchase of traffic signal cabinet from Traffic Control Corporation in the amount of
$21,297.00.
28
Supporting Documents
Traffic Control Corporation Quote
29
Number 660412
QUOTATION
Page:1 of 2
5651 MEMORIAL AVENUE
OAK PARK HEIGHTS, MN 55082
PHONE: 651-439-1737
To:11241
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY MN 55427 USA
Phone:763-593-8034 Fax:
JOLIVER@GOLDENVALLEYMN.GOV
Quote Date:9/9/2024 Expires:11/8/2024
MAllwood@TCC1.com
651-439-1737Phone:
MATT ALLWOODSalesperson:
Email:
FOB:
Terms:NET 30 BASED ON APPROVED CREDIT
DESTINATION-FRT INCLUDED
JEFF OLIVERAttn:
Email:
763-593-8109
KNOCKDOWNBook / Call / Item:
Letting Date:
TS2 SIGNAL CABINETDescription:
Location:7TH AVE N & BOONE AVE N
MNDOT 144047Contract No:
Part Number / Description Net PriceUnit Price Qty/UM
TS2 SIGNAL CABINET - 7TH AVE N & BOONE AVE
N
77" ALUMINUM GRAY EXTERIOR WITH ANTI-GRAPHITTI / WHITE
INTERIOR, LEFT SWING HANDLE AWAY FROM LOCK, METAL FILTER,
TS2 ECONOLITE TS2 16 POSITION BACK PANEL ASSEMBLY, ONE
DETECTOR RACK (WITH 8 POSITION PANEL), EXTRA SDLC CABLE FOR
VIDEO/AAPS, 80 POSITIONS FUSE BLOCK, PEDESTRIAN AAPS
INTERFACE TERMINAL BLOCK, SET UP FOR FLASHING YELLOW
ARROW OPERATION
MNDOT CONTRACT ITEMS INCLUDED IN BUILD:
12 LOAD SWITCHES @ $41.50 EACH - LINE ITEM #11
3 BUS INTERFACE UNITS @ $390 EACH - LINE ITEM #16
1 CABINET POWER SUPPLY @ $665 - LINE ITEM #17
1 FLASHER @ $41.50 - LINE ITEM #14
8 G-200 2CHANNEL LOOP DETECT @ $180 - LINE ITEM #4
NO CONTROLLER, MMU2 SMART MONITOR, FLASH TRANS RELAYS
INCLUDED
1.0020,597.00 20,597.00EA
FIELD SERVICE
1 TRIP, UP TO 4 HRS ON-SITE, TCC TECH FOR TURN ON ASSISTANCE
WITH NEW SIGNAL CABINET
1.00700.00 700.00EA
Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order.
Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com.30
Number 660412
QUOTATION
Page:2 of 2
5651 MEMORIAL AVENUE
OAK PARK HEIGHTS, MN 55082
PHONE: 651-439-1737
Quote Total:21,297.00
Item Total:21,297.00
Misc Charges and Adjustments:0.00
Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order.
Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com.31
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.4. Authorize Agreement with Center for Energy and Environment for Home Energy Squad
Prepared By
Ethan Kehrberg, Sustainability Specialist
Summary
On May 4, 2021, the City Council approved the City's first comprehensive Energy Action Plan, helping
the community set a course toward reducing greenhouse gas emissions and addressing climate change
over the next ten years. The plan includes three major focus areas: Reducing Energy Cost Burden,
Improving Energy Efficiency, and Supporting Clean and Renewable Energy.
An impactful way to address both energy cost burden and residential energy efficiency is participation
in the Residential Home Energy Squad program facilitated by the Center for Energy and Environment
(CEE). Home Energy Squad visits promote energy conservation in residential properties by offering
inspections, energy efficient installs, diagnostic tests, and follow-up services to residents. CEE staff
perform the site visits, verify income eligibility, and coordinate billing.
The City assists and coordinates with CEE on promoting and marketing activities, and reimburses CEE
according to the payment table included in the attached agreement.
The Environmental Commission discussed this opportunity in 2021, 2023, and 2024 and each time
they have recommended that the City participate in the program and look for opportunities to ensure
it is equitable and inclusive. The new agreement with CEE will have the City buy down the cost of a site
visit by 50% for most residents, while income eligible residents (under 80% Area Median Income) will
have 100% of their visit paid for by Xcel Energy.
Financial or Budget Considerations
The City's portion of the Home Energy Squad visits, up to a maximum of $5,000 per year, would be
funded by 7303 Environmental Control during the contract term October 1, 2024 - December 31,
2026.
Legal Considerations
The City Attorney has reviewed and approved the CEE Home Energy Squad Partnership Agreement.
Equity Considerations
The City's work to support energy efficiency fits within the unbiased programs and services pillar of the
City's Equity Plan, as well as the economic prosperity for all pillar. The service provided through the
City's agreement with CEE is unbiased when it supports access to energy assessments and efficiency
upgrades regardless of socioeconomic status. To increase access and affordability, free visits are
32
available for income-eligible residents and discounted visits are available for all other residents.
Completing energy assessments helps residents identify inefficiencies and areas of improvement. Free
on-site upgrades like LED lights, faucet aerators, and help Golden Valley residents save energy, save
water, and save money, thus reducing energy cost burden in the community and reducing greenhouse
gas emissions. Additionally, the Center for Energy and Environment lists "equity" as one of their six
core values, as they work to " foster an energy economy with cost-effective, practical solutions that
promote prosperity for all."
Recommended Action
Motion to Authorize the City Manager to enter into an Agreement with the Center for Energy and
Environment (CEE) for Home Energy Squad Visits in a form approved by the City Attorney.
Supporting Documents
Agreement - CEE Home Energy Squad Partnership.docx
33
AGREEMENT to Perform
Home Energy Squad Visits
In the City of Golden Valley
This Agreement is made by and between the City of Golden Valley (“CITY”) with offices at 7800 Golden Valley Rd,
Golden Valley, Minnesota 55427 and the Center for Energy and Environment (“CEE”), with offices at 212 3rd
Avenue North, Suite 560, Minneapolis, Minnesota 55401.
The following agreement is for the Center for Energy and Environment (CEE) to deliver Home Energy Squad visits
to residents of the City of Golden Valley.
PROGRAM SCOPE
The purpose of the Home Energy Squad visits are to promote energy conservation in residential properties. Energy
Saver visits offer energy efficient installs, and Energy Planner visits offer installs, diagnostic tests, and follow-up
services. CEE will perform Home Energy Squad Energy Saver and Energy Planner visits for residents per the fee
schedule listed below.
ELIGIBLE PROPERTIES
Properties must be residential (from 1-4 units) and located within the geographical boundaries of the City of
Golden Valley. Individual owners of condominiums or town homes are eligible for funding.
CEE TASKS
1.Conduct Home Energy Squad Energy Saver Visits.CEE will conduct Home Energy Squad Energy Saver
visits to help resident identify and implement energy savings opportunities in their homes. The visit will
include an insulation inspection, safety check on heating system and water, and the direct install of
energy-saving materials where possible, including high-efficiency showerheads, faucet aerators, door
weather stripping, programmable and smart thermostats and LED light bulbs.
2.Conduct Home Energy Squad Energy Planner Visits.CEE will conduct Home Energy Squad Energy Planner
visits to help residents identify and implement energy savings opportunities in their homes. The Energy
Planner visit will include the direct install of energy-saving materials where possible, including high-
efficiency showerheads, faucet aerators, door weather stripping, programmable and smart thermostats
and LED light bulbs. In addition, it will include a blower door test to check for air leaks, visual inspection of
insulation levels with use of infrared camera as weather permits, heating system and hot water heater
combustion safety tests and a report to the residents on recommended energy upgrades (if resident is a
renter, permission from the landlord may be required for doing these additional diagnostic services).
The co-pay and exact package of services are subject to change based on programmatic considerations,
including CEE’s agreement with utilities and other factors which are outside the bounds of this
agreement. CEE will notify the City of Golden Valley prior to any changes taking effect. CEE will lead a
community-based marketing campaign to promote the program. The City of Golden Valley shall provide
assistance in developing and implementing this campaign.
3.Providing Air Sealing and Insulation quotes. If air sealing and/or insulation are recommended at a Home
Energy Squad Energy Planner visit, CEE may provide a quote to the resident that would be honored by
participating insulation contractors. CEE is an independent third party to any transaction between the
resident and the insulation contractor. CEE does not receive any compensation from insulation
contractors, nor does CEE, CenterPoint Energy or Xcel Energy accept any liability for any work performed
Type of Home Energy Squad Visit City payment Resident co-pay
Energy Saver visit $35 $35
Energy Planner visit $50 $50
34
by these contractors. Any agreement for work done by the contractors is solely between the contractor
and the resident.
4.Follow-up services and insulation contractor assistance. If major upgrades (air sealing, insulation and
furnace or boiler replacement) are recommended at the visit, CEE will follow-up with residents through
email or by phone to encourage implementation. When a quote is provided, CEE has the ability to
schedule insulation work directly with a qualified contractor making it easier for residents to move
forward with recommendations. CEE will also provide contact information to program participants who
have follow-up questions after the home visit.
CITY TASKS
1.Assist and coordinate with CEE on marketing activities. This includes working with CEE on press releases,
articles in CITY newsletters, water bill inserts, promoting program on CITY website, CITY email lists,
assistance in coordinating with neighborhood and other CITY leaders, assistance in reserving workshop
and event space as needed.
PAYMENT
CEE shall submit regular invoices to the City of Golden Valley for activity performed under this agreement. Invoices
will be emailed to Eric Eckman.
The City of Golden Valley will reimburse CEE as outlined in payment table on page 1, not to exceed $5,000 per year
without further written authorization from the City.
CONTACTS
The following individuals shall be contacts for this program:
CITY OF GOLDEN VALLEY CONTACT PERSON
Eric Eckman, City of Golden Valley
Environmental Resources Supervisor
eeckman@goldenvalleymn.gov or 763-593-8084
CEE CONTACT PERSON
Stacy Boots Camp, Center for Energy and Environment
Outreach Manager
sbootscamp@mncee.org or 612-244-2429
TERM
The project shall run from October 1, 2024 through December 31, 2026 and may be extended upon mutual
agreement by the parties.
In witness thereof, the parties have executed this work order as of the date written below.
CITY OF GOLDEN VALLEY CENTER FOR ENERGY AND ENVIRONMENT
By: By:
Noah Schuchman, City Manager
Date:Date:
TAX ID 41-1647799
35
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.5. Award Construction Engineering Services Contract to Short Elliott Hendrickson, Incorporated -
Zane Avenue and Lindsay Street
Prepared By
Michael Ryan, City Engineer
Summary
This agreement for construction engineering with between Short Elliott Hendrickson (SEH), Inc.
includes construction staking, contractor coordination, construction observation, business community
communications, and shop drawing reviews associated with the Zane Avenue and Lindsay Street
Improvements Project. SEH, Inc. will maintain daily records and will assist City staff working on the
construction project.
Financial or Budget Considerations
The contract value is estimated at a not-to-exceed fee of $512,000 including time, materials, and
expenses. This cost is part of the overall Zane Avenue and Lindsay Street Improvements project
budget, and has been factored into all previously approved cost estimates. This is included in the
overall project budget among the "Indirect Expenses" line item. The general fund, general obligation
bonds, and assessments are funding mechanisms for the overall project, which includes construction
services. This is associated with the General Engineering Fund 1420.
Legal Considerations
This agreement and contract documents have been reviewed by City staff and the City Attorney's
office. This agreement was developed using the City's standard Professional Services Agreement,
adjusted where necessary for project-specific details.
Equity Considerations
The City’s work to execute our Pavement Management Program (PMP) is consistent with the unbiased
programs and services pillar of the City’s Equity Plan. The Pavement Management Program is
unbiased, prioritizing streets that are not constructed to current standards, and streets that
objectively have low Pavement Quality Index scores. This agreement supports the PMP goals and
requirements, providing safe streets, reliable access, and consistent experiences for the community
throughout the City. Outreach and communication services are included with this contract, helping
expand the formats, frequencies, and methods of community outreach.
Recommended Action
36
Motion to approve Professional Services Agreement with Short Elliott Hendrickson, Incorporated, for
construction engineering services on the Zane Avenue and Lindsay Street Improvements Project (#23-
02) in the amount of $512,000.
Supporting Documents
Professional Services Agreement - Zane and Lindsay Construction Services.pdf
37
1
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING CONSULTING – CONSTRUCTION SERVICES FOR THE
ZANE AND LINDSAY STREET IMPROVEMENTS PROJECT #23-02
THIS AGREEMENT is made this September 17, 2024 (“Effective Date”) by and between Short Elliott
Hendrickson, Inc., a Minnesota corporation with its principal office at 3535 Vadnais Center Drive, St. Paul,
MN 55110-3507 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal
corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide construction services for the Zane and Lindsay Street
Improvements Project.
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as described
in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit B. Exhibits A
and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner
consistent with the level of care and skill ordinarily exercised by professionals currently providing similar
services. Consultant may reasonably rely on information and documents provided by or through the City.
2. Time for Completion. The Services shall be completed on or before November 1, 2025, provided
that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall
remain in force and effect commencing from the Effective Date and continuing until the completion of
the project, unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary
out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C.
Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed
$512,000. The consideration shall be for both the Services performed by Consultant and any and all
expenses incurred by Consultant in performing the Services. The City shall make progress payments to
Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list
of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing
period. The City shall pay Consultant within thirty-five (35) days after Consultant’s statements are
submitted.
38
2
4. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
5. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or
professional assistance to the extent resulting from or arising out of Consultant’s (or its subcontractors,
agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties
required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or
willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance
required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity
or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations
shall survive the completion or termination of this Agreement.
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11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement.
Consultant agrees that before any work related to the approved project can be performed, Consultant
shall maintain at a minimum:
A. Workers’ Compensation and Employers’ Liability
1. Coverage A: Per state statute
2. Coverage B: $500,000 each accident
$500,000 Disease – policy limit
$500,000 Disease – each employee
B. Commercial General Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. Commercial Automobile Liability
1. $1,000,000 Combined single limit bodily injury and property damage. The
Commercial Automobile Liability shall provide coverage for the following
automobiles:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits in an
amount of not less than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
Consultant shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by this
Agreement. The umbrella or excess liability policy follows form on all underlying coverages.” Such
certificate of liability insurance shall list the City as an additional insured and contain a statement that
such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to
the City, or 10 days’ written notice in the case of non-payment.
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12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the prior written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent Consultant from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this
Agreement. Any instrument in violation of this provision is null and void.
13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving
notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute,
controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all
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parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
19. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City or
the City’s employees or agents, raw market data, survey data, market analysis data, and any other data,
work product, or reports prepared or developed in connection with the provision of the Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of
the records, information, materials, or work product without written verification or adaptation by
Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant.
20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
22. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation,
gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of
any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply
with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973,
and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold
harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’
fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant
or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and
subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with
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disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary
aid or service in order to comply with ADA requirements for effective communication with individuals
with disabilities.
23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Michael Ryan, City Engineer, or designee. Consultant’s authorized agent for purposes of administration
of this contract is Scott Haupt, or designee who shall perform or supervise the performance of all Services.
24. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
Short Elliott Hendrickson, Inc.
Scott Haupt, PE
3535 Vadnais Center Drive
St. Paul, MN 55110-3507
shaupt@sehinc.com
City of Golden Valley
Michael Ryan, PE
7800 Golden Valley Road
Golden Valley, MN 55427
mryan@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days
of the Consultant’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded
its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
29. Publicity. At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
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31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
32. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
SHORT ELLIOTT HENDRICKSON, INC.: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: ______________________________
Title: _______________________________
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF SERVICES
45
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507
651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
May 24, 2024 RE: City of Golden Valley
Zane Avenue & Lindsay Street
Improvements
Construction Services Proposal
City Project No. 23-02
SEH No. GOLDV P-171746 14.00
Mr. Michael Ryan
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
Dear Mr. Ryan:
Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering
services for the reconstruction of streets and utilities along Zane Avenue North and Lindsay Street. Short
Elliott Hendrickson (SEH®) has recently completed final design services and the City is requesting a
scope of work for construction services. This letter serves as the Scope of Services for the Agreement for
Professional Services for the Zane Avenue North and Lindsay Street Improvements Project between the
City of Golden Valley and SEH.
BACKGROUND
The project area includes approximately 0.80 miles of streets along Zane Avenue North between Olson
Memorial Frontage Road and Golden Valley Road, and Lindsay Street between Zane Avenue North and
Lilac Drive North. The surrounding land use for Zane Avenue North includes both industrial and
commercial property. Lindsay Street includes a combination of industrial and residential properties. Zane
Avenue North is on the City’s Municipal State Aid (MSA) system.
Proposed utility improvements include water main and storm sewer replacement, and sanitary sewer
replacement and rehabilitation. Improvements also include construction of concrete curb and gutter, new
concrete sidewalk along Zane Avenue, pedestrian ramp reconstruction, and street reconstruction.
Construction services for the project include construction staking, providing a Resident Project
Representative (RPR), construction observation as described below, and a part-time communications
liaison to assist with business owner coordination. We understand the City will be providing overall
construction administration on this project.
SCOPE OF WORK
Construction Staking
SEH will provide a survey crew to perform construction staking for the proposed improvements within the
proposed project area. Staking tasks for this project will include placement of horizontal and vertical
control, utility staking for private utilities, removals, water main, sanitary sewer, storm sewer, curb and
gutter, blue tops after curb is in place, sidewalk and pedestrian ramps, and survey truck/equipment
46
Mr. Michael Ryan
May 24, 2024
Page 2
expenses. All survey coordination for construction staking and observation will be between the survey
crew chief and the City.
Resident Project Representative
The Resident Project Representative (RPR) is the Engineer’s agent at the site and will act as directed by
and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working
principally through the contractor’s superintendent. They will assist in helping the contractor understand
the intent of the Contract Documents. The field personnel will review the progress schedule, shop
drawings, and required submittals, Schedule of Materials Control and consult with the Engineer
concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence,
meeting reports, field orders, and supplemental agreements. They will maintain a daily diary and records
pertaining to quantities, and will assist City staff with the applications for payment. The RPR will also keep
information pertaining to record plans and will assist City staff with scheduling the survey crew based on
staking requests from the contractor’s representative.
Observation
SEH will provide observation services including attendance at the pre-construction meeting, weekly
construction meetings, and weekly meetings with business owners, and will perform shop drawing
reviews for the proposed improvements. The proposed budget also includes minor technical support for
geotechnical issues that may arise. Time has also been included in the proposed budget to assist the City
with project closeout activities, including necessary State Aid documentation.
Record Plans
SEH will furnish the City with AutoCAD files for the City’s use in preparing the record drawings.
PROJECT TEAM
Scott Haupt and Steve Prall will be available to answer design-related questions and provide coordination
with field staff and Scott will provide project management of our contract with the City. They will also be
available to review design issues in the field if necessary. Troy Anderson will serve as the RPR and
Kristin Petersen will serve as the communications liaison with business owners. Ron Farmer will be
available to provide geotechnical field support as may be required with the subgrade correction work.
Construction staking will be led by one of our survey crew chiefs who has worked on previous Golden
Valley street and utility reconstruction projects.
SCHEDULE
We anticipate construction starting in early August 2024 and extending through fall 2024, then resuming
in Spring 2025 and extending through August/September 2025, however the actual schedule will depend
on the Contractor’s schedule and weather.
COMPENSATION
SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis.
Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including
reproductions, mileage, personal vehicle allowance, and equipment. Additional services required beyond
the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly
basis.
We have estimated a not-to-exceed fee of $512,000 for the proposed services. Anticipated tasks, hours,
expenses and assumptions are included in the attached work task breakdown. The City of Golden Valley
will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work.
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Mr. Michael Ryan
May 24, 2024
Page 3
This agreement is an understanding of the project to date. If this document satisfactorily sets forth your
understanding of our agreement, please sign in the space below and email SEH an electronic copy.
We look forward to working with the City on the next phase of this important project, and appreciate the
continued opportunity to work with the City of Golden Valley.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Scott Haupt, PE (Lic. MN, WI)
Senior Project Manager
sh
Enclosure
Approved this __________ day of _____________________, 2024
City of Golden Valley, Minnesota
By:
Title:
s:\fj\g\goldv\common\proposals\zane and lindsay 2021\construction proposal\zane & lindsay construction services proposal_05-24-2024.docx
48
Zane & Lindsay - Construction ServicesProposed Services: Construction Observation, Construction Staking, Full Time RPR, Part-Time Communications Liaison, Record Plan Assistance$250 $239 $197 $174 $156 $135 $152 $264Project ManagerGeotech EngineerCommunications Liaison Project EngineerSr. RPR Admin Crew Chief2-Person Survey Crew1 Observation/AdministrationPrepare & distribute Construction Documents 2 2Precon meeting 4 2 4 8 2Shop drawing review/coordination 2 8 20Project administration/design coordination 40 40 60 10 12On-site observation/weekly construction meetings (2024-2025 seasons) 1600Coordination with businesses/attend weekly business meetings (2024-2025 seasons) 480Project closeout assistance & preparation of MnDOT State Aid documentation 1602 Construction StakingHorizontal control 8Vertical control 8Removals 8Right-of-Way & Construction Limits 20Sanitary sewer 12Water main 52Storm sewer 60Curb and gutter 44Sidewalk & pedestrian ramps 18Data transfer 8 12Blue tops after curb is in place 303 Record Drawings/Closeout AssistanceRecord plan & closeout assistance 8 20 20Total hours 2784 56 40 482 100 1808 12 42 244Project labor cost this phase*$490,400Equipment chargesMileage and Expenses $9,500Reproductions $1,200Survey Truck and Equipment $10,900 Total project cost this task$512,000Assumptions:1. Proposed improvements will be completed during the 2024 & 2025 construction seasons.3. Assumed 15 hours per week for 32 weeks for the Communications Liaison during the 2024 & 2025 construction seasons.4. Construction Administration will be performed by City staff.5. Materials sampling & testing and track monitoring will performed by others.6. Record plan assistance includes preparing & providing design files to City for their use in preparing Record Plans.7. No record plan survey will be needed.Task2. Construction services are largely dependant on weather and contractor's schedule. RPR's estimate of hours based on 50 hours per week for 32 weeks during the 2024 & 2025 construction seasons.Staff Classifications and Hourly Billing Rates5/24/2024 8:24 AM S:\FJ\G\Goldv\Common\proposals\Zane and Lindsay 2021\Construction Proposal\Zane & Lindsay Construction Services Proposal_05-24-2024.xlsx* Labor rates rounded to the nearest dollar; total labor cost estimate rounded to the nearest hundred dollars49
Communications
This contract includes two personnel who will assist with project communications.
The Resident Project Representative (RPR) will be on-site during construction, assisting
with written and verbal communication among the Engineer, Contractor, and local
community. The RPR works alongside an Engineering Technician to provide information
related to the project status, schedule, and available services.
The Communications Liaison will collaborate specifically with local businesses. This work
includes outreach and verification that business owners successfully receive mail and
electronic project updates. The Communications Liaison will facilitate on-site meetings
with local business representatives, providing another format of outreach and engagement.
These positions supplement the City’s communications, which include monthly
construction newsletters, on-site representation, routine email correspondence based on
the project status, and project website updates. The various formats and frequency of
communication provides local and City-scale outreach and engagement.
50
EXHIBIT B
LOCATION OF WORK
51
!!!!!!!!!!!!Lilac Dr NTopel Rd
Phoenix StWelcomeAveNWelcomeCir
Z
a
n
e
Av
e
NLindsay St
Zane Ave NOak Grove CirLilac Dr NN Frontage Rd
S Frontage Rd Olson Mem HwyLilac Dr NOls o n Memorial Hwy
Valleywo
odCirG o ld e n V a lleyR dHwy100Hwy 55 LilacLoopI
0 350 700175Feet
Print Date: 12/28/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.
CIP Streets
2024, 0.53 miles State Aid
2024, 0.27 miles local
Zane Ave / Lindsay StReconstruction P roject
52
EXHIBIT C
FEE SCHEDULE
53
SHORT ELLIOTT HENDRICKSON INC.
SEH HOURLY BILLABLE RATES – 2024
CLASSIFICATION - OFFICE STAFF BILLABLE RATE (1)
Principal $195.00 – $335.00
Project Manager $160.00 – $295.00
Senior Project Specialist $155.00 – $280.00
Project Specialist $115.00 – $215.00
Senior Professional Engineer I $135.00 – $225.00
Senior Professional Engineer II $165.00 – $280.00
Professional Engineer $125.00 – $200.00
Graduate Engineer $100.00 – $170.00
Senior Architect $145.00 – $260.00
Architect $125.00 – $190.00
Graduate Architect $100.00 – $135.00
Senior Landscape Architect $135.00 –$210.00
Landscape Architect $110.00 – $155.00
Graduate Landscape Architect $100.00 –$125.00
Senior Scientist $150.00 – $215.00
Scientist $105.00 – $170.00
Graduate Scientist $95.00 – $135.00
Senior Planner $155.00 – $250.00
Planner $125.00 – $190.00
Graduate Planner $105.00 – $150.00
Senior Right of Way Specialist $140.00 – $200.00
Right of Way Specialist $90.00 – $150.00
Senior GIS Analyst $130.00 – $215.00
GIS Analyst $120.00 – $185.00
Project Design Leader $145.00 – $230.00
Lead Technician $125.00 – $205.00
Senior Technician $105.00 – $165.00
Technician $75.00 – $145.00
Graphic Designer $105.00 – $170.00
Administrative Professional $65.00 – $160.00
CLASSIFICATION - FIELD STAFF BILLABLE RATE (1)
Professional Land Surveyor $135.00 – $205.00
Lead Resident Project Representative $110.00 – $195.00
Senior Project Representative $110.00 – $170.00
Project Representative $90.00 – $155.00
Survey Crew Chief $100.00 – $165.00
Survey Instrument Operator $70.00 – $125.00
(1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project.
The rates shown are subject to change.
Effective: January 1, 2024
Expires: December 31, 2024
54
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.6. Award Construction Materials Testing Services Contract to Braun Intertec Corporation - Zane
Avenue and Lindsay Street
Prepared By
Michael Ryan, City Engineer
Summary
This agreement for construction materials testing services with Braun Intertec Corporation includes
the quality assurance and quality control testing associated with soil compaction, concrete work, and
pavement for the Zane Avenue and Lindsay Street Improvements Project. These services are required
for compliance with the Municipal State Aid program. Braun Intertec Corporation will collect samples,
perform testing, evaluate results, and develop reports associated with construction materials and
earthwork at the project.
Financial or Budget Considerations
The contract value includes a not-to-exceed fee of $44,445.00 including time, materials, and expenses.
This cost is part of the overall Zane Avenue and Lindsay Street Improvements project budget, and has
been factored into previously approved cost estimates as "Indirect Expenses" line item. The general
fund, general obligation bonds, and assessments are funding mechanisms for the overall project,
which includes construction services. This is associated with the General Engineering Fund 1420.
Legal Considerations
This agreement and contract documents have been reviewed by City staff and the City Attorney's
office. This agreement was developed using the City's standard Professional Services Agreement,
adjusted where necessary for project-specific details.
Equity Considerations
The City’s work to execute our Pavement Management Program, including the Zane Avenue and
Lindsay Street Improvements Project, is consistent with the unbiased programs and services pillar of
the City’s Equity Plan. The Pavement Management Program is unbiased, prioritizing streets that are
not constructed to current standards, and streets that objectively have low Pavement Quality Index
scores. These services help ensure the quality of construction materials used at the project, improving
the longevity of the infrastructure and its accessibility features, including public streets and sidewalks.
Recommended Action
Motion to approve Professional Services Agreement with Braun Intertec Corporation for Construction
55
Materials Testing services for the Zane Avenue and Lindsay Street Improvements Project, in the
amount of $44,445.00. Majority vote needed.
Supporting Documents
Professional Services Agreement - Engineering Materials Testing.pdf
56
1
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES
THIS AGREEMENT is made this September 17, 2024 (“Effective Date”) by and between Braun Intertec
Corporation, a Minnesota corporation with its principal office at 11001 Hampshire Avenue South,
Minneapolis, MN 55438 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal
corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide construction materials testing services for the Zane
Avenue and Lindsay Street Improvements Project.
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as described
in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit B. Exhibits A
and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner
consistent with the level of care and skill ordinarily exercised by professionals currently providing similar
services. Consultant may reasonably rely on information and documents provided by or through the City.
2. Time for Completion. The Services shall be completed on or before October 31, 2025, provided
that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall
remain in force and effect commencing from the effective date and continuing until the completion of the
project, unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary
out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C.
Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed
$44,445.00. The consideration shall be for both the Services performed by Consultant and any and all
expenses incurred by Consultant in performing the Services. The City shall make progress payments to
Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list
of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing
period. The City shall pay Consultant within thirty-five (35) days after Consultant’s statements are
submitted.
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4. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
5. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or
professional assistance to the extent resulting from or arising out of Consultant’s (or its subcontractors,
agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties
required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or
willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance
required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity
or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations
shall survive the completion or termination of this Agreement.
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11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement.
Consultant agrees that before any work related to the approved project can be performed, Consultant
shall maintain at a minimum:
A. Workers’ Compensation and Employers’ Liability
1. Coverage A: Per state statute
2. Coverage B: $500,000 each accident
$500,000 Disease – policy limit
$500,000 Disease – each employee
B. Commercial General Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. Commercial Automobile Liability
1. $1,000,000 Combined single limit bodily injury and property damage. The
Commercial Automobile Liability shall provide coverage for the following
automobiles:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits in an
amount of not less than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
Consultant shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by this
agreement. The umbrella or excess liability policy follows form on all underlying coverages.” Such
certificate of liability insurance shall list the City as an additional insured and contain a statement that
such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to
the City, or 10 days’ written notice in the case of non-payment.
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12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the prior written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent Consultant from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this
Agreement. Any instrument in violation of this provision is null and void.
13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving
notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute,
controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all
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parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
19. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City or
the City’s employees or agents, raw market data, survey data, market analysis data, and any other data,
work product, or reports prepared or developed in connection with the provision of the Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of
the records, information, materials, or work product without written verification or adaptation by
Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant.
20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party and shall not respond to such a request
without first conferring with the City. This paragraph does not create a duty on the part of Consultant to
provide access to public data to the public if the public data are available from the City, except as required by
the terms of this Agreement. These obligations shall survive the termination or completion of this
Agreement.
22. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation,
gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of
any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply
with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973,
and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold
harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’
fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant
or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and
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subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with
disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary
aid or service in order to comply with ADA requirements for effective communication with individuals
with disabilities.
23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Michael Ryan, City Engineer, or designee. Consultant’s authorized agent for purposes of administration
of this contract is John Rutherford, or designee who shall perform or supervise the performance of all
Services.
24. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
Braun Intertec Corporation
John Rutherford
11001 Hampshire Avenue South
Minneapolis, MN 55438
JRutherford@braunintertec.com
City of Golden Valley
Michael Ryan, PE
7800 Golden Valley Road
Golden Valley, MN 55427
mryan@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days
of the Consultant’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded
its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
29. Publicity. At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
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30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
32. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
BRAUN INTERTEC CORPORATION: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: ______________________________
Title: _______________________________
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF SERVICES
64
AA/EOE
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
September 10, 2024 Revised Proposal QTB202399
Michael Ryan, PE
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Revised Proposal for Construction Materials Testing Services
Zane Avenue and Lindsay Street Improvements Project
City Project No. 23-02
S.A.P. 128-408-002
Zane Avenue from Highway 55 Frontage Road to Golden Valley Road
Lindsay Street from Zane Avenue to Highway 100
Golden Valley, Minnesota
Dear Mr. Ryan:
Braun Intertec Corporation is pleased to submit this revised proposal to provide construction materials
testing services for the Zane Avenue and Lindsay Street Improvements Project in Golden Valley,
Minnesota. John Rutherford – Senior Project Manager with Braun Intertec Corporation will be your
primary contact for this project and can be reached at 612.718.8461 (jrutherford@braunintertec.com).
Since our inception in 1957, we have grown into one of the largest employee-owned engineering firms in
the nation. With over 1,000 employee owners, retaining our firm gives you access to a diverse range of
services and professionals you can consult with if the unforeseen occurs. The size of our company also
allows us to respond quickly when schedule constraints occur. Certifications for individuals working on
this project are listed under “Braun Intertec Project Personnel” on page number 2.
We have a history of completing projects with your agency including working with you on projects such
as the City of Golden Valley 2021, 2022, 2023, and 2024 Pavement Management Program projects,
Golden Valley Watermain Compaction Testing project, and the City of Golden Valley Metro Belt Line
Replacement project. We believe that our past reputation and record of performance should be
considered when evaluating this proposal.
Our Understanding of Project
We understand this project will include aggregate base placement, new concrete curb and gutter,
sidewalk, and driveways along with a new bituminous pavement. Improvements to the sanitary, storm,
and water main utilities will also be part of this project.
This is a City of Golden Valley project with State Aid funding. Projects that are constructed with State Aid
funding are required to perform Quality Control and Quality Assurance (QC/QA) testing in accordance
with the Minnesota Department of Transportation’s (MnDOT’s) 2020 Specifications for Construction
along with MnDOT’s Schedule of Materials Control. This project is using MnDOT’s 2023 Standard
Schedule of Materials Control. Personnel with MnDOT certifications must complete the monitoring and
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City of Golden Valley
Revised Proposal QTB202399
September 10, 2024
Page 2
testing. Braun Intertec will perform the QA field testing on the project as listed in our scope of services
and as shown on our attached cost estimate table. The contractor will be responsible for performing all
of the required QC testing and submitting all the documentation upon completion of the project. An
audit of the project could be conducted upon completion. The audit may include reviewing tests and
paperwork provided by your QC/QA representative.
Braun Intertec will perform the QA field testing on the project as listed in our scope of services and as
shown on our attached cost estimate table. The contractor will be responsible for performing all of the
required QC testing and submitting all the documentation upon completion of the project. An audit of
the project could be conducted upon completion. The audit may include reviewing tests and paperwork
provided by your QC/QA representative.
Available Project Information
This proposal was prepared using the following documents and information.
▪ Project plans prepared by the SEH & Associates, Inc., dated May 7, 2024.
▪ Project specifications prepared by the City of Golden Valley, dated May 7, 2024.
▪ Request for Proposals prepared by the City of Golden Valley.
▪ Addendum Number 1 developed by the City of Golden Valley.
Braun Intertec Project Personnel
For this project, we will provide technicians that are MnDOT certified in each specialized field. For the
proposed scope of services, our staff will have the following certifications:
▪ Aggregate Production Tester
▪ Grading & Base Tester
▪ Concrete Field Tester
▪ Bituminous Street Tester
▪ Bituminous Plant Tester
▪ MnDOT or ACI Strength Tester
Accredited Laboratory
In the 2023 Standard Schedule of Materials Control, which is part of this project’s testing requirements,
MnDOT requires laboratories performing acceptance tests for payment to be accredited by the AASHTO
Resource (formerly AASHTO Materials Reference Laboratory [AMRL]) for all test procedures performed.
Braun Intertec is one of the few independent testing companies that is accredited in the metro area.
With Braun Intertec’s Metro Material Laboratory typically operating 24 hours a day, laboratory test
results are delivered in a timely manner.
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City of Golden Valley
Revised Proposal QTB202399
September 10, 2024
Page 3
Scope of Services
Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or
your on-site project personnel. Based on our understanding of the project, we propose the following
services.
Soil Related Services
▪ Perform nuclear gauge density tests on select granular borrow modified 5% and utility
backfill materials.
▪ Perform MnDOT Dynamic Cone Penetrometer (DCP) tests on aggregate base materials.
▪ Perform moisture content tests at time of compaction on select granular borrow modified
5%, utility backfill, and aggregate materials.
▪ Perform gradation tests on select granular borrow modified 5%, coarse filter aggregate, pipe
bedding, and aggregate base materials.
▪ Perform laboratory standard Proctor tests on backfill and fill materials.
▪ Prepare the preliminary and final grading and base report along with assembling the random
sampling locations report for the aggregate base according to MnDOT Specifications.
Concrete Field Testing Related Services
▪ Sample and test the plastic concrete for slump, air content, temperature prior to placement.
We assume that we will be able to appropriately dispose of excess concrete (and associated
wash water) on site at no additional cost to us.
▪ Prepare 4-inch by 8-inch cylinders for compressive strength testing. One set of three
cylinders will be cast each visit that will be tested at 28 days. If field cure cylinders are
requested, each additional cylinder will be charged at the unit price listed in our cost
estimate.
▪ Laboratory compressive strength testing of cylinders.
Bituminous Related Services
▪ Collect one verification sample per mix per day of production. Perform quality assurance
tests on these samples which include Rice specific gravity, asphalt content, extracted
aggregate gradation, gyratory density, coarse aggregate angularity, and fine aggregate
angularity. Compare agency test results with contractor’s test results for compliance with
MnDOT 2360 specification.
▪ Measure the in-place density of the fresh bituminous with a nuclear density gauge to
observe and document the contractor’s roll pattern.
Reporting and Project Management
Test results will be issued weekly for the project as the various tasks are performed. If, at any time, there
are failing tests which do not appear to be in accordance with the plans and specifications or MnDOT’s
Schedule of Materials Control, we will notify the engineer’s representative and any others that we are
directed to notify.
Before the final project closeout, we will issue a final report. The report will include the following:
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City of Golden Valley
Revised Proposal QTB202399
September 10, 2024
Page 4
▪ Braun Intertec technician roster for technicians that conducted testing on the project.
▪ Completed MnDOT Materials Certification Exceptions Summary for items tested by
Braun Intertec.
▪ Completed Preliminary and Final Grading and Base Report.
▪ Moisture, Density, DCP, Proctor, and Gradation tests.
▪ Concrete compressive strength results.
▪ Bituminous mix designs.
▪ Bituminous verification test results.
▪ Bituminous contractor’s summary sheets.
▪ Copies of concrete and bituminous plant certifications.
Basis of Scope of Work
The costs associated with the proposed scope of services were estimated using the following
assumptions. If the construction schedule is modified or the contractor completes the various phases of
the project at different frequencies or durations than shown in this proposal, we may need to adjust the
overall cost accordingly. The scope of work and number of trips required to perform these services are as
shown in the attached table. Notable assumptions in developing our estimate include:
▪ We assume it will take fifteen trips to complete the nuclear density gauge testing on this
project.
▪ We assume compaction testing on aggregate base materials will be performed using the
MnDOT Dynamic Cone Penetration (DCP) method; a minimum of three tests will be
conducted each trip with six trips assumed.
▪ We assume twenty-four sets of concrete tests will be required to complete the project.
▪ We assume the rebar observations before concrete placements will be completed by the
project representative’s construction oversight manager.
▪ Bituminous paving will be completed in ten days for this project.
▪ We assume MnDOT Metro Inspections will perform concrete batch plant monitoring and
testing for this project.
▪ We assume MnDOT Metro Inspections will perform bituminous plant monitoring and testing
for this project.
▪ We assume City of Golden Valley personnel will observe the test rolling for this project.
▪ We assume the project engineer of record will review and approve the contractor’s quality
control submittals and test results.
▪ You, or others you may designate, will provide us with current and approved plans and
specifications for the project. Modification to these plans must also be sent to us so we can
review their incorporation into the work.
▪ We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time.
Shorter than 24 hours’ notice may impact our ability to perform the requested services, and
the associated impacts will be the responsibility of others.
If the work is completed at different rates than described above, this proposal should be revised.
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City of Golden Valley
Revised Proposal QTB202399
September 10, 2024
Page 5
Cost and Invoicing
We will furnish the services described herein for an estimated fee of $44,445. Our estimated costs
are based on industry averages for construction production. Depending on the contractor’s
performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation
showing our estimated hourly and/or unit rates associated with our proposed scope of services
is also attached. The actual cost of our services will be based on the actual units or hours expended to
meet the requirements of the project documents.
This cost estimate was developed with the understanding that the scope of services defined herein will
be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through
Friday. Services that we are asked to provide to meet the project requirements or the contractor’s
construction schedule outside our normal business hours will be invoiced using an overtime rate factor.
The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the
listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays
will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for
overtime in our cost estimate; however, we recommend that allowances and contingencies be made for
overtime charges. You will be billed only for services provided on a time and materials basis.
Because our services are directly controlled by the schedule and performance of others, the actual cost
may vary from our estimate. It is difficult to project all of the services and the quantity of services that
may be required for any project. If services are required that are not discussed above, we will provide
them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We
will invoice you on a monthly basis.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign
and return one copy to our office as notification of acceptance and authorization to proceed. If
anything in this proposal is not consistent with your requirements, please let us know immediately.
Braun Intertec will not release any written reports until we have received a signed agreement. Also,
ordering services from Braun Intertec constitutes acceptance of the terms of this proposal including the
attached General Conditions.
The proposed fee is based on the scope of services described and the assumption that our services will
be authorized within 30 days and that others will not delay us beyond our proposed schedule.
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City of Golden Valley
Revised Proposal QTB202399
September 10, 2024
Page 6
We include the Braun Intertec General Conditions, which provide additional terms and are a part of our
agreement.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact John Rutherford at 612.718.8461 (jrutherford@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
John P. Rutherford
Senior Project Manager
Charles M. Cadenhead, Jr., PE
Vice President – Principal Engineer
Attachments:
Cost Estimate Table
General Conditions – CMT (1/1/18)
The proposal is accepted. We will reimburse you in accordance with this agreement, and you are
authorized to proceed:
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
70
EXHIBIT B
LOCATION OF WORK
71
!!!!!!!!!!!!Lilac Dr NTopel Rd
Phoenix StWelcomeAveNWelcomeCir
Z
a
n
e
Av
e
NLindsay St
Zane Ave NOak Grove CirLilac Dr NN Frontage Rd
S Frontage Rd Olson Mem HwyLilac Dr NOls o n Memorial Hwy
Valleywo
odCirG o ld e n V a lleyR dHwy100Hwy 55 LilacLoopI
0 350 700175Feet
Print Date: 12/28/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.
CIP Streets
2024, 0.53 miles State Aid
2024, 0.27 miles local
Zane Ave / Lindsay StReconstruction P roject
72
EXHIBIT C
FEE SCHEDULE
73
Client:Service Description:Work Site Address:
Zane Avenue from Highway 55 Frontage Road to
Golden Valley Road
Lindsay Street from Zane Avenue to Highway 100
Golden Valley, MN 55422
City of Golden Valley
Brian Dahlberg
7800 Golden Valley Rd
Golden Valley, MN 55427
(763) 593-8000
Construction Materials Testing
City Project No. 23-02
Description Quantity Units Unit Price Extension
Phase 1 MnDOT Testing
Activity 1.1 Soil Testing $12,079.00
207 Compaction Testing - Nuclear 37.50 Hour 94.00 $3,525.00
Work Activity Detail Qty Units Hrs/Unit Extension
Select Granular 5.00 Trips 2.50 12.50
Utility Backfill 10.00 Trips 2.50 25.00
1308 Nuclear moisture-density meter charge, per hour 37.50 Each 28.00 $1,050.00
217 Compaction Testing - DCP's 18.00 Hour 94.00 $1,692.00
Work Activity Detail Qty Units Hrs/Unit Extension
Aggregate Base 6.00 Trips 3.00 18.00
1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 162.00 $162.00
1318 Moisture Density Relationship (Proctor)8.00 Each 200.00 $1,600.00
1162 Sieve Analysis with 200 wash, per sample 12.00 Each 156.00 $1,872.00
209 Sample pick-up 12.00 Hour 94.00 $1,128.00
1861 CMT Trip Charge 21.00 Each 50.00 $1,050.00
Activity 1.2 Concrete Testing $14,794.00
261 Concrete Testing 85.00 Hour 94.00 $7,990.00
Work Activity Detail Qty Units Hrs/Unit Extension
Curb & Gutter 12.00 Trips 2.50 30.00
Flatwork 22.00 Trips 2.50 55.00
1364 Compressive strength of concrete cylinders, per specimen 102.00 Each 38.00 $3,876.00
Work Activity Detail Qty Units Hrs/Unit Extension
Curb & Gutter 12.00 Sets 3.00 36.00
Flatwork 22.00 Sets 3.00 66.00
278 Concrete Cylinder Pick up 12.00 Hour 94.00 $1,128.00
Work Activity Detail Qty Units Hrs/Unit Extension
Cylinder Pickup 12.00 Trips 1.00 12.00
1861 CMT Trip Charge 36.00 Each 50.00 $1,800.00
Activity 1.3 Pavement Testing $11,560.00
2689 MnDOT Bituminous Verification, per sample 10.00 Each 740.00 $7,400.00
207 Compaction Testing - Nuclear 30.00 Hour 94.00 $2,820.00
Work Activity Detail Qty Units Hrs/Unit Extension
Pavement Roll Pattern / Verification Sample
P/U
10.00 Trips 3.00 30.00
1308 Nuclear moisture-density meter charge, per hour 30.00 Each 28.00 $840.00
1861 CMT Trip Charge 10.00 Each 50.00 $500.00
Activity 1.4 Project Management $6,012.00
226 Project Manager 22.00 Hour 174.00 $3,828.00
1230 MnDOT Final Report 1.00 Each 750.00 $750.00
228 Senior Project Manager 2.00 Hour 200.00 $400.00
Page 1 of 2
Project Proposal
QTB202399
Golden Valley Zane Ave & Lindsay St Impts SAP 128-408-002
74
Proposal Total:$44,445.00
238 Project Assistant 11.00 Hour 94.00 $1,034.00
Phase 1 Total:$44,445.00
Page 2 of 2
Project Proposal
QTB202399
Golden Valley Zane Ave & Lindsay St Impts SAP 128-408-002
75
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.7. Approve Encroachment Agreement No. 2024.002 on Metropolitan Council Property
Prepared By
Michael Ryan, City Engineer
Summary
This agreement between the City and the Metropolitan Council is required for construction of the TH-
55 Watermain Replacement Project (No. 23-19). This agreement allows for the City and its Contractor
to perform construction associated with the watermain replacement, which is partially located within
two Metropolitan Council sanitary sewer easements.
Financial or Budget Considerations
This agreement is in consideration of the sum of one (1) dollar, which is included within the Project
budget allocated to professional services and permit fees. This is associated with Business Unit 7121
(Utility Administration).
Legal Considerations
Temporary construction and the replacement the City's watermain are subject to approval from the
Metropolitan Council, who maintains two sanitary sewer easements within the project limits. The
agreement applies exclusively to the TH-55 Watermain Replacement Project construction activities.
The City Attorney's office has reviewed this agreement.
Equity Considerations
The City's work to replace this watermain is consistent with the unbiased programs and services pillar
of the City's Equity Plan. The replacement of this watermain is the result of an unbiased process that
prioritizes infrastructure repair and replacement, based on an objective condition assessment. Utilities
that have the lowest condition rating, or have the highest need for repair or replacement, are given
priority. This ensures that clean drinking water is provided reliably for the community.
Recommended Action
Motion to Approve Encroachment Agreement No. 2024.002 on Metropolitan Council Property for the
TH-55 Watermain Replacement Project. Majority vote needed.
Supporting Documents
MCES 2024.002 Encroachment Agreement.pdf
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Encroachment Agreement 2024.002
ENCROACHMENT AGREEMENT
ON METROPOLITAN COUNCIL PROPERTY PROPERTY LOCATION Encroachment Number 2024.002 City of Golden Valley, Hennepin County RECITALS
A. The Metropolitan Council, a public corporation and political subdivision of the
State of Minnesota (“Council”), the address of which is 390 North Robert
Street, St. Paul, Minnesota 55101, is the easement owner of property in
Hennepin County, as shown in the Sanitary Sewer Easement, recorded as
Document Numbers 5450237 and 5410691 (“Council Property” or “Property”).
B. The City of Golden Valley, A Minnesota municipal corporation of the State of
Minnesota (“Requestor”) includes the replacement of watermain from Boone
Avenue North to approximately 280 feet west of Wisconsin Avenue North and
the replacement of water service connection to a business (Jersey Mike’s Subs).
The existing watermain will be abandoned and the new watermain will be
primarily be directional drilled. (the “Work”).
C. The Requestor’s Work and the non-exclusive right of ingress and egress on and
across Council property shall be located within an area legally described on
Exhibit B-1 (“Encroachment”) and depicted on a sketch as Exhibit B-2.
TERMS AND CONDITIONS
In consideration of the sum of one dollar and other good and valuable consideration
to it in hand paid, the receipt and sufficiency of which is hereby acknowledged,
Council agrees to the Encroachment on Council Property, subject to the terms and
conditions stated in this Agreement.
1. The Requestor shall have the right to use the Encroachment for the
replacement of watermain from Boone Avenue North to approximately 280 feet
west of Wisconsin Avenue North and the replacement of water service
connection to a business (Jersey Mike’s Subs). The existing watermain will be
abandoned and the new watermain will be primarily be directional drilled.
2. This Encroachment shall only be used as expressly identified in this
Agreement and for no other purpose, and shall not be moved, relocated or
expanded by Requestor without express written amendment of this
Agreement.
3. Before Work may commence in the Encroachment, City of Golden Valley shall:
a. Provide a schedule to the Council of work activities
b. Have received final approval of Plans and Specifications by Council.
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Encroachment Agreement 2024.002
c. Have received all necessary approvals from local jurisdiction(s) in which
the Encroachment is situated.
d. Have provided Council and Council’s Risk Management division all
required liability insurance demonstrating that City of Golden Valley, its
contractors or any party doing work on behalf of the City of Golden Valley
has included the Council as additional insured on the policy.
e. Notify Council at least 72 hours in advance of the actual physical
commencement of any construction, repair or replacement of any
encroaching improvement on Council Property.
Such Notice shall be provided to:
COUNCIL:
Tim Wedin, Assistant Manager
Environmental Services
390 North Robert Street
St. Paul, MN 55101
651-602-4571
Timothy.Wedin@metc.state.mn.us
4. Nothing in this Agreement shall be deemed an assumption of responsibility by the
Council for any construction, maintenance, replacement or repair of the
Requestor’s encroaching improvements.
5. City of Golden Valley will indemnify, save, defend and hold the Council harmless
from and against any loss, cost, or expense incurred by the Council, including any
losses resulting from claims or damages to property, personal injuries or deaths,
judgments, court costs and reasonable attorneys’ fees, which arise out of or are
claimed to have arisen out of the Encroachment.
6. City of Golden Valley and its/his/her successors and assigns hereby agree that
construction and placement of improvements or infrastructure in the
Encroachment is granted at the sole discretion of the Council and Requestor shall
adhere to the terms and conditions of this Agreement and approved plans and
specifications as attached or referenced Exhibit B-2. Further, City of Golden
Valley, their successors and assigns shall submit any alterations, modifications or
amendments to the improvements to Council for Council’s prior review and for
separate written agreement and consent.
7. Under no circumstances, shall City of Golden Valley commence construction,
either for initial construction or any future reconstruction, relocation or
realignment of the improvements until Council has provided to the written
acceptance of either amendments or modifications to the original improvement or
future plans for reconstruction, relocation or realignment of the original
improvements.
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Encroachment Agreement 2024.002
8. City of Golden Valley and its/his/her successors and assigns hereby agree that
Council, its employees, agents, contractors and invitees shall have access to
Council property on this site at all times.
9. City of Golden Valley and its successors and assigns will pay for repair or
replacement of any damage to or destruction of the Council’s Property, which
damage or destruction arises from or is attributable to the encroachment upon or
use of the Council Property described in this Agreement.
10. The Encroachment shall not interfere with the Council’s use of the Property.
Should Council find it necessary to remove or disturb the Encroachment, Council
shall provide thirty (30) days written notice to City of Golden Valley except in an
emergency when the Council may enter the Encroachment Area immediately and
provide Owner notice as soon as practical. In either event, all removal,
replacement, and relocation of said improvements shall be paid for by City of
Golden Valley their successors and assigns. In the event the City of Golden Valley
is unable to or unwilling to remove, replace or relocate the Encroachment, Council
may take all such actions as necessary to remove, replace or relocate the
Encroachment and shall be reimbursed for the costs incurred for such action.
Council shall have no obligation to provide a substitute Encroachment area for
relocation.
Such Notice shall be provided to:
City of Golden Valley
Timothy Kieffer, Public Works Director
7800 Golden Valley Road
Golden Valley, MN 55427
11. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their successors and assignees.
12. The Requestor shall provide Council with notice when the property is sold. Any
new purchaser shall provide Council with their contact information and the
parties shall amend this Agreement to reflect the new owner.
Such Notice shall be provided to:
COUNCIL:
Tim Wedin, Assistant Manager
Environmental Services
390 North Robert Street
St. Paul, MN 55101
651-602-4571
Timothy.Wedin@metc.state.mn.us
and
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Encroachment Agreement 2024.002
Real Estate Office
Metropolitan Council
390 North Robert Street
St. Paul, MN 55101
13. This Encroachment Agreement is terminable by the Council at its sole discretion
upon providing Requestor, their successor or assign, no less than sixty (60) days
written notice to the Owner in the event this Encroachment area is needed
exclusively for Council purposes. Nothing in this agreement shall be construed to
convey a permanent right or interest in Council’s real property.
14. This Agreement shall be effective upon the execution of all parties.
The remainder of this page is left blank
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Encroachment Agreement 2024.002
REQUESTOR:
City of Golden Valley
By:
Noah Schuchman
Its: City Manager
Date: ______________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _________ day of
______________, 2024, by Noah Schuchman, the City Manager on behalf of the City
of Golden Valley, A Minnesota municipal corporation of the State of Minnesota, on
its behalf.
________________________________
Notary Public
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Encroachment Agreement 2024.002
METROPOLITAN COUNCIL
By: ________________________________
Its: Director of Real Estate
Date: ______________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ____ day of
_______________________, 2024, by Kelly Jameson, Director of Real Estate for the
METROPOLITAN COUNCIL, a public corporation and political subdivision of the
State of Minnesota, on its behalf.
Notary Public
Drafted by:
Metropolitan Council
Real Estate Office
390 North Robert Street
St. Paul, MN 55101
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Encroachment Agreement 2024.002
Exhibit A – Council Easement as Described
in Document Numbers 5450237 and 5410691
Description of Metropolitan Waste Control Commission Sanitary Sewer
Easement per Doc. No. 5450237
A perpetual Easement for sanitary sewer purposes over, under and across the
following described property: That part of the Northwest Quarter of the Southeast
Quarter of Section 31, Township 118, Range 21, Hennepin County, Minnesota,
described as follows, which lies south of the following described line, and lying
northerly of the northerly right of way of State Highway No. 55: Commencing at the
northwest corner of said Northwest Quarter of the Southeast Quarter; thence on an
assumed bearing of South 0 degrees 29 minutes 40 seconds East along the East line
thereof 245.76 feet to the point of beginning of the line to be described; thence North
78 degrees 44 minutes 23 seconds East 466.86 feet to the southwesterly line of 7th
Avenue North and there terminating.
And now contained within Lots 1 and 2, Block 1, Linn Addition P.U.D. No. 110,
Hennepin County, Minnesota.
Description of Metropolitan Waste Control Commission Sanitary Sewer
Easement per Doc. No. 5410691
A perpetual Easement for sanitary sewer purposes over, under and across that part
of Lot 1, Block 2, Valley Square 2nd Addition, Hennepin County, Minnesota, lying
southerly and southwesterly of a line described as commencing at the southwest
corner of said Lot 1; thence northerly along the west line of said Lot 1 a distance of
39.71 feet to the point of beginning of the line to be described; thence easterly
deflecting to the right 110 degrees 42 minutes 04 seconds a distance of 34.21 feet;
thence southeasterly deflecting to the right 45 degrees 00 minutes 19 seconds a
distance of 49.62 feet to the southerly line of said Lot 1 and there terminating.
And now contained within Lot 1, Block 1, Valley Creek P.U.D. No. 71 Third
Addition, Hennepin County, Minnesota.
For Informational Purposes Only:
Description of PID 31-118-21-42-0013 (600 Boone Ave N)
Lot 1, Block 1, Linn Addition P.U.D. No. 110, Hennepin County, Minnesota.
Description of PID 31-118-21-42-0014 (8525 Golden Valley Rd)
Lot 2, Block 1, Linn Addition P.U.D. No. 110, Hennepin County, Minnesota.
Description of PID 31-118-21-13-0021 (8501 Golden Valley Rd)
Lot 1, Block 1, Valley Creek P.U.D. No. 71 Third Addition, Hennepin County,
Minnesota.
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Encroachment Agreement 2024.002
Exhibit B-1 –Encroachment Legal Description
Permanent Encroachment Area over Metropolitan Waste Control
Commission Sanitary Sewer Easement per Document Numbers 5450237
and 5410691
Permanent Encroachment Area over Metropolitan Waste Control
Commission Sanitary Sewer Easement per Doc. No. 5450237
A permanent encroachment area over, under, and across the Metropolitan Waste
Control Commission Sanitary Sewer Easement per Doc. No. 5450237, and now
contained within Lots 1 and 2, Block 1, Linn Addition P.U.D. No. 110, Hennepin
County, Minnesota.
Said permanent encroachment area is a strip of land 10.00 feet in width which lies
5.00 feet on either side of the following described centerline:
Commencing at the southeast corner of said Lot 2, thence North 21 degrees 03
minutes 21 seconds West, assumed bearing along the east line of said Lot 2, a
distance of 17.90 feet to the point of beginning of the centerline to be described;
thence South 88 degrees 52 minutes 42 seconds West, a distance of 63.24 feet;
thence South 74 degrees 39 minutes 10 seconds West, a distance of 53.89 feet;
thence South 78 degrees 28 minutes 15 seconds West, a distance of 73.53 feet;
thence South 82 degrees 01 minutes 55 seconds West, a distance of 109.81 feet;
thence South 79 degrees 39 minutes 20 seconds West, a distance of 151.56 feet;
thence South 35 degrees 37 minutes 01 seconds West, a distance of 13.51 feet to the
south line of said Lot 1 and said centerline there terminating.
Said 10.00 foot wide strip is to extend by its full width through said Metropolitan
Waste Control Commission Sanitary Sewer Easement per Doc. No. 5450237.
AND
Said permanent encroachment area is a strip of land 10.00 feet in width which lies
5.00 feet on either side of the following described centerline:
Commencing at the southeast corner of said Lot 2, thence North 21 degrees 03
minutes 21 seconds West, assumed bearing along the east line of said Lot 2, a
distance of 17.90 feet; thence South 88 degrees 52 minutes 42 seconds West, a
distance of 63.24 feet; thence South 74 degrees 39 minutes 10 seconds West, a
distance of 44.86 feet; thence South 11 degrees 26 minutes 04 seconds East, a
distance of 6.70 feet; thence South 01 degrees 17 minutes 32 seconds West, a
distance of 4.65 feet; thence South 35 degrees 37 minutes 28 seconds West, a
distance of 9.39 feet to the south line of said Lot 2 and the point of beginning of the
centerline to be described; thence North 35 degrees 37 minutes 28 seconds East, a
distance of 9.39; thence North 01 degrees 17 minutes 32 seconds East, a distance of
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Encroachment Agreement 2024.002
4.65 feet; thence North 11 degrees 26 minutes 04 seconds West, a distance of 144.04
feet; thence North 10 degrees 51 minutes 05 seconds West, a distance of 33.90 feet
to the north line of said Lot 2 and said centerline there terminating.
Said 10.00 foot wide strip is to extend by its full width through said Metropolitan
Waste Control Commission Sanitary Sewer Easement per Doc. No. 5450237.
Permanent Encroachment Area over Metropolitan Waste Control
Commission Sanitary Sewer Easement per Doc. No. 5410691
A permanent encroachment area over, under, and across the Metropolitan Waste
Control Commission Sanitary Sewer Easement per Doc. No. 5410691, and now
contained within Lot 1, Block 1, Valley Creek P.U.D. No. 71 Third Addition,
Hennepin County, Minnesota.
Said permanent encroachment area is a strip of land 10.00 feet in width which lies
5.00 feet on either side of the following described centerline:
Commencing at the southwest corner of said Lot 1, thence North 21 degrees 03
minutes 21 seconds West, assumed bearing along the west line of said Lot 1, a
distance of 24.95 feet to the point of beginning of the centerline to be described;
thence North 88 degrees 52 minutes 42 seconds East, a distance of 10.67 feet;
thence South 83 degrees 16 minutes 55 seconds East, a distance of 165.32 feet to the
south line of said Lot 1 and said centerline there terminating.
Said 10.00 foot wide strip is to extend by its full width through said Metropolitan
Waste Control Commission Sanitary Sewer Easement per Doc. No. 5410691.
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Encroachment Agreement 2024.002
Exhibit B-2 –Sketch Depicting Encroachment Areas
86
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3D.8. Approve Contract for Native Vegetation Management with Landbridge Ecological, Inc.
Prepared By
Eric Eckman, Environmental Resources Supervisor
Summary
As part of its ongoing commitment to water quality, and the care and protection of the natural
environment, the City of Golden Valley has established native vegetation buffers adjacent to
numerous ponds, wetlands, and streams in the community. The buffers protect critical stormwater
infrastructure, improve water quality and ecological diversity, and provide habitat for pollinators and
other wildlife. Native vegetation buffers are required to be established and maintained in accordance
with state and local laws. The City retains a professional ecological restoration contractor to manage
its buffers due to the additional resources and expertise required. The contractor will routinely inspect
each native vegetation buffer and perform site-specific management based on the unique plant
species and conditions of each site. Management tasks may include integrated plant management,
native vegetation seeding, dormant mowing, and controlled burns to remove invasive and noxious
species, to collectively promote the successful long-term establishment of native vegetation.
Quotes were received on September 6, 2024 and are listed below:
Landbridge Ecological, Inc. $ 93,100.00
Minnesota Native Landscapes $ 125,495.00
Native Resource Preservation, LLC $ 144,711.70
Financial or Budget Considerations
The recommended contract is in the amount of $93,100, which is within the 2024 Environmental
Control operating budget (7303). This budget allocates up to $125,000 for native vegetation
management.
Legal Considerations
The City Attorney has reviewed and approved the contract for Native Vegetation Management.
Equity Considerations
The City's ongoing work to establish and maintain native vegetation buffers is consistent with the
unbiased programs and services pillar of the City's Equity Plan. Native vegetation buffers are located
near water bodies and provide numerous environmental benefits to the community including
87
ecological diversity, wildlife habitat, clean air, and clean water. Increasingly, more buffers are being
established within the City’s Environmental Justice Priority Areas and Green Corridors, emphasizing
the importance of holistic planning, prioritization, and investment in green infrastructure and quality
open spaces. Clean water and healthy ecosystems benefit all community members, especially those
who have been impacted most and contribute the least to environmental harms.
In an effort to increase opportunity and economic prosperity for all, a request for quotes was sent to
eighty-seven (87) companies and organizations. These organizations include seventy-nine (79) certified
Disadvantaged Business Enterprises listed in the Minnesota Unified Certification Program (MnUCP)
and Central Certification Program (CERT) and three community organizations that work with minority-
owned and women-owned businesses.
Landbridge Ecological, Inc. is a locally owned and operated small, Woman-owned Business Enterprise
and is certified through the MnUCP and CERT programs.
Recommended Action
Motion to Approve Contract for Native Vegetation Management with Landbridge Ecological, Inc.
Majority vote needed.
Supporting Documents
Native Vegetation Management Contract
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CONTRACT FOR LOCAL IMPROVEMENT
THIS AGREEMENT is made this 17 day of September, 2024 (the “Effective Date”) by and between
Landbridge Ecological, Inc., an ecological restoration company located at 670 Vandalia Street, Saint Paul,
MN 55114 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation
located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of ecological restoration and management.
B. The City desires to hire Contractor to provide native vegetation landscaping and management.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and
Contractor is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and
Contractor agree as follows:
AGREEMENT
1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the
“Work”). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from
accumulation of waste materials and debris caused by Contractor’s operations.
2. Time for Completion. Contractor shall commence Work not later than September 23, 2024.
Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the
City’s authorized agent on or before November 30, 2024 (the “Contract Time”). Contractor shall notify the
City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If
Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time
thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice
of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time.
3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed
$93,100. The consideration shall be for both the Work performed by Contractor and the expenses incurred
by Contractor in performing the Work.
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Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates,
titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay
Contractor within thirty-five (35) days after receiving a statement from Contractor.
4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents. In the event of a
conflict between this Agreement and an Exhibit to this Agreement, this Agreement shall control.
7. Expense Reimbursement. Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
8. Approvals. Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
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c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
10. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by
a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts
the completed Work (the “Final Completion Date”).
11. Warranty. Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further represents and
warrants to the City that the materials and equipment furnished under this Agreement are of good quality
and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work
will conform to the requirements of this Agreement and will be free from defects. Work, materials, or
equipment not conforming to these requirements may be considered defective. Contractor shall promptly
correct any defective Work. Costs of correcting such defective Work, including additional testing and
inspections, the cost of uncovering and replacement, and compensation for any additional services and
expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude
remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its
subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient
maintenance, improper operation or normal wear and tear under normal usage.
12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials
furnished and installed under this contract for a period of one year after the Final Completion Date (the
“Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the
specifications. If any of the Work is found to be not in accordance with the requirements of the Contract
during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to
do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct
nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct
the Work at Contractor’s expense. Reasonable time will be defined by the City and may be based on
applicable Federal, State, and local regulatory criteria and compliance schedules, or based on a schedule
needed to perform corrections in accordance with industry standards of care.
The Guarantee Period shall be extended with respect to portions of Work first performed after the Final
Completion Date by the period of time between final payment and the actual completion of that portion
of the Work. The one-year period for correction of Work shall not be extended by corrective Work
performed by Contractor pursuant to this Section.
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Nothing contained in this Section shall be construed to establish a period of limitation with respect to
other obligations Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in this Section relates only to the specific obligation of Contractor to
correct the Work, and has no relationship to the time within which the obligation to comply with the
Contract Documents may be sought to be enforced, nor to the time within which proceedings may be
commenced to establish Contractor’s liability with respect to Contractor’s obligations other than
specifically to correct the Work.
13. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractor for Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
14. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
15. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities,
or any combination thereof. These remedies provided to the City for breach of this Agreement by
Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
16. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records, documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
17. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
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Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
18. Insurance. Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by
Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of
any person, and property damage arising out of the ownership, maintenance, and use of such
motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness or
disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of use
of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case
of non-payment.
19. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City a Certificate of Compliance from the Commissioner of
Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on
file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied
with the provisions of Minnesota Statutes Section 290.92.
20. Performance and Payment Bond. Prior to Commencement of the Work, Contractor shall make,
execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of
$93,100 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to
the project. Said bonds shall secure the faithful performance and payment of the Contract by the
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Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless
and until said bonds have been received and approved by the City.
21. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
22. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged in the independent performance of the same or similar work for
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties
are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
23. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
24. Entire Agreement. The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
25. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
26. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
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Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
27. Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising
out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
28. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
29. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
30. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
31. No Discrimination. Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender,
gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part
of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with
Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and
the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless
and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in
any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees,
members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon
request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all
Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply
with ADA requirements for effective communication with individuals with disabilities.
32. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Eric Eckman, Environmental Resources Supervisor, or designee. Contractor’s authorized agent for
purposes of administration of this contract is Travis Moe, Land Management Coordinator, or designee
who shall perform or supervise the performance of all Work.
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33. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Landbridge Ecological, Inc.
670 Vandalia Street
Saint Paul, MN 55114
travis@landbridge.eco
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
eeckman@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
34. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
35. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
36. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
37. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
38. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
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authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
39. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
40. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
LANDBRIDGE ECOLOGICAL, INC.: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: Tory Christensen
Title: Owner
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
97
EXHIBIT A
SCOPE OF WORK
As part of its ongoing commitment to water quality, and the care and protection of the natural
environment, the City of Golden Valley has established native vegetation buffers around numerous
ponds, wetlands, and streams in the community.
These buffers protect critical stormwater infrastructure, improve water quality and ecological diversity,
and provide habitat for pollinators and other wildlife. Buffers are located adjacent to water bodies, and
are required to be provided and maintained in accordance with state and local laws. Increasingly, many
of these buffers are located within the City’s Environmental Justice Priority Areas and Green Corridors,
emphasizing the importance of holistic planning, prioritization, and investment in buffers and green
infrastructure. Clean water and healthy ecosystems benefit all community members, especially those
who have been impacted most and contribute the least to environmental harms.
Management of the buffers includes integrated plant management, native vegetation seeding, dormant
mowing, and controlled burns to remove invasive, noxious, and undesirable vegetation, collectively
promoting the successful long-term establishment of native vegetation.
1. Work. The Work shall include furnishing all labor, tools, materials, and equipment to restore,
enhance, and maintain native vegetation buffers and landscapes at the locations shown on the site maps
included in this Exhibit A. The Work shall occur throughout the growing season as specified in Exhibits B
and C. The Work shall include the following:
A. Integrated Plant Management (IPM) – Perform a combination of hands-on management
techniques used during the growing season. IPM tasks may include but are not limited to:
hand pulling and cutting; complete site mowing; spot mowing; line trimming; spot burning;
spot treatment; and woody plant management including removal and stump treatment.
B. Dormant Mows – Perform a dormant mow of an entire site to control annual weeds and
promote the successful long-term establishment of native vegetation. Dormant mows shall
be conducted in early spring, after prairie seeds have fallen and prior to undesirable species
producing seed, unless otherwise approved by the City’s authorized agent.
C. Controlled Burns – Conduct controlled burns to replicate the natural and beneficial process
of fire, promote the growth of native plants, and control weeds. Burns shall only be conducted
by trained, certified personnel after obtaining the proper permits and notifying the Fire
Department, 911 dispatchers, and adjacent properties as specified in Exhibit B.
D. Native Vegetation Seeding – Perform seeding or inter-seeding as directed by the City,
generally based on the density and extents of native vegetation.
2. Location. Site location maps are in Exhibit A.
3. Contract Time. The Work shall commence no later than September 23, 2024, and conclude on or
before November 30, 2024.
98
INDEX MAP
99
C I T Y O F N E W H O P E C I T Y O F C R Y S T A L
C I T Y O F R O B B I N S D A L E
CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K
CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL
CITY OF ST. LOUIS PARK
C I T Y O F N E W H O P E
CITY OF PLYMOUTHCITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R KCITY OFPLYMOUTHWinnetka Ave SWinnetka Ave NWinnetka Ave NDouglas Dr NDouglas Dr NMedicine Lake Rd
Glenwood AveMendelssohn Ave NPl ymo u th Av e N
10th Ave N
7thAve Boone Ave NWisconsin Ave NNevada Ave NGeneralMillsBlvdG o ld e n V alleyRdRhodeIslandSandburg Rd
Betty CrockerDr
WayzataBlvd
Country Club Dr
Harold Ave
Laurel Ave
Louisiana Ave SJersey AveFloridaAve SGolden Hills DrZane Ave NS Frontage Rd
TurnersCrossroad NMeadow Ln NNoble Ave NHampshireAve SW ayza ta Blvd Zenith Ave NTheod o r eWirthPkwyDecatur Ave NWayza t a Blvd
Duluth St G o l d e n ValleyRd
AveNG o l d e n Valley Rd
Pennsylvania Ave SWayzataBlvd XeniaAveSOlson Memorial HwyN Frontage Rd Lilac Dr N456766
456770
456766
456740
456740
4567156 4567102
§¨¦394
§¨¦394
Æÿ55Æÿ55
Æÿ100
Æÿ100
£¤169
£¤169
38
36
29
2
7
8
11
16
4
37
30 20
12
21
6
13
22
27
19
23
31 17
26
33
159
5
18
39
32 14
10
3
35
1
28
25
34
24
Vegetated BufferMaintenance
0 1,800 3,600900Feet
IPrint Date: 12/20/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.
Managed Buffer
1 Adeline Nature Area 2 Bassett Creek Nature Area 3 Bassett Creek and Winnetka 4 Boone Ave Pond and Berm 5 Briarwood Nature Area 6 Briarwood-Dawnview Pond 7 Brookview Park Ponds 8 General Mills Nature Preserve 9 Golden Meadows Pond10 Golden Ridge Pond11 Golden Hills Pond12 Hampshire Pond13 Madison Pond14 Meadow Lane Woods Pond15 Minnaqua Pond and Creek16 Minnaqua Wetland17 North Tyrol Park18 Perry Ave Pond19 Regent and Westbend20 Scott Ave Pond21 Schaper Park22 South Tyrol Pond23 Sweeney Branch Streambank24 Winnetka and Hwy 5525 Xenia Avenue Pond and Wetland26 St Croix Trail27 Honeywell Pond28 Paisley Park Rain Garden29 Brookview Ponds N and O30 The Liberty31 Talo Pond32 Brookview Community Center33 Brookview Driving Range34 Olympia Filtration Basin35 Georgia Pond36 DeCola Ponds B and C37 Brookview Ponds F and G38 Douglas Dr Pollinator Plot39 Pennsylvania Woods
100
SITE LOCATION MAPS
101
0.17 acresAAd
d
eelliinneeLLnn
910910
924924
0 40 8020Feet
IBuffer Ma in te na nce , S ite 1Adeline Nature A rea
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
102
6.44 acres Vale Crest RdVale Crest RdZZaanneeAAvv
ee
N
N
DDuulluutthh SSttAAddaaiirrAAvveeNN 57505750
19501950
19701970
20002000
20102010
2155215521602160
21302130
20202020
20402040
59105910
59305930
21252125
57355735 57255725
0 120 24060Feet
IBuffer Ma in te na nce , S ite 2Bassett Creek N atu re Area
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
103
0.16 acres
Winnetka Ave NWinnetka Ave N1100tthh AAvvee NN
830830
950950
0 40 8020Feet
IBuffer Ma in te na nce , S ite 3Bassett Creek an d Winn etka
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
104
1.36 acresBBoooonneeAAvveeNN
SS tt aa tt ee HH ww yy 55 55
GGooll ddee nn VVaa ll ll ee yy RR dd
600600
730730
85258525
710710
0 80 16040Feet
IBuffer Ma in te na nce , S ite 4Boone Ave Pond and Berm
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
105
0.58 acres
Unity Ave N
Unity Ave N
DD aa ww nn vv ii ee ww TT ee rrLLi
i
l
l
aa
cc
D
D
rr
N
NState Hwy 100State Hwy 10053605360 53205320
26002600
0 100 20050Feet
IBuffer Ma in te na nce , S ite 5Briarwood N atu re Area
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
106
0.52 acres SSccoottttAAvveeNNDD aa ww nn vv ii ee ww TT ee rr
53605360
53205320
53005300
53805380
0 60 12030Feet
IBuffer Ma in te na nce , S ite 6Briarwood-Dawnview Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
107
2.12 acres WWiinnnneettkkaaAAvveeNNHarold AveHarold AveBBrrooookkvviieewwPPkkwwyyNN
78407840 78307830
300300
200200
200200
100100
0 150 30075Feet
IBuffer Ma in te na nce , S ite 7Brookview Park Po nds
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
108
5.49 acres
SS tt aa tt ee HH ww yy 55 55
BB ee tt tt yy CC rroocckkee rr DDrr
92019201
91479147
91419141
91439143
92009200
9131B9131B
9131C9131C
0 150 30075Feet
IBuffer Ma in te na nce , S ite 8General Mills Natu re Preserve
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
109
0.11 acres
VVaa ll ddee rrssCCtt
7920792079407940
79607960
79017901
7925792579557955
0 40 8020Feet
IBuffer Ma in te na nce , S ite 9Golden Mead ows Po nd
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
110
0.18 acres
Naper StNaper St GGeettttyyssbbuurrggCCtt0 30 6015Feet
IBuffer Ma in te na nce , S ite 1 0Golden Ridg e Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
111
1.06 acres
Golden Hills DrGolden Hills Dr
60756075
0 50 10025Feet
IBuffer Ma in te na nce , S ite 11Golden Hills Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
112
0.51 acresLLoouuiissiiaannaaAAvveeNNArcher Ave NArcher Ave N
Olympia StOlympia St
0 50 10025Feet
IBuffer Ma in te na nce , S ite 1 2Hampshire Pon d
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
113
0.67 acres
Sandburg RdSandburg Rd
71007100
0 40 8020Feet
IBuffer Ma in te na nce , S ite 1 3Madison Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
114
0.11 acres
41154115
99
0 30 6015Feet
IBuffer Ma in te na nce , S ite 1 4Meadow Lane Woo ds Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
115
0.33 acres
WW ee ssttbbeennddRRdd
MM iinn nnaaqquuaaDDrrTToolleeddoo
AA
vv
ee
N
N
2149214921102110
51295129
51255125
51015101
21072107
21502150
21152115
21212121
21202120
0 80 16040Feet
IBuffer Ma in te na nce , S ite 1 5Minnaqua Pond and Creek
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
116
1.1 acres
UU nniittyyAAvveeNNTToolleeddooAAvvee
NN
MM ii nn nn aa qquuaa DDrr
52185218
0 50 10025Feet
IBuffer Ma in te na nce , S ite 1 6Minnaqua Wetland
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
117
0.59 acres
Tyrol Tr
Tyrol Tr
WWeessttwwooooddDDrrSS
900900
816816
0 40 8020Feet
IBuffer Ma in te na nce , S ite 1 7North Tyrol Park
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
118
0.18 acres
31253125
31423142
31243124
0 40 8020Feet
IBuffer Ma in te na nce , S ite 1 8Perry Ave Po nd
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
119
1.09 acres
Regent Ave NRegent Ave NWWeessttbbeennddRRdd
SSccoottttAAvveeNN20212021
49814981
20312031
0 50 10025Feet
IBuffer Ma in te na nce , S ite 1 9Regent and Westbend
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
120
0.73 acres
HHaa mm ppttoonn RRddSSccoottttAAvvee
NN
26002600
26602660
0 50 10025Feet
IBuffer Ma in te na nce , S ite 2 0Scott Ave Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
121
1.67 acres SS cchhaa ppee rr RRdd
SSttaattee HHwwyy 5555
OOllssoonn MMeemmoorrii aa ll HH ww yyFF rroo nnttaaggeeRRdd631631
48414841
910910 49204920
49504950
48004800
0 150 30075Feet
IBuffer Ma in te na nce , S ite 2 1Schaper Park
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
122
0.36 acresAAllppiinneePPaassssTTyyrroollTTrr
13451345
13201320
13241324
0 40 8020Feet
IBuffer Ma in te na nce , S ite 2 2South Tyrol Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
123
0.41 acres
KK iinn gg CC rree eekkRRdd130130 135135
215215210210
150150 155155
0 60 12030Feet
IBuffer Ma in te na nce , S ite 2 3Sweeney Branch Streambank
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
124
0.23 acres
WWiinnnneettkkaaAAvveeNN440440
0 50 10025Feet
IBuffer Ma in te na nce , S ite 2 4Winnetka an d Hwy 55
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
125
2.19 acres XXeenniiaaAAvveeSSLa ure l AveLaurel Ave
300300
0 80 16040Feet
IBuffer Ma in te na nce , S ite 2 5Xenia Avenu e Pond an d Wetland
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
126
0.76 acresAAddaaiirrAAvv
ee
NN
Duluth LnDuluth Ln
WWoollffbbeerrrryy LLnn
Duluth StDuluth St
592059205930593059405940
58505850
60206020
5901590159255925
59555955
60056005
59205920
590059005950595060006000
18601860
6005600560156015
18801880
60006000 19101910
19211921 19201920
5801580158515851
0 120 24060Feet
IBuffer Ma in te na nce , S ite 2 6St C roix Trail
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
127
0.8 acres
DDoouuggllaassDDrrNN0 60 12030Feet
IBuffer Ma in te na nce , S ite 2 7Honeywell Pon d
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
128
0.07 acres
Paisley LnPaisley LnSki Hill R
d
Ski Hill R
d MMeeaannddeerrRRdd234234
220220
0 30 6015Feet
IBuffer Ma in te na nce , S ite 2 8Paisley Park Rain Garden
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
129
2.18 acres
SSttaattee HHwwyy 5555
0 150 30075Feet
IBuffer Ma in te na nce , S ite 2 9Brookview Pon ds N and O
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
130
1.23 acres
Medicine Lake RdMedicine Lake Rd
RRhhooddeeIIssllaannddAAvveeNN24002400
25102510
25202520
25302530
25402540
0 60 12030Feet
IBuffer Ma in te na nce , S ite 3 0The Liberty
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
131
0.28 acres
50015001
50505050
0 40 8020Feet
IBuffer Ma in te na nce , S ite 3 1Talo Pond
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
132
0.3 acres
BBrrooookkvviieewwPPkkwwyySS100100
0 50 10025Feet
IBuffer Ma in te na nce , S ite 3 2Brookview C ommun ity Center
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
133
0.4 acres BBrrooookkvviieewwPPkkwwyy
SS FFiieellddDDrrWW
aayy
zz
aa
tt
aa
BBllvvddIInntteerrssttaatteeHHwwyy339944
0 50 10025Feet
IBuffer Ma in te na nce , S ite 3 3Brookview D riving R ange
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
134
0.69 acres
Olympia StOlympia StMendelssohn Ave NMendelssohn Ave NIndependence Ave NIndependence Ave N94059405
15321532
1601160194509450
1605160516041604
16091609
16081608
1613161316121612
0 40 8020Feet
IBuffer Ma in te na nce , S ite 3 4Olympia Filtration Basin
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
135
0.21 acresGlenwood Ave
Glenwood AveGGeeoorrggiiaaAAvveeNN
65206520
200200
0 30 6015Feet
IBuffer Ma in te na nce , S ite 3 5Georgia Pon d
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
136
4.56 acres
Kelly DrKelly DrPP
ee
nn
nn
ssyyllvvaanniiaaAAvveeNNRR
hh
ooddeeIIssllaannddAAvveeNN22202220 21452145
22402240 21552155
23012301
24002400
2436243624142414
24582458
24762476248624862520252025642564
25002500
24002400
0 150 30075Feet
IBuffer Ma in te na nce , S ite 3 6DeCola Po nds B and C
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
137
0.57 acres
0 80 16040Feet
IBuffer Ma in te na nce , S ite 3 7Brookview Pon ds F and G
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
138
0.26 acres
Douglas Dr NDouglas Dr NOlympia StOlympia St
Wins da le StWinsdale St
63166316 63006300
63256325
63136313 63056305
15001500
14501450
14001400
0 50 10025Feet
IBuffer Ma in te na nce , S ite 3 86300 Winsdale St/6305 Olympia St
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
139
3.69 acres
PP
ee
nnnnssyyllvvaanniiaaAAvveeNN22002200
22202220
22402240
23012301
0 100 20050Feet
IBuffer Ma in te na nce , S ite 3 9Pennsylvania Wood s
Sources: Print Date: 12/20/2023-Hennepin County Surveyors Office for Property Lines (2023).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers.
140
EXHIBIT B
SPECIAL CONDITIONS
1. Pre-Construction Meeting. Prior to beginning Work, a pre-construction meeting shall be held, and shall
be attended by the authorized agents of the City and persons of the contracting company who will have direct
responsibility for labor, materials, and equipment used on the project. The meeting will disclose all significant
aspects for execution and schedule of the Work. Agreement on any and all questionable measurements,
materials, methods or other matters shall be established at this meeting. Contractor shall submit the following
at the pre-construction meeting:
A. Critical path phasing plan and schedule, which details all controlling operations. This shall be
submitted a minimum of three (3) days before the pre-construction meeting.
B. List of products, materials, and equipment to be used for execution of the Work.
C. General project contact information including certifications and emergency contacts.
D. Traffic Control plan.
2. Post-Construction Meeting. Upon completion of the Work, Contractor shall meet with the City’s
authorized agents and provide a written summary (.doc and PDF format) of work completed for each site. The
written summary shall include notable field observations and maintenance recommendations for the following
year.
3. Notification. Contractor shall notify the City’s authorized agent at least 24 hours in advance of
mobilization and performing Work for each site, and within 24 hours of completing Work for each site. The
Contractor shall notify the City within 24 hours after discovering bare or sparsely vegetated areas, fallen trees and
branches, obstructions limiting access, or other issues impacting the Work.
4. Use of Chemicals. It is the City’s policy to reduce the use of chemicals that have the potential to harm
or impact wildlife, the natural environment, and human health. Alternatives to chemicals, such as manual
removal methods, shall be given priority. If it is deemed necessary to use chemicals, the Contractor must obtain
written permission from the City’s authorized agent, and take all necessary precautions and measures to protect
the safety of human health and the environment while working. Contractor shall adhere to the following
guidelines whenever using chemicals at the site:
A. All chemicals shall be approved in writing by the City’s authorized agent prior to application.
B. Contractor shall follow all label instructions for pesticides. Pesticides include herbicides, insecticides,
fungicides and other products intended to prevent, destroy, repel or mitigate a pest and substances
intended for use as a plant regulator, defoliant, or desiccant.
C. Contractor shall not use products containing neonicotinoids.
D. Applicators shall be Minnesota Department of Agriculture (MDA) licensed pesticide applicators and
be trained in the proper techniques for handling and applying the chemicals used. For areas near
water resources, Contractor shall use chemicals that are approved for use near water and adhere to
all local, State, and Federal regulations. Contractor shall provide the City with records of applicable
training and certifications.
E. Contractor shall use the minimum effective rate of the chemicals required to achieve sufficient
efficacy against target species to promote successful long-term establishment of native vegetation.
F. Contractor shall avoid the use of chemicals within 24 hours prior to any rainfall or as otherwise
indicated in the manufacturer’s instructions, when wind speeds exceed the manufacturer
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instructions, or when the wind speed exceeds 10 miles per hour (MPH) if not otherwise specified by
the manufacturer, or as otherwise approved by the City’s authorized agent.
G. Contractor shall mark areas that are chemically treated with temporary signs approved by the City’s
authorized agent, and shall remove signage at the appropriate time according to manufacturer’s
instructions.
5. Disposal. Contractor may dispose of plant materials by hauling them to an appropriate waste facility or
by conducting a controlled burn. Before the movement of any invasive species, they must be rendered nonliving
and nonviable and/or packaged, transported, and disposed of in accordance with all local, State, and Federal
regulations. Contractor shall not conduct activities that spread invasive or noxious species and their seeds.
6. Erosion and Sediment Control. Contractor shall take all appropriate measures to prevent erosion and
sediment transport from work sites to adjacent water bodies, trails, and streets. Contractor shall notify the City’s
authorized agent of any temporary erosion and sediment control measures proposed prior to installation. The
Work will not be considered complete until all required vegetation is properly established, and all temporary
erosion and sediment control measures have been removed from the work sites. No additional compensation
will be considered for erosion and sediment control.
7. Integrated Plant Management (IPM). IPM is a combination of vegetation management techniques used
during the growing season. The goal of IPM is to remove invasive, noxious, or unwanted species to promote the
long-term establishment of native vegetation. The method of control varies by species, density, and site-specific
conditions. Contractor shall visit the work sites as necessary to develop an informed understanding of the sites
and successfully conduct various IPM tasks, as necessary on a site-by-site basis. IPM tasks may include but are
not limited to: hand pulling and cutting; complete site mowing; spot mowing; line trimming; spot burning; spot
treatment; and woody plant management including removal and stump treatment.
Woody plant management includes removal, and potential treatment, of opportunistic (volunteer) trees and
shrubs that sprout within the maintenance areas. Contractor shall remove all invasive and volunteer species as
part of IPM, as well as any species that are identified as Eradicate, Control, or Restricted Noxious Weed species
by the MDA, or that pose a threat to beneficial plant diversity or stormwater management objectives as
specified by the City.
All IPM techniques shall be paid at the same rate. Payment shall be made at the contract unit price for IPM for
each site, including all labor, materials, and equipment to complete the Work. Contractor shall follow the
chemical usage guidelines in this Exhibit B, Section 4, if chemicals are used during IPM. Mechanical techniques
shall be given priority over chemical techniques when considering methods. Chemicals must be approved by the
City’s authorized agent prior to use. All Work must comply with the procedures outlined in Minnesota
Department of Natural Resources (MnDNR) Operational Order 113.
8. Buckthorn Removal and Treatment. Buckthorn removal is part of IPM (woody plant management) and
shall be considered complete when all buckthorn has been removed, stumps have been treated, and all
remnants have been rendered non-viable within the Work areas. Acceptable methods of disposal include
bagging plants and removing all seeds, burning any remaining debris, or other methods as described in this
Exhibit B, Section 5, or as approved by the City’s authorized agent. Priority shall be given to mechanical means of
removal before using herbicide. If the buckthorn is less than 3/8 inches in diameter, the plants may be pulled by
hand. The buckthorn plant and roots shall be completely removed to prevent re-sprouting. For plants greater than
3/8 inches in diameter but less than 2 inches, Contractor shall use a hand tool that removes the entire plant, such
as an Uprooter, Root Talon, or approved equivalent. Contractor shall minimize soil disturbance to prevent
142
buckthorn seed germination, restore and compact disturbed soil to match surrounding grade, and secure
existing vegetation that has been uprooted or otherwise impacted during buckthorn plant removal.
If removal of individual buckthorn plants is infeasible, Contractor may, with written approval from the City’s
authorized agent, spray the foliage of buckthorn plants or seedlings with an approved herbicide.
Buckthorn plants that are greater than 2 inches in diameter shall be controlled by cutting the stem at the soil
surface, then covering or treating the stump with an herbicide approved by the City’s authorized agent to
prevent re-sprouting. Cutting may be performed using hand tools, chainsaws, or brush cutters. The root mass of
plants greater than 4 inches in diameter shall be ground down before treatment. All plant stumps shall be
chemically treated immediately after cutting (completed within 2 hours) using an herbicide approved by the
City’s authorized agent. Chemical control options include herbicides containing triclopyr (Garlon 3A/Vastlan,
Garlon 4, or other brush killers with triclopyr) or glyphosate to prevent re-sprouting. Oil-based products of
triclopyr ester (Garlon 4, Pathfinder II) may be applied when the temperature is below 32 degrees F. Contractor
shall follow the chemical usage guidelines in this Exhibit B, Section 4 if using chemicals during buckthorn removal
and treatment. All Work shall comply with the procedures outlined in MnDNR Operational Order 113.
9. Controlled Burns. A controlled burn is an important management tool to replicate the natural and
beneficial process of fire, promote the growth of native plants and control weeds. Contractor shall notify the City
at least four weeks in advance if it intends to conduct a controlled burn and must obtain prior written approval
from the City’s authorized agent and Fire Chief to conduct the controlled burn. Approximately two to three
weeks prior to the burn, the City will mail an advance notification letter to properties located within 500 feet of
the controlled burn limits. On the day of the controlled burn, Contractor shall attempt to notify all residents and
businesses adjacent to the planned burn limits by knocking on doors and providing informational door hangers
describing the burn process and potential temporary impacts, including but not limited to smoke production.
Before conducting a controlled burn, Contractor shall obtain all required permits and approvals from the MnDNR
and the City’s Fire Chief or their designee. Contractor shall notify the 911 Dispatch Center before and after the
controlled burn.
Controlled burns shall only be conducted by trained crews certified through the National Wildfire Coordinating
Group with a minimum of a S130 or S190 certificate or through the MnDNR Prescribed Burn Qualification track. At
least one supervisory staff member per crew must have active certification related to one of the above
programs, and provide records of qualifications to the City’s authorized agent.
To minimize risk to residents and property, controlled burns may only be conducted when:
• Fuel in the burn area is dry.
• Wind velocities are moderate, 5 - 15 MPH, in a direction that results in the least amount of smoke
impact to residents, businesses, buildings, and high-volume roadways.
• Humidity is 35% - 80%.
• Air temperature is 32° - 65° F.
Because of these variables, the exact timing may not be known until the day before or the day of the burn.
When conducting a controlled burn, Contractor shall target dense areas of invasive species. Contractor shall
avoid burning at least 25% of the buffer area to maintain it as a refuge area for wildlife. Contractor shall identify
and protect all existing infrastructure, trees, and shrubs in or near the controlled burn area.
143
All Work shall comply with the procedures outlined in MnDNR Operational Order 47 Prescribed Burning and the
MnDNR Prescribed Burn Handbook 2020 (March 2024 revision).
Controlled burns shall be paid at the contract unit price for each site and includes all labor, materials, and
equipment necessary to conduct the controlled burn.
10. Dormant Mows. A dormant mow helps to control annual weeds and allow desirable native species to
thrive. Dormant mows shall be conducted in early spring after prairie seeds have fallen and prior to undesirable
species producing seed. If undesirable species have produced seed, a mow shall not be conducted. Dormant
mows shall be paid at the contract unit price to mow each site and includes all labor, materials, and equipment
required to complete the dormant mow.
11. Native Vegetation Seeding (2575). If the native vegetation within a site is sparse, lacking adequate
coverage, or must be re-established or expanded, the Contractor may be directed to seed or inter-seed with a
native seed mix and temporary cover crop appropriate for the site. The seed mix must be approved in writing by
the City’s authorized agent prior to seeding. Seed mixes may include, but are not limited to, Minnesota
Department of Transportation (MnDOT) 33-261 Stormwater South & West, MnDOT 35-241 Mesic Prairie,
MnDOT 36-211 Woodland Edge South & West, or equivalent seed mixes per MnDOT Seeding Manual 2024, or
other similar seed mixes as directed by the City’s authorized agent.
Contractor shall properly prepare the seed bed prior to seeding in accordance with MnDOT specifications. Soil
disturbance shall be minimized to the extent feasible. Seed bed preparation may include but is not limited to
dragging, tilling, raking, topsoiling, disking, and installation of erosion control blanket as specified herein.
Contractor shall be solely responsible for repair of any seeded areas that wash out, erode, or fail to sufficiently
establish prior to the acceptance with no additional compensation.
Contractor shall install erosion control blankets on all seeded areas within the high-water level of water bodies,
and slopes 3:1 (H:V) or steeper. Erosion control blankets shall consist of natural net or biodegradable material,
with no synthetic netting. Any alternative product must be approved by the City’s authorized agent prior to use.
Straw mulch may be considered in areas where existing vegetation prevents the feasible use of erosion blanket,
subject to approval by the City’s authorized agent. Contractor shall install all erosion control blanket according
to MnDOT Specification 3885, fastened with biodegradable staples or approved alternate.
Contractor is responsible for successful establishment of the seed and shall replace all unsuccessful seeding until
adequate native vegetation is established, within the contract time. This includes watering the areas as
necessary and as directed by the City’s authorized agent to promote growth. Insufficient establishment shall be
defined as any spots, areas, or patches that have shorter, sparser, or otherwise limited establishment relative to
satisfactory areas. Contractor shall repair all areas that have insufficient establishment as directed by the City’s
authorized agent, within seven (7) days of being notified of insufficient growth. Vegetation establishment shall
be considered satisfactory when the site-specific goals for a site are achieved, as agreed upon between
Contractor and the City’s authorized agent. Satisfactory completion shall be verified in writing by the City’s
authorized agent.
Measurement and payment for Native Vegetation Seeding shall be made on an ACRE basis at the contract unit
price. Payment shall be compensation for all materials, labor, equipment, erosion control, and maintenance
necessary to complete the work as required by the City’s authorized agent. No additional payments will be made
for erosion control, multiple mobilizations or seeding costs to install or reseed areas that have failed to grow.
144
The Contractor shall not be paid twice for seeding the same area. Contractor shall provide seed tag and seed
invoice for verification prior to payment.
12. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all
requirements for the safety of the workforce to be employed on the project. Contractor shall comply with all
safety measures recommended and required by any governmental agency, including the Department of Labor
and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Worker’s Compensation Act and any amendments thereof. Attention is called to the other
paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor
shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the
City for implementing any additional requirements for safety concerns.
13. Locating Utilities. Prior to the Work, Contractor shall obtain field locations or other assistance as may be
required to determine the existence and location of gas mains and other private utilities, as well as, public
utilities of the City, County or State, which may be underground or overhead within public property, street and
highway rights-of-way or within easements and which may be interfered with by the Work. Contractor shall be
responsible for verifying all utility location by contacting Gopher State One-Call (651.454.0002). Contractor shall
also make such investigations as are necessary to determine the extent to which existing structures may
interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages
sustained by reason of the inaccuracy or the omission of any of the information given relative to the surface,
overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such
structures.
14. Mobilization. The mobilization shall be included in the base price in all aspects of Work and shall
include mobilization to all of the areas identified in the Site Location Maps herein at Exhibit A. No additional
compensation will be considered for mobilization.
15. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT
requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring
its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT
regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and
hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements
as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT
compliance upon request.
16. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays, unless approved in writing by the City’s authorized agent. The City may require Contractor to perform
Work at times other than those indicated if the City’s authorized agent deems it is in the best interest of the City
and its residents. No claims for extra compensation will be considered for complying with this requirement.
17. Noise Elimination. The Contractor shall eliminate noise to the maximum extent practicable at all times.
Air compressing equipment shall be equipped with silencers, and the exhausts of all gasoline motors or other
power equipment shall be provided with mufflers approved by the manufacturer.
18. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor’s equipment.
145
19. Traffic Control and Maintenance. Traffic control shall be included in the base price for all aspects of
Work and shall include any traffic control necessary to complete the Work. Contractor shall maintain traffic at all
times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control
Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the City’s authorized agent,
when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide all
construction signage and traffic control devices for the protection of persons, property and the Work.
Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City
must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to
Contractor or withheld from monies due. The Contractor shall be held responsible for all damage from failure to
protect the work zone. No additional compensation will be considered for traffic control.
20. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
A. Special Conditions in Exhibit A and this Exhibit B.
B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its
supplements.
C. Division I, 1512 (Unacceptable and Unauthorized Work) of the most current edition of the MnDOT
Standard Specifications for Construction and Supplemental Specifications shall apply, except as
modified or supplemented herein.
D. Division II (Construction Details) and Division III (Materials) of the most current edition of the
MnDOT Standard Specifications for Construction and Supplemental Specifications shall apply, except
as modified or supplemented herein.
E. ANSI A300 Manual.
21. Tree and Landscape Preservation. Contractor shall protect existing trees and shrubs that may be
impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping
of trunks and branches; smothering of root systems by stockpiling of construction materials or excavated materials
within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches
that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture
Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to
freshly cut branch ends immediately (within 10 minutes) after damage to prevent insect infestation and disease.
Contractor shall also notify the City’s authorized agent immediately of any damaged branches. When excavating
near trees, Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-½”
in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no
direct compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate
all such efforts with the City Forester. Standard excavation procedures may need to be modified for large trees
that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required
to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an
approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation
to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks
damaged by construction before July 1. Contractor shall coordinate all such work with the City Forester.
22. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated in
Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work.
The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount
budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be
considered. Contractor shall submit all final quantities to the City within thirty (30) days after completion of the
Work.
146
EXHIBIT C
PROPOSAL
The undersigned hereby certifies that an examination has been made of the scope and location of
work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other
means of construction and to furnish all materials specified in the manner and at the time prescribe;
and understands that the quantities of work shown herein are approximate only and are subject to
increase or decrease; and further understands all quantities of work, whether increased or decreased,
are to be performed at the following unit prices.
147
ITEM
NUMBER DESCRIPTION UNITS ESTIMATED
QUANTITY UNIT PRICE AMOUNT
INTEGRATED PLANT MANAGEMENT (IPM)
1 ADELINE NATURE AREA IPM EA 2 375.00$ 750.00$
2 BASSETT CREEK NATURE AREA IPM EA 2 3,000.00$ 6,000.00$
3 BASSETT CREEK & WINNETKA IPM EA 2 375.00$ 750.00$
4 BOONE AVE POND & BERM IPM EA 2 1,500.00$ 3,000.00$
5 BRIARWOOD NATURE AREA IPM EA 2 1,500.00$ 3,000.00$
6 BRIARWOOD-DAWNVIEW POND IPM EA 2 750.00$ 1,500.00$
7 BROOKVIEW PARK PONDS IPM EA 2 1,500.00$ 3,000.00$
8 GENERAL MILLS NATURE PRESERVE IPM EA 2 3,000.00$ 6,000.00$
9 GOLDEN MEADOWS POND IPM EA 2 375.00$ 750.00$
10 GOLDEN RIDGE POND IPM EA 2 375.00$ 750.00$
11 GOLDEN HILLS POND IPM EA 2 750.00$ 1,500.00$
12 HAMPSHIRE POND IPM EA 2 750.00$ 1,500.00$
13 MADISON POND IPM EA 2 750.00$ 1,500.00$
14 MEADOW LANE WOODS POND IPM EA 2 375.00$ 750.00$
15 MINNAQUA POND & CREEK IPM EA 2 750.00$ 1,500.00$
16 MINNAQUA WETLAND IPM EA 2 750.00$ 1,500.00$
17 NORTH TYROL PARK IPM EA 2 750.00$ 1,500.00$
18 PERRY AVE POND IPM EA 2 500.00$ 1,000.00$
19 REGEND & WESTBEND BUFFERS IPM EA 2 750.00$ 1,500.00$
20 SCOTT AVE POND IPM EA 2 750.00$ 1,500.00$
21 SCHAPER PARK IPM EA 2 750.00$ 1,500.00$
22 SOUTH TYROL POND IPM EA 2 375.00$ 750.00$
23 SWEENEY BRANCH STREAMBANK IPM EA 2 750.00$ 1,500.00$
24 WINNETKA AND HWY 55 IPM EA 2 375.00$ 750.00$
25 XENIA AVE POND & WETLAND IPM EA 2 1,500.00$ 3,000.00$
26 ST. CROIX TRAIL-STREAMBANK IPM EA 2 750.00$ 1,500.00$
27 HONEYWELL POND IPM EA 2 750.00$ 1,500.00$
28 PAISLEY PARK RAIN GARDEN IPM EA 2 375.00$ 750.00$
29 BROOKVIEW PONDS N AND O IPM EA 2 750.00$ 1,500.00$
30 THE LIBERTY BASIN IPM EA 2 1,500.00$ 3,000.00$
31 TALO POND IPM EA 2 500.00$ 1,000.00$
32 BROOKVIEW COMMUNITY CENTER IPM EA 2 500.00$ 1,000.00$
33 BROOKVIEW DRIVING RANGE IPM EA 2 500.00$ 1,000.00$
34 OLYMPIA FILTRATION BASIN IPM EA 2 750.00$ 1,500.00$
35 GEORGIA POND IPM EA 2 500.00$ 1,000.00$
36 DECOLA PONDS B AND C IPM EA 2 3,000.00$ 6,000.00$
37 BROOKVIEW PONDS F AND G IPM EA 2 500.00$ 1,000.00$
38 DOUGLAS DR POLLINATOR PLOTS IPM EA 2 500.00$ 1,000.00$
39 PENNSYLVANIA WOODS IPM EA 2 3,000.00$ 6,000.00$
IPM SUBTOTAL:74,500.00$
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ITEM
NUMBER DESCRIPTION UNITS ESTIMATED
QUANTITY UNIT PRICE AMOUNT
CONTROLLED BURNS
40 OLYMPIA FILTRATION BASIN (SITE 34)
- BURN EA 1 3,150.00$ 3,150.00$
BURN SUBTOTAL:3,150.00$
DORMANT MOWS
41 DOUGLAS DR POLLINATOR PLOTS (SITE 38)
- MOW
EA 1 450.00$ 450.00$
MOW SUBTOTAL:450.00$
NATIVE VEGETATION SEEDING
42 VARIOUS SITES - SEEDING AC 1.00 15,000.00$ 15,000.00$
SEEDING SUBTOTAL:15,000.00$
TOTAL:93,100.00$
149
EXECUTIVE SUMMARY
Finance
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
3E. Set Date for Proposed Property Tax Levy Payable 2025 and the 2025-2026 Budget (Truth-in-
Taxation) for December 3, 2024
Prepared By
Lyle Hodges, Finance Director
Summary
Staff recommends the City Council set Tuesday, December 3, 2024, at 6:30 p.m. for the budget and
levy public hearing.
M.S.275.065 requires the City adopt a proposed budget and levy and certify the proposed budget and
levy to the county auditor by September 30. The county auditor will use this information to prepare
and send parcel specific notices between November 11 and November 24.
The meeting date and time need to be announced at the time of the adoption of the preliminary levy
and budget.
Financial or Budget Considerations
The budget and levy are set for the following budget year with this process.
Legal Considerations
MN Statutes outline the process to approve a budget and levy.
Equity Considerations
The proposed budget strives to advance the equity goals of the City by funding infrastructure,
programs, and services that provide opportunities and resources for all. The process for adoption
includes the ability for any member of the public to provide feedback.
Recommended Action
Motion to set the date of the Truth-in-Taxation (Proposed Property Tax) public hearing for Tuesday,
December 3, 2024, at 6:30 p.m.
150
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 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 and
Resolution No. 24-054
Prepared By
Jacquelyn Kramer, Senior Planner
Darren Groth, Assistant Community Development Director
Summary
The request before you this evening is to close the public hearing for the Major PUD Amendment and
then vote on the application. Council opened and continued the public hearing on September 3, 2024.
Since September 3, no additional public comments were submitted.
Background
Lisa R Leutem Investments LLC and Mark Leutem Investments LLC (Applicants), the owners of the
Bassett Creek Medical Building located at 5851 Duluth St. in Golden Valley, are requesting a Major
PUD Amendment to add Assisted Living use to the property. 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 four 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.
2. Add pedestrian connection to Duluth Street and maintain the connection year-round. The city
trail west of the site connects to the Duluth Street sidewalk and the applicant submitted a snow
removal plan to ensure the trail connections are snow free all winter.
3. Provide updated snow maintenance plan. The applicant submitted a snow removal and storage
plan for staff’s review.
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4. 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.
Since the last condition recommended by the Planning Commission has been satisfied, staff
recommends keep only the remaining three conditions in the approving ordinance for this Major
Amendment.
Approval of the PUD amendment requires a simple majority of the City Council.
Financial or Budget Considerations
N/A
Legal Considerations
The City Attorney has not reviewed the ordinance; however, it was created using a League of
Minnesota Cities ordinance 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 close the public hearing.
Motion to approve the PUD amendment for Ordinance No. 785 amending PUD No. 1-A for the
property located at 5851 Duluth Street subject to the conditions listed in Section 2 of said
ordinance.
Motion to adopt Resolution No. 24-054 approving summary publication of Ordinance No. 785.
(This resolution requires a four-fifths vote of all members of the Council for approval.)
Supporting Documents
Ordinance No. 785 - Major PUD Amendment - 5851 Duluth Street
Resolution No. 24-054 - Approving Summary Publication of Ordinance No. 785
Planning Commission Staff Report and Attachments - 07-08-2024
Planning Commission Meeting Minutes - 07-08-2024
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ORDINANCE NO. 785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLDEN
VALLEY, HENNEPIN COUNTY, MINNESOTA, APPROVING A MAJOR
AMENDMENT TO PLANNED UNIT DEVELOPMENT (PUD) NUMBER 1-
A FOR THE BASSETT CREEK MEDICAL PUD
WHEREAS, the legal foundation for city land use ordinances in Minnesota is the 1965
Municipal Planning Act (Minn. Stat. §462.357–365) and its purpose is to provide municipalities
with the necessary powers, and a uniform procedure, for conducting and implementing municipal
planning; and
WHEREAS, Section 113-123 of the City of Golden Valley City Code governs Planned
Unit Developments (PUD) and PUD Amendments; and
WHEREAS,PUD 1-A was approved in 1972 to allow the construction of the building
and noted that all uses in the Multi-Family 1 (M-1) zoning district were permitted and the PUD
allowed for the “development of Offices Buildings, Accessory Parking, Open green Space and
other as specifically noted on the attached approved development plans;” and
WHEREAS,the intent and purpose of a PUD 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; and
WHEREAS,once a Final PUD plan is approved, the uses are limited to those approved
by the approved PUD ordinance for the site and by the conditions, if any, imposed by the City in
the approval process; and
WHEREAS,to amend an existing PUD, the proposal shall be consistent with the vision
and guidance in the Comprehensive Plan and the PUD as it was originally approved; and
WHEREAS,PUD 1-A notes that other uses may be permitted by amendment; and
WHEREAS, Lisa R Leutem Investments LLC and Mark Leutem Investments LLC,
owners of the Bassett Creek Medical Building located at 5851 Duluth St. in Golden Valley, are
requesting a Major PUD Amendment to add the use of Assisted Living to the property; and
WHEREAS, City Code currently does not define assisted living; however, per Minn.
Stat. §144G.08 Subd. 7, "Assisted living facility means a facility that provides sleeping
accommodations and assisted living services to one or more adults;” and
WHEREAS, City staff has reviewed the application, supporting materials, and relevant
laws, rules and regulations and determined that the requested PUD amendment meets the Intent
and Purpose provision of the City Code in that it is high quality and is compatible with the site
and surrounding properties; and
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; and
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WHEREAS, the City Council of the City of Golden Valley held a public hearing on
September 17, 2024, regarding the requested PUD Major Amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY,
MINNESOTA, DO ORDAIN AS FOLLOWS:
Section 1.Action. In accordance with City Code Chapter 113 - Zoning, Article III,
Division 3, Section, 113-123, City Council hereby amends the resolution and Use Permit
accepted and approved on February 4, 1974, for Bassett’s Creek Plaza Planned Unit
Development (PUD) Number One-A by approving a Major Amendment to PUD No. 1-A to
allow “Assisted Living Facility” as a permitted use, an expansion of the existing building, and to
include the additional conditions identified in Section 2 below. All other conditions or
restrictions contained in the PUD No. 1-A Use Permit shall remain, along with all requirements
in the underlying zoning district, which may be amended from time to time.
Section 2.Conditions. This Major PUD Amendment is subject to all the terms of the
permit to be issued including, but not limited to, the following three (3) conditions:
1.Provide pedestrian connections to the city trail from both the north and south
sides of the building.
2.Add a pedestrian connection to Duluth Street and maintain the connection year-
round.
3.Provide updated snow maintenance plan.
Section 3.Definition. The State’s definition of “Assisted Living Facility” in Minn. Stat.
§144G.08 Subd. 7, as may be amended from time to time, shall be used in conjunction with this
PUD Major Amendment, unless and until such time as the City of Golden Valley amends its
Zoning Code to define Assisted Living Facility.
Section 4.Legal Description. The tracts of land affected by this ordinance (collectively,
the “Properties”) are legally described as follows:
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 5.Effective Date. This ordinance becomes effective from and after its passage
and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY,
MINNESOTA ON THIS 17TH DAY OF SEPTEMBER, 2024
_____________________
Roslyn Harmon, Mayor
ATTESTED:
____________________________
Theresa J. Schyma, City Clerk
154
RESOLUTION NO. 24-054
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 785
WHEREAS, the City has adopted the above referenced amendment of the Golden
Valley City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense
of the publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for
official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY,
HENNEPIN COUNTY, MINNESOTA, APPROVING A MAJOR AMENDMENT TO
PLANNED UNIT DEVELOPMENT (PUD) NUMBER 1-A FOR THE BASSETT CREEK
MEDICAL PUD
This is a summary of the provisions of Ordinance No. 785 which has been approved for
publication by the City Council.
At the September 17, 2024 City Council meeting, the Golden Valley City Council
approved a PUD amendment for Ordinance No. 785 amending PUD No. 1-A for the
property located at 5851 Duluth Street subject to the conditions listed in Section 2 of said
ordinance. The full ordinance is available to the public at the City Clerk’s Office, 7800
Golden Valley Road during normal business hours and online at
www.goldenvalleymn.gov/code/.
Passed by the City Council of the City of Golden Valley, Minnesota on September 17,
2024.
____________________________
Roslyn Harmon, Mayor
Attested:
____________________
Theresa Schyma, City Clerk
155
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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3
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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4
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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5
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.
160
6
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
161
162
163
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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165
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 ARMON166
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 PLANA101167
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 & KITCHENETTEELEVATIONSA201168
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
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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.
170
171
172
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.
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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-
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175
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.
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177
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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.
4-179
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-
180
181
182
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.
183
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
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enc losure
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184
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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?
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H. palm~
i.~.....21.............~~~::k:..........................
1?~atsy?"M. Palmer
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a Ebeforel inspection must be obtained
this strtacture is occr 'ped«
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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
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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)188
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
189
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
190
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
191
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
192
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
193
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
194
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:
195
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
196
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.
197
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
198
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
4B. Public Hearing Regarding a Request for Approval of a Minor Subdivision ("Boerner Addition") at
6930 Olson Memorial Highway (PID # 3211821420029), Resolution No. 24-055
Prepared By
Jacquelyn Kramer, Senior Planner
Darren Groth, Assistant Community Development Director
Summary
The applicant, Nicholas Bialon, requests a minor subdivision ("Boerner Addition") to create two lots
from one existing lot for the property located at 6930 Olson Memorial Hwy (PID # 3211821420029).
The planning commission held an informal public hearing and voted unanimously to recommend
approval of the request with conditions. The conditions of approval are included in the attached
August 26, 2024, planning commission staff report. Comments received during the public hearing and
the commission’s discussion of the application are included in the attached draft meeting minutes
from the August 26, 2024, planning commission meeting.
The City has received three public comments via email since the opening of the public hearing on
August 26, 2024. The emails are attached this report as supporting documents.
Motion to approve the minor subdivision requires a simple majority of the City Council.
Financial or Budget Considerations
N/A
Legal Considerations
The City Attorney has reviewed and approved the title work for the minor subdivision.
The City Attorney has not reviewed the resolution; 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 August 26, 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
199
Motion to Adopt Resolution No. 055 approving the minor subdivision for property located at 6930
Olson Memorial Highway, subject to the findings and conditions in the August 26, 2024, planning
commission staff report.
Supporting Documents
Resolution No. 24-055 - Approval of Minor Subdivision
Public comments Submitted after August 26, 2024
Planning Commission Report Cover Page - 08-26-2024
Planning Commission Staff Report - 08-26-2024
Planning Commission Report Attachments - 08-26-2024
Planning Commission Meeting Minutes - 08-26-24
200
RESOLUTION NO. 24-055
RESOLUTION FOR APPROVAL OF THE FINAL PLAT
FOR BOERNER ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as BOERNER
ADDITION covering the following described tract of land:
Lot 1, Block 1, VARNER ADDITION, Hennepin County, Minnesota.
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 17
th day of September, 2024.
_____________________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
201
From:Darren Groth
To:Emily Goellner; Jacquelyn Kramer
Subject:Fwd: Division of 6930 Olson Memorial Highway into Two Lots
Date:Saturday, August 31, 2024 11:39:19 AM
Get Outlook for iOS
From: Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>
Sent: Saturday, August 31, 2024 8:38 AM
To: Noah Schuchman <NSchuchman@goldenvalleymn.gov>; Darren Groth
<dgroth@goldenvalleymn.gov>
Subject: Fwd: Division of 6930 Olson Memorial Highway into Two Lots
FYI
Gillian
Gillian Rosenquist
Golden Valley City Council Member
763-529-9279
She/her
From: Margaret Beegle <beeglem@comcast.net>
Sent: Friday, August 30, 2024 9:30 PM
To: Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>
Subject: Division of 6930 Olson Memorial Highway into Two Lots
EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
August 30, 2024
Dear Ms. Rosenquist:
I am concerned about the proposed division of 6930 Olson Memorial Highway into two lots,
which was approved by the City Planning Commission. It might look doable on a specs sheet
but it would involve a great deal of destruction of legacy oak trees and other flora as well as
disruption of animal habitat. By the way, early Golden Valley was centered in this area.
It would help if you could see the actual layout of the traffic circle and proposed lot division.
The circle is rather small, with seven driveways. The space already has trouble
accommodating garbage trucks and other large vehicles.
The owner of the existing house at 6930 Olson Memorial Highway converted it into a rental
property and five young people live there now. I have no criticisms whatsoever of the renters.
202
They are very nice people. However, they do drive a number of different cars that basically
outstrip the garage and driveway space available. I also worry about what the owner’s
intentions are for the second lot. He has not indicated what he plans to do with this lot but if he
builds another rental-type house, parking will be very problematic on our circle. In addition,
the owner has been slow to complete the current house renovation, which still features some
eyesores.
In terms of the natural setting, I know there are very old oak trees in our enclave because my
husband counted 230 rings on an oak that was taken down last winter.
Our area is categorized as Single Family dwellings but the new owner may add another rental
property as an investment. I support having some rental properties, group homes, and so forth,
but beyond a certain number we lose the character of being a neighborhood for families.
Thank you for your attention.
Sincerely,
Margaret R. Beegle
550 Varner Circle North
Golden Valley, MN 55427
beegle@Louberts.com
203
From:Darren Groth
To:Jacquelyn Kramer
Cc:Emily Goellner
Subject:FW: 6930 Olsen Memorial Highway subdivision
Date:Tuesday, September 3, 2024 12:59:13 PM
FYI, here’s a second one sent to CC.
Darren Groth, AICP, CPM
Asst. Comm. Dev. Director
763-593-8099
dgroth@goldenvalleymn.gov
Book time to meet with me
From: Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>
Sent: Sunday, September 1, 2024 7:16 PM
To: Noah Schuchman <NSchuchman@goldenvalleymn.gov>; Darren Groth
<dgroth@goldenvalleymn.gov>
Subject: Fwd: 6930 Olsen Memorial Highway subdivision
FYI
Gillian Rosenquist
Golden Valley City Council Member
763-529-9279
She/her
From: Stephen Bennett <slbennett@stkate.edu>
Sent: Sunday, September 1, 2024 6:58:49 PM
To: Roslyn Harmon <rharmon@goldenvalleymn.gov>; Maurice Harris
<MHarris@goldenvalleymn.gov>; Denise LaMere-Anderson <DLaMere-
Anderson@goldenvalleymn.gov>; Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>; Sophia
Ginis <SGinis@goldenvalleymn.gov>
Subject: 6930 Olsen Memorial Highway subdivision
EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
September 1, 2024
Mayor and Council members,
204
We are submitting this email to you regarding the proposed minor subdivision application for
6930 Olsen Memorial Highway (“Boerner Addition”).
We are unable to attend the September 3nd meeting that is slated to discuss and presumably
act upon this proposal. We had intended to attend the PREVIOUSLY scheduled meetings and
we altered vacation plans in order to do just that, only to have those meetings cancelled due
to the fact the applicant had not submitted all necessary documentation in time. Now we are
out of town because this is the week we rescheduled our vacation for.
PLEASE, as a general rule, could the council make certain in the future that all application
requirements are met before scheduling meetings that any concerned 2nd parties might want
to attend? It seems unfair that we and our neighbors were expected not once, not twice, but
three times to adjust our lives and calendars so we could participate only to find that the
inability of the applicant to act in a timely fashion and the ‘cart before the horse’ actions of
the council have caused us to miss a meeting we are quite concerned about.
We live at 540 Varner Circle and our property is directly adjacent to the lot in question. Our
opposition to this subdivision being approved is personal, as you might expect, but also heavy
with practical concerns regarding the wisdom of approving this application.
As a practical matter, the parking issues, as well as the service and maintenance vehicle access
is already stressed and problematic in this narrow cul-de-sac. Shoe-horning another structure
into this constricted street seems like trouble waiting to happen.
It is unknown what might eventually be built on the lot, but the track record of the new owner
does not instill confidence. The existing house was ‘remodeled’ after it was purchased from
the estate of the deceased owner, converting a true single family residence into a rental
property that now somehow accommodates 5 separate individual, automobile driving
occupants. The exterior of the property shows real evidence of unfinished workmanship and
there has been no effort on the part of the owner to rectify it over the course of these many,
many months. As testified to at the planning commission meeting, the remodel also left the
surrounding grounds in a state of continuing disrepair which is now exacerbated by the total
lack of yard maintenance on the portion of the property the tenants were told would be the
obligation of the owner.
All of which is to say, another similar example of ‘workmanship’, ‘maintenance’ and high
(automobile dependent) occupancy intentions for any structure that might be built there
would only be ill advised and detrimental to the community and existing neighborhood that
has long existed in this legacy region of Golden Valley.
As for the destruction of the several majestic trees that would, by necessity be felled for this
subdivision to occur, we more than heartily agree with the City Forester that was tasked with
205
doing a site survey on the property…..”It would be a real shame to lose them”.
Thank you for your consideration,
Steve and Harmony Bennett
540 Varner Circle
206
From:Darren Groth
To:Jacquelyn Kramer
Cc:Emily Goellner
Subject:FW: City Council Meeting SEPT 3 Subdivision Proposal
Date:Tuesday, September 3, 2024 3:50:40 PM
A third.
-Darren
From: Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>
Sent: Tuesday, September 3, 2024 3:40 PM
To: Noah Schuchman <NSchuchman@goldenvalleymn.gov>; Darren Groth
<dgroth@goldenvalleymn.gov>
Subject: Fwd: City Council Meeting SEPT 3 Subdivision Proposal
FYI
Gillian Rosenquist
Golden Valley City Council Member
763-529-9279
She/her
From: BStill <bwellstill@gmail.com>
Sent: Tuesday, September 3, 2024 3:20:37 PM
To: Roslyn Harmon <rharmon@goldenvalleymn.gov>; Maurice Harris
<MHarris@goldenvalleymn.gov>; Denise LaMere-Anderson <DLaMere-
Anderson@goldenvalleymn.gov>; Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>; Sophia
Ginis <SGinis@goldenvalleymn.gov>
Subject: City Council Meeting SEPT 3 Subdivision Proposal
EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good Afternoon Mayor and City Council Members,
I am writing in regards to the proposed minor subdivision of 6930 Olson
Memorial Highyway that you are discussing at this evening’s city council
meeting. I own the home at 521 Varner Circle which is directly across the
street from the property proposed to be split.
It is my understanding that the determination to approve the splitting of the
property comes down to checking the boxes that all requirements have been
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met, however to the Varner Circle Community there are additional concerns
beyond meeting basic requirements that have been established. I would ask
that you look beyond the boxes that need to be checked before you vote to
approve the splitting of this property, including a review of the current
approval process to split property without knowing what the property owner
intends to do with the additional lot. At this point there are a lot of “what-
if’s” that would be helpful for the residents of Varner Circle to understand.
What do the property owners intend to do with the lot- Build another
single family home and rent it out, or sell the land to a potential new
resident?
I fully understand that if the council votes to approve because on paper all of
the boxes are checked, it is then up to the property owners to do what they
want to do with the land, as they own it and they bought it as invesment
property, never to live or become part of this community. My concern with
either of the above scenarios leads to safety/parking issues if the owners
decide to build another home to rent to another five adults who all drive/own
cars similar to the ones that live in the current home, and currently park in
front the vacant property. Even if they sell the property to someone that
plans to build a new house the following concerns exist.
The Varner cul de sac currently has seven homes/seven drive ways in a
small area, and with the many additional cars that park in this small cul
de sac already, I’m concerned emergencies and how fire trucks or
ambulances could get through safely or easily to do what they need to
do when the garbage and recycling trucks are already struggling. When
the weekends and some evenings arrive, as do more cars making it
difficult to maneuver cars/trucks, trailers through this small space.
Additionally, there are multiple children and pets that need access to
the side of the street to ride bikes, play, walk, safely to the one outlet
we have onto the Olson Memorial Frontage Road.
I would encourage you look beyond what’s on paper to take 1 minute to drive
through the Varner culdesac to see it in person before you meet to vote as
it’s literally a two minute drive from city hall.
Additionally, the proposed property was purchased two years ago and the
existing home was updated, however it was never completed. It’s my
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understanding that when permits are granted, owners have 180 days to
complete the intended projects, yet there is still siding that needs to be
replaced from a window that was removed. The property that our home
looks onto has not been kept up and has been overtaken with weeds and
thistles not has the grass has not been mowed once this summer.
Meanwhile the tentants of the existing home hired a lawn service to take
care of the front and back half of the house. How can the property owners
build another rental home if they cannot finish the first one nor take care of
basic lawn maintenance? The proprty owner has a financial investment,
howevever has not shown any indication of caring for our community, nor the
residents or Golden Valley. The lack of keeping up the property
demonstrates a blatant disregard and disrespect for the neighbors of this
community. At the very least, the property owner should finish their siding
and demonstrate how to maintain th current property before granting any
approvals or seeking additional licenses.
I was drawn to Golden Valley after 24 years of city living DT Mpls and
searched for a long time to find and purchase this special home five years
ago. Golden Valley lured me here with it’s charm, strong sense of
community and the beauty of these well maintained properties that are
surrounded by the centuries old legacy trees, yet still so close to downtown.
Many of the homes were built around these amazing trees to preserve them,
including mine. It’s incredibly disheartening to learn that one of the boxes
that needs to be checked would only preserve 15% of the existing trees, and
to cram another house and driveway within the existing lot means that all of
the legacy trees will be destroyed.
While change is inevitable, it’s important that we hold onto the beauty that
surrounds us, including the rich history of the sacred Dakota people and
land. I am incredibly grateful and proud to know that Golden Valley honors
and respects the indignenous ancestors that lived here before us and it is my
hope that we demonstrate and honor them by doing something to preserve
the trees on this land and not just check a box.
My home has been my sanctuary and this circle has become my community,
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I made a huge investment buying my house and am fully invested in the
commuity where I live, work,spend my money and have planned to retire
here. The residents, community, trees, rolling hills and fauna make Golden
Valley incredibly special. It is my hope that you will look beyond the boxes
that need to be checked to review this process for approval and address the
concerns of the residents who actually live here to help make better future
decisions for those that are truly invested in this community and Golden
Valley.
Best Regards,
Blythe Stillwell
bwellstill@gmail.com
612.695.8350
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CITY OF GOLDEN VALLEY
PLANNING COMMISSION
AGENDA ITEM COVER PAGE
Date: August 26, 2024
Title: Minor Subdivision for the Boerner Addition
Attachments: 1) Staff Report with exhibits
Submitted By: Darren Groth, AICP, CPM, Asst. Comm. Dev. Director
Background:
Per Minn. Stats. §462.358, subd. 1a, the purpose of a subdivision is “To protect and promote the public
health, safety, and general welfare, to provide for the orderly, economic, and safe development of land,
to preserve agricultural lands, to promote the availability of housing affordable to persons and families of
all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage,
schools, parks, playgrounds, and other public services and facilities…” In keeping with Minn. Stats. §
462.358, subd. 1a, City Code Section 109-121 identifies the conditions for approval or denial of a minor
subdivision.
Like a zoning ordinance, a subdivision ordinance can be a powerful tool to help cities implement their
comprehensive plan. Subdivision ordinances may cover similar topics and are often confused with zoning
regulations. However, there are important differences between zoning regulation and subdivision
regulation. Subdivision and zoning ordinances are similar in that they seek to regulate private use of land.
Zoning regulations and subdivision regulations may both impose regulations as to lot size, location and
improvements. Subdivision is different from the more familiar zoning in that it usually is imposed at the
initial development phase of a project, whereas zoning is applicable through the development phase of a
subdivision and through the life of the completed subdivision.
In cities that contain certain natural resources such as lakes and rivers, or are in a floodplain, the
subdivision ordinance must also conform to the following state standards:
• Floodplain requirements: State law sets minimum requirements and standards for development
in flood plains. City subdivision ordinances must be consistent with state standards to preserve
the capacity of the floodplain to carry and discharge regional floods and minimize flood hazards.
• Wild and scenic rivers development requirements: Cities with shoreland located within the
Minnesota Wild and Scenic Rivers System are subject to additional state law restrictions when
developing a subdivision ordinance. Subdivision ordinances in these cities must comply with
minimum state standards set by the commissioner of Natural Resources.
• Shoreland development requirements: For cities that contain shoreland, state regulations control
the use and development of shorelands. City shoreland subdivision regulations must be at least as
restrictive as state standards and are subject to the review of the commissioner of Natural
Resources.
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CITY OF GOLDEN VALLEY
PLANNING COMMISSION
AGENDA ITEM COVER PAGE
Standard of Review:
When drafting and adopting a subdivision ordinance, cities have a lot of discretion in choosing their
language and setting design standards. When drafting and adopting a subdivision ordinance, the city is
said to be utilizing its legislative (or law-making) authority. When using its legislative authority,
the only limit on the City’s authority is that action must be constitutional, rational, and in some way
related to protecting the health, safety, and welfare of the public. This is known as the “rational basis
standard” and it is generally a relatively easy standard for cities to meet.
In contrast, when administering an existing subdivision ordinance by reviewing a preliminary or final plat
application, the city’s discretion is much more limited. Generally, when reviewing a subdivision
application, the city is no longer acting in its legislative capacity. When reviewing subdivision applications,
the City is exercising a quasi-judicial (judge-like) function. Rather than legislating for the broad
population, the city is deciding on an individual subdivision application regarding whether the application
meets the standards of the city ordinance.
In quasi-judicial circumstances, the city must follow the standards and requirements of the ordinance it
has adopted. If an application meets the requirements of the ordinance, generally it must be granted. If
an application is denied, the stated reasons for the denial must all relate to the applicant’s failure to
meet standards established in the ordinance. In sum, the city has a great deal of liberty to establish the
rules, but once established, the city is as equally bound by the rules as the public. In these situations, a
reviewing court will closely scrutinize the city’s decision to determine whether the city has provided a
legally and factually sufficient basis for denial of an application.
In quasi-judicial situations, due process and equal protection are the main reasons for the more stringent
scrutiny. Due process and equal protection under the law demand that similar applicants must be treated
uniformly by the city. The best process for ensuring similar treatment among applicants is to establish
standards in the ordinance and to provide that if standards are met, the subdivision application must be
granted. An application may generally only be denied for failure to meet the standards in city ordinances.
A reviewing court will overrule a quasi-judicial city subdivision decision if it determines that the decision
was arbitrary (failed to treat equally situated applicants equally or failed to follow ordinance
requirements).
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MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
Date: August 26, 2024
To: Golden Valley Planning Commission
From: Jacquelyn Kramer, Senior Planner
Subject: Minor Subdivision (“Boerner Addition”) at 6930 Olson Memorial Hwy
SUMMARY OF REQUEST
Nicholas Bialon requests a minor subdivision (“Boerner Addition”) to create two lots from one
existing lot for the property located at 6930 Olson Memorial Hwy (PID # 3211821420029).
RECOMMENDED MOTION
• “I move to recommend approval of the minor subdivision for property located at 6930 Olson
Memorial Highway, subject to the findings and conditions in the August 26, 2024, staff report
presented to the Planning Commission by Senior Planner Jacquelyn Kramer.”
MEETING DATES
Planning Commission: Monday, August 26, 2024
City Council: Tuesday, September 3, 2024
CASE INFORMATION
Applicant: Nicholas Bialon
Property Owner: Matt Boerner
Site Acreage: 0.54 acres
Application: Minor Subdivision
SUBJECT PROPERTY
General Location: 6930 Olson Memorial Highway
Parcel ID Number(s): 3211821420029
Future Land Use: Future Land Use Map (FLUM) designation as Low Density
Zoning: Single-Family Residential (R-1) Zoning District
Existing Use: Single-Family Residential (SFR)
Adjacent Properties: North – Designated LOW, zoned R-1, developed with SFR
South – Designated LOW, zoned R-1, developed with SFR
East – Designated LOW, zoned R-1, developed with SFR
West – Designated LOW, zoned R-1, developed with SFR
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MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
SITE IMAGE
2018 aerial photo (Hennepin County)
PUBLIC NOTIFICATIONS
As required by Golden Valley City Code Section 109-122, a notice of the hearing was mailed to
the owners of all property within 500 feet of the subject property at least 10 days prior to the
hearing date on August 12, 2024.
Per the City’s Neighborhood Notification Policy, the applicant prepared a mailing regarding the
proposal in order to provide information to residents and allow them time to give feedback to
staff prior to the public hearing. The applicant mailing was sent out to the same properties that
were notified for the hearing by the City.
MINOR SUBDIVISION ELIGIBILITY
In keeping with Minn. Stats. § 462.358, subd. 1a, which allows for the establishment of more than
one class of subdivision and more than one set of regulations, certain proposed land subdivisions
and consolidations may qualify for application under this division. For such applications, the
standards, requirements, and procedures cited herein shall supersede their subdivision
counterparts of this chapter.
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MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
Each of the following conditions must be met to establish eligibility:
1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded
registered land survey (RLS).
2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the
creation of four or fewer lots from one or more original parcels
3. The subdivision or consolidation shall not necessitate any additional public investment in
new roads or utilities to serve the lots.
Staff finds the request meets these three conditions to be considered a minor subdivision.
PROPOSED PLAN
Figure 1 - Proposed plan. The footprint of the proposed house on Lot 2 demonstrates the maximum building footprint
area. No building permits have been submitted for a new house at this site at the time of this report.
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MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING ANALYSIS
The applicant is seeking approval for a minor subdivision to create two lots from one existing lot.
The lots would exceed the dimensional requirements for the R-1 district as shown in the table
below:
R-1 Standards Lot 1 (existing home) Lot 2
Lot Size 10,000 sq. ft.* 13,577 ft. 10,052 sq. ft.
Lot Width (measured at setback) 80 ft. 95.5 ft 80 ft.
Front Setback 35 ft. 35ft 35 ft.
Side Setback 15 ft. 19.5 ft. 15 ft.
Rear Setback 25 ft. 25 ft. 25 ft.
Maximum Impervious 50% 18% 50%
Coverage Maximum 40% 9% 40%
*Per City Code Section 109-149, new lots must be a minimum of 15,000 sq. ft. if the average lot size within 250
feet is 18,000 sq. ft. or larger. The lots within 250 feet do not meet this requirement.
The new lot must adhere to the R-1 residential requirements outlined in the city code. There are
no plans for the new home on Lot 1 at this time, but any new construction will be required to
show compliance with all city code standards at the time of building permit.
A City Stormwater Management permit is required for the construction of a new single-family
home.
In reviewing this application, staff has examined the request in accordance with the standards
outlined in City Code Section 109-121, which provides the following eight (8) criteria for granting a
minor subdivision.
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of
the appropriate zoning district.
• The two proposed lots would meet the area and width requirements of the R-1 Single
Family Residential Zoning District.
2. A minor subdivision may be denied if the City Engineer determines that the lots are not
buildable.
• There is adequate space on the new lot for a home to be built in compliance with setback
requirements.
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MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
3. A minor subdivision may be denied if there are no sewer and water connections available
or if it is determined by the City Engineer that an undue strain will be placed on city utility
systems by the addition of the new lots.
• One additional set of sewer and water connections will be necessary.
• There is sufficient service capacity of city utility systems to serve the new lot.
4. Approval of the minor subdivision may require the granting of certain easements to the
city.
• The applicant has submitted a plan that includes standard lot perimeter drainage and
utility easements.
5. If public agencies other than the city have jurisdiction of the streets adjacent to the minor
subdivision, the agencies will be given the opportunities to comment.
• Not applicable.
6. The city may ask for review of title if required by the City Attorney for dedication of
certain easements.
• The applicant submitted title work for review and approval by the City Attorney.
7. The minor subdivision may be subject to park dedication requirements.
• A park dedication fee of 6% of the estimated land value with 50% credit for existing units
is required for this subdivision based on the finding that homeowners will benefit from
public parks and trails.
• The total amount charged for this subdivision is $5,340
8. The conditions spelled out shall provide the only basis for denial of a minor subdivision.
• Approval will be granted to any application that meets the established conditions.
• All conditions have been met.
Staff finds the request meets all criteria for granting a minor subdivision in accordance with the
purpose and all applicable standards, requirements, and procedures identified in Golden Valley
City Code Chapter 109.
217
MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
RECOMMENDATION
Staff recommends approval of the minor subdivision, subject to the findings in this report and the
following conditions:
1. Before the plat is recorded with the county, the applicant shall pay park dedication fees.
2. An updated tree preservation and inventory plan and landscape will be submitted for staff
approval prior to the issuance of building permits.
3. All necessary city permits will be obtained prior to the start of construction, including but
not limited to the building permit and stormwater management permit.
ATTACHED EXHIBITS
1. Location Map
2. Zoning Map
3. Project Narrative
4. Civil and Survey Plans (dated 12/18/2023)
5. Boerner Addition Preliminary Plat
6. Boerner Addition Final Plat
7. Park Dedication Fee Calculation
8. Plat Recording Requirements and Process
APPLICANT REQUIREMENTS
Per the attached Plat Recording Requirements and Process document, after a final plat is
approved by the City Council, the subdivider shall file it for recording with the Hennepin County
Recorder or the Registrar of Titles within 60 days of the date of the resolution approving the final
plat. If not filed within 60 days, the final plat shall be null and void unless an extension is given by
the Council.
When recording, request digital copies of the fully recorded final plat package be sent to the
Community Development Department at Planning@goldenvalleymn.gov. This is the proof of filing
that is necessary for the City to issue any building permits.
STAFF CONTACT INFORMATION
Prepared by: Reviewed and edited by:
Jacquelyn Kramer Darren Groth, AICP, CPM
Senior Planner Assistant Comm. Dev. Director
Jkramer@goldenvalleymn.gov dgroth@goldenvalleymn.gov
218
219
220
6930 Olson Memorial Highway Subdivision
Good afternoon,
This is the formal plans for the subdivision for the property 6930 Olson Memorial Highway,
Golden Valley, MN 55427. The plan is to subdivide the lot East to West and to keep the existing
structure in place and to either build a home on the north side of the existing lot/new proposed
lot or to sell to a developer/builder that will put a home/structure up to code with the city of
Golden Valley. Based on the city codes, minimums and subdivision requirements, this proposed
plan should not require any variances or special accommodations.
Please feel free to reach out with any questions or concerns.
221
222
223
224
225
226
227
228
TAG #SPECIES DIAMETER
(Inches)
HEIGHT
(Feet)CONDITION TYPE OF TREE
REMOVALS
TREE
YES/NOT
1 ASH 8 8 SIGNIFICANT TREE NO
2 PINE 6 8 SIGNIFICANT TREE NO
3 PINE 10 8 SIGNIFICANT TREE NO
4 OAK 21 8 HIGH PRIORITY TREE NO
5 ELM 9 8 SIGNIFICANT TREE YES
6 ELM 17 8 SIGNIFICANT TREE YES
7 OAK 24 8 HIGH PRIORITY TREE YES
8 OAK 24 8 HIGH PRIORITY TREE YES
9 OAK 18 8 SIGNIFICANT TREE YES
10 OAK 15 8 SIGNIFICANT TREE YES
11 OAK 20 8 HIGH PRIORITY TREE YES
12 OAK 24 8 HIGH PRIORITY TREE NO
13 ASH 14 8 SIGNIFICANT TREE NO
14 ASH 14 8 SIGNIFICANT TREE NO
15 ASH 14 8 SIGNIFICANT TREE NO
0 0
DEAD/DYING/NOT PROTECTED BY
ORDINANCE 0
10 10
SIGNIFICANT TREE 4
5 5 HIGH PRIORITY TREE 3
7 7 TOTAL DISTURBED 7
15 15 TOTAL TREES 15
47 47 %SAVED 47
229
PLANT SCHEDULE
DECIDUOUS TREES QTY COMMON NAME BOTANICAL NAME MATURE HEIGHT CALIPER
RB 2 RIVER BIRCH BETULA NIGRA 25 FT.2.5"
DECIDUOUS TREES QTY COMMON NAME BOTANICAL NAME MATURE HEIGHT CALIPER
HB 2 HACKBERRY CELTIS OCCIDENTALIS 30-50 FT.2.5"
DECIDUOUS TREES QTY COMMON NAME BOTANICAL NAME MATURE HEIGHT CALIPER
SWO 2 WHITE OAK QUERCUS BICOLOR 50-60 FT.2.5"
ORNAMENTAL TREES QTY COMMON NAME BOTANICAL NAME MATURE HEIGHT CALIPER
RM 4 RED MAPLE ACER 40-60 FT.2.5"
TOTAL 10
230
231
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233
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
1. CALL TO ORDER AND LAND ACKNOWLEDGEMENT
• Chair Ruby called the meeting to order at 6:30 p.m. and read the Land Acknowledgement
• Regular Members Present: Barnstorff, Brookins, Cohen, Ruby, Sicotte
• Regular Members Absent: Segelbaum, Van Oss
• Student Member, Status: VACANT
• Staff Members Present: Darren Groth, Assistant Comm. Dev. Director
Jacquelyn Kramer, Senior Planner
Christine Costello, Housing & Econ. Dev. Manager
• Council Member Present: NONE
2. CONSENT AGENDA: Brookins motioned to approve the consent agenda, as
presented. Barnstorff seconded.
Commission voted 5-0 to approve.
3. STAFF INTRODUCTION
• Groth introduced Jacquelyn Kramer, Senior Planner.
• Kramer gave a brief bio to the commissioners.
4. INFORMAL PUBLIC HEARING: Minor subdivision (Boerner Addition)
• Chair Ruby introduced this item and asked Kramer to present the staff report.
• Kramer presented the Minor Subdivision Application and staff report recommending approval with
conditions.
• Commissioner Questions
• Chair Ruby – Stated that Jacquelyn said there would be no cost to the city. How does the cut for the
driveway impact existing infrastructure?
• Jacqulyn Kramer- Stated when evaluating an application for minor subdivision eligibility, “will this
require new infrastructure” we are talking about new roads or new sewer lines not cutting a new
driveway.
• Applicant Presentation
• Applicant not present.
234
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
• Public Hearing Opened by Chair Ruby at 6:39 p.m.
• Steven Bennett (540 Varner Circle) lives next door to the proposed subdivision. Bennett opposes
subdivision due to concerns of what will eventually be built there. How can it move forward without
knowing that? Has additional concerns for parking on the cul-de-sac. Another concern is the
unfinished renovations to the existing home and if that will be a potential issue with any new
structure built on the newly created lot. Also has concerns about the trees on the newly created lot
being removed. He expressed concern that the applicant is out of state and lacks the sense of
community. Mr. Bennett had additional comments later in the public testimony portion regarding the
rescheduling of the meeting and the hardship it created and that he was not able to attend the City
Council meeting. He expressed that he didn’t believe it should have been moved because the
applicant was not prepared.
• Corby Harty (521 Varner Circle) lives across Varner Circle from the proposed subdivision. Opposes
the subdivision due to concerns about the congestion on Varner Circle. Expressed that parking is
already an issue and creates navigation issues in the cul-de-sac for waste haulers. He mentioned that
there would be several new young drivers in the residences of Varner Circle and is concerned for
their safety. Mr. Harty echoed Mr. Bennett’s concerns regarding the unfinished renovations at the
existing home.
• Blythe Stillwell (521 Varner Circle). Opposes the subdivision echoing the same concerns regarding
parking and commercial vehicle passage on the cul-de-sac. Also has concerns about the effect on
property values in the neighborhood. Stated that there are seven homes on the cul-de-sac and
currently there are 14 percent of them are rentals and if the new lot becomes another rental this will
increase the percentage to 25 percent on the cul-de-sac. Concerned that the property values may
decrease if the renters do not take care of the homes. Also echoed Mr. Bennett’s and Mr. Harty’s
concerns about the unfinished renovations on the existing home. She stated she moved to Golden
Valley for the trees and quiet environment and is afraid home values will go down, there will be loss
in the sense of community, and increased traffic issues.
• Marcy Weslock (555 Varner Circle) lives at the end of Varner Circle. Expressed concerns about the
loss of mature trees if the lot is developed. She is an engineer by training and concerned about the
significant tree cut on the lot. Would like to hear more about the tree plan.
• DeeAnn Meulpolder (525 Jersey Avenue North) lives directly behind the proposed lot.
• Meulpolder’s testimony was interrupted by storm warning sirens and a suspension of the meeting
while everyone sought shelter in the lower level of City Hall.
• Meeting Resumed
• Meulpolder was not able to stay and continue with her testimony.
235
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
• Kimberly Surbaugh (6810/6820 Olson Memorial Highway) owns the duplex next door to the subject
property. Opposes the subdivision. Expressed that there is already a parking issue in the area and
that the current rental home does not have adequate parking especially during the wintertime. It
has a steep driveway and forces tenants to look for parking options elsewhere. Had similar concerns
to others who spoke to maintenance issues at the existing home, the loss of mature trees, and the
increased problems created by more density in the area.
• Steve Tatzman (555 Varner Circle) lives at the end of Varner Circle. Opposes the subdivision. Has
concerns about the high inventory of multi-family and rental properties in the Schuler neighborhood.
Noted that there are at least five nursing or group homes already in the neighborhood as well as
condos.
• Commissioner Questions
• Chair Ruby asked how do we as a city control or what powers do we have to control what is built on
the new site beyond the requirement we have in terms of setbacks and height?
• Kramer stated that zoning prescribes the setbacks for the building, the building height, and how
much impervious coverage is allowed on a lot. The zoning code does not dictate whether a property
is a rental versus home ownership. It is outside the purview of what the zoning code can do. She also
reiterated for the purposes of this application the subdivision ordinance does not take into
consideration whether the proposal is a rental and down the road when building permits are
submitted, they must meet all the building codes.
• Chair Ruby asked if they do request a variance, that would go to the Board of Zoning Appeals (BZA)
for approvals? If they were to go outside of the requirements of the subdivision, they would have to
come back in front of the Planning Commission?
• Kramer confirmed that it would.
• Chair Ruby stated that he didn’t think the purview of this meeting is to focus on the existing
structure, but he does think it is important that if there are violations on the property that the City
should look at them. He expressed that he believed there are requirements in terms of the number
of driveway and garage space.
• Groth confirmed that with new single-family homes it requires two off street parking spaces and
depending on the lot width, a number of those that must be enclosed. He stated existing structures
or parking are not germane to a subdivision, but people may reach out to planning at 763-593-8095
or planning@goldenvalleymn.gov to address any issues with existing homes.
• Chair Ruby asked a clarifying question that if there are maintenance concerns can the city address
that separately?
• Kramer stated that she would follow up with the building inspectors on unfinished work that was
addressed in the public comments and see if there any citations that can be issued.
• Commissioner Brookins stated that with regards to parking brought up during public testimony that
we do have a winter parking ordinance and that if people see that this is being violated to call in and
report it to the City.
• Chair Ruby asked if we have the fire department or other appropriate people look at the proposal to
ensure that there is adequate space for larger vehicular maneuvering?
• Kramer confirmed that both fire staff and engineering look at all our applications.
236
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
• Chair Ruby asked if the City has any rules about how many driveways can be on a street? Is that not
under or purview and just based on the number of houses?
• Groth stated there are certain requirements for cul-de-sac length and the number of driveways
before it becomes a public road versus shared access. This has been addressed as this is an existing
plat. If there were any additional requirements needed this application would not meet the
requirements for a minor subdivision. It would fall under the regular subdivision process.
• Cohen brought up the question raised by several residents regarding how you can do a subdivision
when you do not even know what is going to be on the new lot. He asked that during the permitting
process when you decide to build is that when the issues come into play, you can’t build what you
want to build there, it doesn’t fit the site in terms of setbacks, etc.?
• Kramer stated that it was correct, the code language does not talk about or regulate the future build
or whether it is a rental or home ownership. These are addressed at building permit submittal and if
the home is being rented out it is addressed with a rental license process with the City.
• Chair Ruby stated a conversation piece was tree management. It was mentioned that the plans need
to be reviewed when they decide to build. He asked if someone could speak to the City’s
requirements, is it financial responsibility, is it planting additional trees on the property?
• Kramer stated that part of the requirement for any plat is a tree inventory or preservation plan. The
applicant has submitted one, but it needs some revisions. A condition of approval for this subdivision
is that the tree plan must be updated and pass staff approval before we issue any building permits.
Nothing can happen on the site until that plan is updated in accordance with our tree preservation
policy.
• Groth added that if this was an existing lot and they pulled permits for a new building we would get
a tree and landscape plan. It is a permitting requirement that 15 percent of the existing trees, if they
are significant or legacy trees, be retained. There is a mitigation opportunity on any new single-
family construction to plant three trees, at least one of them in the front yard.
• Chair Ruby asked can the city to emphasize the maintenance of the existing, older trees on the
property or is it up to the builder to determine what trees would go of that 15 percent?
• Groth stated it is an opportunity for the staff to review and for the staff to make suggestions.
Builders have reconfigured the lot or revised plans based off the preservation of a significant tree. As
far as ongoing maintenance it is a property rights issue, the landscape package that is approved, or
what happens with those trees long term.
• Chair Ruby asked can you speak again to the requirements for this land to be split to ensure that
everyone understands what requirements need to be met?
• Kramer stated the first thing we looked at was whether the application qualifies as a minor
subdivision. Is it part of an existing plat? Is it being subdivided into four or fewer lots? Will it
necessitate additional city infrastructure such as new roads, new water lines or sewer lines? This
application does meet all those eligibility requirements. Is the proposal going to be for a use allowed
in the zoning district it is in? It is a single-family residential, a house, not an apartment or a
commercial use. Is it meeting all engineering requirements for service capacity for city infrastructure,
are they showing the appropriate easements that we require? Has the city attorney had a chance to
review and approve the title? Which they have. Then calculating the park dedication fee, it is a little
over $5,000 for this property. Nothing can happen on the site until the plat is recorded and they
have paid the fees.
237
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
• Chair Ruby stated there was comment/question about zoning. It is a big conversation we have often
about when we are asked to switch the zoning of a certain area. We do not have time to go through
all of it. He asked if someone could speak to how that is discussed and how that is part of the
broader city plan?
• Groth stated that you must start with your city’s comprehensive plan. It sets out the vision, it gets
updated every 10 years and shows the various types of uses are identified within the city where they
would best be located. It looks at the synergy and compatibility of uses on specific parcels. Having
one type of possibly incompatible use, it still may be the best location for that use, based on certain
factors, in meeting the vision of the comprehensive plan. The implementation of the plan is the
zoning map and all the conditions of the map. The zoning map for this subdivision is R-1, it is mostly
single-family. The process to make a change to what uses can go in there is a rezone request. The
Board of Zoning Appeals cannot grant a variance for uses. It is a lengthy and detailed process based
on the ten-year comprehensive plan to make any changes to the allowed uses. For a subdivision is a
R-1 single-family residential zone you have a very high likelihood of knowing what can go in there
based on the land use chart that identifies the allowable uses.
• Chair Ruby encouraged anyone to contact city staff to walk you through the details. He had a
comment for staff, he will insure during the monthly meetings that do our best not to schedule a
meeting until all the I’s are dotted and the T’s are crossed so that we do not cancel meetings that
community members want to attend. It is not just about the applicant.
• Public Hearing Closed by Chair Ruby at 7:26 p.m.
• Steven Bennett, (540 Varner Circle) requested to address the commission again. Asked a general
question regarding tree regulations in the city. He stated that there is no way trees will not have to
be cut. Is there a seasonal regulation or restriction so that trees aren’t being cut during oak wilt
season? Relayed story of indiscriminate cutting happening on the applicant’s property.
• Chair Ruby responded it is a worthwhile question that will be made note of when discussed with the
applicant and that it is worthwhile talking to the environmental commission, utilizing their expertise
on the best management practices. He then asked for any comments from commissioners.
• Cohen stated that it is the classic “it fits all the requirements for a subdivision” in the role of the
planning commission. The only thing we can look at is does it meet the requirements. Recognizing
the points being brought up by the neighbors they are not necessarily a part of the deliberation base
on the rules that are followed by the planning commission. The points are great things to be taken to
the City Council either in person or by written or email communication that would be heard during
their deliberation of the subdivision at an upcoming meeting. The issue has come up before that we
do not know what will happen once the lot is subdivide. Unfortunately, the role of the commission
does not allow them to take it into account in their decision.
• Brookins stated it looks like there are some existing nonconformities on the existing property not
related to the subdivision of the property. He encouraged staff to look at if there is anything we can
hold against the property to rectify the issues on the several open building permits, encourage them
to be good neighbors. Encouraged neighbors to reach out to the city for the existing issues. He
stated he is comfortable approving the subdivision this knowing what is going in there and based
upon the time taken of the last years to ensure we have a good decision. He believes it will be a win-
win for the neighborhood. Most of the concerns that were heard were related to someone not
238
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
running a great rental property. The proposal checks all the boxes and will be a great addition to the
city.
• Sicotte asked Is there a way to codify or consider the size or age of existing trees and their mitigation
in a different way than is currently in the code? He stated the one for one approach may not be the
best.
• Chair Ruby stated that while not a part of this meeting can we talk to the City Council liaison to have
the Council discuss rental versus homestead. It is worth the city council looking at the issue. Chair
Ruby then asked about the issues brought up on the existing property, are there any requirements
that before you do business with the city that all the permits are closed?
• Groth stated that typically there is not. There are code provisions that may address this. It is hard to
hold up an action when a building permit is not required. We can review it before we do issue any
building permits.
• Brookins stated he would encourage staff to look at the requirements for rental licensing and to
move it up on the inspection list for the existing home.
• Cohen stated he would echo Commissioner Brookins comment that if this is not a good neighbor to
report it to the city. He encouraged residents to reach out to the City and they will help.
• Chair Ruby – Thanked the residents for their testimony and encouraged them to attend the Council
Meeting.
• Chair Ruby asked for a motion.
• Brookins moved to recommend approval of the Minor Subdivision for the property located at 6930
Olson Memorial Highway subject to the findings and conditions in the staff report.
• Cohen seconded.
• Commission voted 5-0 to recommend approval.
5. NEW BUSINESS:
• User Experience Framework Plan Presentation
• Chair Ruby introduced this item and asked Costello to present.
• Costello spoke briefly about the plan and turned the presentation over to the consulting team
helping the City on this project.
• The consulting team briefed the Commission on the User Experience Framework Plan.
• Planning Commission meeting schedule updates (2024/2025)
• Kramer sought direction from the Commissioner on various scheduling conflicts for the regular
meeting agenda.
• Commissioners agreed to review the regular meeting dates and come back with any conflicts.
6. COUNCIL LIASION REPORT: NONE
239
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, August 26, 2024 – 6:30 p.m. | City Hall Council Chamber
7800 Golden Valley Road Golden Valley, MN 55427
7. STAFF COMMENTS:
Groth commented on looking for a student representative for the upcoming year.
8. COMMISSIONER UPDATES:
• Cohen mentioned that he did not chair the last meeting, and the minutes should be updated.
• Chair Ruby gave kudos to Kramer for including details regarding the scope and purview of the
commission in her presentation. Those details were helpful to commissioners and the public.
9. ADJOURNMENT: Chair Ruby adjourned the meeting at 8:13 p.m.
Approved by:
Attest By: Commission Secretary
Darren Groth, AICP, CPM
Community Development Asst. Director
240
EXECUTIVE SUMMARY
Finance
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
6A. Public Input on Approving Resolution No. 24-056 to Adopt Proposed 2025-2026 Budget and
Proposed Tax Levies Payable in 2025 and Approving Resolution No. 24-057 Consenting to the
Proposed 2025 Housing and Redevelopment Authority Levy
Prepared By
Lyle Hodges, Finance Director
Summary
State law requires certification of a proposed budget and proposed tax levies no later than September
30, 2024. The final property tax levy payable in 2025, to be adopted by the City Council on December
3, 2024, can be less than this proposed levy, but not greater. The property tax levy, included as part of
the 2025-2026 Proposed Budget is currently $34,745,830. The General Fund levy portion is
$27,965,845 and the Bonded Debt Levy is $6,779,985. At the meeting City staff will make a short
presentation reviewing the Proposed 2025-2026 General Fund Budget and Proposed Tax Levies
Payable in 2024.
Financial or Budget Considerations
The supporting documents set the budget for 2025. The budget is a plan that will give departments a
guideline to conduct business.
Legal Considerations
Minnesota Statutes lay out the Truth in Taxation process.
Equity Considerations
The proposed budget strives to advance the equity goals of the City by funding infrastructure,
programs, and services that provide opportunities and resources for all. The process for adoption
includes the ability for any member of the public to provide feedback.
Recommended Action
Motion to adopt Resolution No. 24-056 for Proposed 2025-2026 Budget and Proposed Tax
Levies Payable in 2025.
Motion to adopt Resolution No. 24-057 for Proposed 2025 Housing and Redevelopment
Authority Proposed Tax Levy Payable in 2025.
Supporting Documents
Resolution No. 24-056 - Adopting Proposed 2025-2026 Budget and Proposed Tax Levies Payable
241
in 2025
Resolution No. 24-057 - Consenting to the 2025 Proposed Housing and Redevelopment Levy
2025 GF Presentation - Council Meeting
2025 GF Expenditure Summary
2025 GF Revenue Summary
242
RESOLUTION NO. 24-056
ADOPTING THE PROPOSED 2025-2026 BUDGET AND
PROPOSED TAX LEVY PAYABLE IN 2025
WHEREAS, State Law requires the certification of a proposed budget and
proposed tax levies no later than September 30, 2024; and
WHEREAS, the City Council has met and discussed the proposed budget and tax
levy; and
WHEREAS, the debt service levy as established in the bond documents for the
General Obligation Bonds, Series 2016C (B2822), the amount of $390,770.63 will not be
levied in 2025 due to the utilization of the franchise fees collected from gas and electric
utilities, and
WHEREAS, the debt service levy as established in the bond documents for the
General Obligation Bonds, Series 2017B (B2825A), the amount of $20,885.18 will not be
levied due to the utilization of the internal state aid monies.
NOW, THEREFORE, BE IT RESOLVED, that there is hereby levied upon all taxable
property located within the City of Golden Valley the following amounts:
General Tax Levy $27,965,845
Bonded Debt Levy:
Brookview Center 1,215,200
Street Improvement Bonds 5,564,785
TOTAL Tax Levy $34,745,830
BE IT FURTHER RESOLVED, the City Clerk shall certify to the Hennepin County
Auditor a copy of this resolution approving the property tax levies for collection in 2024 for
the City of Golden Valley.
BE IT FURTHER RESOLVED, that the proposed 2025 budget of the General Fund
is $31,785,700 and the proposed 2025 budget is approved in concept only.
BE IT FURTHER RESOLVED, that the City Council declares its intent to take all
necessary actions legally permissible to the submission and approval of the City’s budget
and property tax levies both proposed and final.
Adopted by the City Council of Golden Valley, Minnesota this 17th day of September,
2024.
Roslyn Harmon, Mayor
ATTEST:
Theresa Schyma, City Clerk
243
RESOLUTION NO. 24-057
CONSENTING TO THE 2025 PROPOSED
HOUSING AND REDEVELOPMENT LEVY
WHEREAS, The Golden Valley Housing and Redevelopment Authority
(the “HRA”) has authorities and powers according to MN Statutes, Section
469.033, subd. 6 provides that subject to the consent by the resolution of the
governing body of the city in and for which it was created, an authority may levy
upon all taxable property within the city for housing and redevelopment purposes,
and
WHEREAS, The HRA is requesting the City of Golden Valley to approve a
consent for the levy to fund the HRA Housing Program for the year payable
2025, and
WHEREAS, The City Council discussed the HRA levy and budget on
August 14, 2024 and
WHEREAS, The HRA levy is $319,181.
NOW, THEREFORE, BE IT RESOLVED, by the City of Golden Valley that
it approves and consents to certification of a 2025 tax levy in the amount of
$319,181 for housing and redevelopment purposes of the HRA.
Adopted by the City Council of Golden Valley, Minnesota this 17th day of
September, 2024.
Roslyn Harmon, Mayor
ATTEST:
Theresa Schyma, City Clerk
244
2025-2026 General
Fund Budget and
2025 Tax Levy
City Council Meeting
September 17, 2024
245
Tax Levy Summary
Levy Payable
2024
Proposed Levy
Payable 2025
Percent
Change
General Fund $26,778,525 $27,965,845 4.4%
Bonded Debt:
Street Improvement Bonds 5,129,305 5,564,785 8.5%
Brookview Community Center 1,214,600 1,215,200 0.1%
Debt Sub-Total 6,343,905 6,779,985 6.9%
TOTAL LEVY $33,122,430 $34,745,830 4.9%
246
Expenditure Category Updates
•Investments in:
•Employee Engagement and Training
•Targeted responses to employee survey led by the City Manager’s office
•Update costs and add training opportunities for more staff across several departments
•Update memberships to provide additional professional development opportunities
•Employee Compensation
•Implement results of the recently completed market analysis
•Increased Service Levels
•Add 0.5 Full-Time Equivalent (FTE) to prioritize building maintenance
•Add 1.0 FTE for IT technical help and responsiveness
•Add 2.0 FTE for full-time firefighters by decreasing budget for paid-on-call staffing
247
Expenditure Category Updates
•City infrastructure, planning, and responsiveness:
•Strategic planning
•Focus on organizational goal-setting and priorities
•Fellow program to engage and develop interest in government employment, create pathway
into the organization for future leaders
•Community development investments related to:
•Missing Middle study
•Economic Development Strategy
•Ordinance updates
•Right-size Public Works’ cost to provide services to the City and citizens
•Align budgets with inflationary costs for electric, gas, salt, and other commodities
•Phase out dependence on Hennepin County for public safety services and return to city
staffed public safety
248
Expenditure Categories
Salaries
44.9%
Fringes
15.7%
Operating Costs
24.4%
Vehicle Maint.
3.9%
Capital
0.3%
Transfers
10.3%
Contingencies
0.5%
2025 Proposed Budget
Salaries Fringes Operating Costs Vehicle Maint.
Capital Transfers Contingencies
Category 2024 Budget
2025 Proposed
Budget
$ Change
2024 to 2025
% Change
2024 to
2025
Capital 55,000 89,200 34,200 62.2%
Fleet Charges 1,140,640 1,239,478 98,838 8.7%
Fringes 4,840,120 4,990,204 150,084 3.1%
Operating Costs 7,400,115 7,771,432 371,317 5.0%
Salaries 13,299,815 14,270,385 970,570 7.3%
Transfers 3,375,000 3,275,000 (100,000) -3.0%
Contingencies - 150,000 150,000 100.0%
TOTAL 30,110,690 31,785,700 1,675,010 5.6%
249
Revenue Categories
Taxes
87.5%
Licenses
0.8%
Permits
5.5%
Public Safety
0.4%
Public Works
0.7%Parks and Rec
1.0%
Transfers In
2.8%
Other/Misc.
1.3%
2025 Proposed budget
Taxes Licenses Permits Public Safety Public Works Parks and Rec Transfers In Other/Misc.
2024 Budget
2025
Proposed
budget
$ Change
2024 to 2025
% Change
2024 to
2025
Taxes 26,613,525 27,800,845 1,187,320 4.5%
Licenses 238,805 253,925 15,120 6.3%
Permits 1,363,650 1,739,650 376,000 27.6%
Public Safety 113,190 139,150 25,960 22.9%
Public Works 198,625 207,300 8,675 4.4%
Parks and Rec 315,700 323,700 8,000 2.5%
Transfers In 895,000 895,000 - 0.0%
Other/Misc.372,195 426,130 53,935 14.5%
TOTAL 30,110,690 31,785,700 1,675,010 5.6%
250
Debt Amount by Type 2016-2023
0
10,000,000
20,000,000
30,000,000
40,000,000
50,000,000
60,000,000
70,000,000
80,000,000
90,000,000
100,000,000
2016 2017 2018 2019 2020 2021 2022 2023
Special Assessment Tax Increment Certificate of Indebtedness Tax Abatement
Street Reconstruction State Aid Street Utility Revenue Lease Revenue
251
Property Tax Information
•The needs of the city (levy) is divided into the taxable market value. This is
how the tax rate comes about. That tax rate is applied to your taxable
market value as determined by the County Assessor.
•The State of MN Sets the Homestead Credit limits – increased up to
$517,200 for taxes payable in 2025 and beyond.
•$440,000 median home receives $6,896 homestead credit. The tax rate of 1% is applied
to the lower taxable market value of $433,704. $433,704 X 57.449% X 1.0% = $2,491.59
•The State also sets Property Tax Rates
•Residential Values up to $500,000 are at 1%; after that it’s 1.25%
•Commercial Values are at 2%.
•46 other categories
252
Property Tax Information
0%10%20%30%40%50%60%70%80%90%100%
Pay 2021
Pay 2022
Pay 2023
Pay 2024
Pay 2025
41%
39%
37%
37%
59%
61%
63%
63%
Tax Capacity by Property Type
C/I Residential
37%63%
253
Property Tax Information
Tax Capacity 2024 2025
% increase
(decrease)
Commercial 15,638,363 15,716,488 0.50%
Industrial 9,256,120 9,378,362 1.32%
Apartments 7,513,814 6,986,639 -7.02%
Residential 35,337,116 36,403,806 3.02%
Personal Property 411,142 426,959 3.85%
254
Property Tax Information
2024 2025
Dollar
Change
Percent
Change
Median Home Value $423,800 $440,600 $16,800 3.96%
Estimated Property Tax $2,334 $2,492 $158 6.8%
255
Property Tax Relief Information
•Having a homestead classification may qualifyyour property for a Homestead Market
Value Exclusion or one of the following:
•Property Tax Refund
•Market Value Exclusion for Veterans with a Disability
•Special Homestead Classification for Property Owners who are Blind or Disabled
•Property Tax Deferral for Senior Citizens
•You may only have one homestead per married couple in the state of
Minnesota. Homesteads areadministered by counties.
256
2022 2023 2024 2024 2025 2025 2026
ACTUAL Actual Adopted Estimated Concept Proposed CONCEPT
001 COUNCIL
1001 COUNCIL 430,130$ 417,668$ 294,970$ 294,970$ 305,930$ 304,175$ 306,411$
1002 PEACE COMMISSION 267 3,022 5,100 5,100 5,200 5,200 5,200
1003 DIVERSITY EQUITY INCLUSION 1,566 2,452 5,300 5,300 5,400 5,400 5,400
1040 ENVIRONMENTAL COMMISSION - - 3,500 3,500 3,500 3,500 3,500
1050 PLANNING COMMISSION 1,398 143 3,805 3,805 3,805 3,805 3,805
1060 PARK & OPEN SPACE COMM 353 752 1,100 1,100 1,100 1,100 1,100
1070 BOARD OF ZONING APPEALS 633 86 1,145 1,145 1,145 1,145 1,145
1142 ELECTIONS (MOVED IN 2024) 64,621 27,570 - - - - -
TOTAL DIVISION (001)498,968 451,692 314,920 314,920 326,080 324,325 326,561
003 CITY MANAGER
1030 CITY MANAGER 1,293,470 1,450,087 401,740 401,740 417,710 725,152 698,506
TOTAL DIVISION (003)1,293,470 1,450,087 401,740 401,740 417,710 725,152 698,506
004 TRANSFERS OUT
1025 TRANSFERS OUT - 3,515,000 3,375,000 3,375,000 3,525,000 3,275,000 3,275,000
TOTAL DIVISION (004)- 3,515,000 3,375,000 3,375,000 3,525,000 3,275,000 3,275,000
005 FINANCE
1101 GENERAL SERVICES 839,125 886,274 923,770 923,770 954,500 682,157 712,665
1102 ACCOUNTING 414,286 441,919 534,030 534,030 565,360 548,509 577,215
1105 COMPUTER SERVICES 1,170,885 1,481,366 - - - - -
TOTAL DIVISION (005)2,424,296 2,809,560 1,457,800 1,457,800 1,519,860 1,230,666 1,289,880
006 LEGAL SERVICES
1121 LEGAL SERVICES 367,498 359,117 457,215 457,215 573,990 631,819 643,876
1122 CITY CLERK (MOVED IN 2024) - - 188,835 188,835 199,250 336,646 343,512
1123 ELECT & VOTER REG. (MOVED 2024)- 4,423 129,745 129,745 53,070 54,595 92,379
TOTAL DIVISION (006)367,498 363,540 775,795 775,795 826,310 1,023,060 1,079,766
007 RISK MANAGEMENT
1115 INSURANCE 277,610 341,320 380,000 380,000 400,000 400,000 400,000
TOTAL DIVISION (007)277,610 341,320 380,000 380,000 400,000 400,000 400,000
008 ADMINISTRATIVE SERVICES
1037 INFORMATION TECHNOLOGY - - 1,633,155 1,633,155 1,662,740 1,816,952 1,949,046
1038 HUMAN RESOURCES - - 501,380 501,380 478,415 754,577 748,167
1039 DIVERSITY, EQUITY AND INCLUSION - - 326,650 326,650 343,670 347,518 356,219
TOTAL DIVISION (008)- - 2,461,185 2,461,185 2,484,825 2,919,046 3,053,433
009 COMMUNICATIONS
1036 COMMUNICATIONS - 462,695 462,695 497,190 546,209 550,361
TOTAL DIVISION (009)- - 462,695 462,695 497,190 546,209 550,361
011 BUILDING OPERATIONS
1180 BUILDING OPERATIONS 911,886 912,871 992,560 992,560 1,013,935 1,099,082 1,099,082
TOTAL DIVISION (011)911,886 912,871 992,560 992,560 1,013,935 1,099,082 1,099,082
016 PLANNING
1166 PLANNING 392,458 417,771 523,380 523,380 541,080 746,207 778,564
TOTAL DIVISION (016)392,458 417,771 523,380 523,380 541,080 746,207 778,564
018 INSPECTIONS
1162 INSPECTIONS 884,310 948,516 1,015,405 1,015,405 1,049,195 1,023,751 1,054,734
TOTAL DIVISION (018)884,310 948,516 1,015,405 1,015,405 1,049,195 1,023,751 1,054,734
022 POLICE
1300 POLICE ADMINISTRATION 1,112,954 1,503,496 1,348,155 1,348,155 1,360,150 1,530,079 1,632,916
1320 POLICE OPERATIONS 4,713,862 4,588,857 7,045,405 7,045,405 6,960,265 6,490,968 6,669,762
1323 TOWARDS ZERO DEATHS 1,117 - - - - - -
TOTAL DIVISION (022)5,827,933 6,092,353 8,393,560 8,393,560 8,320,415 8,021,047 8,302,678
023 FIRE
1346 FIRE ADMINISTRATION 1,775,050 1,815,048 2,318,220 2,318,220 2,427,270 2,506,743 2,776,048
TOTAL DIVISION (023)1,775,050 1,815,048 2,318,220 2,318,220 2,427,270 2,506,743 2,776,048
035 COMMUNITY DEVELOPMENT
1400 COMMUNITY DEVELOPMENT 332,680 271,588 374,135 374,135 392,565 445,777 466,857
TOTAL DIVISION (035)332,680 271,588 374,135 374,135 392,565 445,777 466,857
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2025 - 2026 OPERATING BUDGET
257
2022 2023 2024 2024 2025 2025 2026
ACTUAL Actual Adopted Estimated Concept Proposed CONCEPT
/ PROGRAM
DIVISION
CITY OF GOLDEN VALLEY
2025 - 2026 OPERATING BUDGET
036 ENGINEERING
1420 GENERAL ENGINEERING 560,112 549,224 697,635 697,635 713,735 770,211 906,782
TOTAL DIVISION (036)560,112 549,224 697,635 697,635 713,735 770,211 906,782
037 STREETS
1440 STREET MAINTENANCE 1,950,782 2,117,227 2,292,745 2,292,745 2,364,505 2,393,524 2,523,547
1448 SNOW AND ICE CONTROL 288,100 299,930 286,430 286,430 296,530 297,150 324,161
1449 STREET LIGHTS 243,403 295,531 255,000 255,000 262,500 295,000 324,161
1450 TRAFFIC SIGNALS 28,647 47,659 59,500 59,500 62,750 65,500 71,750
TOTAL DIVISION (037)2,510,932 2,760,347 2,893,675 2,893,675 2,986,285 3,051,174 3,243,619
066 PARK AND REC ADMINISTRATION
1600 PARK AND REC ADM 948,660 932,327 1,084,010 1,084,010 1,118,140 1,096,097 1,138,388
TOTAL DIVISION (066)948,660 932,327 1,084,010 1,084,010 1,118,140 1,096,097 1,138,388
067 PARK MAINTENANCE
1620 PARK MAINTENANCE 1,207,422 1,357,806 1,439,510 1,439,510 1,496,960 1,603,848 1,663,013
1646 TREE MAINTENANCE 316,026 355,931 305,405 305,405 324,920 340,651 383,884
TOTAL DIVISION (067)1,523,448 1,713,737 1,744,915 1,744,915 1,821,880 1,944,499 2,046,897
068 PARK AND REC PROGRAMS
ADULT PROGRAMS:
1596 ADULT-ATHLETICS 15,126 13,364 12,740 12,740 14,740 14,756 14,772
1597 ADULT-SOFTBALL 27,304 23,361 34,625 34,625 38,700 38,513 38,839
1680 ADULT-PROGRAMS & EVENTS 19,848 21,488 30,415 30,415 30,415 31,031 31,048
TOTAL ADULT PROGRAMS 62,278 58,214 77,780 77,780 83,855 84,299 84,659
YOUTH PROGRAMS:
1660 YOUTH-SUMMER PLAYGROUND 57,407 79,667 88,560 88,560 91,880 92,538 95,314
1670 YOUTH-PROGRAMS & EVENTS 23,606 35,808 57,770 57,770 58,980 59,781 60,618
1673 YOUTH-ATHLETICS 41,151 29,265 53,085 53,085 54,235 80,266 81,379
1679 YOUTH-RINK SUPERVISION 25,742 17,397 28,690 28,690 29,550 29,931 31,064
TOTAL YOUTH PROGRAMS 147,906 162,137 228,105 228,105 234,645 262,516 268,376
SENIOR PROGRAMS:
1691 SENIOR-PROGRAMS & EVENTS 14,658 19,596 31,625 31,625 32,250 32,558 33,394
1694 SENIOR-TRIPS 30,439 29,060 56,200 56,200 56,200 56,200 56,200
TOTAL SENIOR PROGRAMS 45,097 48,656 87,825 87,825 88,450 88,758 89,594
RONALD B DAVIS COMM CTR:
1695 MEADOWBROOK COMM CTR 41,606 40,131 50,350 50,350 51,700 52,080 53,529
TOTAL RONALD B DAVIS COMM CTR 41,606 40,131 50,350 50,350 51,700 52,080 53,529
TOTAL DIVISION (068)296,887 309,137 444,060 444,060 458,650 487,654 496,158
099 CONTINGENCIES
1900 CONTINGENCIES - - - - - 150,000 150,000
TOTAL DIVISION (099)- - - - - 150,000 150,000
GENERAL FUND
TOTAL DIVISIONS 20,826,198$ 25,654,118$ 30,110,690$ 30,110,690$ 30,840,125$ 31,785,700$ 33,133,313$
258
2022 2023 2024 2024 % 2024 Est. 2025 2025 % Change 2026
Actual Actual Adopted Estimated vs. Budget Concept Proposed 2024 to 2025 Concept
AD VALOREM TAXES
4011 AD VALOREM TAXES 22,185,904 24,097,267 26,778,525 26,603,525 99.3% 27,566,499 27,965,845 4.4% 29,317,958
ALLOWANCE FOR ABATEMENTS/DEL - - (175,000) - 0.0% (175,000) (175,000) 0.0% (175,000)
LESS HOMESTEAD CREDIT - - 0.0% 0.0%
4014 HOMESTEAD CREDIT - - - 0.0% 0.0%
4012 PENALTIES & INTEREST 22,095 - 10,000 - 0.0% 10,000 10,000 0.0% 10,000
TOTAL AD VALOREM TAXES 22,207,999 24,097,267 26,613,525 26,603,525 0.0% 27,401,499 27,800,845 4.3% 29,152,958
LICENSES
4023 LICENSE-NEW/USED VEHICLES 5,200 5,600 400 4,000 1000.0% 400 4,000 900.0% 4,000
4025 LICENSE-TEMPORARY LIQUOR 300 600 200 500 250.0% 200 500 150.0% 500
4026 LICENSE-WINE ON/SALES 15,333 4,000 14,000 10,000 71.4% 14,000 14,000 0.0% 14,000
4027 LICENSE-LIQUOR ON/SALE 96,600 80,000 96,600 96,600 100.0% 96,600 96,600 0.0% 96,600
4028 LICENSE-LIQUOR OFF SALE 1,000 600 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000
4029 LICENSE-NONINTOX ON SALE 3,000 1,000 3,000 3,000 100.0% 3,000 3,000 0.0% 3,000
4030 LICENSE-NONINTOX OFF SALE 600 600 600 600 100.0% 600 600 0.0% 600
4031 LICENSE-SUNDAY LIQUOR 2,700 2,000 2,700 2,700 100.0% 2,700 2,700 0.0% 2,700
4033 LICENSE-CIGARETTE 4,500 4,500 4,050 4,500 111.1% 4,050 4,500 11.1% 4,500
4034 LICENSE-DOG (KENNEL) - - 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000
4038 LICENSE-GARBAGE COLLECTORS 4,700 10,800 4,700 4,700 100.0% 4,700 4,700 0.0% 4,700
4041 LICENSE-PEDDLER/SOLICITOR 450 1,770 180 1,500 833.3% 180 1,500 733.3% 1,500
4044 LICENSE-GAS STATION 3,500 3,575 3,350 3,350 100.0% 3,350 3,350 0.0% 3,350
4046 LICENSE-APARTMENT 93,544 102,763 90,000 97,500 108.3% 90,000 97,500 8.3% 97,500
4048 LICENSE-AMUSE DEVIC 250 - 250 250 100.0% 250 250 0.0% 250
4052 LICENSE-HEATING 12,900 13,275 12,575 12,575 100.0% 12,575 12,575 0.0% 12,575
4058 LICENSE-MASSAGE 4,300 6,700 3,700 5,000 135.1% 3,700 5,000 135.1% 5,000
4059 LICENCE-CHICKEN COOP/RUN 325 425 250 400 160.0% 250 400 60.0% 400
4060 LICENSE-THC 900 550 250 750 300.0% 250 750 200.0% 750
TOTAL LICENSES 250,102 238,758 238,805 249,925 103.1% 238,805 253,925 7.9% 253,925
PERMITS
4101 PERMIT-BUILDING 908,124 2,204,461 1,000,000 1,250,000 125.0% 1,000,000 1,250,000 25.0% 1,250,000
4102 PERMIT-PLUMBING 107,629 151,842 60,000 85,000 141.7% 60,000 85,000 41.7% 85,000
4103 PERMIT-SEWER 21,050 29,100 5,000 20,000 400.0% 5,000 20,000 300.0% 20,000
4104 PERMIT-HEATING 307,624 309,945 150,000 200,000 133.3% 150,000 200,000 33.3% 200,000
4105 PERMIT-WATER 1,850 3,300 1,800 1,800 100.0% 1,800 1,800 0.0% 1,800
4107 PERMIT-STREET EXCAVATING 55,733 94,704 28,000 50,000 178.6% 28,000 50,000 78.6% 50,000
4108 PERMIT-FIRE 38,271 31,545 20,000 35,000 175.0% 20,000 20,000 0.0% 20,000
4109 PERMIT-BILLBOARD 4,700 4,410 3,000 6,000 200.0% 3,000 3,000 0.0% 3,000
4114 PERMIT-TEMPORARY OCCUPENCY 300 1,200 - - 0.0% - - 0.0%
4115 PERMIT-REFUNDS(20%) (3,663) 980 500 500 100.0% 500 500 0.0% 500
4116 PERMIT-GRADING/DRAINAGE/EROSI 12,100 8,930 6,000 8,000 133.3% 6,000 8,000 33.3% 8,000
4117 PERMIT-TREE PRESERVATION 6,000 3,700 1,200 1,200 100.0% 1,200 1,200 0.0% 1,200
4118 PERMIT-EASEMENT - 1,000 - - 0.0% - - 0.0%
4119 PERMIT-ELECTRICAL 102,944 149,880 75,000 100,000 133.3% 75,000 75,000 0.0% 75,000
4120 PERMIT-FIREWORKS 100 300 100 100 100.0% 100 100 0.0% 100
4121 PERMIT-SPECIAL EVENTS 125 100 50 50 100.0% 50 50 0.0% 50
4122 ELECTRIC DOCUMENTATION FEE 29,244 28,866 13,000 25,000 192.3% 13,000 25,000 92.3% 25,000
TOTAL PERMITS 1,592,131 3,024,263 1,363,650 1,782,650 137.9% 1,363,650 1,739,650 27.6% 1,739,650
FEDERAL GRANTS (1)
4137 ARPA GRANT 125,000 60,000 - - 0.0% - - 0.0% -
4137 CARES MONIES - - - - 0.0% - - 0.0% -
4137 CARES MONIES-HENN CTY - - - - 0.0% - - 0.0% -
4131 FEMA GRANT - - - - 0.0% - - 0.0% -
4132 FED VEST PROGRAM - 3,434 - - 0.0% - - 0.0% -
4132.3 SAFE AND SOBER - - - - 0.0% - - 0.0% -
TOTAL FEDERAL GRANTS 125,000 63,434 - - 0.0% - - 0.0% -
STATE AID/GRANTS (1)
4146 ENERGY SECURITY GRANT - - - 0.0% - - 0.0% -
4149 LOCAL PERFORMANCE AID - - - - 0.0% - - 0.0% -
4150 FIRE POST BOARD TRAINING GRANT 425 25,915 16,000 32,000 200.0% 16,000 25,000 56.3% 25,000
4151 STATE AID - - - - 0.0% - - 0.0% -
4152 LOCAL GOVERNMENT AID (LGA) - - - - 0.0% - - 0.0% -
4153 POLICE TRAINING 20,697 977,343 16,000 - 0.0% 16,000 16,000 0.0% 16,000
4153.1 TOWARDS ZERO DEATHS (TZD) 1,991 - 3,000 - 0.0% 3,000 3,000 0.0% 3,000
4153.6 VEST REIMBURSEMENT GRANT 4,970 - - - 0.0% - - 0.0% -
TOTAL STATE GRANTS 28,083 1,003,258 35,000 32,000 91.4% 35,000 44,000 20.5% 44,000
COUNTY AID/GRANTS (1)
4173 OTHER COUNTY GRANTS 1,000 3,750 4,280 4,280 100.0% 15,000 4,280 0.0% 4,280
TOTAL COUNTY GRANTS 1,000 3,750 4,280 4,280 100.0% 15,000 4,280 0.0% 4,280
City of Golden Valley
Proposed 2025 - 2026 General Fund Revenue Report
259
2022 2023 2024 2024 % 2024 Est. 2025 2025 % Change 2026
Actual Actual Adopted Estimated vs. Budget Concept Proposed 2024 to 2025 Concept
City of Golden Valley
Proposed 2025 - 2026 General Fund Revenue Report
GENERAL GOVERNMENT
4191 CERTIFICATION FEE 13,260 13,630 7,500 13,250 176.7% 7,500 13,250 76.7% 13,250
4174 OTHER GOVT UNITS - - - - 0.0% - - 0.0% -
4194 ADMIN LIQUOR LICENSE - - - - 0.0% - - 0.0% -
4196 GENERAL GOVT-GEN SER 1,930 (6,419) 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000
4197 FILING FEES 50 25 15 15 100.0% - - -100.0% -
4200 LIQUOR LICENSE CHECKING 3,150 5,900 2,300 2,500 108.7% 2,300 2,500 8.7% 2,500
4203 COPY/MAILING FEES - 9 - - 0.0% - - 0.0%
4204 DOMESTIC PARTNERSHIP REG - 120 - - 0.0% - - 0.0%
4206 CITY T-SHIRTS - - - - 0.0% - - 0.0%
4207 LEGAL FEES 105 - - - 0.0% - - 0.0%
TOTAL GENERAL GOVERMENT 18,495 13,265 10,815 16,765 155.0% 10,800 16,750 54.9% 16,750
PUBLIC SAFETY
4226 BRECK TRAFFIC CONTROL 30,620 33,654 30,000 34,000 113.3% 30,000 35,000 16.7% 35,500
4228 ALARM ORDINANCE VIOLATION 9,028 5,700 3,700 3,700 100.0% 3,700 5,000 35.1% 5,000
4229 SECURITY SERVICES (209) - - - 0.0% - - 0.0% -
4230 POLICE DEPT CHARGES 6,159 3,710 1,000 0.0% - 1,000 0.0% 1,000
SCHOOL RESOURCE OFFICER-281 - 0.0% - - 0.0% -
4231 FIRE DEPT CHARGES 582 2,150 850 850 100.0% 850 850 0.0% 850
4232 ANIMAL IMPOUND FEES 332 290 200 500 250.0% 200 500 150.0% 500
4233 ACCIDENT REPORTS - - - - 0.0% - - 0.0% -
4237 NUISANCE VIOLATION (300) 650 - - 0.0% - - 0.0% -
4239 ANIMAL IMPOUND CONTRACT-RO 2,480 2,194 1,800 2,000 111.1% 1,800 1,800 0.0% 1,800
TOTAL PUBLIC SAFETY 48,692 48,348 36,550 42,050 115.0% 36,550 44,150 20.8% 44,650
PUBLIC WORKS/COMMUNNITY DEVELOPMENT
4251 CHGS FOR STREET DEPT 2,135 11,477 - - - - 0.0% -
4253 CHGS FOR PARK DEPT 3,147 19,560 - - - - 0.0% -
4254 WEED CUTTING 1,125 1,125 1,125 1,750 155.6% 1,125 1,800 60.0% 1,800
4255 STREET LIGHT MAINT CHGS 193,357 179,331 175,000 175,000 100.0% 175,000 175,000 0.0% 175,000
4256 CHGS FOR ENGINEERING (2,392) (54,599) - - 0.0% - - 0.0% -
4257 HOMESTUDY PROGRAM - 15,000 - 0.0% - 15,000 0.0% 15,000
4258 PLANNING & ZONING FEES 14,270 22,500 7,500 15,000 200.0% 7,500 15,000 100.0% 15,000
4262 CHARGING STATION-CITY HALL 425 904 - 500 0.0% - 500 0.0% 500
TOTAL PUBLIC WORKS 212,067 180,298 198,625 192,250 96.8% 183,625 207,300 4.4% 207,300
PARK & RECREATION
4305 MISC INCOME-BROOKVIEW 61 - 1,000 - 0.0% 1,000 1,000 0.0% 1,000
4307 PICNIC SHELTER RENTAL 38,880 31,868 22,000 32,000 145.5% 22,000 30,000 36.4% 22,000
4308 LIQUOR PERMIT-BV 1,350 1,250 500 500 100.0% 500 500 0.0% 500
4309 ATHLETIC FACILITY RENTALS 9,274 31,793 45,000 45,000 100.0% 45,000 45,000 0.0% 45,000
4311 MEADOWBROOK RENTAL 13,428 17,230 28,000 28,000 100.0% 28,000 28,000 0.0% 28,000
4311 MEADOWBROOK PROGRAMS 10,485 11,911 8,000 8,000 100.0% 8,000 8,000 0.0% 8,000
4314 FINANICAL ASSISTANCE (120) (162) (1,500) - 0.0% (1,500) (1,500) 0.0% (1,500)
4315 FOOD TRUCK PERMITS 2,070 1,070 1,500 1,500 100.0% 1,500 1,500 0.0% 1,500
4316 SPONSORSHIPS 500 - 1,200 - 0.0% 1,200 1,200 0.0% 1,200
4317 GV LOGO CLOTHING 1,919 1,633 1,000 750 75.0% 1,000 1,000 0.0% 1,000
4325 ADULT-ATHLETICS 15,250 19,459 19,000 19,000 100.0% 19,000 19,000 0.0% 19,000
4325 ADULT SOFTBALL 32,100 31,075 38,000 38,000 100.0% 38,000 38,000 0.0% 38,000
4325 ADULT-PROGRAMS & EVENTS 21,904 20,445 35,000 35,000 100.0% 35,000 35,000 0.0% 35,000
4355 YOUTH-ATHLETICS 35,368 42,240 35,000 35,000 100.0% 35,000 35,000 0.0% 35,000
4355 YOUTH-SUMMER PLAYGROUND 33,208 34,661 10,000 10,000 100.0% 10,000 10,000 0.0% 10,000
4355 YOUTH-PROGRAM & EVENTS 28,916 32,907 45,000 45,000 100.0% 45,000 45,000 0.0% 45,000
4389 FIELD MAINTENANCE FEES 17,000 12,956 12,000 12,000 100.0% 12,000 12,000 0.0% 12,000
4405 SENIOR-PROGRAMS & EVENTS 4,257 1,707 4,500 4,500 100.0% 4,500 4,500 0.0% 4,500
4405 SENIOR-TRIPS 32,019 33,585 10,500 10,500 100.0% 10,500 10,500 0.0% 10,500
TOTAL PARK AND RECREATION 297,869 325,627 315,700 324,750 102.9% 315,700 323,700 2.5% 315,700
OTHER FUNDS
4433 CHGS TO CONSTRUCTION FUND 103,013 110,647 125,000 125,000 100.0% 125,000 125,000 0.0% 125,000
4434 CHGS TO UTILITY FUND 275,000 300,000 300,000 300,000 100.0% 300,000 300,000 0.0% 300,000
4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 100.0% 85,000 85,000 0.0% 85,000
4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 100.0% 30,000 30,000 0.0% 30,000
4437 CHGS TO RECY FUND 75,000 75,000 75,000 75,000 100.0% 75,000 75,000 0.0% 75,000
4438 CHGS TO CEMETARY FUND 200 1,000 - - 0.0% - - 0.0%
4439 HRA TRANS-ADMIN - - - - 0.0% - - 0.0%
4440 CHGS TO STORM UTILITY FUND 200,000 250,000 250,000 250,000 100.0% 250,000 250,000 0.0% 250,000
TOTAL OTHER FUNDS 768,213 851,647 865,000 865,000 100.0% 865,000 865,000 0.0% 865,000
FINES & FORFEITURES
4155.1 DWI VEHICLE FORFEITURES - - - - - 0.0% -
4155 COURT FINES & FORFEITURES 81,852 91,747 76,640 95,000 124.0% 76,640 95,000 24.0% 95,000
TOTAL FINES & FORFEITURES 81,852 91,747 76,640 95,000 124.0% 76,640 95,000 24.0% 95,000
260
2022 2023 2024 2024 % 2024 Est. 2025 2025 % Change 2026
Actual Actual Adopted Estimated vs. Budget Concept Proposed 2024 to 2025 Concept
INTEREST ON INVESTMENTS
4471 INTEREST ON INVESTMENTS (513,279) 953,246 125,000 150,000 120.0% 130,000 164,000 31.2% 167,000
INTEREST ON INVESTMENTS (513,279) 953,246 125,000 150,000 100.0% 130,000 164,000 31.2% 167,000
TRANSFERS IN
4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 100.0% 30,000 30,000 0.0% 30,000
TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 100.0% 30,000 30,000 0.0% 30,000
OTHER REVENUE
4479 TOWER RENTAL 16,372 16,777 14,000 14,000 100.0% 14,000 14,000 0.0% 14,000
4480 BUILDING RENTS 146,000 0.0% 0.0%
-BROOKVIEW GOLF COURSE 127,200 - 127,200 127,200 100.0% 127,200 127,200 0.0% 127,200
-MOTOR VEHICLE LICENSING 22,000 - 22,000 22,000 100.0% 22,000 22,000 0.0% 22,000
-VEHICLE MAINTENANCE 24,000 - 24,000 24,000 100.0% 24,000 24,000 0.0% 24,000
4478 SPECIAL ASSESS COLL-COUNTY 8,857 8,717 6,000 6,000 100.0% 6,000 6,000 0.0% 6,000
4178 POHLAD GRANT REVENUE - 24,053 - - 0.0% - - 0.0% -
4483 CONTRIBUTIONS & DONATIONS 1,600 7,800 - - 0.0% - - 0.0% -
TOTAL OTHER REVENUE 200,029 203,347 193,200 193,200 100.0% 193,200 193,200 0.0% 193,200
MISCELLANEOUS COSTS
4476 BURIAL CHARGE-CEMETERY 1,150 2,850 400 400 100.0% 400 400 0.0% 400
4707 PENALTIES-LIQUOR/TOBACCO - - - 0.0% 0.0%
4474 SCRAP METAL 3,634 6,415 2,500 4,000 160.0% 2,500 2,500 0.0% 2,500
4486 MISCELLANEOUS RECEIPTS 1,415 158 1,000 1,000 100.0% 1,000 1,000 0.0% 1,000
4484 COMMUNITY GARDEN - 1,470 - - 0.0% - - 0.0% -
4487 OVER AND SHORT (15) (668) - - 0.0% - - 0.0% -
4488 RETURNED CHECK FEE 30 - - 0.0% - - 0.0% -
4489 ATM 16 - - - 0.0% - - 0.0% -
4491 CERTIFICATION FEES 30 - - - 0.0% - - 0.0% -
TOTAL MISCELLANEOUS COSTS 6,230 10,255 3,900 5,400 138.5% 3,900 3,900 0.0% 3,900
GENERAL FUND TOTAL 25,354,483 31,138,509 30,110,690 30,586,795 101.6% 30,899,369 31,785,700 5.6% 33,133,313
261
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
September 17, 2024
Agenda Item
6B. 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
262
Review of Council Calendar
Event Event Time Location
SEPTEMBER
Wednesday, September 18
League of Women Voter’s Candidate Forum 7:00 PM
City Hall
Council Chambers
Friday, September 20
Absentee Voting Begins for General Election 8:00 AM
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
Friday, October 18
Early Voting Begins for General Election 8:00 AM
City Hall
Council Chambers
Saturday, October 26
City Hall Open for Absentee Voting 9:00 AM - 3:00 PM
City Hall
Council Chambers
Trunk or Treat 12:00 PM - 2:00 PM City Hall Campus
Tuesday, October 29
City Hall Open Late for Absentee Voting Voting open until 7 PM City Hall
NOVEMBER
Saturday, November 2
City Hall Open for Absentee Voting 9:00 AM - 3:00 PM
City Hall
Council Chambers
Sunday, November 3
City Hall Open for Absentee Voting 9:00 AM - 3:00 PM
City Hall
Council Chambers
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
Sunday, November 10
Winter Market in the Valley (Indoors) 10:00 AM - 1:00 PM
Brookview
Bassett Creek Room
263
Review of Council Calendar
Event Event Time Location
Monay, November 11
City Offices Closed for Observance of Veterans' Day
Tuesday, November 12
HRA Work Session 6:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, November 19
City Council Meeting 6:30 PM Hybrid - Council Chambers
264