11-06-24 City Council Agenda November 6, 2024 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Proclamation Reaffirming the City of Golden Valley's Commitment to Beyond the Yellow
Ribbon
1D.Proclamation Honoring November 1 - 30, 2024 as Indigenous Peoples Heritage Month
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 - Good Shepherd
School
3C.Boards, Commissions, and Task Forces:
3C.1.Accept Resignation from the Diversity, Equity, and Inclusion Commission
3D.Bids, Quotes, and Contracts:
3D.1.Approve Contract for Transportation and Disposal of Fill with M & J Trucking Co., LLC
CITY COUNCIL REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options for
attending, participating, and commenting. The public can make statements in this meeting during
public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options:
Members of the public may attend this meeting by watching on cable channel 16, streaming on
CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2633 344
5188 and webinar password 1234. Members of the public wishing to address the Council remotely
have two options:
Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment
sections.
Via phone - Call 1-415-655-0001 and enter meeting code 2633 344 5188 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting November 6, 2024 — 6:30 PM
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3D.2.Approve Contract for Killarney Drive Storm Sewer Repairs with Precision Utilities LLC
3D.3.Approve Joint Powers Agreement for the Establishment and Continued Operation of the
Bassett Creek Watershed Management Commission
3D.4.Adopt Resolution No. 24-065 Approving Dissolution of West Metro Home Remodeling Fair
3E.Grants and Donations:
3E.1.Adopt Resolution No. 24-066 Accepting Donation From the Estate of David Forse
3E.2.Adopt Resolution No. 24-067 Authorizing Application for the MPCA Planning Grant for
Community Resilience
3F.Adopt Resolution No. 24-068 Approving Information Technology Criminal Justice
Information Policies
4.Public Hearing - None.
5.Old Business - None.
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A.First Consideration of Ordinance No. 786 Amending Fee Schedule
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 November 6, 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
November 6, 2024
Agenda Item
1C. Proclamation Reaffirming the City of Golden Valley's Commitment to Beyond the Yellow Ribbon
Prepared By
Elinorah Sinyembo, Executive Assistant
Summary
Beyond the Yellow Ribbon is an organization which aims to establish and sustain a comprehensive
community and corporate support network that connects and coordinates agencies, organizations,
and resources to meet the needs of Minnesota's military veterans, service members, and families in all
military branches. In 2014, the City of Golden Valley joined Crystal, New Hope, and Robbinsdale to
create the Quad Cities Beyond the Yellow Ribbon initiative, providing these resources locally.
The City of Golden Valley reaffirms our support for and active participation in the Quad Cities Beyond
the Yellow Ribbon initiative.
Legal Considerations
This item did not require legal review.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to support a proclamation reaffirming the City of Golden Valley's commitment to Beyond the
Yellow Ribbon.
Supporting Documents
Proclamation - Beyond the Yellow Ribbon
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CITY OF GOLDEN VALLEY
PROCLAMATION REAFFIRMING THE CITY OF GOLDEN VALLEY’S
COMMITMENT TO BEYOND THE YELLOW RIBBON
WHEREAS, in 2014, the cities of Crystal, Golden Valley, New Hope and
Robbinsdale united to form the Quad Cities Beyond the Yellow Ribbon initiative; and
WHEREAS, a Yellow Ribbon community unites key areas within a community to
create a network that connects organizations, resources, and employers to meet the
needs of local service members, veterans and military families in Minnesota; and
WHEREAS, the outward showing of support enables successful transitions for
those affected by military deployments and builds a stronger, more compassionate
community; and
WHEREAS, Veterans Day is a federal holiday observed annually on November
11th to honor and show support to military veterans of the United States Armed Forces;
and
WHEREAS, the Golden Valley City Council continues to support the Quad Cities
Beyond the Yellow Ribbon initiative and agrees to be an ongoing active participant to
help the Quad Cities maintain the Yellow Ribbon Community official designation.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of
Golden Valley agrees to reaffirm our support for and continue to actively participate in
the Quad Cities Beyond the Yellow Ribbon initiative along with the cities of Crystal,
New Hope and Robbinsdale.
Adopted by the City Council of Golden Valley, Minnesota this 6th day of November,
2024.
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
1D. Proclamation Honoring November 1 - 30, 2024 as Indigenous Peoples Heritage Month
Prepared By
Seth Kaempfer, Equity and Inclusion Manager
Summary
November is celebrated as Indigenous Peoples Heritage Month, also known as Native American
Heritage Month. This month celebrates the vibrant traditions, languages, cultures, and narratives of
Indigenous People. This month places into focus the many contributions, both past and present, that
Indigenous people make to science, politics, history, education, and more, and that these
contributions are seen as an essential part of future generations.
This proclamation calls upon the Golden Valley community to collectively work towards dispelling
ignorance, prejudice and fear through education about the historical and current impacts made by
Indigenous People, especially the Dakota People who have called the area known today as Golden
Valley home for centuries. This proclamation also calls on the Golden Valley community to continue
to recognize and celebrate the significance of place, specifically Haha Wakpadan, which is currently
known as Basset Creek, and its relationship to the Dakota People and additional Indigenous People.
Along with other sponsors, the City's Diversity, Equity, and Inclusion Commission sponsored the
Second Annual Haha Wakpadan Water Blessing on October 14th where community members across
the watershed gathered to celebrate Indigenous Peoples Day and further recognize the importance of
water in the life of everything and everyone. In addition to the water blessing offered by Tanagidan
To Win/Blue Hummingbird Woman (Tara Perron (Dakota and Ojibwe)), community heard from Dakota
author Diane Wilson as well as local cultural advisors Bradley Blackhawk (Ho-Chunk), Darlene St. Clair
(Dakota), Jim Rock (Dakota), and Roxanne Gould (Anishinaabe).
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 Indigenous Peoples Heritage Month to both educate
community and staff as well as create space for belonging of this richly diverse community.
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Recommended Action
Motion to adopt proclamation honoring the month of November as Indigenous Peoples Heritage
Month.
Supporting Documents
Proclamation for Indigenous Peoples Heritage Month
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CITY OF GOLDEN VALLEY
PROCLAMATION HONORING INDIGENOUS PEOPLES
HERITAGE MONTH
NOVEMBER 1 – 30, 2024
WHEREAS, the area known today known as the City of Golden Valley is located on
the ancestral and contemporary lands that have been called home by the Dakota People
since time immemorial; and
WHEREAS, the Dakota People who have resided on this land prior to the arrival of
European settlers experienced injustices taken to suppress and eradicate, over the
following many decades, the knowledge, practices, and observances of their own cultural
and spiritual heritage; and
WHEREAS, the Basset Creek watershed and Ȟaȟa Wakpadaŋ, currently known as
Basset Creek, has historically and currently plays a significant role and relationship for the
Dakota People within the City of Golden Valley; and
WHEREAS, on a Monday, October 14th, 2024, the second annual Ȟaȟa Wakpadaŋ
Water Blessing took place celebrating Indigenous Peoples Day and honoring the
importance of water to history, place, nature, people, and the future whether locally, across
Mni Sóta Makoce (Minnesota), and beyond; and
WHEREAS, Indigenous Peoples Heritage Month, also known as Native American
Heritage Month, was first proclaimed a month of celebration in 1990; and
WHEREAS, Indigenous people have and continue to make essential contributions to
science, history, law, knowledge, arts, environmental stewardship, government, and other
endeavors; and
WHEREAS, Indigenous Peoples Heritage Month is an opportunity to dispel ignorance,
prejudice and fear through education about the history, culture, and countless contributions
of Indigenous people.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden
Valley does hereby proclaim the month of November as “Indigenous Peoples Heritage Month”
and call upon the people of Golden Valley to recognize the current and past contributions
made by the Dakota People as well as additional Indigenous Peoples 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 November 6th, 2024.
_____________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 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:
10-16-2024 Check Register
10-23-2024 Check Register
10-30-2024 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
November 6, 2024
Agenda Item
3B.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd
School
Prepared By
Theresa Schyma, City Clerk
Summary
Good Shepherd School, 145 Jersey Avenue South, has applied for a Gambling License Exemption to
conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on
March 8, 2025.
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 Good Shepherd School to conduct gambling (raffle) at an event at the Metropolitan
Ballroom, 5418 Wayzata Boulevard, on March 8, 2025.
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EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3C.1. Accept Resignation from the Diversity, Equity, and Inclusion Commission
Prepared By
Elinorah Sinyembo, Executive Assistant
Summary
Commissioner Nyre Chester has submitted her resignation from the Diversity, Equity, and Inclusion
Commission.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item does not require equity review.
Recommended Action
Motion to accept the resignation of Nyre Chester from the Diversity, Equity, and Inclusion
Commission, effective October 22, 2024.
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3D.1. Approve Contract for Transportation and Disposal of Fill with M & J Trucking Co., LLC
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Public Works stockpiles excess dirt from water main breaks, street sweeping, and other maintenance
operations at the 10th Avenue storage yard. The area has become increasingly full, to the point where
contract trucking and disposal of the unwanted material is needed. A multi-year plan to remove the
dirt berm and install sectional concrete panels on the south side of the 10th Avenue storage yard is
planned to create more space.
Quotes for the project were received and are listed below:
M.B.E., Inc.$14.49 per cubic yard
M & J Trucking Co., LLC $10.50 per cubic yard
Financial or Budget Considerations
The 2024 Buildings Capital Improvement Program (CIP) includes $125,000 for the transportation and
disposal of fill (B-048). The total proposed cost is $78,750.00.
Legal Considerations
The City Attorney has reviewed and approved the contract.
Equity Considerations
Staff solicited quotes from thirty-three Disadvantaged Business Enterprises using the Minnesota
Unified Certification Program database and three community organizations that work with Minority
and Women Business Enterprises.
Recommended Action
Motion to approve the Mayor and City Manager to execute the Contract for Transportation and
Disposal of Fill with M & J Trucking Co., LLC in the form approved by the City Attorney to transport and
dispose of fill.
Supporting Documents
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Contract for Transportation and Disposal of Fill with M & J Trucking Co., LLC
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CONTRACT FOR TRANSPORTATION AND DISPOSAL OF FILL
WITH M & J TRUCKING CO., LLC
THIS AGREEMENT is made this 6th day of November 2024 (“Effective Date”) by and between M & J
Trucking Co., LLC, a trucking company located at 20000 Kenrick Avenue, Lakeville, MN 55044
(“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 transporting, delivering, and disposing of common fill.
B. The City desires to hire Contractor to transport and dispose of common fill.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requestedwork.
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, andservices 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.
2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the
satisfaction and approval of the City on or before December 31, 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, theCitymay,at its discretion, extend the Contract
Time.
3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty (35) days after receiving a statement from Contractor.
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4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
5.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.
6.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.
7.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
8.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’sfailure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
9.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
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10.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.
11.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 this Agreementor 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.
12.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature,
or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
13.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.
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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.
14.Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
15.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.
16.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 inthe independent performance of the same or similar workfor
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. Contractoris 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.
17.Compliance with Laws.Contractorshall 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’sguests, 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
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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.
18.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.
19.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
20.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
21.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
22.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
23.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within
three business days if it receives a data request from a third party and shall not respond to such request
without first conferring with the city. 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.
24.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractoragrees 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.
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25.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Josh Corcoran, or designee who shall perform or supervise the performance of all Work.
26.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
M & J Trucking Co., LLC
20000 Kenrick Avenue
Lakeville, MN 55044
josh@mjtruckingco.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
27.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.
28.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.
29.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this Agreement. 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.
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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 Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
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 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.
M &J TRUCKING CO.,LLC:CITY OF GOLDEN VALLEY:
By: _________________________________
Josh Corcoran, Project Manager
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.Loading. City shall provide equipment and operator to load Materials using the highest standard of care for
safety. Over-weight loads are the responsibility of the City loading the trucks.
2.Transportation. Contractor shall transport and unload the Materials using the highest standard of care for
safety. Contractor shall ensure that no portion of the Materials are lost during transport. Should any
Materials be spilled or drift during transport, Contractor agrees to immediately take all necessary steps to
clean up said Materials.
3.Disposal.Contractor shall provide trucks and drivers to haul the materials indicated below (the “Materials”)
to the disposal sites indicated below.
MATERIAL DISPOSAL SITE
Common Fill
4.Dirt Accepted “As Is” Without Warranty or Representation.Contractor reserves the right to reject any and
all Materials during the disposal process if the parties determine that the Materials are contaminated by a
hazardous substance. Contractor may inspect the Materials for hazardous substances by visual inspection or
smell. If additional testing is required to determine whether the Materials are contaminated, the City shall
bear the cost of testing. Contractor also reserves the right to reject asphalt or concrete rubble encountered
at the site. Any rejected Materials remain the responsibility of the City. Once Contractor accepts Materials,
Contractor expressly assumes all risks, known and unknown, from the loading, transport, unloading and use
of the accepted Materials and accepts all such Materials “as is” without warranty, promise or representation
as to its composition, quality, or lack of contamination.
5.Other Responsibilities. Contractor is a for hire motor carrier and shall be solely responsible for assigning
drivers to drive Contractor’s trucks. Contractor shall be solely responsible for the employment, training, and
supervision of its drivers and for the operation, maintenance and repair of its trucks, and any other
equipment. Contractor shall have current registration and permits for all trucks and equipment, and shall be
responsible for all operating expenses associated with the operation of the trucks or other equipment
during this agreement. All drivers used by Contractor for performing its work under this agreement shall
have the qualifications and licenses required by the state of Minnesota and all applicable Federal Motor
Carrier Safety Regulations. Contractor shall not use an unqualified or disqualified driver for any of the Work
under any circumstances.
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EXHIBIT B
SPECIAL CONDITIONS
1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work.
Contractor and subcontractor(s) that make a false statement verifying compliance with any of the minimum
criteria herein described shall result in the termination of this Agreement.
2.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 3:00 p.m. excluding
holidays.
3.Mobilization.The mobilization shall be included in the base price in all aspects of the Work per unit
price herein Exhibit C. No additional compensation will be considered for mobilization.
4.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers approved by the manufacturer.
5.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.
6.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under
this Agreement, including without limitation, cost on losses caused by delays attributable to Contractor,
breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. Contractor acknowledges
that the City owns trucks and equipment for similar work and has employees for operating such trucks and
equipment. Contractor agrees that the City may utilize its trucks, equipmentand employeesin any manner that it
wishes and that the City is not obligated to order work from Contractor unless it chooses not to use its own trucks
and equipment.
7.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated
herein 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 one month after completion of the
Work.
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EXHIBIT C
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Description Units Quantity Unit Price Total
TRANSPORTATION AND DISPOSAL OF FILL CY 7,500 $10.50 $78,750.00
TOTAL COST TO PROVIDE SERVICES FOR TRANSPORTAION OF DISPOSAL OF FILL $78,750.00
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3D.2. Approve Contract for Killarney Drive Storm Sewer Repairs with Precision Utilities LLC
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
The storm sewer pipe between 4720 and 4740 Killarney Drive has corroded creating sink holes and
needs to be repaired.
The storm sewer repairs include adding a SAFL baffle catch basin for sediment removal and replacing
235 feet of corrugated metal pipe with reinforced concrete pipe.
Staff solicited quotes for the work. The results are as follows:
Interstate Companies $54,750.00
Precision Utilities LLC $52,377.50
Valley Rich Co., Inc.$53,150.00
Financial or Budget Considerations
The 2024-2033 Storm Water Capital Improvement Program includes $150,000 for Storm Sewer Repairs
(SS-53).
Legal Considerations
The City Attorney has reviewed and approved the contract.
Equity Considerations
The project satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Reliable
storm water conveyance is essential for public health, safety, and the economic vitality of a
community.
Recommended Action
Motion to approve the Mayor and City Manager to execute Contract for Killarney Drive Storm Sewer
Repairs with Precision Utilities LLC in the form approved by the City Attorney.
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Supporting Documents
Contract for Killarney Drive Storm Sewer Repairs with Precision Utilities LLC
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CONTRACT FOR KILLARNEY DRIVE STORM WATER REPAIRS
WITH PRECISION UTILITIES LLC
THIS AGREEMENT is made this 6thday of November2024(the “Effective Date”) by and between Precision
Utilities LLC,a water and sewer contractorlocated at 14067 62nd Street,Mayer, MN 55360(“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. Contractoris engaged in the business of excavatingto repairandreplacestorm waterconveyance
infrastructure.
B. The City desires to hire Contractor to repair or replace storm water conveyance infrastructure.
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 and C. Contractor shall at all times keep the premises free
from accumulation of waste materials and debris caused by Contractor’s operations.
2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the
satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A
(the “Contract Time”). Contractor shallto notify the City in writing of any cause of delay of the Workwithin
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.In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth herein Exhibit D (the “Contract Price”). The consideration shall be for both the Work
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty-five (35) days after receiving a statement from Contractor.
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4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnishany materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
6.Expense Reimbursement.Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
7.Approvals.Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
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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, shallnot 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
Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the
completed Work (the “Final Completion Date”).
10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further represents and
warrants to the City that the materials and equipment furnished under this Agreement are of good quality
and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work
will conform to the requirements of this Agreement and will be free from defects. Work, materials, or
equipment not conforming to these requirements may be considered defective. Contractor shall promptly
correct any defective Work. Costs of correcting such defective Work, including additional testing and
inspections, the cost of uncovering and replacement, and compensation for any additional services and
expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude
remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its
subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient
maintenance, improper operation or normal wear and tear under normal usage.
11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials
furnished and installed under this contract for a period of one year after the Final Completion Date (the
“Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the
specifications. If any of the Work is found to be not in accordance with the requirements of the Contract
during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to
do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct
nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct
the Work at Contractor’s expense.
The Guarantee Period shall be extended with respect to portions of Work first performed after the Final
Completion Date by the period of time between final payment and the actual completion of that portion
of the Work. The one-year period for correction of Work shall not be extended by corrective Work
performed by Contractor pursuant to this Section.
Nothing contained in this Section shall be construed to establish a period of limitation with respect to
other obligations Contractor has under the Contract Documents. Establishment of the one-year period for
correction of Work as described in this Section relates only to the specific obligation of Contractor to
correct the Work, and has no relationship to the time within which the obligation to comply with the
Contract Documents may be sought to be enforced, nor to the time within which proceedings may be
commenced to establish Contractor’s liability with respect to Contractor’s obligations other than
specifically to correct the Work.
12.Termination.This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
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by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, 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’sfailure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
13.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
14.Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities,
or any combination thereof. These remedies provided to the City for breach of this Agreement by
Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records,documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature,
or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
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b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i.Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii.Personal and advertising injury;
iii.Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv.Bodily injury or property damage arising out of completed operations; and
v.Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case
of non-payment.
18.Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
19.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.
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20.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 inthe independent performance of the same or similar workfor
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. Contractoris 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.
21.Compliance with Laws.Contractorshall 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’sguests, 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.
22.Entire Agreement.The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
25.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.
26.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
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shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
28.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. Contractoragrees 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.
29.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.
30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Dan Lipe, or designee who shall perform or supervise the performance of all Work.
31.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
Precision Utilities LLC
14067 62nd Street
Mayer, MN 55360
dan@precisionutilities.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
32.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.
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33.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.
34.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.
35.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
36.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
37.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.
38.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.
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9
PRECISION UTILITIES LLC:CITY OF GOLDEN VALLEY:
By: _________________________________
Daniel Lipe, President
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.Work. The Work shall include all labor, equipment, and supplies necessary to repair or replace
storm water conveyance infrastructure at the locations identified on the maps included and incorporated
herein. The Work shall include, but not limited to, excavation; removal of existing storm sewer pipe and
catch basin; installation of SAFL Baffle catch basin,15-inch Class III Reinforced Concrete Pipe, and 15-inch
concrete flared end; backfill and compact the excavated trench; and install rip-rap, erosion control
blanket, and native seed as needed. The Contractor shall furnish new SAFL catch basin, pipe, flared end,
gaskets, and necessary supplies.
2.Catch Basin. Catch basin shall be 48-inch round concrete SAFL Baffle catch basin.
3.Casting and Grate. Existing catch basin casting and grate shall be salvaged and reinstalled.
4.Pipe Material. Pipe shall be 15-inch Reinforced Concrete Pipe.
5.Flared End. Flared end shall be 15-inch concrete and installed at ground elevation 827.7 feet.
6.Pipe Bedding. Bedding around pipe shall be select granular sand.
7.Tracer Wire. Tracer wire installation shall conform to Minnesota Rural Water Association
standard details.
8.Stabilization. Rip rap shall be used to stabilize areaaround flared endper MnDOT specifications.
Native seed and blanket shall be used to stabilize turf areas and other excavated areas per MnDOT
specifications.
9.Restoration. Restoration shall include all landscaping, turf areas, curb and gutter, and pavement
to previous like conditions.
10.Schedule.The Work shall commence on November 7, 2024 and conclude before November 29,
2024.
11.Location. The Location Map in Exhibit A identifies the location at 4720 Killarney Drive.
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EXHIBIT B
SPECIAL CONDITIONS
1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work.
Contractor and subcontractor(s) that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2.Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction
meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the
contracting company who will have direct responsibility for workmanship and/or materials used on the project.
The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all
questionable measurements, materials, methods or other matters shall be made at this conference. Contractor
shall submit the following at the pre-construction meeting:
A. 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. General project contact information including emergency contacts.
C. Traffic Control plan.
3.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all
requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all
safety measures recommended and required by any governmental agency, including the Department of Labor
and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the
other paragraphs of these Special Conditions covering safety precautions and accident prevention. The
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.
4.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and
fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. Permits
include, but are not limited to, Right of Way and Stormwater Management permits.
5.Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to
determine the existence and location of gas mains and other private utilities, as well as, public utilities of the
City, County or State, which may be underground or overhead within street and highway rights-of-way or within
easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or
overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of
accuracy permitted by the locations both from field located and record drawings, established by the utility
owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall
be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to
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beginning the Work. 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 of 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.
6.Utility Conflicts.Contractor shall coordinate its efforts with private utility companies so the Work can be
done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates,
installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs
or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the
extent the claim is due to the failure of any private utility with facilities affected by the Workto promptly relocate,
remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project
that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform
the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to
conflicts with in-place utilities shall be considered.
7.Mobilization. The lump sum for mobilization is to include all aspects of work and shall include
mobilization to all of the areas identified in the Location Map, herein Exhibit A.
8.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.
9.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays.
10.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers approved by the manufacturer.
11.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor’s equipment.
12.Traffic Control and Maintenance. 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 Engineer, when the Work occurs on or adjacent to
any street, alley or public place. Contractor shall provide, under the traffic control item, 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
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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 damages from failure to protect the work zone.
When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide
certifications of all flagmen that will be working on this project.
Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property
owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways
throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to
limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen
must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on
this project.
13.Tree Removal.Tree removal shall include, but not be limited to, removal of tree and stump, debris,
utility coordination, disposal at a site selected by the Contractor and approved by the City’s authorized agent,
and restoration as described herein. No trees, logs, branches, or debris shall be left on public right-of-way or
private property overnight.
14.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery 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
Emerald Ash Borer disease. Contractor shall also notify the Engineer 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 Assistant 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 or ashes damaged by construction before July 1. Contractor shall coordinate all
such work with the Assistant City Forester
15.Sanitary Provisions. Contractor shall observe and comply with all laws, rules, and regulations of the
State and Local Health Authorities. In the event of a sewage release, Contractor shall immediately notify the
State of Minnesota Duty Officer at the Department of Public Safety at 651.649.5451 and the City Engineer at
763.593.8030. The Duty Officer will instruct Contractor on any further notification procedures. Contractor shall
also take immediate action to prevent sewage from entering any water body or storm sewer by directing any
such sewage flow into the existing sanitary sewer system.
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16.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
A. Specifications and Special Conditions in Exhibit A, this B, and C.
B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and
Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, current edition, as
prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of
Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special
Conditions. The Standard Utilities Specifications are available from the Minnesota Society of
Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/.
C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its
supplements.
D. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized
work) of the Minnesota Department of Highways Standard Specification for Construction, current
edition and its supplements, shall apply, except as modified or supplemented herein.
E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of
Highways Standard Specification for Construction, current edition and its supplements, shall apply,
except as modified or supplemented herein.
17.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated
herein Exhibit D. 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 one month after completion of the
Work.
18.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said
date, make written request to the City for an extension of time for completion, setting forth fully in its request
the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has
been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work
done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the
City may, in its sole discretion, grant an extension of time for the completion to such date as may seem
reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be
considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without
violating the Contract, may proceed immediately to take over the Work, materials and equipment and make
final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’
notice for such forfeiture.
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EXHIBIT C
DETAILS
[Remainder of page left blank intentionally.]
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EXHIBIT D
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Description Units Quantity Unit Price Total
MOBILIZATION LS 1 $1,200.00 $1,200.00
INSTALLATION OF 48-INCH SAFL BAFFLE CATCH BASIN EACH 1 $15,000.00 $15,000.00
INSTALLATION OF 15-INCH RCP PIPE FT 235 $86.50 $20,327.50
INSTALLATION OF 15-INCH FLARED END EACH 1 $3,675.00 $3,675.00
STABILIZATION LS 1 $2,175.00 $2,175.00
RESTORATION LS 1 $10,000.00 $10,000.00
TOTAL COST TO PROVIDE SERVICES FOR KILLARNEY DRIVE STORM WATER REPAIRS $52,377.50
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3D.3. Approve Joint Powers Agreement for the Establishment and Continued Operation of the Bassett
Creek Watershed Management Commission
Prepared By
Eric Eckman, Environmental Resources Supervisor
Summary
The Bassett Creek Watershed Management Commission (BCWMC) is requesting approval of an update
to the joint powers agreement (JPA) which will extend the term to January 1, 2033. The original JPA
was executed in 1968 and is updated and renewed approximately every ten (10) years. The current
JPA was renewed in 2014 and is set to expire at the end of this year on January 1, 2025.
The BCWMC was established in 1968 under a JPA adopted by the nine (9) member cities located
within the Bassett Creek watershed, including Crystal, Golden Valley, Medicine Lake, Minneapolis,
Minnetonka, New Hope, Plymouth, Robbinsdale and St. Louis Park. The member cities worked
together to form the BCWMC to more efficiently and holistically plan for and manage surface water
with the common goal of reducing flood risk and damage and improving water quality throughout the
watershed.
Through the JPA, the City has direct representation on the watershed board with a city council-
appointed commissioner and alternate commissioner, and staff that serve as technical advisors
supporting the commissioners and representing the City on various committees.
In 2024, the BCWMC directed its attorney to update and reformat the JPA to streamline, simplify, and
reorganize it for clarity; update provisions based on current BCWMC policies and practices; and ensure
the JPA includes all mandated provisions contained in Minnesota Rules section 8410.0030. All powers
and authorities in the current JPA remain in place in the updated JPA. The main substantive change is
shortening the term from ten (10) years to eight (8) years to decouple the JPA renewal timeline from
the watershed management plan update, which must occur every ten (10) years and is currently
underway. The updated JPA was reviewed by technical and legal staff from all nine (9) member cities,
and equity and finance staff from Golden Valley. The BCWMC approved the JPA at its September 2024
meeting and requested that member cities review and consider signing the JPA before December 31,
2024.
Financial or Budget Considerations
The BCWMC provides many services to its member cities and residents including public education and
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outreach, water quality monitoring, aquatic invasive species management, studies and modeling that
inform land use decisions, inspection of flood control structures, technical review of large
development plans, and funding for capital improvement projects constructed cooperatively with
member cities.
Examples of recent stormwater projects that provide resilience and sustainability benefits to all
Golden Valley residents and visitors include:
• Medley Park Stormwater Improvements
• DeCola Ponds Flood Mitigation Projects (SEA School-Wildwood Park Flood Storage; Pennsylvania
Woods/DeCola Ponds B and C Flood Storage)
• Bassett Creek Restoration Projects
• Sweeney Lake Nutrient Reduction and Carp Management
• Cost Share Purchase of Enhanced Street Sweeper
• Briarwood-Dawnview Water Quality Improvement
• Honeywell Pond Expansion and Stormwater Reuse
• Wirth Lake Outlet Modifications
• Schaper Pond Improvements
As outlined in the JPA, member cities pay an annual assessment to fund the general operation of the
BCWMC including administration, planning, engineering, water quality monitoring, education and
other management activities. In 2024, the annual assessment to Golden Valley is $159,957. Funding
for the annual assessment is provided by the City’s Stormwater Utility Fund (7300).
Legal Considerations
The City Attorney has reviewed and approved the Joint Powers Agreement for the Establishment and
Continued Operation of the Bassett Creek Watershed Management Commission.
Equity Considerations
The BCWMC and its member cities collaborate to holistically plan for and manage surface water to
increase community resilience, reduce flood risk and damage, protect and improve water quality, and
restore and enhance the natural environment for all living beings throughout the Haha
Wakpadan/Bassett Creek watershed. Haha Wakpadan is the Dakota name for Bassett Creek. The
watershed is located within Dakota homeland and is an important source of sustenance. Long before
the BCWMC was formed, the Dakota people cared for the land and water before being dispossessed
of their ancestral lands. With this understanding, the BCWMC adopted a water and land
acknowledgement statement and has been learning and working with its partners and cultural
advisors to include and integrate Indigenous voices and wisdom in watershed activities and bring more
awareness to Haha Wakpadan to reduce the impacts of climate change and improve the health of the
ecosystem.
Acknowledgement of past and present traumas is a step toward healing. The BCWMC is going beyond
acknowledgement to act in ways that align with Golden Valley’s Equity Plan by recognizing differences
and seeking to understand the lived experiences of watershed residents and actively empowering
individuals and groups to be participatory in its activities. Ongoing actions include collaborating with a
Native-owned company to update its watershed map with Native content; leading an effort to
formally co-name Haha Wakpadan/Bassett Creek and include it on public-facing signs, documents, and
its website; supporting and sponsoring the Haha Wakpadan Water Blessing, Oral History Project , and
Pronunciation video; adopting an incentive policy for participation in input-gathering activities with a
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focus on BIPOC communities; and adopting a diversity, equity, inclusion, and accessibility policy. The
updated JPA sets the foundation for the BCWMC to operate and allows Golden Valley to fully
participate in all BCWMC efforts to help eliminate barriers, diversify membership and representation
in watershed activities and decision-making processes, and incorporate a wide range of voices and
perspectives in watershed plans, programs, and projects.
Recommended Action
Motion to Approve Joint Powers Agreement for the Establishment and Continued Operation of the
Bassett Creek Watershed Management Commission.
Majority vote needed.
Supporting Documents
Updated Joint Powers Agreement 2024
Current Joint Powers Agreement 2014
Watershed Map
BCWMC Water and Land Acknowledgement Statement
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1
JOINT POWERS AGREEMENT
FOR THE ESTABLISHMENT AND CONTINUED OPERATION OF THE
BASSETT CREEK WATERSHED MANAGEMENT COMMISSION
THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into by and
among the cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope,
Plymouth, Robbinsdale, and St. Louis Park, all Minnesota municipal corporations. The member
cities may hereafter be referred to individually as a “Member” or collectively as the “Members.”
RECITALS
A. In 1968, the Members, all of which have lands which drain surface water into Bassett Creek,
and all of which have power to construct, reconstruct, extend and maintain storm water
management facilities, elected to exercise their authority to adopt a joint p owers agreement
to establish the Bassett Creek Flood Control Commission to cooperatively manage and plan
for the management of surface water within the Bassett Creek watershed (“Watershed”).
B. In 1982, the Minnesota legislature passed the Metropolitan Area Surface Water Management
Act requiring local government units in the metropolitan area to plan for and manage surface
water through watershed management (Minnesota Statutes, section 103B.201 to 103B.255)
(“Act”).
C. Under the Act, one of the options available to local government units to satisfy the
requirements of the Act is to enter into a joint powers agreement pursuant to Minnesota
Statutes, section 471.59 to establish a watershed management organization to jointly plan for
and manage surface water within a watershed.
D. In compliance with the Act, the original Bassett Creek Flood Control Commission amended
its joint powers agreement and became the Bassett Creek Watershed Management
Commission (“Commission”). Over time, the joint powers agreement has been updated and
amended, and the terms and conditions of the current joint powers agreement expire on
January 1, 2025.
E. The Members previously established the board of commissioners of the Commission
(“Board”) and desire for said Board to be reaffirmed as the entity charged with the authority
and responsibility to manage the Commission.
F. The Board has previously acted to adopt a watershed management plan (“Watershed
Management Plan”) for the watershed and has regularly updated and carried out said
Watershed Management Plan in accordance with the Act.
G. The Members desire to enter into this Agreement to reaffirm the Commission and the Board
in furtherance of its efforts to continue working cooperatively to prepare and administer a
surface water management plan to manage surface water within the Watershed, in
accordance with the Act and Minnesota Rules, chapter 8410, and to carry out all additional
functions and responsibilities described herein.
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2
AGREEMENT
In consideration of the mutual promises and agreements contained herein, the Members
mutually agree as follows:
SECTION I
ESTABLISHMENT, GENERAL PURPOSE, AND DEFINITIONS
1.1 Reaffirming the Establishment. The Members hereby reaffirm and continue the
establishment of the “Bassett Creek Watershed Management Commission” pursuant to their
authority under the Act and Minnesota Statutes, section 471.59. The Commission will continue to
operate as a duly formed joint powers watershed management organization in accordance with
said laws, applicable rules, and this Agreement.
1.2 General Purpose. The general purpose of this Agreement is to continue the Commission
and the Board, which the Members previously established, to jointly and cooperatively adopt,
administer, and update, as necessary, the Watershed Management Plan, and to carry out the
following express purposes:
(a) serve as the watershed management organization for the Watershed and carry out all of
the duties and responsibilities outlined in the Act;
(b) investigate, study, plan and control the construction of facilities to drain or pond storm
waters to alleviate damage by flood waters;
(c) protect, preserve, and use natural surface water and groundwater storage and retention
systems;
(d) minimize public capital expenditures needed to correct flooding and water quality
problems;
(e) identify and plan for means to effectively protect and improve surface water and
groundwater quality;
(f) establish more uniform local policies and official controls for surface water and
groundwater management;
(g) prevent erosion of soil into surface water systems;
(h) promote groundwater recharge;
(i) improve the creek channel for drainage;
(j) assist in planning for land use;
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(k) protect and enhance fish and wildlife habitat and water recreational facilities;
(l) repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage
systems within the Watershed;
(m) secure the other benefits associated with the proper management of surface water and
groundwater;
(n) assist in water conservation and the abatement of surface water and groundwater
contamination and water pollution;
(o) assist the Members in the preservation and use of natural water storage and retention
systems;
(p) promote and encourage cooperation among member cities in coordinating local surface
water and groundwater plans and to be aware of their neighbors’ problems and to protect
the public health, safety, and general welfare; and
(q) continue the work of the Bassett Creek Water Management Commission and to carry out
the plans, policies and programs developed by the Commission over time. All existing
policies will remain in effect and may be amended by the Commission, as it determines
may be necessary to achieve its purposes and objectives.
The plan and programs will operate within the boundaries of the Watershed as identified in the
official map filed with the Minnesota Board of Soil and Water Resources, as it may be amended
from time to time, which is incorporated into this Agreement as if fully set forth herein. The
boundaries of the Watershed are subject to change utilizing the procedures set out in the Act, which
may be necessary to better reflect the hydrological boundaries of the Watershed.
1.3 Definitions. For the purposes of this Agreement, and in addition to any other terms
expressly defined elsewhere throughout, the following terms have the meanings given them below.
(a) Board. The board of commissioners of the Commission, consisting of one
Commissioner or one Alternate Commissioner from each Member, and which is the
governing body of the Commission.
(b) Commission. The organization created by this Agreement, the full name of which is
the “Bassett Creek Watershed Management Commission,” a duly formed joint powers
watershed management organization under Minnesota law.
(c) Member. A Minnesota municipal corporation which enters into this Agreement, each
of which are expressly listed in section 2.1.
(d) Voting Commissioner. A Commissioner or Alternate Commissioner present during a
Board meeting with voting rights. Pursuant to section 3.2(b) below, an Alternate
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Commissioner only has voting rights in the event of absence or disability of their
respective Commissioner. Each Voting Commissioner has one (1) vote on the Board.
(e) Watershed. The area contained within a line drawn around the extremities of all terrain
whose surface drainage is tributary to Bassett Creek and within the mapped areas
delineated on the map filed with the Minnesota Board of Water and Soil Resources
(“BWSR”) pursuant to the Act.
SECTION II
MEMBERSHIP
2.1 Members. The following nine municipal corporations and parties to this Agreement, each
of which is either partially or entirely located within the Watershed, are Members of the
Commission: Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope,
Plymouth, Robbinsdale, and St. Louis Park.
2.2 Change in Boundaries. No change in governmental boundaries, structure, or organizational
status will affect the eligibility of any Member listed above to be represented on the Commission,
so long as such local government unit continues to exist as a separate political subdivision.
SECTION III
BOARD OF COMMISSIONERS
3.1 Establishment. The Members hereby reaffirm the establishment and continued operation
of the Board in accordance with the Act. The Board will carry out the purposes and have the
powers as provided herein.
3.2 Board Appointments. The Commission is governed by the Board, which consists of
representatives appointed by the nine Members in accordance with this section. More specifically,
each Member to this Agreement must appoint one Commissioner and one Alternate Commissioner
to the Board. Each Member’s governing body will determine the eligibility and qualifications of
its representatives on the Board.
(a) Commissioner. Each Member is responsible for appointing one person to serve as its
primary representative (“Commissioner”) on the Board. Each Member is responsible
for publishing a notice of a vacancy, whether resulting from expiration of its
Commissioner position or otherwise, as required in Minnesota Statutes, section
103B.227, subdivision 2.
(b) Alternate Commissioner. Each Member may also appoint one alternate representative
(“Alternate Commissioner”) to the Board in the same manner required to appoint a
Commissioner. A Member’s Alternate Commissioner may only vote on a matter before
the Commission in the event of either absence or disability of the appointing Member’s
Commissioner (in either event, the Alternate Commissioner is considered a Voting
Commissioner). If the absent or disabled Commissioner is also an officer of the Board,
the Alternate Commissioner will not be entitled to serve as such officer. If necessary,
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the Board may select a current Commissioner to temporarily undertake the duties of
the absent officer.
(c) Term. All Commissioners and Alternate Commissioners will serve until their
successors are selected and otherwise qualify, unless they resign or are removed earlier
as provided herein. All Commissioners and Alternate Commissioners will serve three-
year terms, and said terms will be staggered with expiration dates for those presently
appointed remaining as follows:
(1) The terms of the existing representatives appointed by the cities of Minneapolis,
Minnetonka, and New Hope will expire on February 1, 2025.
(2) The terms of the existing representatives appointed by the cities of Plymouth,
Robbinsdale, and St. Louis Park will expire on February 1, 2026.
(3) The terms of the existing representatives appointed by the cities of Crystal, Golden
Valley, and Medicine Lake will expire on February 1, 2027.
(d) Notices. A Member will provide the Commission written notice of its appointments,
including the resolution making the appointments or a copy of the minutes for the
meeting at which the appointments were made. The Commission will notify BWSR of
appointments and vacancies within 30 days after receiving notice from the Member.
Members must fill all vacancies within 90 days after the vacancy occurs.
(e) Vacancies. A Member will notify the Commission in writing within 10 days of the
occurrence of a vacancy in its Commissioner or Alternate Commissioner positions.
The Commission will notify BWSR of the vacancy within 30 days of receiving the
notice of a vacancy as required by Minn. Stat. § 103B.227, subd. 1. The Member will
publish notice of any vacancy, whether by expiration of term or for any other reason,
in accordance with Minn. Stat. § 103B.227, subd. 2, as it may be amended. The notices
must state that those interested in being appointed to serve on the Commission may
submit their names to the Member for consideration. The notice must be published at
least 15 days before the Member’s governing body acts to fill the vacancy. The
governing body must make the appointment within 90 days from the occurrence of the
vacancy. The Member will promptly notify the Commission of the appointment in
writing. The appointed person will serve the unexpired term of the position.
(f) Removal. The governing body of any Member may remove its respective
Commissioner for just cause as provided in Minn. Stat. § 103B.227, subd. 3 and in
accordance with Minn. R., part 8410.0040. If a Commissioner is an elected official,
said governing body may remove the Commissioner if the Commissioner is not
reelected. The governing body of any Member may remove its Alternate
Commissioner with or without cause. The Member will notify the Board of any such
removal in writing within 10 days of acting to remove the Commissioner or Alternate
Commissioner, as the case may be. The Commission will notify BWSR of the vacancy
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within 30 days of receiving such notice. The Member must act to fill the vacancy
created by the removal within 90 days, as provided in this Agreement.
(g) Suspension of Authority. The authority of a Commissioner or Alternate Commissioner
to vote will be suspended if the appointing Member is more than 60 days delinquent in
making any payments due to the Commission as provided by this Agreement. The
voting authority will be reinstated once the Member pays all past due amounts.
3.3 Compensation and Expenses. Commissioners shall serve without compensation from the
Commission, although Commission funds may be used to reimburse Commissioners and Alternate
Commissioners for expenses incurred in performing Commission business if authorized by the
Board. Nothing in this section 3.3 prevents a Member from providing compensation for its
Commissioner or Alternate Commissioner for serving on the Board, if such compensation is
authorized by such Member’s governmental unit and by law.
3.4 Board Officers; Duties. At its first regular meeting on or after February 1 of each year, the
Board will elect from its Commissioners a Chair, Vice Chair, Secretary, and Treasurer. All such
officers will hold office for a term of one (1) year and until their successors have b een qualified
and duly elected by the Board. An officer may serve only while a member of the Board. A vacancy
in an officer position will be filled from the Commissioner membership by Board selection for the
remainder of the unexpired term of such office. The officers will have the duties provided in the
Commission bylaws.
3.5 Quorum. A majority of Voting Commissioners from the nine Member cities, i.e.
representation of five Members, constitutes a quorum. Less than a quorum may adjourn a
scheduled meeting. A simple majority of the quorum is required for the Board to act unless a higher
number of votes is required by this Agreement or by law. If more than one Member has either a
Board vacancy (both Commission and Alternate Commissioner) or its voting rights suspended, as
provided herein, the number of Voting Commissioners required for a quorum will be reduced until
the vacancy is filled or suspension lifted, as the case may be.
3.6 Meetings. The Board will conduct meetings in accordance with the Minnesota Open
Meeting Law (Minn. Stat., chap. 13D) and this section.
(a) Regular Meetings. The Board will develop a schedule of its regular meetings. The
Board will post the schedule on the Commission’s website and provide a copy to each
Member. The Secretary will maintain a copy of the schedule of regular meetings. The
Chair and Vice Chair may cancel a meeting due to a lack of business items. The
Secretary will make a good faith effort to notify Commissioners and Alternate
Commissioners of a meeting cancellation.
(b) Special Meetings. The Board may hold such special meetings as it may determine are
necessary to conduct the business of the Commission. A special meeting may be called
by the Chair or by any two Commissioners. In addition to the notice requirements
provided in the Minnesota Open Meeting Law, the Secretary will provide notice of
special meetings to the Commissioners and Alternate Commissioners.
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(c) Annual Organizational Meeting. The first regular meeting on or after February 1 of
each year will constitute the annual organizational meeting of the Commission.
(d) Rules of Procedure. The Board will conduct its meetings generally in accordance with
the procedures set out in the most current version of Robert’s Rules of Order without
requiring strict conformance to its requirements. The Board may modify such rules as
it determines is appropriate to facilitate the conducting of its business or adopt a
different set of rules for its meetings. The Board may amend its rules from time to time
as it determines is appropriate upon a majority vote of all Voting Commissioners. The
Board may also waive one or more specific rules as it determines are necessary to
facilitate the conducting of its business, except that statutory requirements may not be
waived and voting authority provided hereunder may not be abrogated.
SECTION IV
POWERS AND DUTIES OF THE BOARD
4.1 Powers. The Board is authorized to exercise the powers in this section to carry out the
purposes of the Commission.
(a) Powers Granted.
(1) It may contract with or employ such persons or entities as it deems necessary to
accomplish its duties and powers. Any employee may be on a full-time, part-time,
or consulting basis, as the Board determines.
(2) It may contract for facilities, materials, supplies, and services to carry on its
activities.
(3) It may acquire necessary personal property to carry out its powers and its duties.
(4) It will prepare, adopt, and implement a watershed management plan and capital
improvement program that fulfills the requirements of Minn. Stat. § 103B.231
and all other applicable laws and rules. In preparing said plan, the Board may
consult with the engineering and planning staff of each Member and the
Metropolitan Council and other public and private bodies to obtain and consider
projections of land use, population growth, and other factors which are relevant
to the protection and improvement of waters in the Watershed and mitigation of
flood risk.
(5) It will make necessary surveys or utilize other reliable surveys and data and
develop projects to accomplish the purposes for which it is organized.
(6) It may cooperate or contract with the State of Minnesota, or any subdivision
thereof, any federal agency, or any public or private organization to accomplish
the purposes for which it is organized.
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(7) It may order any Member or Members to construct, clean, repair, alter, abandon,
consolidate, reclaim or change the course or terminus of any ditch, drain, storm
sewer, or water course, natural or artificial, within the Watershed.
(8) It may order any Member or Members to acquire, operate, construct, or maintain
dams, dikes, reservoirs and appurtenant works or other improvements necessary
to implement the overall plan.
(9) It will regulate, conserve, and control the use and management of storm and
surface water and groundwater within the Watershed.
(10) It may contract for or purchase such insurance as the Board deems necessary for
the protection of the Commission.
(11) It may establish and maintain devices acquiring and recording hydrological and
water quality data within the Watershed.
(12) It may enter upon lands to make surveys and investigations to accomplish the
purposes of the Commission. The Commission shall be liable for actual damages
resulting therefrom but every person who claims damages shall serve the chair or
secretary of the Board with a notice of claim as required by Minn. Stat. § 466.05.
(13) It will provide any Member with technical data or any other information of which
the Commission has knowledge which will assist the governmental unit in
preparing land use classifications or local water management plans within the
Watershed.
(14) It may provide legal and technical assistance in connection with litigation or other
proceedings between one or more of its Members and any other political
subdivision, commission, board or agency relating to the planning or construction
of facilities to drain or pond storm waters or relating to water quality within the
Watershed. The use of Commission funds for litigation will be only upon a
favorable vote of a majority of Voting Commissioners.
(15) It may accumulate reserve funds for the purposes herein mentioned and may
invest funds of the Commission not currently needed for its operations, in the
manner and subject to the laws of Minnesota applicable to statutory cities.
(16) It may collect monies, subject to the provisions of this Agreement, from its
Members, Hennepin County, and from any other source approved by a majority
of its Board.
(17) It may make contracts, incur expenses and make expenditures necessary and
incidental to the effectuation of these purposes and powers and may disburse
therefor in the manner hereinafter provided.
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(18) It will cause to be made an annual audit of the books and accounts of the
Commission by a certified public accountant or the State Auditor, and will
transmit a copy of the annual audit to BWSR and, on request, a Member. Its
books, reports, and records will be available for and open to inspection by the
Members at all reasonable times.
(19) It will make and file a report to its Members at least once annually containing, at
minimum, the following information: (i) the approved budget; (ii) a reporting of
revenues; (iii) a reporting of expenditures; (iv) a financial audit report that
includes a balance sheet, a classifications of revenues and expenditures, an
analysis of changes in the final balances, and any additional statements
considered necessary for full financial disclosure; (v) the status of all Commission
projects and work within the Watershed; and (vi) the business transacted by the
Commission and other matters which affect the interests of the Commission.
(20) It may recommend changes in this Agreement to the Members.
(21) It may exercise all other powers necessary and incidental to the implementation
of the purposes and powers set forth herein and as outlined and authorized by
Minn. Stat. §§ 103B.201 through 103B.251.
(22) It will cooperate with the State of Minnesota, the Commissioner of Natural
Resources and the Director of the Division of Waters, Soils and Minerals of the
Department of Natural Resources in complying with the requirements of Minn.
Stat., chap. 103G.
(23) It will establish a procedure for establishing citizen or technical advisory
committees and to provide other means for public participation.
(b) Powers Reserved. The Board does not have any of the powers identified in this
subsection (b). Expressly identifying specific powers reserved is not intended to
expand, by negative implication, the powers granted above to the Board.
(1) Eminent Domain. The Commission does not have the power of eminent domain.
Any easements or other interests in land necessary for any Board-ordered project
will be acquired as provided below.
(2) Real Property. The Commission may not own any interest in real property. All
such interests, if necessary for any Board-ordered project, will be held in the name
of a Member wherein said lands are located or another public or private entity, as
the case may be.
(3) Bonding. The Commission does not have the power to issue certificates, warrants
or bonds.
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(4) Special Assessments. The Commission does not have the power to levy a special
assessment upon any privately or publicly owned land. All such assessments, if
deemed necessary as part of a Board-ordered project, will be levied by the
Member wherein said lands are located and in accordance with Minnesota
Statutes, chapter 429. The Commission does, however, have the power to require
any Member to contribute the costs allocated or assessed according to other
provisions of this Agreement.
(c) Members. For the avoidance of doubt, each Member reserves the right to conduct
separate or concurrent studies on any matter under study by the Commission.
4.2 Collection or Diversion of Waters. Each Member agrees that it will not directly or
indirectly allow the collection or diversion of any additional surface water to the Mississippi River
or its tributaries without adherence to all Commission rules and requirements.
4.3 Projects.
(a) The Board may undertake projects, including those provided in its capital improvement
program, in accordance with the Watershed Management Plan. Prior to ordering any
project or otherwise holding a public hearing as may be required under section
103B.251, the Commission will secure from its engineers or some other competent
person a report advising as to whether the proposed improvement is feasible, whether
it will best be made as proposed or in connection with some other improvement, the
estimated cost of the improvement, and the proposed allocation of costs, including
whether one or more Members will incur any such costs. A resolution setting forth the
order for any capital improvement project requires a favorable vote by two-thirds of
Voting Commissioners. When ordering any project, the Commission resolution will
further include an allocation of costs for the project and a designation of which
Member(s) or entity will contract for and fund the project. Such resolution may also
designate the engineers to prepare plans and specifications.
Any Member aggrieved by the determination of the Board as to the allocation of the
costs of a project has 30 days after the Commission resolution ordering the same to
appeal said determination. Said appeal must be in writing and directed to the Board
asking for arbitration. The determination of the Member's appeal will be referred to a
Board of Arbitration. The Board of Arbitration will consist of three persons; one to be
appointed by the Commission’s Board, one to be appointed by the appealing Member,
and the third to be appointed by the two persons so selected. In the event the two
persons so selected do not appoint the third person within 15 days after their
appointment, then the Chief Judge of the District Court of Hennepin County will have
jurisdiction to appoint, upon application of either or both of the two earlier selected,
the third person to the Board of Arbitration. The third person selected must not be a
resident of any Member city and if appointed by the Chief Judge said person must be a
registered professional engineer. The arbitrators’ expenses and fees, together with the
other expenses, not including counsel fees, incurred in the conduct of the arbitration
will be divided equally between the Commission and the appealing Member.
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Arbitration will be conducted in accordance with the Uniform Arbitration Act, Chapter
572B of Minnesota Statutes.
(b) Projects Implemented by Members and Others. For any project that will be constructed
by one or more Members on behalf of the Commission and reimbursed in whole or part
by the Commission, to the extent authorized by the Commission, the Member(s)
responsible for implementing the project and the Commission will enter into a
cooperative agreement providing for all Commission-required terms and conditions
related to the project and any such reimbursement. The Commission may also
implement a project with a non-Member public or private entity in the same manner, if
construction by such entities is deemed appropriate by the Commission.
(c) Commission Projects. The Board may also undertake and contract for projects in the
Commission’s name, in accordance with the Watershed Management Plan and all
applicable laws and regulations related to public procurement. Approval of
Commission contracts for a capital improvement requires a favorable vote by two-
thirds of Voting Commissioners.
(d) County Funding. If the Commission proposes to certify all or any part of the cost of a
capital improvement project for payment by Hennepin County via its levy or bonding
authority, as set forth in Minn. Stat. § 103B.251, all proceedings will be carried out in
accordance with the provisions set forth in said section 103B.251, as amended.
(e) Contracts for Improvements. All contracts which are to be let as a result of the
Commission’s ordering of a project must comply with the requirements of laws
applicable to contracts let by the respective party making such contract. The
Commission does not have the authority to contract in its own name for any work for
which a special assessment will be levied against any private or public property under
the provisions of Minnesota Statutes, chapter 429 or any city charter, and such contracts
must be awarded by action of the governing body of a Member and must be in the name
of said Member. This subsection does not preclude the Commission from proceeding
under Minnesota Statutes, Section 103B.251 or from otherwise proceeding under
subsection 4.3(c) for projects that will not be specially assessed under chapter 429.
All improvement contracts will be duly supervised by the party awarding said contract,
provided, however, that the Commission is authorized to observe and review the work
in progress and the Members agree to cooperate with the Commission staff in
accomplishing the purposes of this Commission. Representatives of the Commission
also have the right to enter upon the place or places where any improvement work is in
progress for the purpose of making reasonable tests and inspections. Commission staff
will report, advise and recommend to the Board on the progress of said work.
(f) Land Acquisition. Because the Commission does not have the power to acquire real
property, the Members agree that any and all easements or interests in land which are
necessary for any project will be negotiated or condemned in accordance with all
applicable laws by the Member wherein said lands are located, and each Member
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agrees to acquire the necessary easements or interests in such land upon order of the
Commission to accomplish the purposes of this Agreement. All reasonable costs of said
acquisition will be considered as a cost of the respective improvement. If a Member
determines it is in the best interests of that Member to acquire additional lands in
conjunction with the acquisition of lands for the Commission-ordered improvement,
for some other purpose, the costs of said acquisition will not be included in the
improvement costs of the ordered project and the Commission will not reimburse such
costs. The Board in determining the allocation of the improvement costs may take into
consideration the land use for which said additional lands are being acquired and may
credit the acquiring Member for said land acquisition to the extent that it benefits the
other Members of this Agreement. Any credits may be applied to the cost allocation of
the improvement project under construction or the Board, if feasible and necessary,
may defer said credits to a future project.
If any Member refuses to negotiate or condemn lands as ordered by the Board, any
other Member may negotiate or condemn outside of its corporate limits in accordance
with applicable laws. All Members agree that they will not condemn or negotiate for
land acquisition to pond or drain storm and surface waters within the corporate
boundaries of another Member except upon order of the Board. The Commission has
authority to establish land acquisition policies as a part of the overall Watershed
Management Plan. The policies must be designed to equalize costs of land throughout
the Watershed.
4.4 Emergency Projects. The Commission may perform emergency projects in accordance
with Minn. Stat. § 103B.252.
4.5 Local Water Management Plans.
(a) Development. Each Member agrees to develop and maintain a local water management
plan, capital improvement program, and official controls as necessary to bring local
water management into conformance with the Watershed Management Plan. The
development and implementation of local water management plans will conform with
all requirements of the Act, including Minn. Stat. § 103B.235 and Minn. R., part
8410.0160, as amended. In accordance with the Act, the Board will approve or
disapprove each local plan or any parts of each plan. Every effort will be made by the
Commission and all Members to coordinate local plans with the Watershed’s overall
plan, including planning for local plans at the same time the Watershed’s overall plan
is being developed.
(b) Review. Each Member will submit its proposed local water management plan to the
Metropolitan Council and the Board for review as required by Minn. Stat. § 103B.235.
The Board will consider any comments on local water management plans received from
the Metropolitan Council and thereafter act on said plans in accordance with the Act.
4.6 Pollution Control and Water Quality. The Commission has the authority and responsibility
to protect and improve water quality in the Watershed as this is one of the main purposes set forth
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in the Act. All Members agree that they will refuse to allow the drainage of sanitary sewage or
industrial wastes onto any land or into any watercourse or storm sewer draining into Bassett Creek.
The Board may investigate on its own initiative and will investigate upon petition of any Member
all complaints relating to pollution of surface water or groundwater draining into or affecting
Bassett Creek or its tributaries. Upon a finding that the creek or surface waters or groundwater are
being polluted, the Board may order the Member to abate this nuisance and each Member agrees
that it will take all reasonable action available to it under the law to alleviate the pollution and to
assist in protecting and improving the water quality of surface water and groundwater in the
Watershed.
4.7 Boundary Changes. Any changes to the boundaries of the watershed must be undertaken
in accordance with Minn. Stat. § 103B.215, as it may be amended.
SECTION V
FINANCES
5.1 Generally.
(a) Authority. Commission funds may be expended by the Board in accordance with this
Agreement and in accordance with the procedures as established by law and in the
manner as may be determined by the Board. In no event will there be a disbursement
of Commission funds without the signature of at least two Board members, one of
whom must be the Treasurer or the Treasurer’s Authorized Deputy Treasurer, except
to the extent the Commission delegates general or specific authority to the Commission
administrator to disburse Commission funds. The Treasurer is required to file with the
Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as
determined by the Board. The Commission will pay the premium on said bond.
(b) Depository. The Board will designate one or more national or state bank or trust
companies, as authorized under Minnesota law, to receive deposits of public moneys
and to act as depositories for the Commission funds.
5.2 Member Contributions. Each Member agrees to contribute each year to a fund to be used
for general administration purposes including, but not limited to: salaries, rent, supplies,
development of the Watershed Management Plan, engineering and legal expenses, insurance, and
bonds, and to purchase and maintain any personal property deemed necessary by the Commission
in furtherance of its purposes and powers as articulated in this Agreement. Said funds may also be
used for normal maintenance of any facilities, but any extraordinary maintenance or repair expense
will be treated as an improvement cost and processed in accordance with section 5.3 of this
Agreement. Fifty percent (50%) of the annual budget for this general administration fund shall be
allocated among the Members based upon the net tax capacity of all property within each
Member’s respective boundaries compared to the net tax capacity of all property within the
Watershed, and the remaining fifty percent (50%) shall be allocated among the Members based on
the total area within each Member’s jurisdictional boundary that lies within the boundary of the
Watershed compared to the total area of all property within the Watershed. In no event will any
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assessment hereunder require a contribution to exceed one-half of one percent of the net tax
capacity within the Watershed.
5.3 Capital Project Funding.
(a) Project Funding; Commission Contributions. In addition to any amount to be
contributed by any Member or other private or public entity, as the case may be and as
specified in the Board’s resolution ordering the project, the Commission may, by a two-
thirds vote of Voting Commissioners, proceed to fund all or any part of the cost of a
capital improvement contained in the Watershed Management Plan pursuant to the
authority and subject to the provisions set forth in Minn. Stat. § 103B.251.
(b) Maintenance Levy. The Commission may establish a maintenance fund to be used for
normal and routine maintenance of a work of improvement constructed in whole or part
with money provided by Hennepin County. As provided in Minn. Stat. § 103B.251,
subd. 9, the Board may impose, with the county’s consent, an ad valorem levy on all
property located within the territory of the Watershed or a subwatershed unit. The levy
will be certified, levied, collected, and distributed as provided in sections 103D.915
and 103D.921, as amended, and will be in addition to any other money levied and
distributed by the county to the Commission. Mailed notice of any hearing required
under the aforementioned statutes will be sent to the clerk of each Member municipality
at least 30 days prior to the hearing. The proceeds of said maintenance levy will be
deposited in a separate maintenance and repair account to be used only for the purpose
for which the levy was made.
5.4 Budget; Member Assessments.
(a) Adoption. On or before July 1 of each year, the Board will adopt a detailed budget for
the ensuing year and decide upon the total amount necessary for the general fund.
Budget approval requires a favorable vote by a majority of Voting Commissioners. The
budget must not in any event require any Member to contribute annually in excess of
one-half of one percent of the net tax capacity of all taxable property within the
Watershed and within said Member’s corporate boundaries.
(b) Certification to Members. The secretary of the Board will certify the budget on or
before July 1 to the clerk of each Member together with a statement of the proportion
of the budget to be provided by each Member.
(c) Member Review. The governing body of each Member agrees to review the budget,
and the Board will upon written notice from any Member received prior to August 1,
hear objections to the budget, and may, upon notice to all Members and after a hearing,
modify or amend the budget, and then give notice to the Members of any and all
modifications or amendments. Modifications or amendments to the original budget
require a favorable vote by a majority of Voting Commissioners.
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(d) Member Assessments. Each Member agrees to provide the funds required by the
approved budget and contemplated under section 5.2. If no objections are submitted to
the Board, each Member agrees to provide the funds approved by the Board after the
Board has conducted the process required in this Agreement. The schedule of
payments by the Members will be determined by the Board in such a manner as to
provide for an orderly collection of the funds needed.
(e) Supplemental Budget. Upon notice and hearing, the Board by a favorable vote of a
majority of Voting Commissioners may adopt a supplemental budget requiring
additional payments by the Members within 60 days of its adoption but in no event will
the budget require any Member to contribute in excess of one-half of one percent of
the net tax capacity of all taxable property within the Watershed or within the Member's
corporate boundaries in any one calendar year.
5.5 Cost Allocation for Capital Projects. All capital costs incurred by the Commission will be
apportioned to the respective Members on any of the following bases:
(a) County Levy. If the project is constructed and financed pursuant to Minn. Stat. §
103B.251, the Members understand and agree that said costs will be levied on all
taxable property in the Watershed as set forth in said statute.
(b) Negotiated Amount. Members who have lands in the subdistrict that is responsible for
the capital improvement may negotiate an amount to be contributed by each Member
thereof.
(c) Tax Capacity and/or Total Area.
(1) Fifty percent of all capital costs or the financing thereof will be apportioned to
each Member on the basis of the net tax capacity of each Member within the
boundaries of the Watershed each year to the total net tax capacity in the
Watershed.
(2) Fifty percent of all capital costs or the financing thereof will be apportioned to
each Member on the basis of the total area of each Member within the boundaries
of the Watershed each year to the total area in the Watershed.
(3) Capital costs allocated under the 50% area/50% net tax capacity formula set forth
above may be varied by a two-thirds vote of Voting Commissioners if:
(i) any Member community receives a direct benefit from the capital
improvement which benefit can be defined as a lateral as well as a trunk
benefit, or
(ii) the capital improvement provides a direct benefit to one or more Members
which benefit is so disproportionate as to require in a sense of fairness a
modification in the 50/50 formula.
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(4) Credits to any Member for lands acquired by said Member to pond or store storm
and surface water will be allowed against costs set forth in subsections (c)(1),
(c)(2) and (c)(3) of this section.
SECTION VI
MISCELLANEOUS PROVISIONS
6.1 Term. This Agreement is effective as of January 1, 2025 and will remain in effect until
January 1, 2033 unless terminated earlier as provided herein. The Members may agree to continue
this Agreement as the preferred method for addressing their obligation to address surface water
issues under law.
6.2 Liability. For the avoidance of doubt, the Commission is considered a single governmental
unit for purposes of total liability for damages pursuant to Minn. Stat. § 471.59, subd. 1a(b).
6.3 Termination. This Agreement may be terminated prior to January 1, 2033, by the
unanimous consent of the Members. If the Agreement is to be so terminated, a notice of the intent
to dissolve the Commission must be sent to BWSR and Hennepin County at least 90 days prior to
the date of dissolution.
6.4 Dissolution. In addition to the manner provided in section 6.3 for terminating this
Agreement, any Member may petition the Board to dissolve the Agreement. Following such
petition, and upon 90 days’ notice in writing to the clerk of each Member and to BWSR and
Hennepin County, the Board will hold a public hearing and upon a favorable vote by a majority of
Voting Commissioners, the Board may by resolution recommend that the Commission be
dissolved. Said resolution will then be submitted to each Member and if ratified by three-fourths
of the governing bodies of all Members within 60 days, said Board must dissolve the Commission,
allowing a reasonable time to complete work in progress and to dispose of personal property owned
by the Commission.
6.5 Distribution of Assets. If this Agreement is terminated and not replaced with a new
agreement providing for the continued operation of the Commission, or if the Commission is
dissolved, all property of the Commission will be sold and the proceeds thereof, together with
monies on hand, will be distributed to the Members of the Commission. Such distribution of
Commission assets will be made in proportion to the total contribution to the Commission as
required by the last annual budget.
[signature pages to follow]
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IN WITNESS WHEREOF, the Members have entered into this Agreement by action of
their respective governing bodies effective as of January 1, 2025.
CITY OF CRYSTAL
By:
Its:
By:
Its:
Date:
65
S-2
CITY OF GOLDEN VALLEY
By:
Its:
By:
Its:
Date:
66
S-3
CITY OF MEDICINE LAKE
By:
Its:
By:
Its:
Date:
67
S-4
CITY OF MINNEAPOLIS
By:
Its:
By:
Its:
Date:
68
S-5
CITY OF MINNETONKA
By:
Its:
By:
Its:
Date:
69
S-6
CITY OF NEW HOPE
By:
Its:
By:
Its:
Date:
70
S-7
CITY OF PLYMOUTH
By:
Its:
By:
Its:
Date:
71
S-8
CITY OF ROBBINSDALE
By:
Its:
By:
Its:
Date:
72
S-9
CITY OF ST. LOUIS PARK
By:
Its:
By:
Its:
Date:
73
AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE
ESTABLISHMENT OF A BASSETT CREEK WATERSHED MANAGEMENT
ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT
OF BASSETT CREEK
(Showing Changes Effective August 29, 2014)
PREFACE
In1968, the nine cities with land in the Bassett Creek watershed entered into a joint
powers agreement which established the Bassett Creek Flood Control Commission. For the past
25 years the Commission, consisting primarily of citizen volunteers and city staff members who
have volunteered their time, have worked long and hard to achieve the goals set forth when the
commission was established. An overall watershed management plan was prepared and approved
after public hearings. The Commission has received technical advice from the United States
Army Corps of Engineers in their planning and has obtained the support and aid of all United
States Senators and Congressional Representatives representing the /member cities. In 1976 the
Commission and the Corps of Engineers were successful in having Bassett Creek included in the
1976 Water Resources Development Act (Section 173 Public Law 94-587). The Board of
Engineers for Rivers and Harbors submitted a favorable report to the Secretary of the Army on
March 30,1977. The Secretary of the Army has by letter under date of June 19, 1978 notified the
U. S. Congress of the approval of the Chief of Engineers.
The Bassett Creek Flood Control Commission has participated with the Minnesota
Department of Transportation, the Federal Highway Administration, the City of Minneapolis and
the Corps of Engineers in the planning and construction of a deep tunnel in Minneapolis which is
designed to carry Bassett Creek under a portion of the City of Minneapolis. The Commission has
held hearings and approved and ordered upstream construction in the cities of Golden Valley,
Plymouth, Minneapolis, and Crystal. The local share of these costs is being paid by the nine
member communities pursuant to an agreement consistent with the funding requirements set
forth in Articles VII and VIII of the joint powers agreement which has been in effect from 1968
to 1993. The prior joint powers agreement contained the following "Statement of Intent":
STATEMENT OF INTENT REGARDING
AGREEMENT
"Bassett Creek leaves Medicine Lake and flows generally eastward through the Village
of Medicine Lake, Plymouth, Golden Valley and into the City of Minneapolis. In Minneapolis,
the creek is channeled into a conduit and runs underground to the Mississippi River to its
eventual outfall. As the creek runs through the aforementioned communities it collects storm
waters and in effect acts as the storm sewer for a large densely populated area and large
unpopulated area. It also carries waters channeled to it or naturally flowing to it from the
Villages of Minnetonka and New Hope and the Cities of Crystal, Robbinsdale, and St. Louis
Park.
For a long time the improvement and development of this creek to carry the increased
quantity of storm water has been needed to allow for the orderly planning and development of
453434v1 BA295-1 1
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the up-stream communities who must rely on the creek as the outfall for storm waters collected
or naturally flowing from areas within these communities. As the communities contributing
water to the creek have grown, and the lands naturally draining into the creek have been covered
with buildings and hard surfaced areas, the ability of the creek and its appurtenant facilities to
accommodate the water has diminished. Studies have been conducted by the municipalities both
individually and collectively and a study has been made by the United States Army Corps of
Engineers. The threat of flood damage increases each year with the increased use of land in the
watershed area.
The nine member communities have been meeting over a number of years in an effort to
solve the storm water problems in the watershed drained by Bassett Creek. Each year it becomes
more apparent that solutions must be sought to allow for a more orderly and efficient planning of
the area and to allow the individual communities to plan storm sewer facilities which must be
constructed to serve lands within the individual communities. It is also apparent to all nine
municipalities that planning and construction to control the Bassett Creek cannot be done on the
basis of each community looking at its individual problems. The creek downstream must be
improved to accommodate the waters which will eventually be channeled and diverted to the
outfall. To determine the downstream improvements it is necessary to know how much water
will be contributed by the individual communities upstream and how much storm water will be
retained in ponding areas upstream and the area of lands within the watershed which will be
controlled by the individual communities as "open lands" and which will not contribute as much
storm water as lands which are developed residentially, commercially, or for industrial purposes.
All of the nine communities within the Bassett Creek watershed recognize the aforestated
problems. In seeking solutions to the overall drainage problem it becomes apparent that the only
way the problems can be solved is by joint planning, joint cooperation, joint financing and a
sincere desire on the part of each community to solve the overall drainage problem within the
watershed. This means that some agency, commission, district, corporation, political subdivision,
or other vehicle must be found to plan and finance improvements to and to control the
development of lands within the watershed. Chapter 112 of the Minnesota Statutes provides for
the formation of a watershed district with the powers and duties of conserving and controlling
water and watercourses within a watershed. The creation of such a district creates a new political
subdivision with the power to sue or be sued, to incur debts, liabilities and obligations, to
exercise the powers of eminent domain, to provide for assessments, to borrow money and issue
bonds and to do all other acts necessary to carry out the powers vested in the district by said
Chapter 112. The managers of the district would be appointed by the Minnesota Water
Resources Board and subsequent appointments would be by the Board of County Commissioners
of Hennepin County. It is the belief of the parties to this agreement that the creation of such a
district would remove control one step further from the electorate and the residents of this
watershed area who ultimately would pay the costs of the aforesaid improvements. It would also
create another political subdivision which would have to plan and work with the individual
parties to this agreement to solve the storm water and drainage problems within the watershed.
The purpose of this statement of intent regarding the agreement is to clarify and establish
for any court of review or any arbitrator or for the elected successors to the representatives who
have entered into this agreement, the reasons and purposes for this joint and cooperative
agreement. The parties to this agreement realize that the success or failure of the Bassett Creek
453434v1 BA295-1 2
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Flood Control Commission created by this agreement is dependent upon the sincere desire of
each member community to cooperate in the exercise of a joint power to solve a joint problem.
Each party to this agreement pledges this cooperation."
It is the intent of this amended agreement to carry forward the same purposes as
aforestated and to revise the Joint Powers Agreement to meet the mandates of Minnesota
Statutes, Sections 103B. 201 through 103B. 251 and Minnesota Rules (Chapter 8410 relating to
"Metropolitan Area Local Water Management". This amended agreement shall continue the
existence of a Watershed Management Organization in accordance with the provisions of the
Metropolitan Surface Water Management Act as set forth in Minnesota Statutes 1992 Sections
103B. 201 to and including 103B. 251. The organization hereby created shall have all of the
powers and responsibilities set forth in said statutes for the Bassett Creek Watershed. The
purpose of the organization shall be to assist the 9 member communities to preserve and use
natural water storage and retention systems to:
1. Protect, preserve, and use natural surface and groundwater storage and retention
systems;
2. Minimize public capital expenditures needed to correct flooding and water quality
problems;
3. Identify and plan for means to effectively protect and improve surface water and
groundwater quality;
4. Establish more uniform local policies and official controls for surface water and
groundwater quality:
5. Prevent erosion of soil into surface water systems;
6. Promote groundwater recharge;
7. Protect and enhance fish and wildlife habitat and water recreational facilities;
8. To secure other benefits associated with the proper management of surface water.
9. To promote and encourage cooperation among member cities in coordinating
local surface water and groundwater plans and to be aware of their neighbor's
problems and to protect the public health, safety, and general welfare.
10. To continue the work of the Bassett Creek Water Management Commission and
to carry out the plans, policies and programs developed by said Commission
from1968 to 1993.
JOINT AND COOPERATIVE AGREEMENT
The parties to this Agreement are governmental units of the State of Minnesota, all of
which have lands which drain surface water into Bassett Creek and all of which have power to
construct, reconstruct, extend and maintain storm water management facilities. This agreement is
made pursuant to the authority conferred upon the parties by Minnesota Statutes 1992, Sections
471.59 and 103B. 201 to and including Section 103B. 251.
453434v1 BA295-1 3
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NAME
I.
The parties hereto create and establish the Bassett Creek Watershed Management
Commission.
GENERAL PURPOSE
II.
The general purpose of this agreement is to provide an organization which can
investigate, study, plan and control the construction of facilities to drain or pond storm waters, to
alleviate damage by flood waters; to improve the creek channel for drainage; to assist in planning
for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part,
drainage systems within the watershed area; and to do whatever is necessary to assist in water
conservation and the abatement of surface water and groundwater contamination and water
pollution. In addition to the aforestated purposes, the organization hereby created shall serve as
the organization for the Bassett Creek watershed and shall carry out all of the duties and
responsibilities outlined in Minnesota Statutes, Section 103B. 201 through 103B. 251, both
inclusive.
DEFINITIONS
III.
For the purposes of this agreement, the terms used herein shall have the meanings as
defined in this article.
Subdivision 1. "Commission" means the organization created by this agreement, the full
name of which is "Bassett Creek Watershed Management Commission." It shall be a public
agency of its members.
Subdivision 2. "Board" means the Board of commissioners of the Commission,
consisting of one commissioner or one alternate commissioner from each of the governmental
units which is a party to this agreement and which shall be the governing body of the
Commission.
Subdivision 3. "Council" means the governing body of a governmental unit which is a
member of this Commission.
Subdivision 4. "Governmental Unit" means any city, county, or town.
Subdivision 5. "Member" means a governmental unit which enters into this agreement.
Subdivision 6. "Bassett Creek Watershed" means the area contained within a line drawn
around the extremities of all terrain whose surface drainage is tributary to Bassett Creek and
within the mapped areas delineated on the map filed with the Board of Water and Soil Resources
originally filed pursuant to Minnesota Statutes, 473.877, Subd. 2 and as now amended by
Minnesota Statutes, Chapter 103B.
453434v1 BA295-1 4
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MEMBERSHIP
IV.
The membership of the Commission shall consist of all of the following governmental
units as shall elect, through resolution or ordinance adopted by their respective Councils, to
become members:
City of Crystal
City of Golden Valley
City of Medi cine Lake
City of Minneapolis
City of Minnetonka
City of New Hope
City of Plymouth
City of Robbinsdale
City of St. Louis Park
(The foregoing list is intended to include all governmental units which are presently partially or
entirely within the Bassett Creek Watershed.)
No change in governmental boundaries , structure or organizational status shall affect the
eligibility of any governmental unit listed above to be represented on the Commission, so long as
such governmental unit continues to exist as a separate political subdivision.
BOARD OF COMMISSIONERS
V.
Subdivision 1. The governing body of the Commission shall be its Board. Each member
shall be entitled to appoint one representative on the Board, and one alternate who may sit when
the representative is not in attendance and said representative or alternate representative shall be
called a "Commissioner".
Subdivision 2. The council of each member shall determine the eligibility or qualification
of its representative on the Commission but the terms of each Commissioner shall be as
established by this agreement.
Subdivision 3. The term of each Commissioner and Alternate Commissioner appointed
by each member shall be three years and until their successors are selected and qualify and shall
453434v1 BA295-1 5
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commence on February l, except that the terms of the Commissioners first appointed shall
commence from the date of their appointment and shall terminate as follows:
a. The Commissioners appointed by the Cities of Crystal, Golden Valley, and
Medicine Lake shall terminate on February 1, 1994.
b. The Commissioners appointed by the Cities of Minneapolis, Minnetonka, and
New Hope shall terminate on February 1, 1995.
c. The Commissioners appointed by the Cities of Plymouth, Robbinsdale, and St.
Louis Park shall terminate on February 1, 1996.
Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the
governmental unit of the member who appointed said Commissioner. The Commission shall
notify the Board of Water and Soil Resources of member appointments and vacancies within 30
days after the Commission is notified by a member. Each member agrees to publish a notice of
vacancies resulting from the expiration of a Commissioner's or Alternate Commissioner's term or
where a vacancy exists for any reason. Publication and notice shall be in accordance with
Minnesota Statutes, Section 103B.227, Subds. 1 and 2, as they now exist or as subsequently
amended.
Subdivision 4. The council of each member agrees that its representative commissioner
will not be removed from the Board prior to the expiration of the Commissioner's term, unless
said Commissioner consents in writing or unless said council has presented the Commissioner
with charges in writing and has held a public hearing after reasonable notice to the
Commissioner. A member may remove a Commissioner or an Alternate Commissioner for just
cause or for violation of a Code of Ethics established by the Commission or by the Member City
or for malfeasance, nonfeasance, or misfeasance. Said hearing shall be held by the Member City
Council who appointed the Commissioner. A Commissioner or Alternate Commissioner who is
an elected officer of a Member City who is not reelected may be removed by the appointing
Member City at the appointing Member's discretion. Any decision by a Member to remove a
Commissioner or Alternate Commissioner may be appealed to the Board of Water and Soil
Resources. A certified copy of the Council's Resolution removing said Commissioner shall be
filed with the Secretary of the Board of Commissioners and shall show compliance with the
terms of this section.
Subdivision 5. Each member shall within 30 days of appointment file with the Secretary
of the Board of Commissioners a record of the appointment of its Commissioner and Alternate
Commissioner. The Commission shall notify the Board of Water and Soil Resources of Member
appointments and vacancies within 30 days after receiving notice from the Member. Members
shall fill all vacancies within 90 days after the vacancy occurs.
Subdivision 6. Commissioners shall serve without compensation from the Commission,
but this shall not prevent a governmental unit from providing compensation for its Commissioner
for serving on the Board, if such compensation is authorized by such governmental unit and by
law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner
for expenses incurred in performing Commission business and if authorized by the Board.
453434v1 BA295-1 6
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Subdivision 7. At the first meeting of the Board and in February of each year thereafter,
the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer , and
such other officers as it deems necessary to conduct its meetings and affairs. At the
organizational meeting or as soon thereafter as it may be reasonably done, the Commission shall
adopt rules and regulations governing its meetings. Such rules and regulations may be amended
from time to time at either a regular or a special meeting of the Commission provided that a ten
day prior notice of the proposed amendment has been furnished to each person to whom notice
of the Board meetings is required to be sent; a majority vote of all eligible votes of the then
existing members of the Commission shall be sufficient to adopt any proposed amendment to
such rules and regulations.
The Board shall notify each Member City of the location and time of regular and special
meetings called by the Board. A meeting shall be held at least annually, and all meetings shall be
called and open to the public pursuant to Minnesota Statutes, Section 471.705, or as amended.
POWERS AND DUTIES OF THE BOARD
VI.
Subdivision l. The Commission, acting by its duly appointed Board of Commissioners,
shall as it relates to flood control, water quality, ground water recharge and water conservation or
in its construction of facilities and other duties as set forth in Minnesota Laws have the powers
and duties set out in this article.
Subdivision2. It may employ such persons as it deems necessary to accomplish its duties
and powers. Any employee may be on a full time, part time or consulting basis as the Board
determines.
Subdivision 3. It may contract for space and for material and supplies to carry on its
activities either with a member or elsewhere.
Subdivision 4. It may acquire necessary personal property to carry out its powers and its
duties.
Subdivision 5. It shall develop an overall plan containing a capital improvement program
within a reasonable time after qualifying, and said plan shall meet all of the requirements as
established in Minnesota Statutes, Chapter103B. Said overall plan shall establish a
comprehensive goal for the development of Bassett Creek and shall establish a proposed
procedure for accomplishing the purposes of the organization as set forth in Article II.
In preparing the overall plan, the Board may consult with the engineering and planning
staff of each member governmental unit. It may consult with the Metropolitan Council and other
public and private bodies to obtain and consider projections of land use, population growth, and
other factors which are relevant to the improvement and development of the Bassett Creek
watershed.
453434v1 BA295-1 7
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Said overall plan shall include the location and adequacy of the outlet or outfall of said
Bassett Creek. The plan shall include the quantity of storage facilities and the sizing of an
adequate outlet for all branch lateral storm sewers within the Bassett Creek watershed. The plan
shall comply with state statutes and regulations promulgated and adopted by the Board of Water
and Soil Resources.
Upon completion of the overall plan, or amendments thereto, the Board shall supply each
member with a copy of the proposed plan and shall submit the plan for review and comment to
Hennepin County, all soil and water conservation districts in Hennepin County and to all
statutory and home rule charter cities having territory within the watershed. All governmental
units which expect that substantial amendment of its local comprehensive plan will be necessary
in order to bring their local water management into conformance with the Commission's
watershed plan shall describe as specifically as possible, the amendments to the local plan which
it expects will be necessary. The Commission shall hold a public hearing after 60 days mailed
notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be
sent at the same time the plan is submitted to the members and to other governmental agencies.
After such public hearing, the Board shall prescribe the overall plan which shall be the outline
for future action by the Commission.
The Commission shall then submit the plan, any comments received and any appropriate
amendments to the plan to the Board of Commissioners of Hennepin County. The County shall
approve or disapprove projects in the capital improvement program which may require the
provision of county funds pursuant to Minnesota Statutes Sections103B. 251or103D. 901. The
County shall have 60 days to complete its review. If the County fails to complete its review
within 60 days the plan and capital improvement programs shall be deemed approved.
After completion of the review by Hennepin County, the plan and capital improvement
program shall be submitted to the Metropolitan Council for its review. After completion of the
review by the Metropolitan Counci1 pursuant to Minnesota Statutes, Section103B. 231, Subd. 8,
the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and
the Minnesota Pollution Control Agency for review and comment on the consistency of the plan
with state laws and rules relating to water and related land resources and to the Board of Water
and Soil Resources for review as provided in Minnesota Statutes, Section 103B. 231, Subd. 9.
After return of the plan, the Commission shall submit to each of its members a copy of
the plan and all comments of the reviewing authorities. The Commission shall wait for at least 30
days for comments from the members. The Commission shall adopt the overall plan within 120
days after approval of the plan by the Board of Water and Soil Resources. The Commission shall
then implement the approved plan and approved capital improvement program by resolution of
the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a
favorable vote of a majority of all eligible votes of the then existing members of the
Commission. A copy of the adopted plan shall be filed with the clerk of each member
governmental unit. Upon notice and hearing as provided for in adopting the overall plan , said
plan may be amended by the Board on its own initiative or on the petition of any member
governmental unit.
453434v1 BA295-1 8
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The review provisions set forth in this section are those required by Minnesota Statutes,
Section103B. 231. If the law is amended, approvals shall be as required by law and the
provisions contained in this section shall be amended accordingly.
Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data
and develop projects to accomplish the purposes for which the Commission is organized.
Subdivision 7. It may cooperate or contract with the State of Minnesota or any
subdivision thereof or federal agency or private or public organization to accomplish the
purposes for which it is organized.
Subdivision 8. It may order any member governmental unit or units to construct, clean,
repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain,
storm sewer, or water course, natural or artificial, within the Bassett Creek watershed.
Subdivision 9. It may order any member governmental unit or units to acquire, operate,
construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements
necessary to implement the overall plan.
Subdivision 10. It shall regulate, conserve and control the use of storm and surface water
and groundwater within the Bassett Creek watershed.
Subdivision 11. It may contract for or purchase such insurance as the Board deems
necessary for the protection of the Commission.
Subdivision 12. It may establish and maintain devices for acquiring and recording
hydrological and water quality data within the Bassett Creek watershed.
Subdivision 13. It may enter upon lands within or without the watershed to make surveys
and investigations to accomplish the purposes of the Commission. The Commission shall be
liable for actual damages resulting therefrom but every person who claims damages shall serve
the Chairman or Secretary of the Board of Commissioners with a Notice of Claim as required by
Chapter 466.05 of the Minnesota Statutes.
Subdivision 14. It shall provide any member governmental unit with technical data or any
other information of which the Commission has knowledge which will assist the governmental
unit in preparing land use classifications or local water management plans within the watershed.
Subdivision 15. It may provide legal and technical assistance in connection with
litigation or other proceedings between one or more of its members and any other political
subdivision, commission, Board or agency relating to the planning or construction of facilities to
drain or pond storm waters or relating to water quality within the Bassett Creek watershed. The
use of commission funds for litigation shall be only upon a favorable vote of a majority of the
eligible votes of the then existing members of the Commission.
Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and
may invest funds of the Commission not currently needed for its operations, in the manner and
subject to the laws of Minnesota applicable to statutory cities.
453434v1 BA295-1 9
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Subdivision 17. It may collect monies, subject to the provisions of this agreement, from
its members, Hennepin County and from any other source approved by a majority of its Board.
Subdivision 18. It may make contracts, incur expenses and make expenditures necessary
and incidental to the effectuation of these purposes and powers and may disburse therefor in the
manner hereinafter provided.
Subdivision 19. It shall cause to be made an annual audit by a certified public accountant
or the state auditor of the books and accounts of the Commission and shall make and file a report
to its members at least once each year including the following information:
a. the approved budget;
b. a reporting of revenues;
c. a reporting of expenditures;
d. a financial audit report or section that includes a balance sheet, a classification of
revenues and expenditures, an analysis of changes in final balances, and any
additional statements considered necessary for full financial disclosure;
e. the status of all Commission projects and work within the watershed; and
f. the business transacted by the commission and other matters which affect the
interests of the commission.
Copies of said report shall be transmitted to the clerk of each member governmental unit.
Subdivision 20. Its books, reports and records shall be available for and open to
inspection by its members at all reasonable times.
Subdivision 21. It may recommend changes in this agreement to its members.
Subdivision 22. It may exercise all other powers necessary and incidental to the
implementation of the purposes and powers set forth herein and as outlined and authorized by
Minnesota Statutes, Sections 103B. 201 through 103B. 251.
Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner of
Natural Resources and the Director of the Division of Waters, Soils and Minerals of the
Department of Natural Resources in obtaining permits and complying with the requirements of
Chapter 103G of the Minnesota Statutes.
Subdivision 24. Each member reserves the right to conduct separate or concurrent studies
on any matter under study by the Commission.
Subdivision 25. It shall establish a procedure for establishing citizen or technical advisory
committees and to provide other means for public participation.
453434v1 BA295-1 10
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METHOD OF PROCEEDING
VII.
Subdivision 1. The procedures to be followed by the Board in carrying out the powers
and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this
article.
Subdivision 2. The Commissioners shall be the same as those serving as Commissioners
and Alternate Commissioners for the predecessor Bassett Creek Water Management
Commission. The Board shall immediately proceed to revise the overall plan as set forth in
Article VI, Subdivision 5 or as required by state statute. Upon adoption of said overall plan, the
Board shall proceed to implement said plan, and this implementation may be ordered by stages.
Subdivision 3. The Bassett Creek Watershed Management Commission shall be the
successor to the Bassett Creek Water Management Commission as constituted under the prior
Joint Powers Agreement. All personal property, money, bank accounts, records or any other
thing of value and on hand with the Bassett Creek Water Management Commission shall be
transferred to the Bassett Creek Watershed Management Commission.
Subdivision 4. The location and adequacy of the outlet for Bassett Creek shall be
determined and the Commission shall then prepare plans which will provide capacity to outlet
the surface waters which will be collected within the Bassett Creek watershed. In determining
the necessary capacity for said outlet, the Commission shall take into consideration the quantity
of land within the watershed which each member governmental unit has to pond or act as a
reservoir for surface waters. It shall consider only lands which are under public ownership or
under public control and that will be perpetually dedicated to acting as a reservoir for surface
waters. The Commission may require from each member governmental unit a commitment in
writing of the lands which shall be so dedicated, including a legal description of the gross area
and the capacity in acre feet of water storage. No project which will channel or divert additional
waters to Bassett Creek shall be commenced by any member governmental unit prior to approval
of the Board of the design of an adequate outlet or of adequate storage facilities. The adequacy of
said outlet shall be determined by the Board after consultations with its professional engineers.
Subdivision 5. All construction, reconstruction, extension or maintenance of Bassett
Creek including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water
or storm sewer system which involve construction by or assessment against any member
governmental unit or against privately or publicly owned land within the watershed shall follow
the statutory procedures outlined in Chapter 429 of the Minnesota Statutes except as herein
modified. The Board shall secure from its engineers or some other competent persona report
advising it in a preliminary way as to whether the proposed improvement is feasible and as to
whether it shall best be made as proposed or in connection with some other improvement and the
estimated cost of the improvement as recommended and the proposed allocation of costs
between members.
The Board shall then hold a public hearing on the proposed improvement after mailed
notice to the clerk of each member governmental unit within the watershed. The Commission
453434v1 BA295-1 11
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shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall
be mailed not less than 45 days before the hearing , shall state the time and place of the hearing,
the general nature of the improvement, the estimated total cost and the estimated cost to each
member governmental unit. The Board may adjourn said hearing to obtain further information,
may continue said hearing pending action of the member governmental units or may take such
other action as it deems necessary to carry out the purposes of this Commission.
To order the improvement, in accordance with the powers and duties established in
Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement
project shall require a favorable vote by two-thirds of all eligible votes of then existing Board of
the Commission. In all cases other than for capital improvement projects, a majority vote of all
eligible members of the Board shall be sufficient to order the work. The order shall describe the
improvement, shall allocate in percentages the cost allocation between the member governmental
units, shall designate the engineers to prepare plans and specifications, and shall designate the
member who will contract for the improvement in accordance with Subdivision 7 of this Article.
After the Board has ordered an improvement or if the hearing is continued while the
member governmental units act on said proposal, it shall forward said preliminary report to all
member governmental units with an estimated time schedule for the construction of said
improvement. The Board shall allow an adequate amount of time , and in no event less than 45
days, for each member governmental unit to conduct hearings, in accordance with the provisions
of the aforestated Chapter 429 or the charter requirements of any city, or to ascertain the method
of financing which said member governmental unit will utilize to pay its proportionate share of
the costs of the improvement. Each member governmental unit shall ascertain within a period of
90 days the method it shall use to pay its proportionate share of the costs.
If the Commission proposes to utilize Hennepin County’s bonding authority as set forth
in Minnesota Statutes, Section 103B. 251, or if the Commission proposes to certify all or any
part of a capital improvement to Hennepin County for payment, then and in that event all
proceedings shall be carried out in accordance with the provisions set forth in said Section
1038.251.
The Board shall not order and no engineer shall prepare plans and specifications before
the Board has adopted a resolution ordering the improvement. The Board may order the
advertising for bids upon receipt of notice from each member governmental unit who will be
assessed that it has completed its hearing or determined its method of payment or upon
expiration of 90 days after the mailing of the preliminary report to the members.
Subdivision 6. Any member governmental unit being aggrieved by the determination of
the Board as to the allocation of the costs of said improvement shall have 30 days after the
commission resolution ordering the improvement to appeal said determination. Said appeal shall
be in writing and shall be addressed to the Board asking for arbitration. The determination of the
member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall
consist of three persons; one to be appointed by the Board of Commissioners, one to be
appointed by the appealing member governmental unit, and the third to be appointed by the two
so selected. In the event the two persons so selected do not appoint the third person within 15
days after their appointment, then the Chief Judge of the District Court of Hennepin County shall
453434v1 BA295-1 12
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have jurisdiction to appoint, upon application of either or both of the two earlier selected, the
third person to the Board of Arbitration. The third person selected shall not be a resident of any
member governmental unit and if appointed by the Chief Judge said person shall be a registered
professional engineer. The arbitrators’ expenses and fees, together with the other expenses, not
including counsel fees, incurred in the conduct of the arbitration shall be divided equally
between the Commission and the appealing member.
Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter
572 of the Minnesota Statutes.
Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of
the Board’s order to construct, repair, alter, reclaim or change the course or terminus of any
ditch, drain, storm sewer, or watercourse, or to acquire, operate, construct or maintain dams,
dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as
authorized by Minnesota Statutes, and for which two or more member governmental units shall
be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of
the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the
member governmental units, as ordered by the Board of Commissioners, after compliance with
the statutes. All contracts and bidding procedures shall comply with all the requirements of law
applicable to contracts let by a statutory city in the State of Minnesota.
The Commission shall not have the authority to contract in its own name for any
improvement work for which a special assessment will be levied against any private or public
property under the provisions of Chapter 429 or under the provisions of any City charter. These
contracts shall be awarded by action of the council of a member and shall be in the name of a
member governmental unit. This section shall not preclude the Commission from proceeding
under Minnesota Statutes, Section 103B. 251.
Subdivision 8. Contracts with Other Governmental Bodies. The Commission may
exercise the powers set forth inArticleV1, Subdivision 7, but said contracts for a capital
improvement shall require a favorable vote of two-thirds majority of the eligible votes of the
then existing members of the Commission.
Subdivision 9. Supervision. All improvement contracts awarded under the provisions of
Subdivision 7of this Article shall be supervised by the member governmental unit awarding said
contract or said member governmental unit may contract or appoint any qualified staff member
or members of the Commission to carry out said supervision, but each member agrees that the
staff of this Commission shall be authorized to observe and review the work in progress and the
members agree to cooperate with the Commission staff in accomplishing the purposes of this
Commission.
Representatives of the Commission shall have the right to enter upon the place or places
where the improvement work is in progress for the purpose of making reasonable tests and
inspections. The staff of this Commission shall report and advise and recommend to the Board
on the progress of said work.
453434v1 BA295-1 13
86
Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent
domain. The member governmental units agree that any and all easements or interest in land
which are necessary will be negotiated or condemned in accordance with Chapter 117 of the
Minnesota Statutes by the unit wherein said lands are located, and each member agrees to
acquire the necessary easements or right of way or partial or complete interest in land upon order
of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable
costs of said acquisition shall be considered as a cost of the improvement. If a member
governmental unit determines it is in the best interests of that member to acquire additional
lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some
other purposes, the costs of said acquisition will not be included in the improvement costs of the
ordered project. The Board in determining the amount of the improvement costs to be assessed to
each member governmental unit may take into consideration the land use for which said
additional lands are being acquired and may credit the acquiring municipality for said land
acquisition to the extent that it benefits the other members of this agreement. Any credits may be
applied to the cost allocation of the improvement project under construction or the Board if
feasible and necessary may defer said credits to a future project.
If any member unit refuses to negotiate or condemn lands as ordered by the Board, any
other member may negotiate or condemn outside its corporate limits in accordance with the
aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land
acquisition to pond or drain storm and surface waters within the corporate boundaries of another
member within the Bassett Creek watershed except upon order of the Board of this Commission.
The Commission shall have authority to establish land acquisition policies as a part of the
overall plan. The policies shall be designed to equalize costs of land throughout the watershed.
Said policy is contained in the existing watershed management plan and may be continued in any
revised overall plan required by Minnesota Statutes.
Subdivision 11. Pollution Control and Water Quality. The Commission shall have the
authority and responsibility to protect and improve water quality in the watershed as this is one
of the main purposes set forth in the Surface Water Management Act. All member governmental
units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto
any land or into any watercourse or storm sewer draining into Bassett Creek. The Board may
investigate on its own initiative and shall investigate upon petition of any member all complaints
relating to pollution of surface water or groundwater draining into or affecting Bassett Creek or
its tributaries. Upon a finding that the creek or surface waters or groundwater are being polluted,
the Board shall order the member governmental unit to abate this nuisance and each member
agrees that it will take all reasonable action available to it under the law to alleviate the pollution
and to assist in protecting and improving the water quality of surface water and groundwater in
the watershed.
Subdivision 12. Local Water Management Plans. The Commission shall have power and
authority to review the members’ local water management plans, capital improvement programs
and official controls required by Minnesota Statutes Section 103B. 235 and/or by rules
promulgated and adopted by the Board of Water and Soil Resources. The members also
understand that the overall plan and capital improvement program required for the entire
watershed must consist of the local parts in the plan and therefore every effort shall be made by
453434v1 BA295-1 14
87
the Commission to coordinate the local plans with the watershed’s overall plan. The members
further understand and agree that upon completion and approval of the overall plan required by
Minnesota Statutes 103B. 231, each member will be required to present their local management
plan to the Commission as required by Minnesota Statutes, Section 103B. 235. It is therefore
important that each member provide the Commission with their best effort to coordinate and plan
for the individual member's local plan at the same time the watershed overall plan is being
assembled.
FINANCES
VIII.
Subdivision 1. The Commission funds may be expended by the Board in accordance with
this agreement and in accordance with the procedures as established by law and in the manner as
may be determined by the Board. The Board shall designate one or more national or state bank or
trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive
deposits of public moneys and to act as depositories for the Commission funds. In no event shall
there be a disbursement of Commission funds without the signature of at 1east two Board
members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer
shall be required to file with the Secretary of the Board a bond in the sum of at least $10,000 or
such higher amount as shall be determined by the Board. The Commission shall pay the premium
on said bond.
Subdivision 2. The members agree to contribute all cash, bank deposits, and other assets
held by the Bassett Creek Water Management Commission to the new Bassett Creek Watershed
Management Commission to carry out the purposes of the Commission. Each member
governmental unit has contributed its proportionate share of said funds based on the net tax
capacity and area of all taxable property within the Bassett Creek watershed.
Subdivision 3. Each member agrees to contribute each year to a general fund, said fund to
be used for general administration purposes including, but not limited to: salaries, rent, supplies,
development of an overall plan, insurance, and bonds, and to purchase and maintain devices to
measure hydrological and water quality data. Said funds may also be used for normal
maintenance of the facilities, but any extraordinary maintenance or repair expense shall be
treated as an improvement cost and processed in accordance with Subdivision 4 of this Article.
The annual contribution by each member shall be based fifty percent (50%)on the net tax
capacity of all property within the watershed and fifty percent (50%) on the basis of the total area
of each member within the boundaries of the Watershed each year to the total area in the Bassett
Creek watershed. In no event shall any assessment require a contribution to exceed one-half of
one percent of the net tax capacity within the watershed.
Subdivision 4.
(a) An improvement fund shall be established for each improvement project instituted
under Article VII, Subdivision 3. Each member agrees to contribute to said fund its proportionate
share of the engineering, legal and administrative costs as determined by the amount to be
assessed against each member as a cost of the improvement. The Board shall submit in writing a
453434v1 BA295-1 15
88
statement to each member, setting forth in detail the expenses incurred by the Commission for
each project.
Each member further agrees to pay to or contract with the member governmental unit
awarding said contract for the improvement, its proportionate share of the cost of the
improvement in accordance with the determination of the Board under Article VII, Subdivision
5. The member awarding the contract shall submit in writing copies of the engineer’s certificate
authorizing payment during construction and the member being billed agrees to pay its
proportionate share of said improvement costs within 30 days after receipt of the statement. The
member awarding the contract shall advise other contributing members of the tentative time
schedule of the work and the estimated times when the contributions shall be necessary.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, the
Commission may by a vote of 2/3rds of all eligible votes of the then existing members of the
Commission decide to proceed to fund all or any part of the cost of a capital improvement
contained in the capital improvement program of the plan pursuant to the authority and subject to
the provisions set forth in Minnesota Statutes, Section 103B. 251. The Commission and
Hennepin County may establish a maintenance fund to be used for normal and routine
maintenance of an improvement constructed in whole or in part with money provided by
Hennepin County pursuant to Minnesota Statutes, Section103B. 251. The levy and collection of
an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy
resolution adopted by a majority vote of all eligible members of the Commission and remitted to
the County on or before the date prescribed by law each year. If it is determined to levy for
maintenance, the Commission shall be required to follow the hearing process established by
Minnesota Statutes, Section103D. 915 and103D. 921and acts amendatory thereof and in addition
thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days
prior to the hearing.
Subdivision 5. On or before July1 of each year, the Board shall adopt a detailed budget
for the ensuing year and decide upon the total amount necessary for the general fund. Budget
approval shall require a favorable vote by a majority of all eligible votes of the then existing
members of the Board.
The Secretary of the Board shall certify the budget on or before July 1 to the clerk of each
member governmental unit together with a statement of the proportion of the budget to be
provided by each member. The Council of each member agrees to review the budget, and the
Board shall upon notice from any member received prior to August 1, hear objections to the
budget, and may, upon notice to all members and after a hearing, modify or amend the budget,
and then give notice to the members of any and all modifications or amendments.
Each member agrees to provide the funds required by the budget and said determination
shall be conclusive if no member enters objections in writing on or before August 1. If no
objections are submitted to the Board, each member agrees to provide the funds approved by the
Board, after the Board has conducted the aforementioned hearing. Modifications or amendments
to the original budget require a favorable vote by a majority of all eligible voters of then existing
members of the Board.
453434v1 BA295-1 16
89
The budget shall not in any event require any member to contribute in excess of one-half
of one percent of the net tax capacity of all taxable property within the watershed and within said
members corporate boundaries.
The schedule of payments by the members shall be determined by the Board in such a
manner as to provide for an orderly collection of the funds needed.
Upon notice and hearing, the Board by a favorable vote of a majority of all eligible votes
of then existing members may adopt a supplemental budget requiring additional payments by the
members within 60 days of its adoption but in no event shall the budget require any member to
contribute in excess of one-half of one percent of the net tax capacity of all taxable property
within the watershed or within any member's corporate boundaries in any one calendar year.
Members’ attention is drawn to Minnesota Statutes, Section 103B. 245, which authorizes
a Watershed Management Tax District to be created within each member City to pay the costs of
planning and for the purpose of paying capital costs and/or normal and routine maintenance of
facilities.
Subdivision 5. Cost Allocation. All capital costs incurred by the Commission shall be
apportioned to the respective members on either (l), (2), or (3) of the following bases:
(1) A negotiated amount to be arrived at by the members who have lands in the
subdistrict responsible for the capital improvement.
(2) (a) Fifty percent of all capital costs or the financing thereof shall be
apportioned to each member on the basis of the real property valuation net
tax capacity of each member within the boundaries of the watershed each
year to the total real property valuation net tax capacity in the Bassett
Creek watershed area governed by this Agreement.
(b) Fifty percent of all capital costs or the financing thereof shall be
apportioned to each member on the basis of the total area of each member
within the boundaries of the watershed each year to the total area in the
Bassett Creek watershed area governed by this Agreement.
(c) Capital costs allocated under the 50% area/50% net tax capacity formula
herein set forth may be varied by the Commission by a 2/3rds vote if:
(1) any member community receives a direct benefit from the capital
improvement which benefit can be defined as a lateral as well as a
trunk benefit, or
(2) the capital improvement provides a direct benefit to one or more
members which benefit is so disproportionate as to require in a
sense of fairness a modification in the 50/50 formula.
(d) Credits to any member for lands acquired by said member to pond or store
storm and surface water shall be allowed against costs set forth in
Subsections (a), (b), and (c) of this Section.
(3) If the project is constructed and financed pursuant to Minnesota Statutes, Section
103B. 251, the members understand and agree that said costs will be levied on all
taxable property in the watershed as set forth in the statute.
453434v1 BA295-1 17
90
MISCELLANEOUS PROVISIONS
IX.
Subdivision 1. The Commission shall not have the power to issue certificates, warrants
or bonds.
Subdivision 2. The Commission shall not have the power of eminent domain and shall
not own any interest in real property. All interests in lands shall be held in the name of the
corporate member wherein said lands are located.
Subdivision 3. The Commission shall not have the power to levy a special assessment
upon any privately or publicly owned land. All such assessments shall be levied by the member
wherein said lands are located. It shall have the power to require any member to contribute the
costs allocated or assessed according to the other provisions of this agreement.
Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert
any additional surface water to the Mississippi River or its tributaries from any subdistrict or
subtrunk without a permit from the Board of Commissioners. Permits may be granted by the
Board for a member to proceed with the construction or reconstruction of improvements within
the individual corporate members’ boundaries and at its sole cost upon a finding:
(a) that there is an adequate outlet; and
(b) that said construction is in conformance with the overall plan; and
(c) that the construction will not adversely affect other members of this agreement.
Subdivision 5. Any member who is more than 60 days in default in contributing its share
to the general fund shall have the vote of its Board member suspended pending the payment of
its proportionate share.
Any member who is more than 60 days in default in contributing its proportionate share
of the cost of any improvement to the contracting member shall upon application of the
contracting member have the vote of its Board member suspended, pending the payment of its
proportionate share.
Any Board member whose vote is under suspension shall not be considered as an eligible
member as such membership affects the number of votes required to proceed on any matter
under consideration by the Board.
DURATION
X.
Subdivision l. Each member agrees to be bound by the terms of this agreement until
January 1, 2025, and it may be continued thereafter at the option of the parties.
Subdivision 2. This agreement may be terminated prior to January 1, 2025, by the
unanimous consent of the parties. If the agreement is to be terminated, a notice of the intent to
453434v1 BA295-1 18
91
dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin
County at least 90 days prior to the date of dissolution.
Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any
member may petition the Board to dissolve the agreement. Upon 90 days notice in writing to the
clerk of each member governmental unit and to the Board of Water and Soil Resources and to
Hennepin County, the Board shall hold a hearing and upon a favorable vote by a majority of all
eligible votes of then existing Board members, the Board may by Resolution recommend that the
Commission be dissolved. Said Resolution shall be submitted to each member governmental
unit and if ratified by three-fourths of the councils of all eligible members within 60 days, said
Board shall dissolve the Commission allowing a reasonable time to complete work in progress
and to dispose of personal property owned by the Commission.
DISSOLUTION
XI.
Upon dissolution of the Commission , all property of the Commission shall be sold and
the proceeds thereof, together with monies on hand, shall be distributed to the eligible members
of the Commission. Such distribution of Commission assets shall be made in proportion to the
total contribution to the Commission as required by the last annual budget.
EFFECTIVE DATE
XII.
This agreement shall be in full force and effect upon the filing of a certified copy of the
resolution approving said agreement by all nine members. Said resolution shall be filed with the
Chair of the existing Bassett Creek Watershed Management Commission (presently W. Peter
Enck of the City of New Hope), who shall notify all members in writing of its effective date and
shall set the date for the next meeting to be conducted under this amended Joint Powers
Agreement.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their
governing bodies, have caused this agreement to be executed in accordance with the authority of
Minnesota Statutes Sections 103B. 211 and 471.59.
453434v1 BA295-1 19
92
Winnetka Ave SWinnetka Ave NWinnetka Ave NDouglas Dr NDouglas Dr NMedicine Lake Rd
Glenwood AveMendelssohn Ave NPly m out h Ave N
10th Ave N
Golden Valley Rd
7thAve Boone Ave NWisconsin Ave NNevada Ave NGeneralMillsBlvdG o ld e n V alleyRdRhodeIslandWayza t a Blvd
Sandburg Rd
Countr y Club Dr
Harold Ave
Lau rel Ave
Louisiana Ave SJersey AveFloridaAve SGolden Hills DrZane Ave NOlson Mem HwyFrontage Rd
TurnersCrossroad NMeadow Ln NNoble Ave NHampshireAve SXenia Ave SWayzataBlvd
W ayz a ta Blvd Zenith Ave NDecatur Ave NDuluth St G o l d e n Val leyRd
Be tty CrockerDr
Pennsylvania Ave SWayzataBlvd TheodoreW i r t h Pkw yN Frontage R d LilacDrNAveN456766
456770
456766
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4567156 4567102
§¨¦394
§¨¦394
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£¤169
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Watersheds
0 2,500 5,0001,250 Feet
Sources: Print Date: 10/30/2024-Hennepin County Surveyors Office for Property Lines (2024).-City of Golden Valley for all other layers.I
Ȟaȟá Wakpádaŋ/Bassett Creek Watershed
Minnehaha Creek Watershed
93
Water and Land Acknowledgement Statement
We acknowledge that the waterways of the Ĥaĥa Wakpadaŋ, located in Mnisota
Makoċe, the homeland of the Dakota peoples, are living waters which are part of a
larger living ecosystem.
Historically, the Ĥaĥa Wakpadaŋ provided material, nutritional, and spiritual
sustenance to the Dakota peoples. We acknowledge the forced removal of the
Dakota from the lands and waterways that nurtured them as relatives. And we
recognize the environmental degradation that continues in the watershed today.
The living waters of Ĥaĥa Wakpadaŋ remains significant to the Dakota and other
Native peoples, including many who presently live in the watershed. The Bassett
Creek Watershed Management Commission seeks to identify and integrate Native
wisdom by collaborating with Indigenous peoples and communities to reduce the
impacts of climate change and improve the ecosystem health for all living beings in the
watershed.
Acknowledging the complex past and present traumas and triumphs is a step toward
healing for the land, watershed and peoples who live in the watershed today.
94
EXECUTIVE SUMMARY
Communications
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3D.4. Adopt Resolution No. 24-065 Approving Dissolution of West Metro Home Remodeling Fair
Prepared By
Cheryl Weiler, Communications Director
Maria Cisneros, City Attorney
Summary
On December 7, 2021 the City of Golden Valley, the City of Minnetonka, the City of Saint Louis Park,
Hopkins Community Education, and Saint Louis Park Community Education (“Participants”) entered
into a joint powers agreement to establish the West Metro Home Remodeling Fair (“JPA”). The JPA
formalized a collaboration between the parties that had been ongoing for several years related to a
home remodeling fair hosted at Eisenhower Elementary School each year. Over the last several years,
City participation has been increasingly difficult due to staffing levels. At the same time, the third-
party contractor that has been producing the event since 2014 expressed interest in assuming the role
of coordinating the event. Staff at each of the participating entities met earlier this year and agreed
the community would be better served if the event transitioned to a private contractor.
The proposed resolution and attached dissolution plan set forth the terms of the dissolution of the JPA
and affirm the City of Golden Valley's intent to dissolve the JPA. The Cities of St. Louis Park and
Minnetonka are considering similar resolutions and the dissolution would become effective upon all
three cities approving the resolution.
Financial or Budget Considerations
The City of St. Louis Park serves as the fiscal agent for this JPA. St. Louis Park staff prepared a
dissolution plan that contemplates selling and liquidating all non-monetary assets and distributing all
funds of the JPA equally to the participants.
Legal Considerations
The City Attorney has reviewed and approved the resolution and distribution plan.
Equity Considerations
The West Metro Home Remodeling Fair provides an opportunity for small and locally owned
businesses to connect with residents of Golden Valley and surrounding communities. Creating a path
for the fair to continue to operate is consistent with the City's equity goals.
Recommended Action
95
Motion to adopt Resolution No. 24-065 dissolving the joint powers agreement for the West Metro
Home Remodeling Fair.
Supporting Documents
Resolution No. 24-065 to Dissolve JPA - West Metro Home Remodeling Fair
Dissolution Plan - JPA - West Metro Home Remodeling Fair
96
RESOLUTION NO. 24-065
A RESOLUTION TO DISSOLVE THE JOINT POWERS AGREEMENT BETWEEN
THE CITY OF GOLDEN VALLEY, THE CITY OF MINNETONKA, THE CITY OF SAINT
LOUIS PARK, HOPKINS COMMUNITY EDUCATION, AND SAINT LOUIS PARK
COMMUNITY EDUCATION FOR THE WEST METRO HOME REMODELING FAIR
WHEREAS, on December 7, 2021 a Joint Powers Agreement was signed by the
City of Golden Valley, the City of Minnetonka, the City of Saint Louis Park, Hopkins
Community Education, and Saint Louis Park Community Education (“Participants”) to
establish the West Metro Home Remodeling Fair (“JPA”); and
WHEREAS, the Participants entered into the JPA pursuant to the provisions of
Minn. Stat. § 471.59; and
WHEREAS, the Participants established the JPA with the goal to host an annual
home remodeling fair to promote improvements to housing and provide community
education opportunities in the participating communities; and
WHEREAS, the Participants agree to dissolve the JPA; and
WHEREAS, the JPA provides that upon termination, the Participants shall provide
for the distribution of all fair funds and assets in the following manner: “The Parties may
determine to sell and liquidate non-monetary assets prior to distribution, and assets and
funds shall be distributed to the Participants in proportion to their contributions”; and
WHEREAS, the JPA provides that the JPA may terminate when a majority of
Participants agree to terminate this Agreement upon a certain date.
NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA that this resolution provides notice of the City of
Golden Valley and Participants intent to dissolve the JPA effective upon a majority of the
participants’ notification of intent to dissolve.
BE IT FURTHER RESOLVED, that the City Manager is directed to transmit this
Resolution dissolving the JPA to the other Participants and is further directed to ensure
that the City of Golden Valley has met its full financial obligation to the West Metro
Home Remodeling Fair by the effective date of dissolution.
Passed by the City Council of the City of Golden Valley, Minnesota this 6th day of
November, 2024.
97
Resolution No. 24-065 November 6, 2024
_________________________________
Roslyn Harmon, Mayor
Attest:
___________________________
Theresa Schyma, City Clerk
98
JOINT POWERS DISSOLUTION PLAN FOR THE
WEST METRO HOME REMODELING FAIR
I. Date of Dissolution Plan: November 18, 2024
II. Determination of Intent to Dissolve:
It is the intent of the Parties to have a majority of the participants pass a resolution
to dissolve the West Metro Home Remodeling Fair. The City of Golden Valley, the City
of Minnetonka, the City of Saint Louis Park, Hopkins Community Education, and Saint
Louis Park Community Education are Participants in the Joint Powers Agreement for the
West Metro Home Remodeling Fair. In accordance with this agreement, St. Louis Park
has developed this dissolution plan with the consent of a majority of the participants.
III. Determination of Assets and Liabilities:
See attached report of the Fiscal Agent (Saint Louis Park) which will include a
summary of Assets and Liabilities. Assets include, but are not limited to:
-Domain name (fair market value) – “homeremodelingfair.com”
-Supplies including tables, power cords, tents, monitors, computers, etc.
The Parties shall cooperate to sell and liquidate non-monetary assets prior to
distribution. Assets and funds shall be distributed equally to the Participants.
IV. Payment of Debts, Allocation of Surplus, and tax liability:
See report of Fiscal Agent (Saint Louis Park)
V. Determination of need for audit of Fiscal Agent records:
The Parties accept the Fiscal Agent’s final report without requiring an audit.
VI. Determination of need for tail insurance:
Tail insurance is unnecessary because the agreement does not create a “joint
powers entity” as defined by Minn. Stat. § 471.59.
VII. Completion of Obligations:
Representatives from the Cities of Saint Louis Park and Golden Valley shall
ensure that the obligations required under the agreement have been met.
VI. Records Retention:
99
All documents and records of the West Metro Home Remodeling Fair shall be
maintained and destroyed by the representative of Saint Louis Park in accordance with
the MGDPA and the Record Retention Schedule for MN Cities.
VIII. Date of Dissolution:
The West Metro Home Remodeling Fair is dissolved effective as November 18,
2024.
100
EXECUTIVE SUMMARY
Fire
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3E.1. Adopt Resolution No. 24-066 Accepting Donation From the Estate of David Forse
Prepared By
Bethany Brunsell, Fire Chief
Summary
The City's Donation/Gift Policy and state law require gifts of real or personal property to be accepted
by the City Council by resolution and to be approved by a two-thirds majority of the Council.
The City received notice that a former resident, David Forse, bequeathed $30,000 "to Golden Valley,
Minnesota, Police and Fire Departments for general needs." Staff recommends accepting this donation
and splitting the funds evenly between the Police and Fire departments.
Financial or Budget Considerations
This funding would be available in addition to the City's 2024 budgeted funds for the Police and Fire
departments.
Legal Considerations
The City Attorney reviewed the donation request and probate records associated with this donation.
Equity Considerations
As with all expenditures, the Police and Fire Chiefs will incorporate an equity lens when deciding how
to spend this additional funding.
Recommended Action
Motion to adopt Resolution No. 24-066 to accept the donation of $30,000 from the estate of David
Forse.
Supporting Documents
Resolution No. 24-066 - Accepting Donation From Estate of David Forse
101
RESOLUTION NO. 24-066
RESOLUTION ACCEPTING THE DONATION OF $30,000 FROM THE ESTATE OF
DAVID FORSE
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004,
which established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of
the Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the
following donation on behalf of its citizens:
$30,000 donation from the estate of David Forse to the Golden Valley, Minnesota
Police and Fire Departments for general needs, which will be split evenly between the
Golden Valley Police and Fire Departments.
Adopted by the City Council of Golden Valley, Minnesota this 6th day of November,
2024.
_____________________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
102
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3E.2. Adopt Resolution No. 24-067 Authorizing Application for the MPCA Planning Grant for
Community Resilience
Prepared By
Ethan Kehrberg, Sustainability Specialist
Michael Ryan, City Engineer
Summary
The Minnesota Pollution Control Agency (MPCA) has $750,000 available to distribute for climate
planning projects to communities across Minnesota for stormwater, wastewater, and community
resilience. This funding provides an opportunity for these communities to assess vulnerabilities and
begin planning for the effects of Minnesota's changing climate. There is no minimum or maximum
grant award under the MPCA's RFP.
The effects of climate change are being felt across the state, from damaged property, dying trees, and
culturally important native species, to excessive heat, worsening air quality, and other health threats.
Climate change is already exacerbating existing social and environmental inequities and this grant
helps communities with equitable adaptation.
Staff intend to apply for grant funding related to community resilience to support efforts with
reducing human health effects, and to adapt community services, ordinances, and public spaces to the
changing climate.
Grant applications are due by November 14, 2024. MPCA will notify the City whether funds are
awarded by Q1 2025. Reimbursement for the grant may begin as soon as May 2025 but will start no
later than October 2025.
Financial or Budget Considerations
This grant requires a minimum 10% match, either in-kind or cash, provided by any organization
involved in the project. There is no minimum or maximum grant award under the MPCA's RFP. The
City's Engineering division includes a concept budget of $40,000 in FY 2025, under Fund #1420, to
support climate planning work. This would exceed the local match required for grant funding.
Legal Considerations
Staff will work with the City Attorney to review the draft grant agreement once received from the
State. This will be submitted for Council consideration at that time, anticipated in Q1 of 2025 before
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any grant funding is awarded.
Equity Considerations
The MPCA Planning Grant for Community Resilience supports both the Inclusive Community
Engagement and the Advancement of Diversity, Equity, and Inclusion pillars of the Equity Plan. This
grant will help the City create more opportunities to reduce social and environmental disparities
related to climate change, improving City services for communities most impacted. The Sustainability
Specialist will continue to work on this project with the Community Engagement Specialist and the
Equity Manager to keep equity and community involvement at the forefront. The City will prioritize
diverse, equitable, and inclusive community engagement to include their perspective in the planning
and solution making process and to ensure we are being responsive to the community's needs.
Recommended Action
Motion to adopt Resolution No. 24-067 authorizing application for the MPCA Planning Grant for
Community Resilience.
Majority vote needed.
Supporting Documents
Resolution No. 24-067 - Authorizing Application for MPCA Planning Grant
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RESOLUTION NO. 24-067
A RESOLUTION AUTHORIZING APPLICATION FOR THE MINNESOTA POLLUTION
CONTROL AGENCY PLANNING GRANTS FOR STORMWATER, WASTEWATER,
AND COMMUNITY RESILIENCE
WHEREAS, funding is available from the Minnesota Pollution Control Agency
through Planning Grants for Stormwater, Wastewater, and Community Resilience; and
WHEREAS, the adverse effects of climate change will continue to impact the
community, infrastructure, and the environment, and the City of Golden Valley
anticipates needing to make more improvements to reinforce community resilience.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA that this Council hereby authorizes the City
Manager or their designee to prepare and submit the Minnesota Pollution Control
Agency Planning Grant for Stormwater, Wastewater, and Community Resilience.
Passed by the City Council of the City of Golden Valley, Minnesota this 6th day of
November, 2024.
_____________________________
Roslyn Harmon, Mayor
Attested:
_______________________
Theresa Schyma, City Clerk
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
3F. Adopt Resolution No. 24-068 Approving Information Technology Criminal Justice Information
Policies
Prepared By
John Peterson, IT Manager
Summary
The Bureau of Criminal Apprehension (BCA) conducted an audit of the City in 2023 and determined
that the City required additional information technology policies. The policies staff are proposing to
council meet BCA requirements and aim to enhance the organization's overall information security
framework:
1. Access Control: This policy establishes guidelines for granting, restricting, and managing access
to sensitive information and systems, ensuring that only authorized personnel can access critical
data.
2. Media Protection: This policy outlines procedures for the proper handling, storage, and disposal
of all media containing sensitive information, minimizing the risk of unauthorized access and
data breaches.
3. Physical and Environmental Protection: This policy focuses on safeguarding physical assets and
the environment in which information technology systems operate. It includes measures for
securing facilities and protecting against environmental hazards.
4. Security Incident Response Policy and Plan: This policy provides a structured approach for
identifying, responding to, and recovering from security incidents, ensuring timely action to
mitigate potential impacts on operations and data integrity. The IT division will ensure that a
Security Incident Response Plan is implemented according to this policy.
Staff recommends that the City Council adopt these policies to strengthen the organization's security
posture, protect sensitive information, and ensure compliance with regulatory requirements.
Financial or Budget Considerations
None
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Legal Considerations
All items have gone through legal review.
Equity Considerations
All items have gone through equity review. The policies are in line with the City's goal to provide
equitable and secure information technology services, including protecting private data about
individuals.
Recommended Action
Motion to Adopt Resolution No. 24-068 Approving Information Technology Criminal Justice
Information Policies.
Supporting Documents
Resolution No. 24-068 - Adopting Information Technology Criminal Justice Information Policies
Exhibit A - IT Access Control Policy
Exhibit B - IT Media Protection Policy
Exhibit C - IT Physical and Environmental Protection Policy
Exhibit D - IT Security Incident Response Policy
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RESOLUTION NO. 24-068
RESOLUTION FOR ADOPTION OF INFORMATION TECHNOLOGY CRIMINAL JUSTICE
INFORMATION POLICIES
WHEREAS, the City of Golden Valley is committed to safeguarding Criminal Justice
Information (CJI) and ensuring compliance with the Criminal Justice Information Services
(CJIS) security rules; and
WHEREAS, the City’s Information Technology division is responsible for the
creation, implementation, and enforcement of policies designed to protect sensitive
information, mitigate risks, and ensure the integrity and confidentiality of CJI; and
WHEREAS, the City of Golden Valley is required by the Bureau of Criminal
Apprehension (BCA) to implement specific policies and plans to enhance its security
framework:
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden
Valley adopts the following policies attached hereto as:
Exhibit A, Access Control Policy
Exhibit B, Media Protection Policy
Exhibit C, Physical and Environmental Protection Policy
Exhibit D, Security Incident Response Plan
Adopted by the City Council of Golden Valley, Minnesota this 6th day of November 2024.
_____________________________
Roslyn Harmon,Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
108
Exhibit A
O FFICIAL C ITY P OLICY
C ITY OF G OLDEN V ALLEY
General Informa�on
Policy Title: Informa�on Technology Access Control Policy Department: Administra�ve Services, Informa�on
Technology Division
Policy Owner (job �tle): Informa�on Technology
Manager
Policy ID:
Council Approval Date: Resolu�on Number:
Effec�ve Date: ☒New ☐ Updated
Policy Overview
Policy Descrip�on:
The City of Golden Valley (City) Informa�on Technology (IT) Division is required by the Minnesota Bureau of Criminal
Apprehension (BCA) to implement an access control policy for all City systems that contain Criminal Jus�ce
Informa�on (CJI).
Purpose & Scope:
To ensure that access controls are implemented and in compliance with IT security policies, standards, and
procedures. This policy applies to all City departments and users of City resources and assets, including but not limited
to City full and part �me employees, contractors, vendors, and third-party service providers.
Defini�ons:
Related Documents, Materials & Resources:
• IT Physical and Environmental Protec�on Policy
• IT Media Protec�on Policy
• IT Security Incident Response Policy
Policy
Account Management
To ensure proper account management, the City shall:
1. Iden�fy and assign the following types of informa�on system accounts to users to support organiza�onal
missions and business func�ons: individual, shared, group, system, guest/anonymous, emergency,
developer/manufacturer/vendor, temporary, and service.
2. Assign account managers.
3. Require condi�ons for group and role membership.
4. Specify authorized users of the informa�on system, group and role membership, and access authoriza�ons
(i.e., privileges) and other atributes (as required) for each account.
5. Require approvals by City personnel with account management responsibili�es for requests to create
accounts.
6. Create, enable, modify, disable, and remove informa�on system accounts in accordance with approved
procedures.
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7. Monitor the use of accounts.
8. Require account managers to no�fy IT staff when accounts are no longer required, when users are terminated
or transferred, and when individual informa�on system usage or need-to-know changes.
9. Authorize access to the system based on:
a. A valid access authoriza�on
b. Intended system usage
10. Review accounts for compliance with account management requirements at least annually.
11. Establish and implement a process for changing shared or group account authen�cators (if deployed) when
individuals are removed from the group.
12. Align account management processes with personnel termina�on and transfer processes.
13. Support the management of system accounts using automated mechanisms including email, phone, and text
no�fica�ons.
14. Automa�cally remove temporary and emergency accounts within 72 hours.
15. Disable accounts within one (1) week when the accounts:
a. Have expired.
b. Are no longer associated with a user or individual.
c. Are in viola�on of organiza�onal policy.
d. Have been inac�ve for 90 calendar days.
16. Automa�cally audit account crea�on, modifica�on, enabling, disabling, and removal ac�ons.
17. Require that users log out when a work period has been completed.
18. Disable accounts of individuals within 30 minutes of discovery of direct threats to the confiden�ality, integrity,
or availability of CJI.
19. Enforce and verify access controls during employee onboarding and o�oarding.
Access Enforcement
To ensure proper access enforcement, the City shall:
1. Enforce approved authoriza�ons for logical access to informa�on and system resources in accordance with
applicable access control policies.
2. Provide automated or manual processes to enable individuals to have access to elements of their personally
iden�fiable informa�on.
Informa�on Flow Enforcement
To ensure compliant informa�on flow enforcement, the City’s IT staff shall enforce approved authoriza�ons for
controlling the flow of informa�on within the system and between connected systems by preven�ng CJI from being
transmited unencrypted across the public network, blocking outside traffic that claims to be from within the agency, and
not passing any web requests to the public network that are not from the agency-controlled or internal boundary
protec�on devices.
Separa�on of Du�es
To ensure proper separa�on of du�es, the City shall:
1. Iden�fy and document separa�on of du�es based on specific du�es, opera�ons, or informa�on systems, as
necessary, to mi�gate risk to CJI.
2. Define system access authoriza�ons to support separa�on of du�es.
Least Privilege
To reduce risk, improve system stability, increase produc�vity, strengthen cybersecurity and improve compliance, the City
shall:
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1. Employ the principle of least privilege, allowing only authorized accesses for users (or processes ac�ng on
behalf of users) that are necessary to accomplish assigned City tasks.
2. Provide restricted access to authorized personnel by using:
a. Established system accounts with configured access authoriza�ons (i.e., permissions, privileges) that:
i. set events to be audited
ii. set intrusion detec�on parameters, and other security func�ons; and
b. Role based security-relevant informa�on in hardware, so�ware, and firmware.
3. Require that users of system accounts (or roles) with access to privileged security func�ons or security-relevant
informa�on (e.g., audit logs) use non-privileged accounts or roles when accessing non-security func�ons.
4. Restrict privileged accounts on the system to privileged users.
5. Review annually the privileges assigned to non-privileged and privileged users to validate the need for such
privileges.
6. Reassign or remove privileges, if necessary, to correctly reflect organiza�onal mission and business needs.
7. Log the execu�on of privileged func�ons.
8. Prevent non-privileged users from execu�ng privileged func�ons.
Unsuccessful Logon Atempts
To limit the risk of unauthorized access, the City shall ensure that the informa�on system:
1. Enforces a limit of consecu�ve invalid logon atempts by a user during a 15-minute �me period.
2. Automa�cally locks the account or node un�l released by an administrator when the maximum number of
unsuccessful atempts is exceeded
System Use No�fica�on
The City shall ensure that the informa�on system:
1. Displays to users an approved system-use no�fica�on message or banner before gran�ng access to the system
that provides privacy and security no�ces consistent with applicable state and federal laws, direc�ves, policies,
regula�ons, standards, and guidance and states informing that:
a. Users are accessing a restricted informa�on system.
b. Informa�on system usage may be monitored, recorded, and subject to audit.
c. Unauthorized use of the informa�on system is prohibited and subject to criminal and civil penal�es.
d. Use of the informa�on system indicates consent to monitoring and recording.
2. Retains the no�fica�on message or banner on the screen un�l users acknowledge the usage condi�ons and
take explicit ac�ons to log on to or further access the informa�on system.
3. For publicly accessible systems, ensure that the informa�on system:
a. Displays system use informa�on consistent with applicable laws, execu�ve orders, direc�ves, regula�ons,
policies, standards, and guidelines, before gran�ng further access.
b. Displays references, if any, to monitoring, recording, or audi�ng that are consistent with privacy
accommoda�ons for such systems that generally prohibit those ac�vi�es.
c. Includes a descrip�on of the authorized uses of the system.
Device Lock
To limit the risk of unauthorized access the City shall:
1. Ini�ate a session lock a�er a maximum of 30 minutes of inac�vity or upon receiving a request from a user.
2. Retain the session lock un�l the user reestablishes access using established iden�fica�on and authen�ca�on
procedures.
3. Conceal, via the session lock, informa�on previously visible on the display with a publicly viewable image.
111
Session Termina�on
The City shall ensure the informa�on system automa�cally terminates a user session a�er a user has been logged out.
Permited Ac�ons Without Iden�fica�on or Authen�ca�on
The City shall:
1. Iden�fy user ac�ons that can be performed on the informa�on system without iden�fica�on or authen�ca�on
consistent with City of Golden Valley missions and business func�ons.
2. Document and provide suppor�ng ra�onale in the security plan for the informa�on system user ac�ons not
requiring iden�fica�on or authen�ca�on.
Remote Access
To ensure secure remote access, the City shall:
1. Establish and document usage restric�ons, configura�on/connec�on requirements, and implementa�on
guidance for each type of remote access allowed.
2. Authorize remote access to the informa�on system prior to allowing such connec�ons.
3. Ensure that the informa�on system monitors and controls remote access methods.
4. Ensure that the informa�on system implements cryptographic mechanisms to protect the confiden�ality and
integrity of remote access sessions.
5. Ensure that the informa�on system routes all remote accesses through authorized and managed network
access control points.
6. Authorize the execu�on of privileged commands and access to security-relevant informa�on via remote access
only in a format that provides assessable evidence and for the following needs: compelling opera�onal needs.
7. Document the ra�onale for such access in the security plan for the informa�on system.
Wireless Access
To ensure secure wireless access, the City of Golden Valley shall:
1. Establish usage restric�ons, configura�on/connec�on requirements, and implementa�on guidance for wireless
access.
2. Authorize wireless access to the informa�on system prior to allowing such connec�ons.
3. Protect wireless access to the system using authen�ca�on of authorized users and agency-controlled devices,
and encryp�on.
4. Disable, when not intended for use, wireless networking capabili�es embedded within system components
prior to issuance and deployment.
Access Control for Mobile Devices
To ensure secure access for mobile devices, he City of Golden Valley shall:
1. Establish configura�on requirements, connec�on requirements, and implementa�on guidance for
organiza�on-controlled mobile devices, to include when such devices are outside of controlled areas.
2. Authorize the connec�on of mobile devices to City of Golden Valley systems.
3. Employ full-device encryp�on to protect the confiden�ality and integrity of informa�on on full- and limited-
feature opera�ng system mobile devices authorized to process, store, or transmit CJI.
Use of External Systems
To ensure proper use access from external systems, the City shall:
1. Establish terms and condi�ons, consistent with any trust rela�onships established with other organiza�ons
owning, opera�ng, and/or maintaining external informa�on systems, allowing authorized individuals to:
a. Access the system from external systems.
112
b. Process, store, or transmit organiza�on-controlled informa�on using external systems.
2. Prohibit the use of personally-owned informa�on systems including mobile devices (i.e., bring your own device
[BYOD]) and publicly accessible systems for accessing, processing, storing, or transmi�ng CJI.
3. Permit authorized individuals to use an external system to access the system or to process, store, or transmit
City of Golden Valley-controlled informa�on only a�er:
a. Verifica�on of the implementa�on of controls on the external system as specified in the City of Golden
Valley security and privacy policies and security and privacy plans; or
b. Execu�on and reten�on of approved system connec�on or processing agreements with the
organiza�onal en�ty hos�ng the external system.
4. Restrict the use of organiza�on-controlled portable storage devices by authorized individuals on external
systems.
Informa�on Sharing
The City of Golden Valley shall:
1. Enable authorized users to determine whether access authoriza�ons assigned to a sharing partner match the
informa�on’s access and use restric�ons for as defined in an executed informa�on exchange agreement
2. Employ atribute-based access control or manual processes as defined in informa�on exchange agreements to
assist users in making informa�on sharing and collabora�on decisions.
Publicly Accessible Content
To ensure content is accessible to the public in a manner that complies with all applicable laws, rules and regula�ons, the
City shall:
1. Designate individuals authorized to make informa�on publicly accessible.
2. Train authorized individuals to ensure that publicly accessible informa�on does not contain nonpublic
informa�on.
3. Review the proposed content of informa�on prior to pos�ng onto the publicly accessible informa�on system
to ensure that nonpublic informa�on is not included.
4. Review the content on the publicly accessible informa�on system for nonpublic informa�on quarterly and
remove such informa�on, if discovered.
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Exhibit B
O FFICIAL C ITY P OLICY
C ITY OF G OLDEN V ALLEY
General Informa�on
Policy Title: Informa�on Technology Media Protec�on
Policy
Department: Administra�ve Services, Informa�on
Technology Division
Policy Owner: Informa�on Technology Manager Policy ID:
Council Approval Date: Resolu�on Number:
Effec�ve Date: ☐New ☐ Updated
Policy Overview
Policy Descrip�on:
The City of Golden Valley is required by the Bureau of Criminal Apprehension (BCA) to have a Media Protec�on policy
for all media that contains criminal jus�ce informa�on (CJI).
Purpose & Scope:
The purpose of this policy is to establish guidelines for the protec�on of sensi�ve informa�on stored on various media
types, both digital and physical.
This policy applies to all individuals, including but not limited to employees, contractors, vendors, and third-party
service providers that to access, manage, or store media, including media containing CJI within the City of Golden
Valley.
Defini�ons:
• Criminal Jus�ce Informa�on Systems (CJIS): A division of the FBI that manages and provides access to
criminal jus�ce data and informa�on systems, including background checks, criminal histories, and law
enforcement databases.
• CJI stands for Criminal Jus�ce Informa�on: It refers to data related to the administra�on of criminal jus�ce,
including informa�on on individuals involved in the criminal jus�ce system, such as: arrest records, criminal
histories, court records, sentencing informa�on, and parole and proba�on details
• Digital Media: Content that is created, stored, and distributed in a digital format, including but not limited to
text, audio, video, and images that can be accessed on electronic devices like computers, smartphones, and
tablets.
• Physical Media: Media with a tangible form, which can be either digital or non-digital, including but not
limited to DVDs, CDs, printed photos, and books.
• Non-Digital Media: Any media that is not electronic, including but not limited to printed books, newspapers,
vinyl records, and live performances.
• Physically Secure Loca�ons: Physical spaces designed to protect sensi�ve informa�on, assets, or personnel
from unauthorized access or threats. These areas typically feature security measures like locks, surveillance
cameras, controlled access, and alarms to ensure safety and confiden�ality.
• Unassigned City Media Device: a piece of equipment or technology that has not yet been allocated or
assigned to a specific person or purpose.
Related Documents, Materials & Resources:
114
Policy
This Informa�on Technology Media Protec�on Policy covers media classifica�on, access control, handling, disposal,
incident repor�ng, and training. The Informa�on Technology (IT) division is
Media Classifica�ons
The IT division shall maintain an inventory of all media containing criminal jus�ce informa�on (CJI). All media will be
classified according to the sensi�vity of informa�on adhering to CJIS standards.
Media Access and Use
The IT division shall restrict access to all digital and non-digital City-owned media devices to specifically authorized
individuals. The IT division shall keep list of all authorized personnel, including their access levels, which shall be
reviewed quarterly and during personnel changes.
Individuals shall not use unassigned City media devices or digital media devices not owned by the City on any City of
Golden Valley owned or controlled systems that store, process, or transmit criminal jus�ce informa�on.
Media Storage and Transport
The City shall securely store all media within iden�fiable Physically Secure Loca�ons and encrypt CJI on Digital Media.
Data shall only be transported by authorized individuals and all such transporta�on shall be documented in a transport
log kept by the IT division.
Media Sani�za�on
All media must be properly disposed of, sani�zed, or otherwise destroyed in adherence to the Minnesota Data Prac�ces
Act (MNDPA) and the City reten�on policies. In the event that media becomes inoperable or is no longer needed for
inves�gatory or security purposes, it shall be disposed of using the methods outlined below.
All disposal, destruc�on and sani�za�on of media shall be accomplished by employing sani�za�on mechanisms with the
strength and integrity corresponding with the security category or classifica�on of the data as public, private,
confiden�al, and CJIS.
Non-Digital Media
All Non-Digital Media must be sani�zed using overwrite technology prior to:
- Disposing of the media through crosscut shredding or incinera�on, or
- Releasing the media to an outside agency or jurisdic�on (unless authorized under MNDPA)
Digital Media
All digital media must be sani�zed using the degaussing method, prior to disposal or release for reuse by other
individuals.
Training and Awareness
The IT division shall collaborate with City departments to ensure that all personnel with access to CJI have been properly
trained on the requirements of this policy.
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Exhibit C
O FFICIAL C ITY P OLICY
C ITY OF G OLDEN V ALLEY
General Informa�on
Policy Title: Informa�on Technology Physical and
Environmental Protec�on Policy
Department: Administra�ve Services, Informa�on
Technology Division
Policy Owner: Informa�on Technology Manager Policy ID:
Council Approval Date: Resolu�on Number:
Effec�ve Date: ☒New ☐ Updated
Policy Overview
Policy Descrip�on:
The Informa�on Technology (IT) division is required by the Bureau of Criminal Apprehension (BCA) to administer and
control a physical and environmental protec�on policy for all City assets which may contain criminal jus�ce
informa�on (CJI).
Purpose & Scope:
To ensure that Informa�on Technology (IT) resources are protected through physical and environmental security
measures that prevent physical tampering, damage, the�, and unauthorized access.
This policy applies to all individuals, including but not limited to employees, contractors, and vendors, and third-party
service providers who have access to IT facili�es and assets.
Defini�ons:
• Physically Secure Loca�ons: Physical spaces designed to protect sensi�ve informa�on, assets, or personnel
from unauthorized access or threats. These areas typically feature security measures like locks, surveillance
cameras, controlled access, and alarms to ensure safety and confiden�ality.
• Physical Access Devices: allow individuals to gain access to secure areas or systems. This could include items
like key cards, access codes, biometric scanners (like fingerprint readers), keys, or other tools that control
entry to physical loca�ons or restricted areas.
• IT Systems: the en�rety of the technology environment for the City of Golden Valley, including but not limited
to hardware, so�ware, networking, security measures, and data management.
• Cryptographic Mechanisms: used to secure informa�on by transforming it into a format that is unreadable to
unauthorized users. Including encryp�on, decryp�on, hash, digital signatures, and key management.
o Encryp�on: The process of conver�ng plaintext into ciphertext using algorithms and keys, making it
unreadable without the appropriate decryp�on key.
o Decryp�on: The reverse process of encryp�on, conver�ng ciphertext back into plaintext.
o Hash Func�ons: Algorithms that generate a fixed-size string (hash) from input data, used to verify data
integrity. Hashes are one-way func�ons, meaning they cannot be reversed.
o Digital Signatures: A cryptographic technique that uses public key cryptography to verify the
authen�city and integrity of a message or document.
o Key Management: The process of genera�ng, distribu�ng, and managing cryptographic keys used in
encryp�on and decryp�on.
Related Documents, Materials & Resources:
• IT Access Control Policy
• IT Media Protec�on Policy
• IT Security Incident Response Policy
116
Policy
This Informa�on Technology Physical and Environmental Protec�on Policy aims to protect the City of Golden Valley’s
physical assets and ensure a secure environment for IT opera�ons that maintain confiden�ality, integrity, and availability
of IT Systems.
Physical Access Authoriza�on and Control
The IT division shall ensure that servers, networking equipment, and other assets are stored in physically secure
loca�ons. The IT division shall enforce physical access authoriza�ons through the following steps.
Physical Authorization
1. Develop, approve, and maintain an access list of individuals who are authorized users of the City’s IT Systems
(the “Access List”).
2. Issue authoriza�on creden�als for access.
3. Review the Access List annually and when personnel changes occur.
4. Remove individuals from the Access List upon personnel changes and when posi�on responsibili�es no longer
require access.
Physical Control
The City of Golden Valley shall control and prevent unauthorized access to Physically Secure Loca�ons, including the
loca�ons of IT Systems, transmission lines and devices, and output devices such as printers, facsimile machines,
scanners, monitors, etc.
The IT division shall:
1. Designate IT areas as non-public and implement security measures such as keys, locks, combina�ons, biometric
readers, placards, card readers, and surveillance equipment.
2. Verify individual access authoriza�ons prior to allowing access to IT Systems.
3. Control ingress (entering) and egress (exi�ng) to Physically Secure Loca�ons using door access control.
4. Escort visitors and control visitor ac�vity in all Physically Secure Loca�ons of the City.
5. Inventory all agency-issued physical access devices annually.
6. Maintain physical access audit logs for City and agency-defined sensi�ve areas.
7. Review access logs, including visitor records quarterly and upon any security-related incidents.
8. Conduct inves�ga�ons including reviewing surveillance upon occurrence of any physical, environmental, or
security-related incidents.
9. Change combina�ons and keys when keys are lost, combina�ons are compromised, or when individuals
possessing the keys or combina�ons are transferred or terminated.
Environmental Controls
The IT division shall protect the IT systems, power equipment, transmission lines, and cables from damage through a
variety of environmental controls and preparedness.
Fire Protection
The IT division will work with the Fire Department to ensure that all facili�es are equipped with fire suppression and
detec�on systems that are supported by an independent energy source. Fire detec�on systems will ac�vate
automa�cally and no�fy organiza�onal personnel with physical and environmental protec�on responsibili�es and police,
fire, or emergency medical personnel in the event of a fire.
Environmental Damage Prevention
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The IT division shall consult with building maintenance personnel to con�nually monitor and maintain adequate HVAC
levels based on system manufacturer recommenda�ons. To prevent water damage the City shall provide master shutoff
or isola�on valves that are accessible, working properly, and known to key personnel.
Emergency Opera�ons
In the event of an emergency the IT Division has established the following protocols.
Emergency Shut Off
The IT division shall ensure the City has power-shut off capabili�es including emergency shut-off switches in easily
accessible loca�ons for authorized personnel. The shutoff switches are only available to authorized individuals.
Emergency Power Supply
Provide an uninterrup�ble power supply to facilitate the orderly shutdown of informa�on systems and to transi�on of
informa�on systems to an alternate power supply.
Emergency Lightning
Employ and maintain automa�c emergency ligh�ng for the system that ac�vates in the event of a power outage or
disrup�on and that covers emergency exits and evacua�on routes within the facility.
Alternate Work Site
In the event that the City’s primary Physically Secure Loca�ons become compromised, the IT division shall:
a. Assess, determine, and communicate alternate facili�es or loca�ons allowed for use by employees.
b. Employ the following security controls at alternate work sites:
i. Limit access to the area during CJI processing �mes to only those personnel authorized by the City to
access or view CJI.
ii. Lock the area, room, or storage container when unatended.
iii. Posi�on informa�on system devices and documents containing CJI in such a way as to prevent
unauthorized individuals from access and view.
iv. Follow strong encryp�on standards by implemen�ng cryptographic mechanisms to protect the
confiden�ality and integrity of informa�on. This includes data in transit and data at rest.
c. Provide a means for employees to communicate with informa�on security and privacy personnel in case of
incidents.
Training
Prior to gaining access to physically secure loca�ons all employees must review this policy. Employees with authorized
access to CJIS must complete the review of this policy annually.
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Exhibit D
O FFICIAL C ITY P OLICY
C ITY OF G OLDEN V ALLEY
General Informa�on
Policy Title: Informa�on Technology Security Incident
Response Policy
Department: Administra�ve Services, Informa�on
Technology Division
Policy Owner: Informa�on Technology Manager Policy ID:
Council Approval Date: Resolu�on Number:
Effec�ve Date: ☒New ☐ Updated
Policy Overview
Policy Descrip�on:
The Informa�on Technology (IT) division is required by the Bureau of Criminal Apprehension (BCA) to implement a
policy for managing and responding to computer security incidents.
Purpose & Scope:
This policy establishes that the IT division will iden�fy, contain, inves�gate, remedy, and respond to all computer
security incidents. This policy applies to all employees, contractors, and vendors that have access to IT facili�es and
assets.
Defini�ons:
• Data Breach: Unauthorized access and retrieval of sensi�ve informa�on.
• Security Incident: Any event that compromises the confiden�ality, integrity, or availability of informa�on or
informa�on systems.
Related Documents, Materials & Resources:
• IT Access Control Policy
• IT Media Protec�on Policy
• IT Physical and Environmental Protec�on Policy
• IT Security Incident Response Plan
Policy
Incident Response Plan
The IT division shall work with the Police department to implement an IT Incident Response Plan (the “Plan”) to respond
to all Security Incidents. The Plan shall include metrics, resources, structure, and a guide. IT staff shall distribute the Plan
to all users of systems containing Criminal Jus�ce Informa�on systems (CJIS) data. The Plan shall also be available to
anyone with incident handling responsibili�es and kept protected from unauthorized disclosure or modifica�ons.
Incident Response Training and Tes�ng
The City of Golden Valley shall provide incident response training to users prior to gran�ng access to systems and
annually therea�er. Training will include how to iden�fy, respond to, and report a Security Incident.
The City shall test the effec�veness of incident response capability annually.
119
Incident Monitoring, Handling, and Repor�ng
The IT division is responsible for tracking and documen�ng Security Incidents and for handling reported Security
Incidents.
All City staff are required to report suspected Security Incidents to IT immediately and no later than one-hour a�er
discovery. The IT division shall:
1. No�fy the Bureau of Criminal Apprehension (BCA) Security Officer (ISO) within 24 hours of discovery of a
confirmed security incident.
2. Report Security Incident informa�on to providers of affected products and services, and to other organiza�ons
involved in the systems or system components related to the Security Incident.
3. Provide system support to end-users.
4. Follow the specific IT Incident Response Plan.
5. Collaborate with the Data Prac�ces Responsible Authority and Compliance Official for all Security Incidents
involving data breaches, including but not limited to data involving personally iden�fiable informa�on and data
deemed private under applicable laws.
120
EXECUTIVE SUMMARY
Finance
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 2024
Agenda Item
6A. First Consideration of Ordinance No. 786 Amending Fee Schedule
Prepared By
Lyle Hodges, Finance Director
Summary
First consideration of the fee schedule will be presented by staff at this meeting. Council has reviewed
these rates with the proposed budget presentation as well as the Council Manager Meeting on
October 8th, 2024. This schedule shows the approved rates for 2024 and changes for 2025 rates
where applicable. The utility rates will be effective for any billing after April 1, 2025. The second
consideration of this fee schedule will be November 19th, 2024.
Financial or Budget Considerations
The rates were considered part of the 2025 budget process and reflect anticipated changes
incorporated into the budget process.
Legal Considerations
MN Statutes outline the process to approve new rates and governs some rates statutorily.
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 on First Consideration, Ordinance No. 786, establishing a 2025 Fee Schedule.
Supporting Documents
Ordinance No. 786 - 2025 Fee Schedule
Exhibit A - 2025 Proposed Fees
2025 Fee Schedule Presentation
121
ORDINANCE NO. 786
AN ORDINANCE AMENDING THE CITY CODE
Establishing 2025 Fee Schedule
The City Council for the City of Golden Valley hereby ordains:
Section 1. The City Code requires that certain fees for City services and licenses be
established from time to time by the City Council.
Section 2. The Fee Schedule attached Exhibit A is hereby adopted as the city’s fee
schedule effective January 1, 2025, unless otherwise noted. The fee schedule is on file in
the City Clerk’s Office during business hours.
Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled
“General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
First Consideration November 6, 2024
Second Consideration November 19,2024
Date of Publication December 5, 2024
Date Ordinance takes effect January 1, 2025
Adopted by the City Council this 19th day of November, 2024.
________________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
122
Council Review
1st Consideration 11/6/2024
2nd Consideration 11/19/2024
2025 Proposed Fee Schedule
123
TABLE OF CONTENTS
ADMINISTRATION
LICENSES 1
MISCELLANEOUS FEES 5
ENGINEERING 7
FIRE DEPARTMENT 10
INSPECTIONS DEPARTMENT 11
PLANNING DEPARTMENT 14
POLICE DEPARTMENT 16
PUBLIC UTILITIES 17
PARK & RECREATION
RECREATION 20
BROOKVIEW 23
BROOKVIEW GOLF COURSE / 316 BAR & GRILL 25
DONATIONS 28
CITY OF GOLDEN VALLEY FEE SCHEDULE-2025
PROPOSED FEES
124
ADMINISTRATION
LICENSES CITY CODE SECTION
RENEWAL
DATE
2024
ADOPTED FEE
2025 Proposed
Fee
AUCTIONING
CHICKEN COOP LICENSE
Initial Application Fee 75.00$ 75.00$
Annual License Renewal Fee 1-Apr 25.00$ 25.00$
CIGARETTES - TOBACCO PRODUCTS
Over the counter 1-Jan 450.00$ 450.00$
Investigation fee each individual/person 100.00$ 100.00$
DOG KENNEL
Per Kennel 1-Apr 200.00$ 200.00$
FIREWORKS
Retail consumer fireworks that sell other items 1-May 100.00$ 100.00$
Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00$ 350.00$
GARBAGE HAULERS (See also Recycling Haulers)
Base Fee per Hauler 400.00$ 400.00$
Per Vehicle 1-Apr 100.00$ 100.00$
GASOLINE STATIONS
Dispensers 1 - 4 (each)Per Location 1-Apr 75.00$ 75.00$
Over four dispensers (each) Per Location 50.00$ 50.00$
GOAT LICENSE License (30 consecutive days or 60 days in a 12 month period) 75.00$ 75.00$
LIQUOR LICENSING Setion Code 4-41
Liquor License Processing Fees - On-sale, Off sale, Beer, Wine and Sunday sale (Non-refundable)
New License
Investigation Fee - per establishment 1,500.00$ 1,500.00$
Administrative Fee 750.00$ 750.00$
Renewal
Investigation Fee - Each individual/person 200.00$ 200.00$
Administration Fee 250.00$ 250.00$
Miscellaneous Changes thru the year
Investigation Fee - Each individual/person 200.00$ 200.00$
Administration Fee 100.00$ 100.00$
Section Code 340A.408
Liquor License
Sunday Sale 1-Jul 200.00$ 200.00$
Auctioneers do not need to be licensed in the City of Golden Valley. However,
they have to show us a copy of a license or bond from the county or state and
provide us a letter on the date, time and place of the auction.
1 125
ADMINISTRATION
LICENSES CITY CODE SECTION
RENEWAL
DATE
2024
ADOPTED FEE
2025 Proposed
Fee
Off-sale 1-Jul 200.00$ 200.00$
On-sale 1-Jul 8,000.00$ 8,000.00$
Wine & Beer On-sale 1-Jul 2,000.00$ 2,000.00$
Club 1-Jul
up to 200 members 300.00$ 300.00$
200-500 members 500.00$ 500.00$
501-1000 members 650.00$ 650.00$
1001-2000 members 800.00$ 800.00$
2001-4000 members 1,000.00$ 1,000.00$
4001-6000 members 2,000.00$ 2,000.00$
Over 6000 Members 3,000.00$ 3,000.00$
Liquor - On-sale 1-Jul
Non-Intoxicating Malt 500.00$ 500.00$
Brewer Tap Room 600.00$ 600.00$
Cocktail Room 600.00$ 600.00$
Liquor - Off-sale 1-Jul
Non-Intoxicating Malt 150.00$ 150.00$
Brew Pub Malt Liquor 200.00$ 200.00$
Small Brewer 200.00$ 200.00$
Distilled Spirits 200.00$ 200.00$
Liquor - Temporary Non-Intoxicating/Intoxicating Malt Liquor License 100.00$ 100.00$
MASSAGE THERAPIST - INDIVIDUAL
Certificate each individual/person 1-Jan 100.00$ 100.00$
Investigation fee each individual/person 100.00$ 100.00$
MASSAGE THERAPIST PREMISE LICENSE 1-Jan
Operating location new applicant and renewal 500.00$ 500.00$
Investigation fee each individual/person 100.00$ 100.00$
MOBILE VENDING/SERVICES
Annual vendor registration 1-Jan 40.00$ 40.00$
Event Permits
City Parks (up to three days)50.00$ 50.00$
Other non-residential zoning districts (up to 3 days for targeted events)30.00$ 30.00$
or seasonally for regularly occuring events)
R-1 and R-2 zoning districts (up to two one-day permits in a 12 month period)30.00$ 30.00$
R-3 and R-4 zoning districts 30.00$ 30.00$
NEW/USED VEHICLE SALES 1-Sep 400.00$ 400.00$
PEDDLERS AND SOLICITORS 1-Jan
Each Employee 30.00$ 30.00$
Background check / Identification
card
2 126
ADMINISTRATION
LICENSES CITY CODE SECTION
RENEWAL
DATE
2024
ADOPTED FEE
2025 Proposed
Fee
PAWNBROKER AND PRECIOUS METAL
Dealer Location 1-Jan 5,000.00$ 5,000.00$
Dealer 1-Jan 400.00$ 400.00$
Investigation Fee 3,000.00$ 3,000.00$
Non-refundable administrative fee
$500+Actual
costs
$500+Actual
costs
APS Transaction Fee 1.30$ 1.30$
RECYCLING HAULERS (MULTI FAMILY APARTMENT)1-Apr
Base Fee per Hauler 400.00$ 400.00$
Per Vehicle 100.00$ 100.00$
RENTAL DWELLING LICENSE
Single Family Dwellings
One Unit Dwelling License 1-Jul 125.00$ 125.00$
Re-inspection 100.00$ 100.00$
Twin Homes & Duplexes License per Dwelling Unit
Per Dwelling Unit 1-May 125.00$ 125.00$
Re-inspection per unit/per address 100.00$ 100.00$
Condominiums & Townhomes License Per Dwelling Unit
Per Dwelling Unit 1-Sep 125.00$ 125.00$
Re-inspection per unit/per address 100.00$ 100.00$
Group Homes / homes with services
License Per Dwelling Unit 1-Nov 125.00$ 125.00$
Re-inspection per unit/per address 100.00$ 100.00$
Multiple Unit Dwelling 3 or more units per building 1-Mar
3 - 50 Units 175.00$ 175.00$
51 - 150 Units 225.00$ 225.00$
151 + Units 300.00$ 300.00$
Re-inspection per unit/per address 100.00$ 100.00$
Star Program Fees and discount is capped at 151 units for market rate rental properties
Non-Participant $35/unit $35/unit
Level 1 $20/unit $20/unit
Level 2 $12/unit $12/unit
Level 3 $8/unit $8/unit
Level 4 $0/unit $0/unit
SEXUALLY ORIENTED BUSINESS
License Fee per operating location 1-Jan 5,000.00$ 5,000.00$
Investigation Fee 1,500.00$ 1,500.00$
Non-refundable administrative fee 500.00$ 500.00$
3 127
ADMINISTRATION
LICENSES CITY CODE SECTION
RENEWAL
DATE
2024
ADOPTED FEE
2025 Proposed
Fee
Tetrahydrocannabinol (THC) Retail Establishment
Tetrahydrocannabinol (THC) Products (new applicant and renewal)$450.00 $0.00
Over the counter
Investigation Fee each individual/person $100.00 $0.00
Cannabis registration fee (initial)lesser of $500 or
1/2 of the
amount of the
applicable initial
license fee under
Minn. Stat. §
342.11
Cannabis registration fee (renewal)lesser of $1,000
or 1/2 of the
amount of the
applicable
renewal license
fee under Minn.
Stat. § 342.11
Cannabis retail registration violation fee $ 2,000.00
4 128
ADMINISTRATION
MISCELLANEOUS FEES
2024
ADOPTED
FEE 2025 Proposed Fee
ADDRESS CHANGE Residential 50.00$ 50.00$
Non-Residential 100.00$ 100.00$
ADMINISTRATIVE PERMIT 75.00$ 75.00$
Seasonal, Farm Produce, Christmas Tree Sales, etc in Commercial
Zoning District
ADMINISTRATIVE CITATIONS
1st citation per violation 100.00$ 100.00$
2nd citation per violation 250.00$ 250.00$
3rd citation per violation 500.00$ 500.00$
per violation 500.00$ 500.00$
CITATION APPEAL filing fee per violation 25.00$ 25.00$
CERTIFICATION FEE (SPECIAL ASSESSMENT)30.00$ 30.00$
CITY CEMETERY
Cemetery Plot 500.00$ 500.00$
Open/Close Fee:
Crematory (up to 2 per lot) per lot 200.00$ 200.00$
Burial 750.00$ 750.00$
CONDUIT DEBT ISSUANCE
Issuance of Debt (Amount of Bonds)1.00%1.00%
Refinancing Issuance Fees (Amount of Bonds)0.50%0.50%
Host City (plus pay for legal publication)500.00$ 500.00$
DOCUMENTS
City Code
Full book in binder
Cost of
book, binder
+20% $-
All information is on the Municode website at:
https://library.municode.com/mn/golden_valley/codes/code_of_ordinances
City Maps
10.00$ -$
Copies Minnesota Rules, part 1205.0300, subpart 4
Black & White - letter or legal size documents of 100 or fewer .25/page
.25/page for one sided;
.50/page for two sided
Color - letter or legal size documents 100 or fewer .33/page .33/page
All other copies Time & Material
Plats, Record Drawings, Other Plats (i.e. address maps, building plans,comp plan,
zoning)
4th citation and subsequent
violations in 12 month period
5 129
ADMINISTRATION
MISCELLANEOUS FEES
2024
ADOPTED
FEE 2025 Proposed Fee
DOCUMENTS (continued)
Digital Format
Aerial photography
time &
material time & material
Custom Maps or Map Layers
time &
material time & material
Topography
time &
material time & material
Special Assessment Search non-owner 15.00$ 15.00$
Video Reproduction per tape, DVD, CD + shipping 20.00$ 20.00$
DOMESTIC PARTNER REGISTRATION
Initial Registration 40.00$ 40.00$
Amendment/Notice of Termination 25.00$ 25.00$
ELECTRIC VEHICLE CHARGING STATION
0 - 3 hours / hour 0.90$ 0.90$
3+ hours / hour 1.20$ 1.20$
PARADE/SPECIAL EVENT 25.00$ 25.00$
PERSONNEL (OVERTIME WOULD BE 1.5 X RATE)
Staff Attorney $112/hr $134/hr
Paralegal $0.00 $64/hr
6 130
ENGINEERING
2024 ADOPTED
FEE
2025 Proposed
Fee
EASEMENT VACATION (EACH REQUEST) $ 500.00 $ 500.00
EQUIPMENT CHARGE (Per Hour) (Personnel will be added)
Utility Vehicle does not include personnel $ 55.00 $ 55.00
Utility Equipment does not include personnel $ 250.00 $ 250.00
Heavy Equipment does not include personnel costs $ 175.00 $ 175.00
Medium Equipment does not include personnel $ 100.00 $ 100.00
Light Equipment not include personnel $ 55.00 $55.00
FLOODPLAIN SEARCH LETTER $ 50.00 $50.00
FORCED TREE REMOVAL cost + 20% cost + 20%
MICROMOBILITY SHARING OPERATIONS
Implementation and oversight of License Agreement $ 500.00 $ 500.00
PERSONNEL (OVERTIME WOULD BE 1.5 X RATE)
Public Works Employee $70/hr $75/hr
NATIVE VEGETATION LANDSCAPE PERMIT $ 100.00 $ 100.00
RIGHT OF WAY
Access Permit-Temporary $ 50.00 $50.00
Delay Penalty - Right of Way Minn. Rule 7819.1000 subp. 3 $500/day $500/day
Driveway Replacement Permit $ 125.00 $ 125.00
In Boulevard Excavation Permit per opening $ 200.00 $ 200.00
In Pavement Excavation Permit per opening (includes curb alterations) $ 400.00 $ 400.00
Obstruction Permit-Permanent, per obstruction (includes courtesy benches,structures, walls, lighting, signage) $ 150.00 $ 150.00
Obstruction Permit-Permanent, (includes fences, landscaping, trees, shrubs, vegetation, irrigation) $ 50.00 $ 50.00
Obstruction permit-Temporary (includes use of parking lane, sidewalk, boulevard, driving lane, alley) $ 100.00 $ 100.00
RIGHT OF WAY (continued)
Overhead Utility Repair per location $- $-
Underground Utility
0 to 100 Feet
Administrative permit fee $ 250.00 $ 250.00
per foot fee $1.50 $1.50
over 100 Feet
Administrative permit fee $ 400.00 $ 400.00
per foot fee $1.00 $1.00
Service Drop meeting conditions
Not parallel to right-of way at leats 10' from any city facility or utility, less
than 1' wide, and depth in accord with law or, if none, industry standard $ - $ -
STREET ASSESSMENTS
Residential/Single Family/Duplex, per dwelling unit on local street TBD before TBD before
Multi Unit Residential (more than 2 dwelling units) on local street hearing hearing
Residential/Single Family/Duplex, per dwelling unit on state aid street
Multi Unit Residential (more than 2 dwelling units) on state aid street
Sewer jet, vac truck, sewer camera
Front end loader, 360 Backhoe, Pickup sweeper, Tandem axle truck, Aerial truck
Single axle dump truck, Water truck, Tractor backhoe, Utility tractor/ accessory, 15 ft cut lawn mower, brush
chipper, asphalt roller, asphalt paver, skid steer, tool cat, trackless
Truck - one ton and under, Air compressor, Water pump, Generator, Steamer, Asphalt/saw, Concrete, Cable
tracer)
7 131
ENGINEERING
2024 ADOPTED
FEE
2025 Proposed
Fee
Other Zonings, Local Streets
Other Zonings, State Aid Streets
Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum $250/maximum
(Seven percent of total or maximum fee -whichever lessor)
Low Income Level for Senior/Retired due to Disability Deferral Current HUD Limits Current HUD Limits
STORMWATER MANAGEMENT
Projects that do not require watershed review - No post construction BMPs $ 100.00 $ 100.00
New Home Construction - no watershed review - No post construction BMPs $ 400.00 $ 400.00
Projects that require watershed review or require Post Construction BMPs $ 600.00 $ 600.00
TREE AND LANDSCAPE PERMIT
Single Family Residential $ 150.00 $ 150.00
All Other Projects $ 500.00 $ 500.00
Tree Mitigation Fee (per tree)$500/tree $500/tree
UTILITY PERMITS
Water Meter Permit $ 150.00 $ 150.00
Water Tapping Permit $ 150.00 $ 150.00
Water Cut-off Permit $ 150.00 $ 150.00
Sewer Permit (connection) $ 150.00 $ 150.00
Sewer Repair Permit $ 150.00 $ 150.00
Sewer Cut-off Permit $ 150.00 $ 150.00
Sewer & Water Permits for Commercial Projects (Fee Based on Plumbing Value and
if there is a Plan the Plan Review Fee would be 65% of the Fee)
State Surcharge - each permit $1.00 $1.00
Sewer Repair CCTV Inspection $ 150.00 $ 150.00
WETLAND MANAGEMENT (PLUS PROFESSIONAL FEES IF NECESSARY) $ 200.00 $ 200.00
WIRELESS AESTHETICS
Collocation Agreement
Rent to collocate on the City structure Up to $150.00 Up to $150.00
Maintenance associated with the collocation $ 25.00 $25.00
Electrical Service-monthly
Per radio node less than or equal to 100 maximum watts $ 73.00 $ 73.00
Per radio node over 100 maximum watts $ 182.00 $ 182.00
When a project is approved the street assessment will be considered following the special assessment policy.
8 132
FIRE DEPARTMENT
2024
ADOPTED
FEE
2025
Proposed
Fee
CARSEAT INSTALLATIONS/INSPECTIONS
Non-resident 20.00$ -$
Each additional 10.00$ -$
EQUIPMENT CHARGE PER HOUR
Fire Engine (includes personnel)250.00$ 250.00$
Fire Rescue Truck (includes personnel) 250.00$ 250.00$
Fire Aerial Truck (includes personnel) 350.00$ 350.00$
Police and Fire Rescue Truck (includes personnel) 250.00$ 250.00$
Fire Boat (includes personnel)75.00$ 75.00$
Fire ATV (includes personnel)75.00$ 75.00$
Fire Life Safety Trailer (includes personnel) 200.00$ 200.00$
Gas Lines, construction damage with Fire Department Response 250.00$ 250.00$
FIRE COMMERCIAL COOKING VENTILATION SYSTEMS (HOOD AND DUCT CLEANING)
Inspection 75.00$ 75.00$
Re-inspection 150.00$ 150.00$
FIRE SPRINKLER, FIRE ALARMS & SPECIAL FIRE SUPPRESSION SYSTEMS
New Installation or Alteration of Existing
Ref. MN Rules 1300.0160,subd. 1, subd. 2
Total valuation based on below fee schedule:
FROM TO FEES
$0 $500
$50.00
$501 $2,000 $50.00 for the first $500 plus $3.05 for each additional $100 or
fraction thereof, up to and including $2000
$2,001 $25,000
$95.75 for the first 2,000 plus $14.00 for each additional $1,000 or
fraction thereof, up to and including $25,000
$25,001 $50,000
$417.75 for the first $25,000 plus $10.95 for each additional $1,000
or fraction thereof, up to and including $50,000
$50,001 $100,000
$691.50 for the first $50,000 plus$ $7.34 for each additional $1,000
or fraction thereof, up to and including $100,000
$100,001 $500,000
$1,058.50 for the first $100,000 plus $6.00 for each additional
$1,000 or fraction thereof, up to and including $500,000
$500,001 $1,000,000
$3,458.50 for the first $500,000 plus $5.00 for each additional
$1,000 or fraction thereof, up to and including $1,000,000
$1,000,001 and up
$5,958.50 for the first $1,000,000 plus $4.00 for each additional
$1,000 or fraction thereof
VALUATION
9 133
FIRE DEPARTMENT
2024
ADOPTED
FEE
2025
Proposed
Fee
FIREWORKS/PYROTECHNIC SPECIAL EFFECTS
Permit fee includes required rental of fire engine and crew for one hour stand-by at display 350.00$ 350.00$
FLOOR DRY (ACCIDENTS)per bag 20.00$ 20.00$
FUEL TANKS
Permanent above/underground
Use Fire Sprinkler, Fire Alarms & Special Fire Suppression Systems Table Above
Fuel, Compressed Gasses, Hazardous Materials, and Associated Appliances & Piping
Temporary LP Tank/Fuel Tank per tank 50.00$ 50.00$
PERSONNEL (OVERTIME WOULD BE 1.5 X RATE)
Full-time Fire Personnel (scheduled time after hours -minimum 2 hours)$75/hr $80/hr
Paid On-Call Fire Personnel $35/hr $40/hr
TENT/CANOPY INSPECTIONS - REQUIRED FOR TENT EXCEEDING 400 SQ FT AND 50.00$ 50.00$
canopies exceeding 700 sq ft (per site)
each additional tent and/or canopy (per site)25.00$ 25.00$
WEED ERADICATION/LAWN MOWING - PER HOUR (SEE MINIMUMS)
Occupied/unoccupied residential/commercial property - 3 hour minimum $125/hr $125/hr
SECOND OR MORE VIOLATIONS IN A 12-MONTH PERIOD
Occupied/unoccupied residential/commercial property - 3 hour minimum $250/hr $250/hr
10 134
INSPECTIONS
2024
ADOPTED FEE
2025
Proposed Fee
WORKING WITHOUT A PERMIT - INVESTIGATION FEE
The greater of $100 or 25% of the permit fee, not to exceed $500. Fee not to exceed permit fee.
www.goldenvalleymn.gov/permits/pdf/building-fees.pdf
WHEN APPLICABLE, A PLAN REVIEW FEE WILL BE ADDED TO PERMIT APPLICATIONS
65% of permit
fee
65% of
permit fee
BUILDING PERMIT FEES BASED ON FEE SCHEDULE BELOW.
Mandatory State Surcharge: per permit is a minimum of .50 and when a permit
fee is over $1,000 in value the state surcharge is .0005 times the permit value.
Surcharge is remitted to MN State Treasurer.
Permit Cancellation Policy: 80% of the permit fee will be returned upon written
notice of cancellation. If an inspection has been done no refund will be given.
HVAC CONTRACTORS LICENSE FEE (April 1-March 31)75.00$ 75.00$
100.00$ 100.00$
BUILDING PERMITS BASED ON SCHEDULE BELOW:
Mandatory State Surcharge: per permit is a minimum of .50 and when a permit
fee is over $1,000 in value the state surcharge is .0005 times the permit value.
Surcharge is remitted to MN State Treasurer.
Cancellation and Refund Policy
Permits: 80% of the permit fee will be returned refunded upon written
notice of cancellation. If an inspection has been done no refund can be given.
Plan Review: Plan review fees are non-refundable once plan review has been started
Surcharges, Electronic Document Fees and other related fees: Non-refundable
BUILDING PLAN/STORAGE RETRIEVAL 50.00$ 50.00$
BUILDING PERMITS (Ref. MN Rules 1300.0160,subd. 1, subd. 2)
Table 1
Total valuation based on below fee schedule:
FROM TO FEES
$1 $500 $50.00
$501 $2,000 $50.00 for the first $500 plus $3.05 for each additional $100 or fraction
thereof, up to and including $2000
$2,001 $25,000 $95.75 for the first 2,000 plus $14.00 for each additional $1,000 or
fraction thereof, up to and including $25,000
$25,001 $50,000 $417.75 for the first $25,000 plus $10.95 for each additional $1,000 or
fraction thereof, up to and including $50,000
$50,001 $100,000 $691.50 for the first $50,000 plus$ $7.34 for each additional $1,000 or
fraction thereof, up to and including $100,000
$100,001 $500,000
$1058.50 for the first $100,000 plus$ $6.00 for each additional $1,000
or fraction thereof, up to and including $500,000
The fee will be charged by the Building Official or designee where additional time and expense is incurred by the
City to achieve code compliance.
VALUATION
ALL BUILDING PERMIT VALUATION DATA WILL BE BASED ON THE CURRENT INTERNATIONAL CODE
COUNCIL OR CONTRACT
REINSPECTION FEE
11 135
INSPECTIONS
2024
ADOPTED FEE
2025
Proposed Fee
$500,001 $1,000,000
$3,458.50 for the first $500,000 plus $5.00 for each additional $1,000
or fraction thereof, up to and including $1,000,000
$1,000,001 and up
$5,958.50 for the first $1,000,000 plus $4.00 for each additional $1,000
or fraction thereof
ELECTRICAL
State Surcharge - each permit 1.00$ 1.00$
Minimum Fee
Minimum permit fee is $50.00 plus $1.00 State surcharge. This is for one inspection only.
Minimum fee for rough-in inspection and final is $100.00 plus $1.00 State surcharge.
Maximum Fee
Maximum fee for single family dwelling or townhouse not over 200 Amps is $200.00
plus $1.00 State surcharge. Maximum of 3 inspections.
0 to 300 Amp 50.00
400 Amp 58.00
Add $14.00 for each additional 100 Amps.
Circuits and Feeders
0 to 30 Amp 8.00
31 to 100 Amp 10.00
Add $5.00 for each additional 100 Amps.
Apartment Buildings per unit 85.00$ 85.00$
house wiring
Reinspection fee 100.00$ 100.00$
Remote Control and Signal Circuits per device 0.75$ 0.75$
Retro Fit Lighting per fixture 0.65$ 0.65$
Saver Switch 35.00$ 35.00$
Service Replacement 100.00$ 100.00$
Sign Transformer per transformer 8.00$ 8.00$
Solar PV Installation Per Minnesota Solar PV System most current Fee Chart
Street Lights and parking lot lights per each standard 4.00$ 4.00$
SubPanel Replacement 40.00$ 40.00$
Swimming Pool includes maximum 2 inspections 100.00$ 100.00$
ELECTRICAL (continued)
Traffic Signals per each standard 7.00$ 7.00$
Transformers and Generators
up to 10 KVA 10.00$ 10.00$
11 - 74 KVA 40.00$ 40.00$
75 - 299 KVA 60.00$ 60.00$
over 300 KVA 150.00$ 150.00$
The inspection fee for the installation, addition, alteration or repair of each circuit, feeder,
Fee per unit of an apartment or condominium complex. This does not cover service and house
12 136
INSPECTIONS
2024
ADOPTED FEE
2025
Proposed Fee
MECHANICAL: HVAC, GAS PIPING, REFRIGERATION AND FIREPLACE
Includes all types of fireplaces - masonry, gas, gas log, gas insert, etc.
Value Permit charge
$0 $1,000 $50.00
$1,001 $5,000 $75.00 + 2.60%
$5,001 $10,000 $179.00 + 2.15%
$10,001 $25,000 $286.50 + 1.85%
$25,001 $50,000 $534.00 + 1.65%
$50,001 and up $946.50 + 1.30%
PLUMBING AND PIPING FIXTURES
Includes hydraulic sewer valves, rain water leaders, and alteration to existing systems.
Value Permit charge
$0 $1,000 $50.00
$1,001 $5,000 $75.00 + 2.60%
$5,001 $10,000 $179.00 + 2.15%
$10,001 $25,000 $286.50 + 1.85%
$25,001 $50,000 $534.00 + 1.65%
$50,001 and up $946.50 + 1.30%
ELECTRONIC DOCUMENT FEE
Based on Permit Fee permits with fixed fee or charged by item 2.85% 2.85%
do not have an electronic fee
HOUSE/BUILDING
Moving 500.00$ 500.00$
Demolition 500.00$ 500.00$
PERMIT CANCELLATION
Request must be made within 180 days of permit issue date. and no inspection has occurred
80% of permit
fee
80% of
permit fee
SEWER ACCESS CHARGE (SAC) -CITY per unit 750.00$ 800.00$
PARTIAL OCCUPANCY APPROVAL
Partial Occupancy Permit Administrative fee 300.00$ 300.00$
WATER ACCESS CHARGE (WAC) -CITY per unit 2,000.00$ 2,150.00$
No surcharge or plan review fees will be returned (includes the fees for stormwater management, right-of-way
(ROW) and tree preservation permits). Subject to Department Policies.
SAC Charges shall be based on the Residential Equivalent Connection Units (REC) resulting from the use of the
City Water/Sewer systems. The REC shall equal the number of SAC Units determined under the SAC
Determination to which the building permit relates.
WAC Charges shall be based on the Residential Equivalent Connection Units (REC) resulting from the use of the
City Water/Sewer systems. The REC shall equal the number of SAC Units determined under the SAC
Determination by the Metropolitan Council to which the building permit relates.
13 137
PLANNING
2024
ADOPTED
FEE 2025 Proposed Fee
ACCESSORY DWELLING UNIT
Administrative Review 150.00$ 150.00$
By Conditional Use Permit 400.00$ 400.00$
CONDITIONAL USE ITEMS
Conditional Use Permit 400.00$ 400.00$
Amendment to Conditional Use Permit 300.00$ 300.00$
Extension 125.00$ 125.00$
FUTURE LAND USE MAP AMENDMENT 1,000.00$ 1,000.00$
OUTDOOR SERVICES AREAS
Application for Targeted Zoning District 200.00$ 200.00$
Renewal Fee 100.00$ 100.00$
PARK DEDICATION FEES Minnesota Statute 462.358
PLANNED UNIT DEVELOPMENT
Preliminary PUD Plan 1,000.00$ 1,000.00$
Final PUD Plan 1,000.00$ 1,000.00$
Extension 150.00$ 150.00$
PLANNED UNIT DEVELOPMENT - MAJOR AMENDMENT 500.00$ 500.00$
PLANNED UNIT DEVELOPMENT - MINOR AMENDMENT 250.00$ 250.00$
PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE AMENDMENT 100.00$ 100.00$
RECORD REAL ESTATE ITEMS
Easements, CUP, PUDs, Development Agreements, Simplifile
Henn
County Fee
E-Recording
Fee/SimpliFile Fee $5
SIGN PERMIT
Temporary Sign 50.00$ 50.00$
Special Temporary Sign
Additional
$50.00 Additional $50.00
Permanent Sign 100.00$ 100.00$
Building and Electrical permits maybe required.
SITE PLAN REVIEW
Initial Review 500.00$ 500.00$
Plan Revision 100.00$ 100.00$
SUBDIVISION 400.00$ 400.00$
Extension to Submit Final Plat 150.00$ 150.00$
SUBDIVISION - MINOR 250.00$ 250.00$
6% of Land
Value 6% of Land Value
14 138
PLANNING
2024
ADOPTED
FEE 2025 Proposed Fee
Extension to Submit Final Plat 150.00$ 150.00$
TAX PARCEL DIVISION 100.00$ 100.00$
TEMPORARY RETAIL SALES for each sale, up to five days 150.00$ 150.00$
VARIANCE FROM ZONING CODE
Single-Family Residential Zoning District 200.00$ 200.00$
All other Zoning Districts 300.00$ 300.00$
Extension 150.00$ 150.00$
Appeal of Determination 100.00$ 100.00$
ZONING EXAMINATION LETTER 100.00$ 100.00$
ZONING MAP AMENDMENT 500.00$ 500.00$
ZONING PERMIT (Fence, Shed, Deck, Patio, Garden Structure)25.00$ 25.00$
15 139
POLICE DEPARTMENT
2024
ADOPTED FEE
2025
Proposed
Fee
ALARM SYSTEM - FALSE ALARMS (12 month period beginning March 1 of each year upon given notice)
1-3 false alarms -$ -$
4-10 false alarms 100.00$ 100.00$
11-15 false alarms 150.00$ 150.00$
16 or more false alarms 250.00$ 250.00$
ANIMAL CONTROL
Impound Fee for dogs 50.00$ 50.00$
Boarding Fee for dogs and cats per day (7 day maximum)20.00$ 20.00$
Dangerous Dog License 250.00$ 250.00$
-$ Up to $1,000
EQUIPMENT CHARGE PER HOUR
Police Rescue Truck (includes personnel)250.00$ 250.00$
Squad Car (includes personnel)110.00$ 110.00$
FINGERPRINTING
Golden Valley Resident 10.00$ 10.00$
Anyone employed in Golden Valley 25.00$ 25.00$
Additional Card 5.00$ 5.00$
FORFEITED DWI VEHICLE ADMINISTRATIVE FEE 1,000.00$ 1,000.00$
NUISANCE SERVICE CALL FEE (AFTER THREE CALLS)250.00$ 250.00$
PERSONNEL (OVERTIME WOULD BE 1.5 X RATE)$109/hour N/A
Off Duty Police Officer (minimum applies as determined by
City Manager/designee)
Dangerous/Potentially Dangerous Dog Appeal Hearing:
If dangerous dog/potentially dangerous dog declaration upheld,
actual expense of hearing up to $1,000.
16 140
PUBLIC UTILITIES
Rates begin with any billing after April 1
2024
ADOPTED FEE
2025
Proposed Fee
RESIDENTIAL UTILITY RATES - QUARTERLY BILLING
(includes all residential classes except those classified as apartments)
Penalties (for late payment on current balance) 8% 8%
Sanitary Sewer (in 1000 gallons)
Residential (per dwelling unit) (Flat Rate)- 5 and under units-winter qtr consumption 88.38$ 91.03$
Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption 91.64$ 94.39$
Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption 100.79$ 103.81$
Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption 114.91$ 118.36$
Residential (per dwelling unit) (Flat Rate) - 26-39 units-winter qtr consumption 150.56$ 155.08$
Residential (per dwelling unit) (Flat Rate) - 40-59 units-winter qtr consumption 173.38$ 178.58$
Residential (per dwelling unit) (Flat Rate) - 60-79 units-winter qtr consumption 186.50$ 192.10$
Residential (per dwelling unit) (Flat Rate)- 80 to 99 units-winter qtr consumption 210.86$ 217.19$
Residential (per dwelling unit) (Flat Rate)- 100 and over units-winter qtr consumption 250.25$ 257.76$
Recycling -
Residential curbside (per unit) -Recycling 19.00$ 20.00$
Organics (Starting January 2022)
Residential curbside (per unit) -Organics 19.00$ 20.00$
Storm Sewer Utility Rate
Charge for a Residential Equivalent Factor of 1.00 87.00$ 90.00$
Each single family residential property is considered to be 1/3 of an acre.
Street Lights
Ornamental (per unit)13.97$ 14.39$
Overhead (per unit)9.63$ 9.92$
Water
Minimum fee, includes up to 1,000 gallons of flow 23.00$ 24.15$
Water meters up to and including 1"23.00$ 24.15$
Water meters over 1" and including 2"124.14$ 130.35$
Water meters over 2" and including 4"170.94$ 179.49$
Water meters over 4"216.45$ 227.27$
Above 1,000 gallons of flow per quarter up to 79,000 (per 1,000 gallons)7.43$ 7.80$
80,000 gallons and over of flow per quarter (per 1,000 gallons)7.46$ 7.83$
Emergency Water Supply - per 1000 gallons N/A N/A
2.43$ 2.43$
Irrigation Accounts (All) - Monthly Billing
Minimum fee, includes up to 1,000 gallons of flow 23.00$ 24.15$
Water rate per 1000 gallons 7.46$ 7.68$
COMMERCIAL & INDUSTRIAL UTILITY RATES - MONTHLY BILLING
Inspection Fee for Fire lines 2.00$ 2.00$
Penalties (for late payment on current monthly billings)5%5%
Water Connection Fee (Fee charged by State for each water hookup)
17 141
PUBLIC UTILITIES
Rates begin with any billing after April 1
2024
ADOPTED FEE
2025
Proposed Fee
Sanitary Sewer
Water meters up to and including 1" 14.93$ 15.38$
Water meters over 1" and including 2" 38.46$ 39.61$
Water meters over 2" and including 4" 53.50$ 55.11$
Water meters over 4" 68.17$ 70.22$
Based on per 1,000 gallons 6.47$ 6.66$
Note: Water Meter Flow is used to establish sewer flow unless a
separate sewer flow meter has been established.
Storm Sewer Utility Rate
Charge per acre for property X Residential Equivalency Factor (REF) 29.12$ 29.99$
Street Lights
Ornamental (per unit)4.66$ 4.80$
Overhead (per unit)3.21$ 3.31$
Water Connection Fee - State charge for each water hookup - (January 1) 0.81$ 0.81$
Water Usage:
Minimum fee, includes up to 1,000 gallons of flow 23.00$ 24.15$
Water meters up to and including 1" 23.10$ 24.26$
Water meters over 1" and including 2" 41.38$ 43.45$
Water meters over 2" and including 4" 56.98$ 59.83$
Water meters over 4" 72.15$ 75.76$
Water rate per 1000 gallons 7.46$ 7.83$
Emergency Water Supply - per 1000 gallons N/A N/A
OTHER UTILITY FEES
Driveway Covers - Replace 150.00$ 150.00$
Hydrant Maintenance (Private)
Materials, parts, labor
Actual Cost +
20% admin
Actual Cost +
20% admin
Hydrant Meter Rental
Residential (per day + consumption) 2.00$ 2.00$
Commercial (per day + consumption) 5.00$ 5.00$
Commercial (rate per day after 60 days + consumption) 10.00$ 10.00$
Deposit (residential)300.00$ 300.00$
Deposit (commercial) 2,000.00$ 2,000.00$
Repair Parts cost +20% cost +20%
Meter Read - Manual Read of Water/Sewer Meter/Upgrade-4th Letter 100.00$ 100.00$
Meter Testing (to be returned if meter is in error of 5% or more of read)50.00$ 50.00$
Sanitary Sewer Inspections and Compliance Fees
Ordinance No. 352
Noncompliant discharge into sanitary sewer(or refuse inspection)
Single Family Residential $500/month $500/month
Non Single Family Residential $1,000/month $1,000/month
Application fee for noncompliant winter discharge into sanitary sewer per month 250.00$ 250.00$
18 142
PUBLIC UTILITIES
Rates begin with any billing after April 1
2024
ADOPTED FEE
2025
Proposed Fee
Application fee for certificate of sewer regulations compliance
Single Family Residential (R-1 or R-2), per structure 250.00$ 250.00$
Non Single Family Residential (all other structures), per structure 750.00$ 750.00$
Video Review
Residential video record completed by private licensed plumber 100.00$ 100.00$
Non-residential video record completed by private licensed plumber 375.00$ 375.00$
Sump Pump Inspection 50.00$ 50.00$
Water Meter and Parts (All)At cost +20% At cost +20%
Water on/off per each event
(business day)25.00$ 25.00$
(after hours)175.00$ 175.00$
19 143
PARK & RECREATION
2024 ADOPTED
FEE
2025 Proposed
Fee
ACTIVITIES
Rates/Fees are printed in Seasonal Activities Catalogs (Spring/Summer, Fall, Winter).
Staff will pro-rate and make program/event/activity fee adjustments as necessary.
Adult (Non-resident fees applicable)
Individual Athletics/Fitness $20.00-$150.00 $20.00-$150.00
Programs $1.00-$150.00 $1.00-$150.00
Special Events $0.00-$75.00 $0.00-$75.00
Open Gyms
Drop-in fee $5.00 $5.00
10-time Punch Pass $40.00 $40.00
55+ Adult Newsletter Subscription $5.00-$8.00 $5.00-$8.00
Presentation/Discussion Groups $1.00-$5.00 $1.00-$5.00
Adult Trips & Sports Leagues (Non-resident fees non-applicable)
Trips - 1-6 day Market Rate Market Rate
Sports Leagues $100.00-$900.00 $100.00-$900.00
Sports League Cancelation Fee $40.00 $40.00
Youth
Athletics $10.00-$200.00 $10.00-$200.00
Programs and Camps $5.00-$175.00 $5.00-$175.00
Trips/Events $0.00-$150.00 $0.00-$150.00
BACKYARD INDOOR PLAYGROUND
Daily Rates
Resident $5.00 $5.00
Non-resident $6.00 $6.00
Twilight (last hour of daily operation) $2.00 $2.00
Socks $2.00 $2.00
10 Punch Pass - Resident $40.00 $40.00
10 Punch Pass - Non-resident $50.00 $50.00
Group Rates
Pre-reservation required; Ratio of 10:1 youth/adult; 1 payment only
Groups of 15 kids or more, max 50, includes use of a party room when available $5.00 $5.00
Party Rates
Includes 2 hrs party room; 10 wristbands; extra wristbands may be
Resident $110.00 $110.00
Non-resident $130.00 $130.00
Picnic Packages
Three One SIx Bar + Grill will provide food package options for party groups.
Entire Playground Private Rental
Includes 2 hrs exclusive use of playground and 2 party rooms
Resident $275.00 $275.00
Non-resident $300.00 $300.00
Additional hour $100.00 $100.00
OTHER PARK & RECREATION FEES
Athletic Field
Resident - no attendent per hour/per field (min 2 hrs) $25.00 $25.00
Resident - with attendent per hour/per field (min 2 hrs)$45.00 $45.00
purchased for daily rate (max of 20 people total per party room)
20 144
PARK & RECREATION
2024 ADOPTED
FEE
2025 Proposed
Fee
Non-resident - no attendent per hour/per field (min 2 hrs) $35.00 $35.00
Non-resident - with attendent per hour/per field (min 2 hrs)$55.00 $55.00
With Lights (requires attendent)per hour/per field $10.00 $10.00
All day tournament
Resident per day/per field $150.00 $150.00
Non-resident per day/per field $250.00 $250.00
Field Attendant per hour $20.00 $20.00
Beer/Wine Permit (only with Picnic Shelter rental)$50.00 $50.00
Davis Community Center Gym
Resident per hour $30.00 $30.00
Non-resident per hour $40.00 $40.00
Entire Park Use (plus facility rental fees)
Resident up to 12 hrs $850.00 $850.00
Non-resident up to 12 hrs $1,200.00 $1,200.00
Equipment Use Fee Permit
Inflatable, climbing wall, zipline, etc Each $25.00 $25.00
Gazebo/Sun Shelter
Resident per hour $25.00 $25.00
Non-resident per hour $35.00 $35.00
Resident per hour $30.00 $30.00
Non-resident per hour $40.00 $40.00
Community Garden Container
Resident $40.00 $40.00
Non-resident $55.00 $55.00
Dog Bag Station Sponsorship
Initial Sponsorship $375.00 $375.00
$160.00 $160.00
Park Shelter Building
Resident per hour $25.00 $25.00
Non-resident per hour $35.00 $35.00
Key/Fob Deposit refundable when returned $25.00 $25.00
Renovated Park Shelter Building
Resident per hour (2 hr min) $40.00 $40.00
Non-resident per hour (2 hr min) $50.00 $50.00
Damage & Use Guideline Compliance Deposit $100.00 $100.00
Picnic Pavilion Rental at Brookview
Small Pavilion (up to 50 people)
Resident $115.00 $115.00
Non-resident $150.00 $150.00
Large Pavilion (up to 100 people)
Resident $150.00 $150.00
Non-resident $200.00 $200.00
Picnic Shelter Damage & Use Guideline Compliance Deposit
Charged at time of reservation and refundable $250.00 $250.00
Professional Photo/Video Use of Specific Park Area (plus facility rental fees)
Resident per hour $100.00 $100.00
Non-resident per hour $125.00 $125.00
Sand Volleyball Courts at Brookview (2 courts)
Hockey Rink (outdoor)
Renewal Sponsorship for dog bags
Charged at time of reservation and refundable
21 145
PARK & RECREATION
2024 ADOPTED
FEE
2025 Proposed
Fee
Resident per hour/per court $15.00 $15.00
Non-resident per hour/per court $20.00 $20.00
With Lights per hour/per field $10.00 $10.00
Tennis or Pickleball Court
Tournament per day/per court
Resident $75.00 $75.00
Non-resident $100.00 $100.00
Court
Resident per hour $7.00 $7.00
Non-resident per hour $9.00 $9.00
Youth Athletic Association
Player Field Maintenance Fee
Resident & Non-resident er person/per season $8.00-$12.00 $8.00-$12.00
Organization Field Maintenance Fee per organization/per season $100.00- $100.00-
22 146
BROOKVIEW
Room Option Capacity Hours
Sweeney Lake Conference Rm - 12 max 2 hr min
North 50 – seated chairs only 2 hr min
South Waiting for #2 hr min
Both Waiting for #2 hr min
Twin Lake Rm -4 No minimum
Fossil Creek Rm -4 No minimum
Hideout - 20 – seated at tables 2 hr min
Clubhouse - 20 – seated at tables 2 hr min
Room Option Capacity Hours Mon-Thur Fri Sat Sun
Bassett Creek 250 (200 @ rounds, 12 head table)14 hr (10 am-12 am)$1600 + tax $2000 + tax $1400 + tax
250 (216 @ rectangles, 12 head table)Hourly (2 hr min) $100/hr + tax $120/hr + tax $150/hr + tax $100/hr + tax
North 72 (72 at rounds & 12 at head table)Hourly (2 hr min) $65/hr + tax $70/hr + tax $90/hr + tax $65/hr + tax
South 72 (Classrm/presentation at rectangles)Hourly (2 hr min) $65/hr + tax $70/hr + tax $90/hr + tax $65/hr + tax
Lilac Room -No minimum
Wirth Lake Rm -40 2 hr min
Rice Lake Conference Rm - 12 max 2 hr min
Evergreen Deck - 104 – seated chairs only 2 hr min
204 – seated chairs only 2 hr min
Deck Event/Ceremony Fee
(set-up of chairs, equipment, basic PA)
Special Set-up/Clean-up
Banquet/Event Attendant
Outdoor Heater
Drapery
Room Option Capacity Hours
Sweeney Lake Conference Rm - 12 max 2 hr min
North 25 – seated chairs only 2 hr min
South 25 2 hr min
Both 25 2 hr min
Twin Lake Rm -4 No minimum
Fossil Creek Rm -4 No minimum
Hideout - 20 – seated at tables 2 hr min
Clubhouse - 20 – seated at tables 2 hr min
Room Option Capacity Hours Mon-Thur-- Fri Sat Sun
Bassett Creek 250 (200 @ rounds, 12 head table)14 hr (10 am-12 am)$1800 + tax $2200 + tax $1600 + tax
250 (216 @ rectangles, 12 head table)Hourly (2 hr min) $130/hr + tax $150/hr + tax $180/hr + tax $130/hr + tax
North 84 (72 at rounds & 12 at head table)Hourly (2 hr min) $80/hr + tax $85/hr + tax $105/hr + tax $80/hr + tax
South 72 (Classrm/presentation at rectangles)Hourly (2 hr min) $80/hr + tax $85/hr + tax $105/hr + tax $80/hr + tax
Lilac Room -No minimum
Wirth Lake Rm -40 2 hr min
Upper Level
Full Rm
$15/hr + tax
$50/hr + tax
$30/hr + tax
2025 PROPOSED FEES
RESIDENT (Live or work in GV, book 24 months in advance for 14.5 hr, 12 months in advance for hourly)
Lower Level
Mon-Sun
$30/hr + tax
Valley Room
$55/hr + tax
$55/hr + tax
$85/hr + tax
$15/hr + tax
$15/hr + tax
$30/hr + tax
$30/hr + tax
ADD-ON'S
Varies based on needs
$50 minimum
$25/hour
$50
$200-$500
All rooms
$60/hr + tax
Fairway Deck -
$60/hr + tax
- $200
$15/hr + tax
$15/hr + tax
$40/hr + tax
$40/hr + tax
Upper Level
NON-RESIDENT (Book 22 months in advance for 14 hr, 10 months in advance for hourly)
Lower Level
Mon-Sun
$40/hr + tax
Valley Room
$65/hr + tax
$65/hr + tax
$100/hr + tax
Banquet Room
Banquet Room
Full Rm
$15/hr + tax
$60/hr + tax
23 147
Rice Lake Conference Rm - 12 max 2 hr min
Evergreen Deck - 104 – seated chairs only 2 hr min
204 – seated chairs only 2 hr min
Deck Event/Ceremony Fee
(set-up of chairs, equipment, basic PA)
Special Set-up/Clean-up
Banquet/Event Attendant
Outdoor Heater
Drapery
CATERING
per caterer
per event
per event
$40/hr + tax
$75/hr + tax
24-month Venue Approval $100
Facility Use 12%
Additional Clean-up $50
ADD-ON'S
Varies based on needs
$50 minimum
$30/hour
$50
$200-$500
All rooms
Fairway Deck -
$75/hr + tax
- $220
24 148
BROOKVIEW GOLF COURSE / 316 BAR & GRILL
2024 ADOPTED FEE 2025 Proposed Fee
REGULATION COURSE
18 Hole 45.00$ 45.00$
18 Hole Club Member 37.00$ 37.00$
18 Hole Senior Club Member (Age 60+)33.00$ 33.00$
18 Hole Senior (Age 60+)38.00$ 38.00$
18 Hole League 45.00$ 45.00$
18 Tournament 45.00$ 45.00$
9 Hole 24.00$ 24.00$
9 Hole Club Member 20.50$ 20.50$
9 Hole Senior Club Member (Age 60+)19.00$ 19.00$
9 Hole Senior (Age 60+)21.00$ 21.00$
9 Hole League 24.00$ 24.00$
9 Hole Tournament 24.00$ 24.00$
2nd Nine 21.00$ 21.00$
2nd Nine Club Member 16.50$ 16.50$
Sunrise/Sunset Rate 21.00$ 21.00$
Twilight 25.00$ 25.00$
Twilight Club Member 20.50$20.50$
Junior Rate Club Member $28.50/$16.00 $28.50/$16.00
Junior Rate $31.00/$18.50 $31.00/$18.50
Golf Shop Merchandise Market Rate Market Rate
PAR 3 COURSE
9 Hole 16.00$ 16.00$
9 Hole Club Member 12.50$ 12.50$
9 Hole Senior Club Member (Age 60+)11.50$ 11.50$
9 Hole Senior (Age 60+)13.00$ 13.00$
9 Hole League 16.00$ 16.00$
9 Hole Tournament 16.00$ 16.00$
9 Hole Junior Rate Club Member 11.50$ 11.50$
9 Hole Junior 13.00$ 13.00$
9 Hole Youth on Course 7.50$ 7.50$
2nd 9 Par 3 11.00$ 11.00$
Junior Par 3 Season Pass 90.00$ 90.00$
Golf Shop Merchandise Market Rate Market Rate
CART RATES
18 Hole Power Cart 36.00$ 36.00$
18 Hole Tournament Cart 36.00$ 36.00$
18 Hole Club Member Cart 30.00$ 30.00$
9 Hole Tournament Cart 23.00$ 23.00$
9 Hole Power Cart 23.00$ 23.00$
9 Hole Par 3 Power Cart 19.00$ 19.00$
Pull Cart/Regulation Course 5.00$ 5.00$
Pull Cart/Par 3 Course 4.00$ 4.00$
25 149
BROOKVIEW GOLF COURSE / 316 BAR & GRILL
2024 ADOPTED FEE 2025 Proposed Fee
Trailer fee/Use of personal power cart $15.00/$10.00 $15.00/$10.00
CLUB MEMBER CARDS
Resident Adult 85.00$ 85.00$
Non-resident Adult 125.00$ 125.00$
Resident Senior (Age 60+)55.00$ 55.00$
Non-resident Senior (Age 60+)90.00$ 90.00$
Resident Junior (17 yrs & under)45.00$ 45.00$
Non-resident Junior (17 yrs & under)50.00$ 50.00$
Par 3 35.00$ 35.00$
CLUB RENTALS
18 Hole full rental - Regulation $20.00/$30.00 $20.00/$30.00
9 Hole full rental - Regulation $10.00/$15.00 $10.00/$15.00
9 hole Par 3 half rental $10.00 $10.00
CURLING
Curling League 200.00$ 200.00$
Curling Rink Rental (1 hour)20.00$ 20.00$
Game Official For Private Rentals / Events $30.00/hour $30.00/hour
DRIVING RANGE
Small Bucket 5.00$ 5.00$
Medium Bucket 7.00$ 7.00$
Large Bucket 9.00$ 9.00$
LAWN BOWLING
League Fee M-Th evenings (7 week league)$200.00-$500.00 $200.00-$500.00
Single Rink Rental - Resident and Club Member $25.00/hour $25.00/hour
Single Rink Rental - Non-resident $30.00/hour $30.00/hour
Private Rental of Four Rinks $120.00/hour $120.00/hour
Private Rental of Eight Rinks - exclusive use $240.00/hour $240.00/hour
Senior Leagues (per person)5.00$ 5.00$
Game Official For Private Rentals / Events $30.00/hour $30.00/hour
Game Equipment Use For Leagues & Rentals included included
Bean Bag Leagues $100.00-$200.00 $100.00-$200.00
Yard Games (per set)10.00$ 10.00$
LESSONS
Adult Group $95.00-$200.00 $95.00-$200.00
Junior Camp $150.00-$320.00 $150.00-$320.00
Junior Group $65.00-$150.00 $65.00-$150.00
RENTALS
Locker Rental (Season)120.00$ 120.00$
26 150
BROOKVIEW GOLF COURSE / 316 BAR & GRILL
2024 ADOPTED FEE 2025 Proposed Fee
PA Rental (per day)50.00$ 50.00$
Table and chair rental (per hole)15.00$ 15.00$
Three One Six Indoor Rental (per 6 hours)1,000.00$1,000.00$
Three One Six Patio Rental (per 4 hours)300.00$ 300.00$
Three One Six Pop-up Tent Rental (per tent)20.00$ 20.00$
Tournament Cart Rental (per cart)$50.00-$80.00 $50.00-$80.00
Tournament Sponsor Sign (per sign)5.00$ 5.00$
MISCELLANEOUS FEES
USGA Handicap Service
MGA Non-Club Member 50.00$ 50.00$
Club Member Annual 35.00$ 35.00$
No Show Fee FULL FEE FULL FEE
Commerative Bench $1,000.00-$1,500.00 $1,000.00-$1,500.00
THREE ONE SIX BAR + GRILL
All Products and Services Market Rate Market Rate
Staffing Fee for Private Events (per hour, per employee)20.00$ 20.00$
Cooler Bags 7.00$ 7.00$
27 151
DONATIONS
2024
ADOPTED
FEE
2025 Proposed
Fee
Commemorative Bench with Engraved Plaque- City Park or Open Area 2,600.00$ 2,600.00$
Tree Donation- City Park or Open Area 350.00$ 350.00$
Brookview Golf Course:
Commemorative Bench with Engraved Plaque $1,000.00-$1500.00 $1,000.00-$1500.00
Tree Donation 350.00$ 350.00$
28 152
2025 Fee Schedule
City Council Meeting
November 6, 2024
153
Fee Schedule Summary For 2025
•The fee schedule informs residents of the cost of receiving
various services from the City of Golden Valley in the form
of Licenses, Fees, Permits, and Penalties
•The schedule is reviewed annually and updated as needed
to accommodate anticipated changes in the upcoming
year
•While most of the General Fund revenue (87.5% in 2025) is
from Property Taxes, fees make up almost 7.5% of
budgeted revenue in 2025
154
Fee Schedule Summary Continued
•No major updates were made to the 2025 fee schedule in anticipation of a
comprehensive fee study in 2025 for the 2026 schedule.
•Fees were generally held steady year-over-year with some adjustments
based on the anticipated cost increases for some areas as presented in the
budget
•Some new fees were proposed to accommodate new laws or recognizing the
need to charge for services the City already provides
155
Fee Updates for 2025
•Added new fees for anticipated cannabis retail establishments because of
State Law changes. These fees replaced previously established fees for THC
retail establishments.
•Adjusted rates for direct staff services including:
•Adjusted the rate for City Attorney services to account for actual cost
•Added an hourly rate for our new Paralegal
•Adjusted rates for Fire and Public Works personnel for inflationary changes
•Removed rates for Police staffing services no longer provided
156
Fee Updates for 2025 Continued
•Adjusted Utility Rates:
•Increased from 3% to 5% depending on the service to reflect anticipated budgetary
increases in the cost to provide utility service.
•Some costs related to utility fees are impacted by entities outside the City – Met
Council wastewater fees and the City of Minneapolis water rates for example
•Other changes :
•Dropped the fee for non-resident infant seat fitment by the Fire Department
•Added a fee to cover the cost of dangerous/potentially dangerous dog appeal hearings
•Minor changes to the rates and charges for City document processing such as copies,
maps, and code books
157
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
November 6, 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
158
Review of Council Calendar
Event Event Time Location
NOVEMBER
Sunday, November 10
Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview
Bassett Creek Room
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
Thursday, November 28
City Offices Closed for Observance of Thanksgiving
Friday, November 29
City Offices Closed for Observance of Thanksgiving
DECEMBER
Tuesday, December 3
HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting
(Includes the Annual Truth-in-Taxation Hearing)6:30 PM Hybrid - Council Chambers
Thursday, December 5
Golden Valley Business Connections 8:00 AM - 9:30 AM MRA - The Management Association,
5980 Golden Hills Drive
Sunday, December 8
Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview
Bassett Creek Room
Tuesday, December 10
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, December 17
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, December 24
City Offices Closed for Observance of Christmas Eve
Wednesday, December 25
City Offices Closed for Observance of Christmas Day
159