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12-17-24 City Council Agenda December 17, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Presentation of Bill Hobbs Human Rights Award Winner 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 2025 Cigarette/Tobacco License Renewals 3B.2.Approve 2025 Therapeutic Massage Facility License Renewals 3B.3.Approve Temporary On-Sale Liquor License - The Loppet Foundation 3B.4.Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Carondelet Catholic School 3C.Bids, Quotes, and Contracts: 3C.1.Approve Purchase and Installation of Parts to Outfit the Police Mobile Command Van from Emergency Automotive Technologies, Inc. CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2632 443 7716 and webinar password 1234. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2632 443 7716 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting December 17, 2024 — 6:30 PM 1 3C.2.Approve Purchase of Two Tandem Axle Truck Chassis from Nuss Truck & Equipment 3C.3.Approve Change Order #3 with Minger Construction for Trunk Highway 55 Lift Station Relocation Project (Proj. No. 20-18) 3C.4.Approve Cooperative Agreement with the Bassett Creek Watershed Management Commission for Bassett Creek Main Stem Restoration Project 2024CR-M (Regent Avenue to Golden Valley Road) 3C.5.Approve Contract for Budget Preparation Software 3C.6.Approve First Amendment to Professional Services Agreement with Just Love LLC 3C.7.Approve Purchase of Axon Taser Bundle for the Golden Valley Police Department 3D.Grants and Donations: 3D.1.Adopt Resolution No. 24-080 Authorizing Application for the MnDOT Safe Routes to School Planning Assistance Grant 3D.2.Adopt Resolution No. 24-081 - Closeout of American Rescue Plan Act Grant Projects 3D.3.Adopt Resolution No. 24-082 Accepting a Donation from the Crime Prevention Fund for Entertainment at the Trunk-or-Treat Event 3D.4.Adopt Resolution No. 24-083 Accepting Donations of Ongoing Programs 3E.Receive and File the User Experience Framework Plan 3F.Approval of Legislative Priorities for 2025 3G.Approve 2025 City Calendar and Meeting Dates 3H.Adopt Resolution No. 24-084 Approving Amendment to Compensation and Classification Tables 3I.Adopt Resolution No. 24-085 Approving Updated Golden Valley Police Department Policy Manual 4.Public Hearing 4A.Site Plan Review and Public Hearing Code Amendments, Ordinance No. 791 and Resolution No. 24-086 5.Old Business - None. 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.Second Reading of Ordinance No. 789 - Adult Use Cannabis Registration Ordinance and Adoption of Resolution No. 24-087 Approving Summary Publication 6B.Second Reading of Ordinance No. 790 Right-of-Way Management (Telecommunications) 6C.Review of Council Calendar 6D.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting December 17, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 1C. Presentation of Bill Hobbs Human Rights Award Winner Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary The City established a human rights award in 1999, named for William Hobbs, who received the first award for his 30 years of service on the Human Rights Commission. After receiving his award Hobbs shared that all efforts to make lasting change involve city government, schools, businesses, and congregations. " We should continue to work together to succeed with those things that serve us best and leave alone those things that tend to divide us." Criteria considered: Nominees must live, work, or conduct business in Golden Valley during the nomination year. Nominees’ activities proposed for recognition should have a positive impact or clearly improved understanding or cooperation in the areas of race, color, religion, gender, national origin, disability, age, sexual orientation, or familial status. Nominees’ services must be either voluntary or above and beyond a paid employee's usual job responsibilities. Members of the Golden Valley Diversity, Equity, and Inclusion Commission are not eligible for the award while serving on the commission. It is with great pleasure to announce that this year there are two recipients of the Diversity, Equity, and Inclusion Commission's Bill Hobbs Human Rights Award. This year the Commission is awarding both Christopher Robinson and Trey Gladney. Award Recipients Christopher Robinson As the chair of Golden Valley Pride, Christopher Robinson exemplifies the various aspects of this award. Throughout the year, Christopher makes time to ideate and collaborate amongst the board and volunteers while also continually fostering relationships across the west metro to put on the largest Minnesotan suburban pride festival. Through his leadership and relationship building, he helps to create a welcoming, safe, and celebratory festival and city for the LGBTQIA+ community. 3 Furthermore, Christopher's dedication and deep compassion allows for community to have a liberatory gathering space in a time that can feel so dark for queer and trans individuals. Trey Gladney As both the chair and one of the founding members of PRIME, Trey Gladney has created broad impact regarding racial equity in Golden Valley and shed light on the various inequities that continue to impact people of color. Trey has specifically engaged with local businesses, organizations, and agencies within Golden Valley to better understand and examine the need to contract agreement and supplier engagement so that it is more equitable and inclusive, especially as it relates to supporting small and minority owned businesses. As a strong civic volunteer, Trey takes an active part in the movement to effect change in Golden Valley, promoting racial equity and inclusion to continually create a welcoming and vibrant Golden Valley. Financial or Budget Considerations NA Legal Considerations This item does not require legal review. Equity Considerations Recognizing community members that are making an impact in Golden Valley lives into the City's focus on diversity by intentionally recognizing, understanding, and celebrating the differences and lived experiences of community. Recommended Action Present the 2024 Bill Hobbs Human Rights Award to Christopher Robinson and Trey Gladney. 4 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3A. Approval of City Check Registers Prepared By Jennifer Hoffman, Accounting Manager Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1037405&dbid=0&repo=GoldenValley The check register(s) for approval: 12-04-2024 Check Register 12-11-2024 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 5 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3B.1. Approve 2025 Cigarette/Tobacco License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments are due for renewal of their Cigarette/Tobacco license for the 2025 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval contingent upon receipt their completed documentation and payment. Amstar Gas Station, 9405 Medicine Lake Road Down in the Valley, Inc., 8020 Olson Memorial Highway Feist Automotive Group, 1875 Lilac Drive North Golden Valley Country Club, 7001 Golden Valley Road Golden Valley Holiday Store #3520, 600 Boone Avenue North Golden Valley Liquor Barrel, 7890 Olson Memorial Highway Holiday Stationstores, Inc., 7925 Wayzata Boulevard Schuller’s Tavern, 7345 Country Club Drive Speedway #4443, 1930 Douglas Drive Speedway #4497, 6955 Market Street Financial or Budget Considerations Fees received for tobacco license renewals are budgeted, and defray costs the City incurs to administer and enforce tobacco license regulations and requirements. No licenses are issued until full payment is received. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the renewal of the Cigarette/Tobacco licenses for the applicants above from January 1, 2025, through December 31, 2025. 6 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3B.2. Approve 2025 Therapeutic Massage Facility License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments have are due for renewal of their Therapeutic Massage Facility license for the 2025 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the following license renewals contingent upon receipt of their payment, completed documentation, and successful background checks. Deep Massage Therapy, 6480 Wayzata Boulevard Massage Envy, 7704 Olson Memorial Highway Refined Health & Wellness, 810 Lilac Drive N, Suite 203 Two Little Hands, 8441 Wayzata Boulevard, Suite 135 Financial or Budget Considerations Fees received for massage establishment license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. No licenses are issued until full payment is received. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the renewal of the Therapeutic Massage Facility licenses for the applicants above from January 1, 2025, through December 31, 2025. 7 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3B.3. Approve Temporary On-Sale Liquor License - The Loppet Foundation Prepared By Theresa Schyma, City Clerk Summary The Loppet Foundation has applied for a temporary on-sale liquor license for the 2025 City of Lakes Loppet Festival event at 1221 Theodore Wirth Parkway from Saturday, February 1 through Sunday, February 2, 2025. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve a temporary on-sale liquor license for The Loppet Foundation, 1221 Theodore Wirth Parkway, for the City of Lakes Loppet Festival event from Saturday, February 1 through Sunday, February 2, 2025. 8 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3B.4. Receive and File - Gambling License Exemption and Waiver of Notice Requirement - Carondelet Catholic School Prepared By Theresa Schyma, City Clerk Summary Carondelet Catholic School, a non-profit organization, has applied for a Gambling License Exemption to conduct gambling (raffle) for a fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on March 15, 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 Carondelet Catholic School to conduct gambling (raffle) for a fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on March 15, 2025. 9 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.1. Approve Purchase and Installation of Parts to Outfit the Police Mobile Command Van from Emergency Automotive Technologies, Inc. Prepared By Tim Kieffer, Public Works Director Virgil Green, Police Chief Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Council approved the purchase of a Mobile Command Van on March 19, 2024. Staff has taken delivery of the van and needs to purchase and install parts to make it operational. Staff recommends purchasing and installing the parts from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 248318 through the CPV. Financial or Budget Considerations Funding will come from the State Public Safety Fund. Legal Considerations The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12% preference from the Office of State Procurement. Recommended Action Motion to approve purchase and installation of parts to outfit the Police Mobile Command Van from Emergency Automotive Technologies, Inc. in the amount of $85,419.57. 10 Supporting Documents Emergency Automotive Technologies, Inc. Quote 11 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total VEHICLE 2024 FORD TRANSIT MID-ROOF DRONE VAN - BLACK EXTERIOR 1 0.00 0.00 CONTACT CONTACT INFO FOR VEHICLE: Mike Hanzalik - mhanzalik@goldenvalleymn.gov 763-593-8104 1 0.00 0.00 CONTRACT N... STATE OF MINNESOTA CONTRACT RELEASE: V-30(5), CONTRACT NUMBER 248318 - MSP & CPV 1 0.00 0.00 POLICY PARTS AND LABOR WILL BE INVOICED SEPARATELY. YOUR PARTS WILL BE INVOICED COMPLETE ONCE THEY ARE RECEIVED. YOUR PARTS WILL BE MARKED WITH YOUR NAME AND ORDER NUMBER, AND WILL BE HELD IN OUR WAREHOUSE. YOU MAY, AT YOUR DISCRETION, REQUEST THAT THE PARTS BE DELIVERED TO YOU OR YOU MAY PICK THEM UP. (DELIVERY CHARGES MAY APPLY). LABOR, STRIP, SHOP SUPPLIES, ETC., WILL BE INVOICED FOLLOWING THE COMPLETION OF THE VEHICLE. 1 0.00 0.00 Page 1 12 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total CUSTOMER S... **********CUSTOMER TO SUPPLY THE FOLLOWING*********** MOBILE 800MHZ RADIO, VERIZON MOBILE 5G ROUTER, COMPUTER TABLET, TABLET DOCKING STATION, TABLET POWER SUPPLY, REAR TV, FRONT TV, 2 DRIVER'S SIDE WORKSTATION MONITORS WITH HDMI INPUTS 1 0.00 0.00 C399 WHELEN CENCOM CORE AMPLIFIER CONTROL MODULE - SPECIFY CONTROL HEAD AND CANPORT INSTALL KITS SEPARATELY MSP 2483181 713.85 713.85 C399K5 WHELEN CENCOM CORE CANPORT INSTALL KIT F/2020+ FORD EXPEDITION, SUPER DUTY, AND TRANSIT GATEWAY INSTALLATION KIT NASPO 1702161 100.34 100.34 CCTL7 WHELEN CENCOM CORE CONTROL HEAD - 21 PUSHBUTTONS, 4 POSITION SLIDE SWITCH AND MICROPHONE WITH EXTENSION CABLE MSP 2483181 238.84 238.84 CEM16 WHELEN CENCOM CORE 16 OUT 4 IN WECAN-X EXPANSION MODULE - ONLY FOR USE WITH CENCOM CORE SYSTEM MSP 2483182 171.52 343.04 SA315 WHELEN 100 WATT COMPOSITE HOUSING SIREN SPEAKER - BRACKETS SOLD SEPARATELY MSP 2483181 207.99 207.99 Page 2 13 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total SAK9 WHELEN UNIVERSAL BAIL-STYLE MOUNTING BRACKET FOR SA315P SIREN SPEAKER NASPO 1702161 29.58 29.58 BSFW52X WHELEN WECAN-X 12 LAMP INNER-EDGE FOR 2020+ FORD TRANSIT - DRIVER AND PASSENGER SIDES - SPECIFY MODULES SEPARATELY NASPO 1702161 807.36 807.36 ISDD WHELEN DUO+ SERIES LINEAR LED FLASHER - RED/WHITE NASPO 1702166 35.38 212.28 ISDE WHELEN DUO+ SERIES LINEAR LED FLASHER - BLUE/WHITE NASPO 1702166 35.38 212.28 ETFBSSN-P SOUNDOFF SOLID STATE TAIL LIGHT FLASHER - 12 WIRE - ISOLATED POSITIVE OUTPUTS MSP 2483181 54.40 54.40 EMPS2STS4D SOUNDOFF MPOWER 4" STUD MOUNT LIGHTHEAD - RED/WHITE - 12 LED DUAL COLOR - EDGE BRACKET SOLD SEPARATELY ***HOOD LIP*** NASPO 1652701 124.95 124.95 EMPS2STS4E SOUNDOFF MPOWER 4" STUD MOUNT LIGHTHEAD - BLUE/WHITE - 12 LED DUAL COLOR - EDGE BRACKET SOLD SEPARATELY ***HOOD LIP*** NASPO 1652701 124.95 124.95 PMP2BKEDGE SOUNDOFF MPOWER STUD MOUNT 4" LIGHTHEAD BRACKET - EDGE BRACKET NASPO 1652702 10.20 20.40 EMPSA05C2-D SOUNDOFF 4X2 MPOWER - 24 LED DUAL COLOR - STUD MOUNT - RED/WHITE ***GRILLE*** MSP 2483181 154.88 154.88 Page 3 14 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total EMPSA05C2-E SOUNDOFF 4X2 MPOWER - 24 LED DUAL COLOR - STUD MOUNT - BLUE/WHITE ***GRILLE*** MSP 2483181 154.88 154.88 PMPSADGSB SOUNDOFF MPOWER 4'X2' STUD MOUNT LIGHTHEAD BRACKET - 90 DEGREE DECK/GRILLE BRACKET MSP 2483182 13.87 27.74 EMPS2QMS4J SOUNDOFF MPOWER 4" 12 LED DUAL COLOR QUICK MOUNT LIGHTHEAD - VHB ADHESIVE SURFACE MOUNT RED/BLUE ***REAR DOOR EDGE*** NASPO 1652702 124.95 249.90 EMPSA05BT-J SOUNDOFF SIGNAL 4X2 MPOWER - 24 LED DUAL COLOR QUICK MOUNT - RED/BLUE. ***REAR DOORS*** NASPO 1652702 179.52 359.04 PSJ02FCR WHELEN STRIP-LITE PLUS DUO SURFACE MOUNT LIGHT - RED/BLUE LED'S WITH CLEAR LENS ***BOTH BODY SIDES - 1 FRONT, 1 BACK - HIGH*** NASPO 1702164 123.54 494.16 WSLB WHELEN WORKSIDE STRIP LIGHT WITH BLACK FLANGE ***BOTH BODY SIDES - 1 FRONT, 1 BACK - MOUNTED HIGH*** NASPO 1702164 226.78 907.12 T792HL-LOPR...TOMAR OPTICOM COMPATIBLE LOW PROFILE PROGRAMMABLE CODED EMITTER W/ REMOTE POWER SUPPLY AND SEPERATE 970A-PRE LOW PROFILE LIGHT HEAD ASSEMBLY WITH BLACK BEZEL 530.401 25%707.20 707.20 Page 4 15 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total MOTO-VLF TOMAR VISIBLE LIGHT FILTER FOR -LOPRO & -MOTO SERIES EMITTERS 82.641 25% 110.18 110.18 NMO58AU-NC NMO ANTENNA BASE WITH 17 FT CABLE WITHOUT CONNECTOR (REPLACES BM-NC) NMO58AU-NC MSP 2483181 16.61 16.61 LP800NMOU LO PROFILE 800 MHZ BLACK LARSEN LP800NMOUD 53.391 25% 71.18 71.18 FI-IN2851 PANORAMA GPSD 4X4 MIMO REEF SHARKEE ANTENNA - LOW PROFILE MULTIBAND 4G/5G ROOF MOUNT ANTENNA - WITH 5M CABLE SET 319.521 25%426.02 426.02 GRAPHIC SET BLACK VINYL APPLIED TO INSIDE OF REAR AND SIDE DOOR WINDOWS FOR 100% LIGHT BLOCKAGE 180.001 25% 240.00 240.00 SUBLET WEBASTO AUXILIARY TIE-IN REAR HVAC SYSTEM WITH IBIZA WALL-MOUNT INTERIOR UNIT 4,750.001 25%6,333.33 6,333.33 INSULATION ... ACOUSTIC/THERMAL INTERIOR INSULATION PACKAGE 300.001 25% 400.00 400.00 RED/WHITE L...RED/WHITE SWITCHABLE/DIMMABLE LED INTERIOR LIGHTING PACKAGE - INCLUDES OVERHEAD INTERIOR STRIPS, UNDERCABINET STRIPS, AND REAR COMPARTMENT OVERHEAD STRIPS WITH PUSHBUTTON CONTROLS 750.001 25%1,000.00 1,000.00 7507B BLUE SEA 12 AMP 12V DECKHAND DIMMER 37.811 25% 50.41 50.41 Page 5 16 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total 7506B BLUE SEA 6 AMP 12V DECKHAND DIMMER 32.582 25%43.44 86.88 EX-MISC SUP... INTERIOR WALL AND CEILING CONSTRUCTION AND FINISHING MATERIALS, WIRING, AND INSTALLATION MATERIALS/SUPPLIES 4,500.001 25% 6,000.00 6,000.00 SWIVEL SEA...PASSENGER'S SEAT SWIVEL KIT FOR 2013+ FORD TRANSIT VANS 399.001 25%532.00 532.00 MULTIPLUS-I... VICTRON ENERGY MULTIPLUS-II INVERTER/CHARGER - 12V INPUT WITH 3KVA INVERTER AND 120 AMP CHARGER ***PARALLEL OPERATION*** 860.802 25% 1,147.73 2,295.46 LYNX POWE...VICTRON ENERGY LYNX DISTRIBUTION SYSTEM POWER INPUT MODULE 119.941 25%159.92 159.92 LYNX SHUNT... VICTRON ENERGY LYNX SHUNT VE.CAN 1000A SHUNT FOR LYNX MODULE DC DISTRIBUTION SYSTEM 302.011 25% 402.68 402.68 LYNX DISTRI...VICTRON ENERGY LYNX DISTRIBUTION DISTRIBUTION SYSTEM 171.232 25%171.23 342.46 GX TOUCH 50 VICTRON ENERGY GX TOUCH 50 5' TOUCHSCREEN FOR CERBO GX CONTROLLER 187.131 25% 249.50 249.50 7622 BLUE SEA ML-ACR AUTOMATIC CHARGING RELAY WITH MANUAL CONTROL - 12VDC - 500A - TINNED CONTROL WIRES 132.681 25%176.90 176.90 Page 6 17 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total 5510E BLUE SEA E-SERIES DUAL CIRCUIT BATTERY SWITCH 30.782 25% 41.04 82.08 AGM 12-200 VICTRON ENERGY 12V 200AH AGM DEEP CYCLE BATTERY 419.772 25%559.69 1,119.38 8058B BLUE SEA SYSTEMS 3 CIRCUIT 120V AC BREAKER PANEL - INCLUDES 3x 15 AMP A-SERIES WHITE TOGGLE CIRCUIT BREAKERS, INDICATORS, AND BASIC LABEL SET 104.071 25% 142.76 142.76 091-20WP-120 KUSSMAUL NON-WATERPROOF - 20 AMP 120 VOLT NEMA 5-20P AUTO EJECT 12 VOLT SOLENOID - WHITE COVER 228.621 25%304.82 304.82 A10-30INBKVP VALTERRA - 30 AMP 120V TWIST-LOCK POWER INLET - BLACK 34.651 25% 46.20 46.20 A10-3025ED90 VALTERRA - TT-30 AMP 120V 90 DEGREE RV CORDSET 96.071 25%128.09 128.09 ATS301 PARALLAX 30 AMP AUTOMATIC TRANSFER SWITCH - HARDWIRED - FOR SHORE/AUTO EJECT AUTO SELECT 118.201 25% 157.60 157.60 8X8HDMI 8X8 HDMI MATRIX ROUTER WITH SCALER AND ADIO DE-EMBEDDER 799.951 25%1,066.60 1,066.60 EX-MISC SUP... HDMI CABLING, JACKS, RACEWAY WALLPLATES, TV MOUNTS, RACK HARDWARE, ETC. 600.001 25% 800.00 800.00 CUSTOM INT...CUSTOM INTERIOR PACKAGE PER CUSTOMER SPEC - DIVIDER WALL BEHIND WHEEL WELLS, REAR TV 27,400.001 25%36,533.33 36,533.33 Page 7 18 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total COMPARTMENT WITH ELECTRONICS CABINET BELOW TV AND SPACE AND TIE-DOWN TRACKS FOR FOLDING TABLES WITH POWER AND HDMI CONNECTIONS - FRONT COMPARTMENT WITH TV ON DIVIDER WALL, TIE DOWN TRACKS ON PASSENGER'S SIDE FOR EQUIPMENT CASES - DUAL DRIVER'S SIDE WORKSTATIONS WITH UPPER STORAGE CABINETS WITH WIDE DOORS, CORIAN COUNTERTOP WORKSTATION WITH DATACOM RACEWAY, PENCIL DRAWERS, AND COMMON CENTER STORAGE DRAWERS WITH EQUIPMENT RACK FOR HDMI MATRIX - MATTE BLACK POWDER COATED HVAC UNIT PROTECTIVE ENCLOSURE ON PASSENGER'S SIDE BEHIND SLIDING DOOR - REMOVABLE SERVICE PANEL FOR PASSENGER'S SIDE SLIDING DOOR - CUSTOM DRY-ERASE WHITEBOARD PANELS - WALLS AND CEILING TO BE FINISHED IN SOUND ABSORBING SYNTHETIC CARPET IN CUSTOMER'S CHOICE OF STANDARD COLOR - CABINETS TO BE FINISHED IN CUSTOMER'S CHOICE OF STANDARD Page 8 19 Quote Date 10/28/2024 Quote # AW102824-40 Name / Address GOLDEN VALLEY PUBLIC WORKS 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 Ship To GOLDEN VALLEY PUBLIC WORKS ATTN: MARSHALL BEUGEN 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 P.O. No.Terms Net 30 Quote Valid Until 11/27/2024 Rep ALW Account #FOB ORIGIN 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Item Description EATI Cost or Contract #Qty Margin Contract Price Total POWDER COATES FOR FRAMES AND PANELS - CUSTOMER'S CHOICE OF COLOR FOR CORIAN SOLID COUNTERTOPS REPLACEME... REMOVAL OF OEM VINYL REAR FLOORING AND TRIM, ADD CUSTOM ALUMINUM SUBFLOOR WITH COMMERCIAL VINYL FLOOR AND POWDER COATED ALUMINUM TRIM 4200.001 25%5,600.00 5,600.00 LABOR-SP MN STATE PATROL CONTRACT #248318 - LABOR RATE FOR UPFIT OF SPECIALTY VEHICLE NOT ITEMIZED IN CONTRACT MSP 248318130 110.00 14,300.00 Page 9 Total $85,419.57 20 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.2. Approve Purchase of Two Tandem Axle Truck Chassis from Nuss Truck & Equipment Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary The replacement purchase of unit 700, a 2006 water truck, and Unit 795, a 2012 tandem axle dump truck, were approved by Council on January 16, 2024. Due to supply chain issues and delays in manufacturing, the trucks are expected to be built sometime in quarter two of 2026. Therefore, staff proposed to cancel the orders and purchase Volvo instead of Mack chassis. The only difference between the two manufacturers is the rear differential axle and cab. Staff proposes to purchase the trucks from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division awarded the following contracts through the CPV: Contract No.Item Vendor Amount 242595 2025 Volvo Tandem Axle Cab and Chassis Nuss Truck & Equipment $169,047.72 242595 2025 Volvo Tandem Axle Cab and Chassis Nuss Truck & Equipment $161,746.05 Total Purchase Price Less Tax, Title, and License $330,793.77 The price increase is $18,079.40 from the previously approved amount which should be offset by inflation and surcharges the manufacture is likely to impose in 2026. The total cost for both trucks including outfitting is $822,517.77. Financial or Budget Considerations The 2024-2033 Vehicle and Equipment Capital Improvement Program (CIP) included $400,000 for the purchase of a water truck (V&E-149) in 2024 and $315,000 for the purchase of a dump truck (V&E-188) in 2025. Additional funding was to come from the sale of asset and reserves. Legal Considerations The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing 21 contracts that are available through the state's cooperative purchasing venture authorized by section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12% preference from the Office of State Procurement. Recommended Action Motion to approve purchase of two tandem axle truck chassis from Nuss Truck & Equipment in the amount of $330,793.77. Supporting Documents Nuss Truck & Equipment Quotes 22 VENDOR NAME MAKE AND MODEL This section for use when ordering MNDOT T-647(5) WB 214 CA 146 Grand Total 169,047.72$ AF 63" Rear Ratio 4.3 Cab Color White Wheel Color Aluminum Notes Code Spec #Description Qty 2025 Price Subtotal VHD64F300 1.0 Price for Base Unit:1 125,579.00$ 125,579.00$ 1.9 1 2.0 FRAME OPTIONS 1 403003 2.4 Frame fastener option (bolt or huck spun)1 STD 403010 2.8 11.81"x3.54"x.44"., R.B.M. 2,820,000, S.M. 23.5, PSI,120,000 CT 1 562.00$ 562.00$ 370407 3.5 20,800 front axle and matching suspension 1 $ 1,079.00 1,079.00$ 371071 3.7 Heavy duty front axle shocks 1 $ 50.00 50.00$ 782014 3.8 Front Brake Dimension 16.5x6 1 $ 67.00 67.00$ UDXA1X 3.13 Front brake dust shields 1 STD XEXB1X 3.14 Dual front auxiliary steering gear 1 $ 1,464.00 1,464.00$ MC 4.9 Driver activated differential lock on both front and rear axles, and lubrication pump and filter system 1 $ 974.00 974.00$ NA 4.11 ½ round universal joints 1 STD UEXA1X 4.13 Rear brake dust shield 1 $ 40.00 40.00$ 35078 4.15 40,000lb Volvo T Ride Suspension (3 leaf firm ride) 54" spacing 1 $ 138.00 138.00$ 7WXB1X 4.19 Synthetic Rear Axle Lubricant 1 $ 117.00 117.00$ yVXA1X 4.20 Rear Shock Absorbers 1 $ 350.00 350.00$ R4XA1X 4.21 13,000 lb Hendrickson Composolite Steerable Pusher Axle - includes tires and rims 1 $ 9,791.00 9,791.00$ NA 6.1 Nylon wafers or wheel guards on all wheels (10 ea)1 $ 44.00 44.00$ 093806 6.20 315/80R22.5L MICHELIN X WORKS Z (18180 LBS. GAWR) ON/OFF ROAD USAGE 1 $ 235.00 235.00$ 094801 6.46 11R22.5H MICHELIN X WORKS Z (24020 LBS. GAWR) ON/OFF ROAD USAGE 1 $ 1,345.00 1,345.00$ VHXBVX 7.1 Wabco System Saver 1200 Plus heated air dryer 1 STD UWXE3X 7.4 Auto drain valves on air tanks, heated 1 48.00$ 48.00$ MC 7.8 Relocate air dryer 1 272.00$ 272.00$ 1017X7 8.11 VOLVO D13 435HP 2100RPM 1650 LBFT 1 $ 4,994.00 4,994.00$ 232088 8.24 10' 0" ALUMINIZED STAINLESS VERTICAL STEEL SINGLE STACK 1 STD K0XC4X 8.27 STRAIGHT STACK, SIDE OUTLET DIFFUSER BOX 1 STD J8XEWX 8.33 100 GALLON LEFT HAND FUEL TANK 1 $ 137.00 137.00$ KNXB2X 8.36 26" DIA D SHAPED FUEL TANK 1 $ 186.00 186.00$ NA 9.3 Delco 24 SI Alternator, 130 AMP 1 STD KWXA1A 9.8 Donaldson Single Stage Air cleaner per spec 12.1 1 $ 32.00 32.00$ JVXDAX 9.9 Davco 387 fuel/water separator, heated 1 $ 196.00 196.00$ 5NXAVX 9.16 Engine block heater 1 $ 60.00 60.00$ NA 9.20 Radiator bug screen 1 STD LCO01 9.21 Stainless Steel Oil Pan 1 1,900.00$ 1,900.00$ HTXA8X 9.22 Engine brake system 1 $ 950.00 950.00$ K9XO9X 9.24 Extended life anti-freeze 1 $ 126.00 126.00$ H9XK1X 9.33 1240 SQ IN RADIATOR 2 ROW CORE 1 $ 225.00 225.00$ TANDEM AXLE CAB/CHASSIS Exhibit D: Price Schedule Nuss Truck and Equipment 2025 Volvo VHD 64F300 TA City Of Golden Valley (Hook Lift With Lift Axle) 23 NA 10.5 Synthetic (TranSynd) lubrication for Automatic Transmission 1 $ 145.00 145.00$ Loc002 10.6 Stainless Steel Transmission cooler lines 1 1,950.00$ 1,950.00$ 270769 10.32 ALLISON 4500 RDS SERIES 6 SPEED WITH PTO PROVISION - SCAAN REQUIRED BEFORE ORDERING 1 8,086.00$ 8,086.00$ NFXD1X 11.5 Battery disconnect off negative side in cab control 1 $ 10.00 10.00$ 5RXA1X 11.7 Back up alarm (Preco Factory Model)1 $ 23.00 23.00$ LSXG1X 11.8 OEM daytime running lights 1 STD NPXB1X 11.12 Signal Stat 935 turn signal per Spec 12.6 1 STD NZZACZ 11.13 Auxiliary customer access circuits 1 STD NZZAAX 11.15 Power source terminal-2 stud type-mounted on firewall or inside cab with ground to frame rail and to starter, with 6 gauge wire.1 $ 76.00 76.00$ NA 12.3 Dual rectangular air horns 1 $ 165.00 165.00$ 3GXB1X 12.5 Heated mirrors per Spec 12.5 1 $ 99.00 99.00$ 3GXC1X 12.7 Remote control for dual mirrors 1 $ 167.00 167.00$ 955040 12.12 Imron paint option 1 STD 2DX30X 12.15 Cab Air Ride Suspension 1 STD 4NXZ1X 12.20 Cab visor, external, painted to match cab color 1 $ 185.00 185.00$ 65XA1X 12.21 Front fender extensions 1 $ 85.00 85.00$ NA 12.22 Front fender mud flaps 1 $ 22.00 22.00$ 4EXB1X 12.28 Front tow hooks 1 $ 231.00 231.00$ 3FX49X 12.30 BLACK AERODYNAMIC EXTERIOR MIRRORS 1 $ 146.00 146.00$ EDXB7X 12.31 Heated fender mirrors 1 446.00$ 446.00$ WTXA1X 12.32 HEATED WINDSHIELD 1 $ 210.00 210.00$ 540070 13.2 Premium grade interior trim package 1 $ 150.00 150.00$ NA 13.3 Round universal gauge package 1 STD 2XX35X 13.5 Power window/both passenger and driver window 1 $ 150.00 150.00$ MC 13.6 O.E.M factory installed, AM/FM 1 STD NA 13.7 O.E.M factory installed, air conditioning **STANDARD 1 STD NA 13.8 Cab mounted non-resettable hour meter **STANDARD 1 STD CCXB1X 13.10 Transmission temp gauges 1 $ 79.00 79.00$ NA 13.11 Windshield defroster fan w/switch dash mounted 1 STD NA 13.13 Transmission oil sensor (check & fill)1 STD 5JXA1X 13.14 CB hot jacks dash mounted 1 $ 26.00 26.00$ 2WXA1X 13.15 Tilt & telescope steering wheel 1 $ 190.00 190.00$ 2WZZ1X 13.16 Tilt steering wheel 1 STD WPXA1X 13.18 TRACTION CONTROL ADDED TO ABS 1 $ 138.00 138.00$ 13.19 Self canceling turn signals 1 STD 540066 13.22 X1 WREN VINYL TRIM PACKAGE 1 STD 35XD1X 13.29 NATIONAL SEAT 1 STD 3YXG8X 13.34 COMFORT AIR SUSPENSION HIGH BACK 1 $ 69.00 69.00$ 3YXJ1X 13.36 COMFORT AIR SUSPENSION HIGH BACK WITH BACK CYCLER 1 $ 25.00 25.00$ 32XG8X 13.40 COMFORT AIR SUSPENSION HIGH BACK 1 $ 214.00 214.00$ 3PXC5X 13.43 INBOARD / OUTBOARD DRIVER AND PASSENGER SEAT ARMREST 1 $ 76.00 76.00$ K7AA1X 13.44 STANDARD SAFETY BELT LENGTH 1 STD OUXA1X 13.46 SAFETY BELT DRIVER SEAT, BLACK 1 STD OXXA1X 13.49 SAFETY BELT PASSENGER SEAT, BLACK 1 STD 20.1 Percentage Upcharge for the following Model Year Base Unit 1 3.00%3,767.37$ 20.1 Percentage Upcharge for the following Model Year Options 1 3.00%1,156.35$ 24 VENDOR NAME MAKE AND MODEL This section for use when ordering MNDOT T-647(5) WB 200" CA 132-136" (No Lift Axle)Grand Total 161,746.05$ AF 63" Rear Ratio 4.30 Cab Color White Wheel Color Aluminum Notes Code Spec #Description Qty 2025 Price Subtotal VHD64F300 1.0 Price for Base Unit:1 125,579.00$ 125,579.00$ 1.9 1 2.0 FRAME OPTIONS 1 x4XB1X 2.1 Front frame extension 1 143.00$ 143.00$ 403003 2.4 Frame fastener option (bolt or huck spun)1 STD 403011 2.9 11.81"x4.13"x.44"., R.B.M. 3,156,000, S.M. 26.3, PSI,120,000 CT 1 720.00$ 720.00$ 3.0 1 3.0 FRONT AXLE/SUSPENSION/BRAKE/OPTION 1 MC 3.1 Set Back Front Axle Option 1 STD 370407 3.5 20,800 front axle and matching suspension 1 $ 1,079.00 1,079.00$ 371071 3.7 Heavy duty front axle shocks 1 $ 50.00 50.00$ 782014 3.8 Front Brake Dimension 16.5x6 1 $ 67.00 67.00$ UDXA1X 3.13 Front brake dust shields 1 STD XEXB1X 3.14 Dual front auxiliary steering gear 1 $ 1,464.00 1,464.00$ 4.0 1 4.0 4.0 TANDEM REAR AXLE/SUSPENSION/BRAKE/OPTIONS 1 MC 4.9 Driver activated differential lock on both front and rear axles, and lubrication pump and filter system 1 $ 974.00 974.00$ NA 4.11 ½ round universal joints 1 STD 35078 4.15 40,000lb Volvo T Ride Suspension (3 leaf firm ride) 54" spacing 1 $ 138.00 138.00$ 784013 4.16 Meritor Brake Adjuster Front and Rear 1 $ 11.00 11.00$ UKXB1X 4.17 Extended length brake stoke 1 $ 54.00 54.00$ 7WXB1X 4.19 Synthetic Rear Axle Lubricant 1 $ 117.00 117.00$ yVXA1X 4.20 Rear Shock Absorbers 1 $ 350.00 350.00$ 4.99 1 5.0 FIFTH WHEEL OPTIONS 1 6.0 1 6.0 TIRES/RIMS OPTIONS:1 NA 6.1 Nylon wafers or wheel guards on all wheels (10 ea)1 $ 44.00 44.00$ 093806 6.20 315/80R22.5L MICHELIN X WORKS Z (18180 LBS. GAWR) ON/OFF ROAD USAGE 1 $ 235.00 235.00$ 094801 6.46 11R22.5H MICHELIN X WORKS Z (24020 LBS. GAWR) ON/OFF ROAD USAGE 1 $ 1,345.00 1,345.00$ 1 7.0 BRAKE SYSTEM OPTIONS:1 VHXBVX 7.1 Wabco System Saver 1200 Plus heated air dryer 1 STD UWXE3X 7.4 Auto drain valves on air tanks, heated 1 48.00$ 48.00$ MC 7.8 Relocate air dryer 1 272.00$ 272.00$ 1 8.0 ENGINE/EXHAUST AND FUEL TANKS OPTIONS:1 TANDEM AXLE CAB/CHASSIS Exhibit D: Price Schedule Nuss Truck and Equipment 2025 Volvo VHD 64F300 TA City Of Golden Valley (Plow Only) 25 (List Make & Model, H.P., torque of engine and exhaust and fuel tank options)1 1017X7 8.11 VOLVO D13 435HP 2100RPM 1650 LBFT 1 $ 4,994.00 4,994.00$ 232088 8.24 10' 0" ALUMINIZED STAINLESS VERTICAL STEEL SINGLE STACK 1 STD K0XC4X 8.27 STRAIGHT STACK, SIDE OUTLET DIFFUSER BOX 1 STD J8XEWX 8.33 100 GALLON LEFT HAND FUEL TANK 1 $ 137.00 137.00$ JBZZ1234 8.35 22" DIA D SHAPED FUEL TANK **Required for CBOC** air tanks needs moved 1 601.00$ 601.00$ 9.0 1 9.0 ENGINE RELATED OPTIONS:1 NA 9.3 Delco 24 SI Alternator, 130 AMP 1 STD KWXA1A 9.8 Donaldson Single Stage Air cleaner per spec 12.1 1 $ 32.00 32.00$ JVXDAX 9.9 Davco 382 fuel/water separator, non heated 1 $ 196.00 196.00$ 5NXAVX 9.16 Engine block heater 1 $ 60.00 60.00$ NA 9.20 Radiator bug screen 1 STD LCO01 9.21 Stainless Steel Oil Pan 1 1,900.00$ 1,900.00$ HTXA8X 9.22 Engine brake system 1 $ 950.00 950.00$ VHXZZX 9.23 Relocate air dryer 1 $ 243.00 243.00$ K9XO9X 9.24 Extended life anti-freeze 1 $ 126.00 126.00$ JWXE1X 9.30 HOOD MOUNTED AIR INTAKE WITH INSIDE/OUTSIDE AIR IN CAB CONTROL SNOW DOOR 1 $ 173.00 173.00$ H9XK1X 9.33 1240 SQ IN RADIATOR 2 ROW CORE 1 $ 225.00 225.00$ 10.0 1 10.0 TRANSMISSION OPTIONS:1 (After the first Six listed options, list manual and automatic transmission options. List make and model, # of speeds, type of shifting and whether or not transmission includes PTO gear(s) or not). Example: Allison 3000 HS, 5 speed, push button, no PTO.1 NA 10.5 Synthetic (TranSynd) lubrication for Automatic Transmission 1 $ 145.00 145.00$ Loc002 10.6 Stainless Steel Transmission cooler lines 1 1,950.00$ 1,950.00$ 270769 10.32 ALLISON 4500 RDS SERIES 6 SPEED WITH PTO PROVISION - SCAAN REQUIRED BEFORE ORDERING 1 8,086.00$ 8,086.00$ 11.0 1 11.0 ELECTRICAL OPTIONS:1 NFXD1X 11.5 Battery disconnect off negative side in cab control 1 $ 10.00 10.00$ 5RXA1X 11.7 Back up alarm (Preco Factory Model)1 $ 23.00 23.00$ LSXG1X 11.8 OEM daytime running lights 1 STD NPXB1X 11.12 Signal Stat 935 turn signal per Spec 12.6 1 STD NZZACZ 11.13 Auxiliary customer access circuits 1 STD NJXAAX 11.14 Switch for snowplow lights mounted on instrumental panel. Includes wiring terminated near headlights, for customer mounted auxiliary snowplow lights.1 $ 78.00 78.00$ NZZAAX 11.15 Power source terminal-2 stud type-mounted on firewall or inside cab with ground to frame rail and to starter, with 6 gauge wire.1 $ 76.00 76.00$ EAXABX 11.16 10-position switch panel mounted on instrument panel. Includes 10 lighted switches, ignition control; switches will control relays which will feed stud type juction block mounted inside cab.1 $ 663.00 663.00$ NZZABZ 11.17 Vehicle speed sensor with speed signal at fuse panel for sander ground speed control system.1 $ 456.00 456.00$ 12.0 1 12.0 CAB EXTERIOR OPTIONS:1 NA 12.3 Dual rectangular air horns 1 $ 165.00 165.00$ 3GXB1X 12.5 Heated mirrors per Spec 12.5 1 $ 99.00 99.00$ 3GXC1X 12.7 Remote control for dual mirrors 1 $ 167.00 167.00$ 955040 12.12 Imron paint option 1 STD 2DX30X 12.15 Cab Air Ride Suspension 1 STD 28XC1X 12.16 Tilting hood per Spec 12.8 1 $ 367.00 367.00$ 4NXZ1X 12.20 Cab visor, external, painted to match cab color 1 $ 185.00 185.00$ 26 65XA1X 12.21 Front fender extensions 1 $ 85.00 85.00$ NA 12.22 Front fender mud flaps 1 $ 22.00 22.00$ D2XB1X 12.23 Arctic winter wiper blades 1 $ 17.00 17.00$ 3FX49X 12.30 BLACK AERODYNAMIC EXTERIOR MIRRORS 1 $ 146.00 146.00$ EDXB7X 12.31 Heated fender mirrors 1 446.00$ 446.00$ WTXA1X 12.32 HEATED WINDSHIELD 1 $ 210.00 210.00$ 13.0 1 13.0 CAB INTERIOR OPTIONS:1 540070 13.2 Premium grade interior trim package 1 $ 150.00 150.00$ NA 13.3 Round universal gauge package 1 STD 2XX35X 13.5 Power window/both passenger and driver window 1 $ 150.00 150.00$ MC 13.6 O.E.M factory installed, AM/FM 1 STD NA 13.7 O.E.M factory installed, air conditioning **STANDARD 1 STD NA 13.8 Cab mounted non-resettable hour meter **STANDARD 1 STD CCXB1X 13.10 Transmission temp gauges 1 $ 79.00 79.00$ NA 13.11 Windshield defroster fan w/switch dash mounted 1 STD NA 13.13 Transmission oil sensor (check & fill)1 STD 5JXA1X 13.14 CB hot jacks dash mounted 1 $ 26.00 26.00$ 2WXA1X 13.15 Tilt & telescope steering wheel 1 $ 190.00 190.00$ WPXA1X 13.18 TRACTION CONTROL ADDED TO ABS 1 $ 138.00 138.00$ 13.19 Self canceling turn signals 1 STD 1 List seating options for driver and passenger seats. Use as many options as you need to offer seat variations customers have been buying. 1 **********INTERIOR TRIM LEVELS 1 540066 13.22 X1 WREN VINYL TRIM PACKAGE 1 STD 540069 13.26 X5 WREN VINYL / WREN CLOTH 1 $195.00 195.00$ 35XD1X 13.29 NATIONAL SEAT 1 STD 3YXG8X 13.34 COMFORT AIR SUSPENSION HIGH BACK 1 $ 69.00 69.00$ 3YXJ1X 13.36 COMFORT AIR SUSPENSION HIGH BACK WITH BACK CYCLER 1 $ 25.00 25.00$ 32XG8X 13.40 COMFORT AIR SUSPENSION HIGH BACK 1 $ 214.00 214.00$ 3PXC5X 13.43 INBOARD / OUTBOARD DRIVER AND PASSENGER SEAT ARMREST 1 $ 76.00 76.00$ K7AA1X 13.44 STANDARD SAFETY BELT LENGTH 1 STD OUXA1X 13.46 SAFETY BELT DRIVER SEAT, BLACK 1 STD OXXA1X 13.49 SAFETY BELT PASSENGER SEAT, BLACK 1 STD 14.0 1 14.0 MN/DOT OPTIONS:1 1 14.9 TRAILER TOW OPTIONS:1 1 15.9 MANUALS / INTEREST FEE:1 Premi 1 16.9 Delivery Charges:1 1 17.9 Maintenance/ Body Shop Labor rates 1 1 18.9 Quantity Discounts:1 1 20.0 Next Model Year Upcharges 1 20.1 Percentage Upcharge for the following Model Year Base Unit 1 3.00%3,767.37$ 20.1 Percentage Upcharge for the following Model Year Options 1 3.00%943.68$ 27 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.3. Approve Change Order #3 with Minger Construction for Trunk Highway 55 Lift Station Relocation Project (Proj. No. 20-18) Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary In March of 2024, a contract was awarded to Minger Construction for the Trunk Highway 55 Lift Station Relocation Project in the amount of $894,512. During construction of the lift station, it was determined that the driveway to the site had to be reconfigured to meet MnDOT's Right-of-Way permit standards. Staff also determined that a second entrance would be beneficial for future maintenance operations. To facilitate these changes, additional trees had to be cleared, the site had to be regraded, and the concrete slab around the lift station had to be enlarged to accommodate modified site grades. In the attached documentation, the driveway work and tree clearing was originally labeled as CO2, but is being paid for as part of CO3. The concrete slab work was originally labeled as CO4, but is being paid for as part of CO3. The additional cost for the driveway modifications, tree clearing, and larger concrete slab is $62,593.37. Financial or Budget Considerations Change Order #3 increases the contract price by $62,593.37 to a total of $991,962.95. Additional project costs unrelated to this change order include a consulting contract for $159,332. With this change order, the total project cost increases to $1,151,294.95 including the construction and consulting contracts described above. This is within the approved funding for the project, which totals $1,250,000. Project includes $805,000 ARPA funds, and the remainder from Sewer & Water Utility funds (7163.6340). The item in the contract change will be paid from the Sewer & Water Utility fund. Legal Considerations This change order affects construction materials and associated practices, and does not change any other terms or conditions of the approved contract. The City Attorney's office has approved this item. Equity Considerations The City's work to complete the TH-55 Lift Station project is consistent with the unbiased programs and services pillar of the City's Equity Plan. The sanitary sewer infrastructure is a collective benefit throughout the community, improving the capacity and reliability of City-wide sewer service. 28 Recommended Action Motion to Approve Change Order #3 with Minger Construction for Trunk Highway 55 Lift Station Relocation Project (Proj. No. 20-18). Majority vote needed. Supporting Documents Proj_20-18_CO3_Council-Packet.pdf 29 Change Order No. 3 City Project No. 20-18 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 1 of 3 Project Location SW corner of the Olson Memorial Frontage Rd and Schaper Rd intersection Local Agency City of Golden Valley Local Project No. 20-18 Contractor Minger Construction Companies, Inc. MSAS Route # -N/A Address/City/State/Zip 620 Corporate Dr, Jordan, MN 55352 Project Description Relocate lift station from 5000 Olson Memorial Hwy Frontage Rd to the SW corner of the intersection of Olson Memorial Frontage Rd and Schaper Rd Total Change Order Amount $62,593.37 This Contract uses MnDOT Standard Specification for Construction 2020 Edition This Contract between the City of Golden Valley and Contractor is modified as follows: Issue: During construction of the new lift station, it was determined that the configuration of the site driveway needed to be modified to meet MnDOT ROW permit standards. Staff also determined an additional driveway entrance to the site would be beneficial for future maintenance operations. To facilitate the changes to the driveway configuration, additional trees were removed and the concrete slab poured around the lift station had to be enlarged to accommodate modified site grades and equipment access needs. The Engineer has directed the contractor to perform this work. The Engineer has determined the Contract needs to be revised in accordance with specification 1402.5 Extra Work. Resolution: 1. The Contractor and Engineer have agreed upon new lump sum bid items to encompass the work above. 2. The Contractor will furnish all labor, equipment and materials to complete the work detailed above. 3. Payment for this work will be by negotiated lump sum pricing as shown in the Estimate of Cost. 30 Change Order No. 3 City Project No. 20-18 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 2 of 3 Existing Contract Item, Unit Price, and Estimated Quantity * Funding Group Fed. Funding Category (if applicable) Item No. Description Unit Unit Price + or – + or – Quantity Amount $ * 1 N/A 2360.501 Driveway and Slab Modifications LS $62,593.37 +1 +$62,593.37 Net Change this Change Order +$62,593.37 *New bid item to the Contract Due to this change, the contract time: (check one) ( X ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806 ( ) Is Increased by _____ Working Days ( ) Is Decreased by _____ Working Days ( ) Is Increased by _____ Calendar Days ( ) Is Decreased by _____ Calendar Days ATTACHMENTS: By signing this agreement, the Contractor acknowledges receipt of the specified attachments (if applicable.) ( ) Plans ( ) Specs ( ) Other Signatures Title Signature Date City Manager Mayor Contractor Authorized Representative 31 Change Order No. 3 City Project No. 20-18 Change Order Level 2 SP/SAP(s) N/A MN Project No. N/A Page 3 of 3 DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This work is eligible for: ___ Federal Funding ___ State Aid Funding ___ Local funds District State Aid Engineer: _________________________________ Date: ____________ 32 620 Corporate Drive Jordan, MN 55352 PHONE: 952-368-9200 FAX: 952-368-9311 CO4- Additional Driveway and Flatwork Changes This change covers following adjustments that were made: - Add 3’ x 19’ concrete pavement around lift station slab - Add additional area to generator slab and thickened edge to accommodate driveway grade and generator access - 10/18/24 City staff and inspector made changes to the driveway grade around the lift station resulting in additional sand and class being added to driveway that was already graded out. Crew spent 15 hour day prepping and came in following Saturday to make sure pavement wasn’t pushed back on Monday. Total LS Price for Additional Driveway and Flatwork Modifications: $21,593.37 Please reach out with any questions or concerns. Thanks, Josh Phleger Minger Construction Co., Inc. 612-237-3924 33 PHONE: 952-368-9200 FAX: 952-368-9311Date: 10/18/2024Project: 24-022 Golden Valley HWY 55 Lift Station Description of Extra Work: Additional Driveway Changes and Flatwork Changes Labor CostsHourly Rate (Straight Time) Hours Total Cost Foreman 125.06$ 15.001,875.90$ Operator98.27$ 15.001,474.05$ Laborer94.80$ 30.002,844.00$ -$ -$ Mark Up 15%929.09$ Total Labor Cost 7,123.04$ Equipment CostsForeman Truck 40.00$ 15.00 600.00$ Dump Truck80.00$ 13.50 1,080.00$ Skid Loader90.00$ 15.00 1,350.00$ -$ -$ -$ Mark Up 15%454.50$ Total Equipment Cost 3,484.50$ Subcontractor CostsQuantity Unit PriceMBE- Additional Trucking 1.00 1,387.50$ 1,387.50$ Stapf- Larger pad and generator slab 1.00 4,900.00$ 4,900.00$ -$ Total Subcontractor Cost Without Markup6,287.50$ Subcontractor Markup (10%)628.75$ Total Subcontractor Cost With Markup6,916.25$ Material CostsQuantity Unit PriceMartin Marietta- 441468651.002,477.91$ 2,477.91$ Martin Marietta- 441468651.00915.30$ 915.30$ -$ Total Material Cost3,393.21$ Material Tax (9.03%)306.41$ Total Material Cost Without Markup3,699.62$ Material Markup (10%)369.96$ Total Material Cost With Markup4,069.58$ Total Labor Cost7,123.04$ Total Equipment Cost3,484.50$ Total Subcontractor Cost6,916.25$ Total Material Cost4,069.58$ Total Cost of Extra Work21,593.37$ P.O. BOX 236JORDAN, MN 55352Summary34 35 36 M.B.E., INC. 530 RIVER STREET SOUTH DELANO, MN 55328 (763) 972-9233 INVOICE BILL TO:PROJECT NUMBER/NAME TERMS DATE INVOICE NO. CUSTOMER JOB NO. * #24149 HWY 55 LIFT STATION RELOCATION NET 30 10/20/2024 53867 24-022 MINGER CONSTRUCTION 620 CORPORATE DRIVE JORDAN, MN 55352 DESCRIPTION SERVICE DATE QTY U/M RATE SALES TAX AMOUNT 160000 HOURLY TRUCKING QUINTS 10/18/2024 1.5 HR $140.00 0.000%$210.00 160001 HOURLY TRUCKING QUINTS TAXABLE 10/18/2024 7.75 HR $140.00 8.525%$1,085.00 PLEASE NOTE: SERVICE WILL NOT BE PROVIDED WITH OPEN BALANCES EXCEEDING 75 DAYS. PAYMENTS MADE BY CREDIT CARD, WILL BE SUBJECT TO A 3% PROCESSING FEE EFFECTIVE 10/1/2023. FUEL SURCHARGE WILL BE APPLIED TO ALL TRUCKING INVOICED USING THE CURRENTLY WEEKY FUEL AVERAGE LESS A BASE OF $5.00 MULTIPLIED BY THE NUMBER OF TRUCKING HOURS AND ASSUMING ALL TRUCKS CONSUME 8 GALLONS PER HOUR. PLEASE REFER TO EIA WEBSITE MIDWEST PADD2 SUBTOTAL $1,295.00 SALES TAX $92.50 TOTAL $1,387.50 MBE Inc, is a DBE / SBE / MBE Contractor Terms: Net 30 days. 1.50% per month service charge will be assessed on outstanding balances. Accounts must be current before MBE is able to dispatch trucks. Bond not included. No retainage, payment in full. Notwithstanding any provision to the contrary, we may take all steps reasonably necessary to preserve its lien and bond rights. To the extent permitted by law, the undersigned agrees to pay all costs of collection, including reasonable attorneys' fees and legal expenses, incurred by MBE. Printed on: Oct 23, 2024 Page 1 of 1 37 JOB: 24149.160000 MINGER CONSTRUCTION HWY 55 LIFT STATION RELOCATION TICKET #CUST TIK NO PVR TK #OWNER LOADS REV RATE REV QTY UOM TOTAL SALES TAX TOTAL W/ TAX 10/18/2024 E95247 YES 101 K09 - KP AND SONS TRUCKING INC 1 $140.00 1.5 HR $210.00 $0.00 $210.00 DAILY TOTAL:1 1.5 $210.00 $0.00 $210.00 JOB TOTAL:1 1.5 $210.00 $0.00 $210.00 Invoice Detail Ticket Summary Invoice No. = 53867 Printed on: Oct 23, 2024 M.B.E., Inc.Page 1 of 238 JOB: 24149.160001 MINGER CONSTRUCTION HWY 55 LIFT STATION RELOCATION TICKET #CUST TIK NO PVR TK #OWNER LOADS REV RATE REV QTY UOM TOTAL SALES TAX TOTAL W/ TAX 10/18/2024 E95246 YES K77 K06 - KP TRUCKING INC 5 $140.00 5.25 HR $735.00 $62.66 $797.66 E95247 YES 101 K09 - KP AND SONS TRUCKING INC 3 $140.00 2.5 HR $350.00 $29.84 $379.84 DAILY TOTAL:8 7.75 $1,085.00 $92.50 $1,177.50 JOB TOTAL:8 7.75 $1,085.00 $92.50 $1,177.50 Invoice Detail Ticket Summary Invoice No. = 53867 Printed on: Oct 23, 2024 M.B.E., Inc.Page 2 of 239 Page 1 of 1 44146865 FOR BILLING QUESTIONS PLEASE CALL 763-425-4191 Visit eRocks at www.martinmarietta.comTM SOLD TO: MINGER CONSTRUCTION INC 8000 Zachary Lane Maple Grove MN 55369 US SHIP TO: MINGER CONSTRUCTION INC 620 CORPORATE DRIVE JORDAN MN 55352 PAYMENT TERMS: 34131 22196901 SO Product No. Ship Date Car/Barge No. Description Quantity UM Unit Price Material Amount Freight Rate Freight Amount Taxes & Fees TOTAL Order No.Customer PO No. Dest. No. Job No.Dist Business Unit Business Unit Name Cust. No.Invoice Date Invoice No. NET 30 DAYS- A/R Maple Grove Pit80 10/21/24 5852626033684024-022 SPECIAL JOB NAME: MINGER CONSTRUCTION INC - 2024 P.O. Box 30013 Raleigh, NC 27622-0013 10/18/24 CLASS 5 RECYCLE1078 191.65 TN34093600 191.65 11.83 16.20 198.61 TN34093655 198.61 12.26 16.20 206.06 TN34093681 206.06 12.72 16.20 204.93 TN34093710 204.93 12.65 16.20 311.04 TN34093723 311.04 19.20 16.20 204.28 TN34093725 204.28 12.61 16.20 299.70 TN34093741 299.70 18.50 16.20 200.88 TN34093744 200.88 12.40 16.20 205.25 TN34093756 205.25 12.67 16.20 304.72 TN34093760 304.72 18.81 16.20 *SUBTOTAL*2,327.12 2,327.12 143.65 10/18/24 SELECT GRANULAR1088 150.79 TN34093633 150.79 11.92 12.65 *SUBTOTAL*150.79 150.79 11.92 $2,701.54 INVOICE TOTAL 2,477.91 2,477.91 155.57 TOTAL TAX AMOUNT 223.63 DETACH and Include this Return Portion with Payment PLEASE NOTIFY US OF ANY ALTERATIONS YOU MAKE TOWARDS THE INVOICE AMOUNT CUSTOMER NUMBER: 585262 MINGER CONSTRUCTION INVOICE NUMBER: 44146865 PAYMENT DUE $2,701.54 Call or go online to report possible wrongdoing or to obtain clarification on ethical matter 1-800-209-4508 www.martinmarietta.alertline.com. For all other questions call the billing number above. REMIT TO: MARTIN MARIETTA MATERIALS PO Box 93186 Chicago IL 60673-3186 9.025 %TAX RATE 40 Page 1 of 1 44146867 FOR BILLING QUESTIONS PLEASE CALL 763-425-4191 Visit eRocks at www.martinmarietta.comTM SOLD TO: MINGER CONSTRUCTION INC 8000 Zachary Lane Maple Grove MN 55369 US SHIP TO: MINGER CONSTRUCTION INC 620 CORPORATE DRIVE JORDAN MN 55352 PAYMENT TERMS: 34131 22196902 SO Product No. Ship Date Car/Barge No. Description Quantity UM Unit Price Material Amount Freight Rate Freight Amount Taxes & Fees TOTAL Order No.Customer PO No. Dest. No. Job No.Dist Business Unit Business Unit Name Cust. No.Invoice Date Invoice No. NET 30 DAYS- A/R Maple Grove Pit80 10/21/24 5852626033684024022 SPECIAL JOB NAME: MINGER CONSTRUCTION INC - 2024 P.O. Box 30013 Raleigh, NC 27622-0013 10/18/24 CLASS 5 RECYCLE1078 309.58 TN34093733 309.58 19.11 16.20 305.37 TN34093749 305.37 18.85 16.20 300.35 TN34093765 300.35 18.54 16.20 *SUBTOTAL*915.30 915.30 56.50 $997.91 INVOICE TOTAL 915.30 915.30 56.50 TOTAL TAX AMOUNT 82.61 DETACH and Include this Return Portion with Payment PLEASE NOTIFY US OF ANY ALTERATIONS YOU MAKE TOWARDS THE INVOICE AMOUNT CUSTOMER NUMBER: 585262 MINGER CONSTRUCTION INVOICE NUMBER: 44146867 PAYMENT DUE $997.91 Call or go online to report possible wrongdoing or to obtain clarification on ethical matter 1-800-209-4508 www.martinmarietta.alertline.com. For all other questions call the billing number above. REMIT TO: MARTIN MARIETTA MATERIALS PO Box 93186 Chicago IL 60673-3186 9.025 %TAX RATE 41 42 620 Corporate Drive Jordan, MN 55352 PHONE: 952-368-9200 FAX: 952-368-9311 CO3- Modified Driveway Configuration Plans dated 8.1.24 modified driveway configuration at LS. The modified driveway resulted in the following additions: 2200 SF of Asphalt (2” Wear Course, Tack Coat, 3” Non-Wear Course) 2200 SF Class 5 8” Thick 2200 SF of Sand 16” Thick 2200 SF of Export for Road Section (1) Additional concrete driveway entrance including removals and base (2) Additional tree removals Total LS Price for Driveway Modifications: $41,000.00 Please reach out with any questions or concerns. Thanks, Josh Phleger Minger Construction Co., Inc. 612-237-3924 43 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.4. Approve Cooperative Agreement with the Bassett Creek Watershed Management Commission for Bassett Creek Main Stem Restoration Project 2024CR-M (Regent Avenue to Golden Valley Road) Prepared By Eric Eckman, Environmental Resources Supervisor Summary The Bassett Creek Watershed Management Commission (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 stream is located within Dakota homeland and is an important source of sustenance, active and passive recreation, and economic vitality for the entire watershed. Haha Wakpadan/Bassett Creek does not currently meet state standards for biological integrity (fish and insects), bacteria, and chloride. The City, the BCWMC, and their partners are actively working to implement best management practices, provide education and outreach, and construct projects that will help reduce these impairments and improve the long-term health of the stream. The BCWMC has a capital improvement program that includes the Bassett Creek Main Stem Restoration Project 2024CR-M (Regent Avenue to Golden Valley Road) identified for construction in 2025. This portion of the stream is experiencing high erosion and soil loss that can negatively impact the ecosystem and public and private infrastructure. The project involves approximately 7,000 feet of stream in the eastern portion of Golden Valley and would reduce pollution in Haha Wakpadan/Bassett Creek and downstream in the Mississippi River by an estimated 82 pounds of total phosphorus (excess nutrients) and 136,000 pounds of total suspended solids (excess soils) each year. The proposed project would stabilize eroding streambanks, preserve high-quality natural features, protect infrastructure, repair deteriorating storm sewer outlets, remove buckthorn and invasive species, and restore the stream corridor with native and natural vegetation to improve water quality, wildlife habitat, and ecological diversity. This project seeks to build upon the collaborative efforts that the BCWMC, the City, and their partners have implemented to help restore Haha Wakpadan/Bassett Creek (see location map for this and similar restoration projects). The cooperative agreement outlines each party's responsibilities with respect to the design and construction of the project. The BCWMC will provide engineering services including project design, 44 preparation of bid documents, assisting with community engagement, preparation of exhibits for temporary construction access, permitting, construction observation, and environmental oversight. The City will advise and assist the BCWMC during design, assist with community engagement, obtain temporary construction access rights where needed, bid and award contracts, and administer the construction of the project. Below is a summary of work completed to date and a milestone schedule for the project. Work to date: Engineering Feasibility Study 2022-2023 Community Engagement November 2022; March 2023 Feasibility Report Approved by BCWMC June 2023 BCWMC Public Hearing; Ordered Project September 21, 2023 BCWMC Approved Terms of Coop. Agreement November 20, 2024 Milestone schedule: Project Design and Community Engagement Winter-Spring 2025 Bid and Award Contracts Summer 2025 Construction Fall 2025-Winter 2026 Restoration, Planting, Vegetation Establishment 2026-2028 Financial or Budget Considerations The estimated cost of the Bassett Creek Main Stem Restoration Project 2024CR-M (Regent Avenue to Golden Valley Road), including the feasibility study, engineering services, and construction, is $2,241,000. There are no special assessments to residents. Following is a breakdown of the funding sources for the project. BCWMC Capital Improvement Program $1,741,000 BCWMC Closed Project Account $ 200,000 BCWMC Channel Maintenance Funds $ 200,000 City Capital Improvement Program Stormwater Utility SS-67 $ 100,000 Total $2,241,000 As is typical with BCWMC cooperative projects, the City will incur costs for its portion of the work outlined in the cooperative agreement. The BCWMC will reimburse the City for all eligible project costs incurred by the City up to $2,141,000, less BCWMC expenses. It is anticipated that the City will request reimbursements quarterly as project milestones are reached. Legal Considerations The City Attorney has reviewed and approved the Cooperative Agreement for Bassett Creek Main Stem Restoration Project 2024CR-M (Regent Avenue to Golden Valley Road). Equity Considerations The City's ongoing work to protect and improve water quality for all living beings is consistent with the unbiased programs and services pillar of the City's Equity Plan. Clean water and healthy ecosystems benefit all community members, especially those who have been impacted most and contribute the 45 least to environmental harms. This creek restoration project will improve the health of the stream for Haha Wakpadan/Bassett Creek residents as well as communities downstream along the Mississippi River. The watershed and stream are located within Dakota homeland. 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. 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. This includes incorporating a wide range of voices and perspectives in watershed projects. The BCWMC has an incentive policy for participation in input-gathering activities with a focus on Black, Indigenous, and People of Color (BIPOC) communities. It is anticipated that the participation incentive and focused outreach will be incorporated into the community engagement process planned for this project. Recommended Action Motion to Approve Cooperative Agreement with the Bassett Creek Watershed Management Commission for Bassett Creek Main Stem Restoration Project 2024CR-M (Regent Avenue to Golden Valley Road). Majority vote needed. Supporting Documents Project Location Map Bassett Creek Restoration Project Cooperative Agreement Exhibit A - Feasibility Report 46 Winnetka Ave SWinnetka Ave NWinnetka Ave NDouglas Dr NDouglas Dr NMedicine Lake Rd Glenwood AveMendelssohn Ave NPlym outh Ave N 10th Ave N 7thAve Boone Ave NWisconsin Ave NNevada Ave NGeneralMillsBlvdG o ld e n V alleyRdRhodeIslandSandburg Rd Betty CrockerDr WayzataBlvd Country Club Dr Harold Ave Laurel Ave Louisiana Ave SJersey AveFloridaAve SGolden Hills DrZane Ave NS Frontage Rd TurnersCrossroad NMeadow Ln NNoble Ave NHampshireAve SW ayza ta Blvd Zenith Ave NTheod o r eWirthPkwyDecatur Ave NWayza t a Blvd Duluth St G o l d e n Valle yRd AveNG o l d e n Valley Rd Pennsylvania Ave SWayzataBlvd XeniaAveSOlson Memorial HwyN Frontage Rd Lilac Dr N456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 Regent Ave N2014 CreekRestoration 2015 CreekRestoration 2025 CreekRestoration 2012 CreekRestoration 2010 CreekRestoration 2012 CreekRestoration Location Map 0 2,500 5,0001,250 Feet Sources: Print Date: 12/11/2024-Hennepin County Surveyors Office for Property Lines (2024).-City of Golden Valley for all other layers.I Creek Restoration Project Past Project Planned Project 47 1 COOPERATIVE AGREEMENT (Bassett Creek Main Stem Restoration Project 2024CR-M) This Cooperative Agreement (“Agreement”) is made as of this ____ day of _______________, 2024 by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization (“Commission”), and the City of Golden Valley, a Minnesota municipal corporation (“City”). The Commission and the City may hereinafter be referred to individually as a “party” or collectively as the “parties.” RECITALS A. The Commission adopted the Bassett Creek Watershed Management Commission Watershed Management Plan on September 17, 2015 (“Plan”), a watershed management plan within the meaning of Minnesota Statutes, section 103B.231. B. The Plan, as amended by the Commission from time to time, includes a capital improvement program (CIP) that lists several capital improvements including the Bassett Creek Main Stem Restoration Project Regent Ave. to Golden Valley Road 2024CR-M (“Project”). C. The Project is in the City of Golden Valley and will be designed and constructed as described in the feasibility report for the Project prepared by the commission engineer, Barr Engineering Co. (the “Commission Engineer”), entitled Feasibility Report for Bassett Creek Main Stem Restoration, Regent Avenue to Golden Valley Road (2024 CR-M),dated June 2023 (“Feasibility Report”), which is attached hereto as Exhibit A. The Project, as more specifically described in section 1 below, generally consists of the work identified in the Feasibility Report as Option 3 – restoring all proposed restoration areas. D. On September 21, 2023, the Commission adopted a resolution ordering the Project and directing that it be constructed by the City. Although the City will directly contract for the Project’s construction, the parties desire for the Commission Engineer to perform all customary engineering services related to designing and administering the Project, including, but not necessarily limited to, Project design, preparation of bid documents, assisting with community engagement, preparation of exhibits for necessary property rights, permitting and environmental review, construction observation, environmental oversight, if needed, and inspections (collectively, the “Engineering Services”). Engineering Services will be defined for the Project, in cooperation with the City, and memorialized by the Commission Engineer in a scope of work that will be reviewed by the City and presented to the Commission for its approval. E. The estimated planning level opinion of cost of the Project, including the feasibility study, all additional Engineering Services, and actual construction, is $2,241,000. F. To fund the Project, including all services provided by the Commission Engineer and reimbursement of all eligible costs incurred by the City, the Commission will utilize up to $1,741,000 available to the Commission through a Hennepin County levy on watershed taxpayers 48 2 and up to $200,000 from its Closed Project Account. The additional $300,000 of estimated total Project costs will be funded using $200,000 from the City’s portion of BCWMC channel maintenance funding and up to $100,000 from the City’s own capital improvement program. G. In accordance with the Plan, the first portion of Project costs were certified to Hennepin County, which levied taxes throughout the watershed for Project costs in 2023 for collection and settlement in 2024, and the Commission intends to certify the remaining portionof Project costs to Hennepin County in 2024 and 2025 for collection and settlement in 2025 and 2026, respectively, all pursuant to Minnesota Statutes, section 103B.251. H. Accordingly, and pursuant to the authority provided in Minnesota Statutes, section 471.59, the parties desire to cooperate and implement the Project in accordance with the terms and conditions hereinafter set forth. AGREEMENT In consideration of the mutual covenants and agreements hereinafter set forth, and intending to be legally bound, the parties hereby agree as follows: 1. Project. The Project will consist of the work identified in the Feasibility Report as Option 3 – stabilizing all proposed restoration areas, as provided in Sections 6, 7, and 8 of the Feasibility Report, plus appendices, which includes restoring the streambanks in all high, medium, and low priority areas, to the extent that property rights and Project funding will accommodate, along a 7,000 foot section of Bassett Creek (known as Ȟaȟá Wakpádaŋ in the Dakota language) between Regent Avenue and Golden Valley Road. The Project is expected to annually reduce pollution in Ȟaȟá Wakpádaŋ/Bassett Creek and downstream in the Mississippi River by an estimated 82 pounds of total phosphorus and 136,000 pounds of total suspended solids. 2. Design and Plans; Property Rights. The Commission Engineer, in cooperation with the City, will design the Project and prepare plans and specifications for construction of the Project. The 50% and 90% plans and specifications shall be submitted to the Commission for approval in accordance with the Commission’s CIP project review process. Throughout development of the plans, the City will use its best efforts to obtain all property rights necessary for implementation of the Project in the form of right-of-entry agreements, easements, or other instruments, as it deems appropriate, which will be based upon the Commission Engineer’s design and exhibits provided as part of the Engineering Services. Said instruments will run in favor of the City and, accordingly, the drafting and recording of such instruments will be the sole responsibility of the City. At the time of the Commission’s review of the 90% plans, the City will provide a comprehensive update regarding its efforts to obtain such property rights and any impacts such efforts have on the scope of the Project, if any, which will be reviewed by the Commission when determining whether to proceed with its approval of the 90% plans. Any changes to the Commission-approved 90% plans and specifications must be submitted to the Commission for subsequent approval. Minor changes, however, may be approved by the City, at the recommendation of the Commission Engineer, without requiring additional approval by the Commission. For purposes of this paragraph, “minor changes” shall mean those 49 3 changes to the approved plans that do not materially change either the effectiveness of the Project to meet its intended purposes, the aesthetics, form, or function of the Project, or the environmental impacts of the Project. For the avoidance of doubt, any changes to the Commission-approved 90% plans and specifications that are not considered minor changes require Commission review and approval. 3. Contract Administration and Requirements. The Commission Engineer, in cooperation with the City and as part of the Engineering Services, will prepare bidding documents. The City will advertise for bids and award contracts for all Project work in accordance with the requirements of applicable law. The City will award such contracts and, with the assistance of the Commission Engineer, will administer the construction of the Project to be completed in accordance with the approved plans and specifications. The contract may only be let to a responsible contractor in accordance with Minnesota Statutes, section 16C.285 and the City will require the contractor to provide all payment and performance bonds required by law. The City will pay its contractor(s) along with all other expenses related to the Project, and the City will keep and maintain complete records of all costs incurred. During construction, any project change orders that are not considered minor changes, as defined in section 2 above, must be submitted to the Commission for review and approval. The City will further require the contractor to name the Commission and Commission Engineer as additional insureds on all liability policies required by the City and the Commission shall be given the same notification of cancellation or non-renewal as is given to the City. The City will require the contractor to defend, indemnify, protect and hold harmless the Commission, the Commission Engineer, and the City, including all of said parties’ agents, officers, and employees, from all claims or actions arising from negligent acts, errors or omissions of the contractor. The City will display a sign at the construction site stating, “Paid for by the Taxpayers of the Ȟaȟá Wakpádaŋ/Bassett Creek Watershed.” 4. Commission Reimbursement. In addition to up to $200,000 of Closed Project Account funding and up to $200,000 of the City’s portion of BCWMC channel maintenance funding, the Commission used or will use its best efforts to secure payment from Hennepin County in accordance with Minnesota Statutes, section 103B.251 in the amount of $434,000 by tax levy in 2023 for collection in 2024 and an additional $1,307,000 by tax levy in 2024 and 2025 for collection in 2025 and 2026, respectively. Accordingly, the total reimbursement paid by the Commission to the City for the Project will not exceed $400,000 plus the total amount levied, which is anticipated to be $1,741,000, for a total of up to $2,141,000, less the Commission’s out-of-pocket Project expenses. The Commission’s out-of-pocket Project expenses include, but are not necessarily limited to, all Engineering Services as defined in Recital D above, feasibility studies, publication of Commission notices, legal expenses, grant administration, and up to a 2.5% administrative charge from funds received in the aforementioned tax settlements from Hennepin County. All available funds in excess of such expenses are available for reimbursement to the City for eligible costs incurred by the City for construction of the Project, which shall include costs associated with all items in Table 5-1 of the Plan including, but not limited to, costs associated with acquisition of property rights and City staff time and expenses. Reimbursement to the City will be made as soon as funds are available, provided a request for payment has been received from the City that contains such detailed information as may be 50 4 requested by the Commission to substantiate costs and expenses. The City shall complete and submit with its final reimbursement request to the Commission a final report on the Project using the Commission’s final reporting form and providing such other information as may be requested by the Commission. 5. Limits on Reimbursement. Reimbursement to the City will not exceed the amount specified above (up to $2,141,000), depending on the total amount received from the County for the Project, less any amounts used or retained by the Commission for its out-of-pocket expenses, as detailed in section 4. The above amounts will not be increased by grants or other revenues received by the Commission for the Project. Reimbursement will not exceed the costs and expenses incurred by the City for the Project, less any amounts the City receives for the Project as grants from other sources. All costs of the Project incurred by the City in excess of such reimbursement shall be borne by the City or secured by the City from other sources. 6. Audit. All books, records, documents, and accounting procedures related to the Project will remain subject to examination by both parties and either the State Auditor or the Legislative Auditor for at least six years after completion of the Project. 7. Environmental Review. As part of the Engineering Services, the Commission Engineer, with the City’s cooperation, will discuss the potential need for environmental investigation and planning and, if requested, will perform all necessary investigations of site contamination and assist the City in securing all necessary local, state, or federal permits required for the construction of the Project. The City will not proceed with the Project until any required environmental review and remediation of site contamination is completed or a plan for remediation is approved by appropriate regulatory agencies. 8. Ongoing Maintenance. Upon completion of the Project, the City shall be responsible for any ongoing maintenance in areas owned by the City or subject to City easement allowing for such maintenance. In said areas, the City agrees to perform, at its cost, such maintenance as may be required to sustain the proper functioning of the improvements constructed as part of the Project for their useful life. In areas not owned by the City or not subject to City easement, the City agrees to provide property owners with a letter outlining recommended best practices and guidance for maintaining any improvements on their property (i.e. native vegetation buffers, trees, and streambank stabilization measures). 9. Data Practices. Both parties will retain and make available data related to the letting of contracts and construction of the Project or any other such data determined to be public in accordance with the Minnesota Government Data Practices Act. 10. Term. This Agreement shall be in effect as of the date first written above and shall terminate once the Project is completed and the parties have performed all obligations provided herein, except for ongoing maintenance required of the City which will survive termination. 11. Liability; Indemnification. This Agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes, section 471.59. Additionally, each party agrees that it will be responsible only for its own acts and the results thereof to the extent authorized by the 51 5 law and will not be responsible for the acts or omissions of the other and the results thereof. Furthermore, each party shall indemnify, defend and hold harmless the other against all claims, losses, damage, liability, suits, judgments, costs and expenses, including reasonable attorneys’ fees, resulting from the actions or inactions of the indemnifying party, its officers, employees, or agents. Any party seeking to be indemnified, defended, and held harmless as required herein shall provide timely notice to the indemnifying party when a claim is brought. The party undertaking the defense shall retain all rights and defenses available to the party or parties indemnified and no immunities are hereby waived that are otherwise available to the parties under law. Nothing in this Agreement shall constitute or be construed as a waiver of any exemptions or limitations on liability available to the parties under Minnesota Statutes, chapter 466 or any other law. For purposes of this Agreement and the cooperative activities contemplated herein, the parties hereto are considered a single governmental unit for purposes of total liability for damages pursuant to Minnesota Statutes, section 471.59, subd. 1a(b). This Agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. As between the parties, only contract remedies are available for a breach of this Agreement. This section 11 will survive termination of this Agreement. 12. Entire Agreement. The above recitals and the exhibits attached hereto are incorporated in and made part of this Agreement. This Agreement contains the entire understanding between the parties regarding this matter and no amendments or other modifications of its terms are valid unless reduced to writing and signed by both parties. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [signature page to follow] 52 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. BASSETT CREEK WATERSHED MANAGEMENT COMMISSION By:__________________________________ Its Chair And by:______________________________ Its Secretary Date:_________________________________ 53 7 CITY OF GOLDEN VALLEY By: _________________________________________ Its Mayor And by: ______________________________ Its City Manager Date:_________________________________ 54 A-1 EXHIBIT A Feasibility Report [attached hereto] 55 4300 MarketPointe Drive, Suite 200 Minneapolis, MN 55435 952.832.2600 www.barr.com Feasibility Report for Bassett Creek Main Stem Restoration, Regent Avenue to Golden Valley Road (2024 CR-M) Golden Valley, Minnesota Prepared for Bassett Creek Watershed Management Commission June 2023 56 \\barr.com\projects\Mpls\23 MN\27\2327051\WorkFiles\CIP\Capital Projects\2024 Bassett Creek Main Stem_Regent to GV Rd_2024 CR- M\Feasibility\Workfiles\Report\Bassett Creek Main Stem Feasibility Report_v6.docx i Feasibility Report for the 2024 Bassett Creek Main Stem Restoration Regent Avenue to Golden Valley Road June 2023 Contents 1 Executive Summary ..................................................................................................................................................................... 1 1.1 Background ........................................................................................................................................................................ 1 1.2 General Project Description and Site Characteristics ........................................................................................ 1 1.3 Recommendations .......................................................................................................................................................... 4 2 Background and Objectives ..................................................................................................................................................... 5 2.1 Goals and Objectives ..................................................................................................................................................... 7 2.1.1 Scope ................................................................................................................................................................... 7 2.1.2 Stream Stabilization ....................................................................................................................................... 7 2.1.3 Considerations ................................................................................................................................................. 7 2.2 Background ........................................................................................................................................................................ 8 2.2.1 Reach Description ........................................................................................................................................... 8 3 Site Characteristics ....................................................................................................................................................................... 9 3.1 Bassett Creek Watershed.............................................................................................................................................. 9 3.2 Stream Characteristics .................................................................................................................................................11 3.3 Site Access and Easements ........................................................................................................................................11 3.4 Wetlands ...........................................................................................................................................................................12 3.5 Cultural and Historical Resources ...........................................................................................................................14 3.6 Environmental Review .................................................................................................................................................16 3.7 Threatened and Endangered Species Review ....................................................................................................17 3.8 Tree Survey ......................................................................................................................................................................18 3.9 Drone Flight .....................................................................................................................................................................20 3.10 Topography and Utilities ............................................................................................................................................20 4 Stakeholder and Public Engagement .................................................................................................................................21 4.1 Project Kickoff Meeting with BCWMC Staff and City of Golden Valley Representatives ..................21 4.2 Technical Stakeholder / Agency Meeting ............................................................................................................21 4.3 Public Stakeholder Input-Gathering ......................................................................................................................21 4.3.1 Virtual Story Map and Online Survey with Residents .....................................................................21 4.3.2 Open House ....................................................................................................................................................22 4.3.3 Virtual Meeting with Dakota Community Members .......................................................................22 5 Potential Improvements ..........................................................................................................................................................23 5.1 Description of Potential Improvements ...............................................................................................................23 5.1.1 Hard Armoring and Bioengineering Stream Stabilization Techniques ....................................23 57 ii 5.1.2 Stream Stabilization Techniques Evaluated .............................................................................................24 5.2 Concepts Evaluated ......................................................................................................................................................26 6 Project Modeling Results and Potential Impacts...........................................................................................................36 6.1 Hydrologic, Hydraulic, and Water Quality Modeling ......................................................................................36 6.1.1 BCWMC XPSWMM Model Review .........................................................................................................36 6.1.2 Anticipated Pollutant Removals ..............................................................................................................38 6.2 Easement Acquisition...................................................................................................................................................39 6.3 Permits Required for Project .....................................................................................................................................39 6.3.1 Section 404 Permit .......................................................................................................................................40 6.3.2 Minnesota Pollution Control Agency (MPCA) Permits ..................................................................40 6.3.3 Minnesota Wetland Conservation Act ..................................................................................................41 6.3.4 Environmental Assessment Worksheet ................................................................................................41 6.3.5 Public Waters Work Permit .......................................................................................................................41 6.3.6 City of Golden Valley Permits ..................................................................................................................41 6.4 Other Project Impacts ..................................................................................................................................................42 6.4.1 Tree Loss ...........................................................................................................................................................42 6.4.2 Water Quality Impacts ................................................................................................................................42 6.4.3 Utility Considerations ..................................................................................................................................42 7 Project Cost Considerations ...................................................................................................................................................43 7.1 Opinion of Cost ..............................................................................................................................................................43 7.2 Funding Sources ............................................................................................................................................................44 7.3 Project Schedule ............................................................................................................................................................44 8 Recommended Option ............................................................................................................................................................46 9 References .....................................................................................................................................................................................47 58 iii List of Tables Table 1-1 Total TP and TSS Reductions and Tree Removals .................................................................................. 3 Table 3-1 Property Ownership Summary of Creek Bank Within Ten Feet of Waterline1 ......................... 12 Table 3-2 Summary of Desktop Delineated Wetlands .......................................................................................... 14 Table 3-3 Summary of Tree Survey with City of Golden Valley Tree Definitions ........................................ 19 Table 3-4 Summary of Tree Survey by Species ........................................................................................................ 19 Table 5-1 Potential Stream Stabilization Measures ................................................................................................ 24 Table 5-2 Open House Concept Alternatives Summary ....................................................................................... 26 Table 5-3 Scoring Methodology for Stream Restoration Areas ........................................................................ 32 Table 5-4 Proposed Restoration Areas (areas shown in Figure 5-1 through Figure 5-4) ........................ 33 Table 6-1 Summary of BCWMC XPSWMM Model for Project Area ................................................................. 36 Table 6-2 Pollutant Reduction by Proposed Option .............................................................................................. 39 Table 6-3 Restoration Lengths on Property Types .................................................................................................. 39 Table 7-1 Bassett Creek Main Stem Stream Restoration Project Options Cost Summary ...................... 44 List of Figures Figure 1-1 Project Location ................................................................................................................................................... 2 Figure 2-1 Existing Conditions and Erosion Extents .................................................................................................... 6 Figure 3-1 Bassett Creek Main Stem Watershed Land Use ................................................................................... 10 Figure 3-2 Hydric Soils and Wetlands ............................................................................................................................ 13 Figure 3-3 Cultural, Historical, and Enviro Review .................................................................................................... 15 Figure 5-1 Proposed Stream Restoration—Areas Main Stem .............................................................................. 28 Figure 5-2 Proposed Stream Restoration—Areas Main Stem .............................................................................. 29 Figure 5-3 Proposed Stream Restoration—Areas Main Stem .............................................................................. 30 Figure 5-4 Proposed Stream Restoration—Areas Main Stem .............................................................................. 31 Figure 6-1 Reviewed XPSWMM Model Locations ..................................................................................................... 37 List of Appendices, Attachments, or Exhibits Appendix A Site Visit Photos Appendix B Blanding’s Turtle Flyer Appendix C Open House Materials Appendix D Restoration Table Appendix E Erosion Rates Appendix F Tree Loss Summary Appendix G Cost Estimates 59 iv Certification I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota June 8, 2023 Jessica Olson, PE PE #: 43102 Date 60 v Abbreviations BANCS Bank Assessment for Non-Point Source Consequences of Sediment BCWMC Bassett Creek Watershed Management Commission BWSR Minnesota Board of Water and Soil Resources BEHI Bank Erosion Hazard Index CIP capital improvement program CSW construction stormwater CWA Clean Waters Act EAW Environmental Assessment Worksheet EQB Environmental Quality Board FAA Federal Aviation Administration IPaC Information, Planning, and Conservation System LGU local government unit LUST leaking underground storage tank MCBS Minnesota County Biological Sites METC Metropolitan Council MnDNR Minnesota Department of Natural Resources MPCA Minnesota Pollution Control Agency NBS near bank stress NHIS Natural Heritage Information System NRCS Natural Resources Conservation Act NRHP National Register of Historic Places NWI National Wetland Inventory OSA Office of the State Archaeologist ROW right-of-way PWI public water inventory RMP resource management plan SHPO State Historic Preservation Office SNA scientific natural areas TP total phosphorus TRPD Three Rivers Park District TSS total suspended solids USACE U.S. Army Corps of Engineers USFWS U.S. Fish and Wildlife Service WCA Wetland Conservation Act WMA Wildlife Management Areas 61 1 1 Executive Summary 1.1 Background The Bassett Creek Watershed Management Commission’s (BCWMC) current Capital Improvement Program (CIP) (Table 5-3 in the 2015-2025 Bassett Creek Watershed Management Plan, as revised) includes the Bassett Creek Main Stem Channel Restoration from Regent Avenue North to Golden Valley Road (CIP 2024-CR-M). At their August 2022 meeting, the Commission approved the BCWMC Engineer’s proposal to conduct a feasibility study for the Main Stem Channel Restoration. As is required for BCWMC CIP projects, a feasibility study must be completed prior to the BCWMC holding a hearing and ordering the project. This feasibility study examines methods to stabilize and restore areas of erosion within the corridor, as well as improve aquatic and riparian habitats. The Commission Engineer investigated three options during this feasibility study. The three options developed were based on restoring areas ranked low to high using prioritization metrics provided by the City of Golden Valley and the Commission Engineer. If ordered, the BCWMC will utilize the BCWMC CIP funds to implement the proposed project. The source of these funds is an ad valorem tax levied by Hennepin County over the entire Bassett Creek watershed on behalf of the BCWMC. In addition to BCWMC CIP funds, Golden Valley plans to contribute channel maintenance funds ($200,000) and Capital Improvement Program funds ($100,000) toward project implementation. 1.2 General Project Description and Site Characteristics The Bassett Creek Main Stem Restoration project area is located along Bassett Creek between Regent Avenue North and Golden Valley Road. The project will focus on restoring eroding stream banks and improving aquatic and riparian habitats (Figure 1-1). The approximately 7,000-foot reach is located on a combination of privately owned and publicly owned properties, including portions of land owned by Golden Valley, and operated in partnership with Three Rivers Park (TRPD) through the Sochacki Park Joint Powers Agreement. The creek maintains a steady base flow year-round and meanders through neighborhoods and wooded backyards and alongside a wooded reach of Sochacki Park. Erosion of the stream banks varies along the reach from mild to severe, with eroding bank heights varying from 2.5 to approximately 8 feet. The 7,000-foot reach was broken into four separate reaches for mapping purposes. Reach 1 is located between Regent Avenue North and Noble Avenue, Reach 2 is between Noble Avenue and Bassett Creek Drive, Reach 3 is between Bassett Creek Drive and Station 56+00, and Reach 4 is between Station 56+00 and Golden Valley Road (Figure 5-1). 62 Sweeney Lake Park Briarwood Bird Sanctuary Sochacki Park (Rice Lake Nature Area) Scheid Park Sochacki Park (Mary Hills Nature Area) Glenview Terrace/Valley View Park Theodore Wirth Park / Parkway Sochacki Park ValeryRd Major CIR TheodoreWi rthPKWY MajorDr Gre e nview L a Legend La Minna q u a DR D u l u t h ST June Ave N CrestviewAve G o ld e n V a lle y R D W Marie La E Marie La F r o n t enac Ave Mi n naqua D r LegendDr Quail Ave Bonni eLa Kyle Pl NobleDR WasatchL a Merribee Dr France Ave N Ewing Ave N M e r i d i a n D r Ha mpt o n Rd Orchard AveN M arkay Rdg St Croix Cir Spri ngValleyCir Terrace La ScottAveN Golden V all e y R d Sorell Ave WindsorWay WaterfordCT Dona La Dre sden L a MaryHillsDr Spruce Tr Ord w a y Indiana Ave N BridgewaterRD Abbott Ave N Perry Ave N Mc N ai r D r We s t B e n d R d Manor Dr MajorAveN alley McNair DR ParkviewBlvd K e w a n e e W a y MeridianDR SpringValleyRd 26th 1/2 Ave N Dawnview Te r B y r d A v e N Lee Ave N Quail AveN 27th Ave N H i d d e n La k es PK W Y St Croix AVE N 26th Ave N K y l e A veN Toledo A v e N Unity Ave N Bas sett C r e ek Dr Noble Ave N Regent Ave N456766 456766 456766 940'935'820' 915' 920' 850'930'9 10' 925' 905 ' 825' 830 ' 88 5 '840'8 9 0 ' 8 75' 900' 880'895' 835' 8 65' 87 0' 860 ' 855' 845 ' Sweeney Lake Barr Footer: ArcGISPro 3.1, 2023-04-11 12:17 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig1-1 Project Location User: MRQPROJECT LOCATION Main Stem Restoration Feasibility Study BCWMC FIGURE 1-1 0 300 600 Feet !;N Imagery: Hennepin Co. 2021 Bassett Creek 5-Foot Contour Lakes and Ponds Parcel Boundary Park Boundary Project Location 100 55 £¤52 £¤169 £¤12 §¨¦94 §¨¦494 §¨¦394 Ba ss e tt C r e ekPlymouthCreek South B r a n c h B a s s ett CreekNorthBranch B assett Creek Old BassettCreekTunn el M e dicine L a k e63 3 The measures identified for potential implementation consist of the following: o Stream bank grading and vegetation establishment o Removal of trees and invasive vegetation (e.g., buckthorn) o Stabilizing channels that carry parking lot runoff o Installing a variety of stream stabilization measures to reduce erosion, including riprap, root wads and toe wood, coir logs, rock or log j-hook vanes and cross vanes, fascines, and live stakes o Further investigation of degraded pipe outfalls and repairing/replacing outfalls and associated pipes as needed o Identifying opportunities to install small structural BMPs upstream of outfalls o Establishing new vegetation in areas disturbed by construction o Protecting existing utility infrastructure This study identifies 79 unique locations for stabilization, which were grouped into 40 restoration areas within the approximate 7,000-foot assessed reach. The restoration areas are ranked from low to high priority (Table 5-3) depending on the severity of erosion, protection of existing infrastructure, streambank ownership, etc.. Figure 5-1 shows the potential restoration areas, and Table 5-4 details the proposed restoration methods for each area. Water quality improvements resulting from the project range from 54.4 to 82.4 pounds per year of total phosphorus reductions and 109,618 to 164,820 pounds per year of total suspended solids reduction (Section 6). Tree removals also vary by option (Table 1-1). Table 1-1 Total TP and TSS Reductions and Tree Removals Option Description Project Cost Estimate(1,4) Annualized Cost(2) TP Loading TSS Loading Tree Loss(5) Load Reduction (lb/yr) Cost/lb/yr Reduced(3) Load Reduction (lb/yr) Cost/lb/yr Reduced(3) Option 1. High-ranked restoration areas $1,124,000 ($956,000–$1,462,000) $72,000 54.4 $1,323 109,618 $0.66 42 Option 2. High- and medium-ranked restoration areas $1,727,000 ($1,468,000–$2,246,000) $110,000 67.0 $1,642 136,695 $0.80 73 64 4 Option Description Project Cost Estimate(1,4) Annualized Cost(2) TP Loading TSS Loading Tree Loss(5) Load Reduction (lb/yr) Cost/lb/yr Reduced(3) Load Reduction (lb/yr) Cost/lb/yr Reduced(3) Option 3. All proposed restoration areas $2,118,000 ($1,801,000–$2,754,000) $136,000 82.4 $1,650 164,820 $0.83 88 (1) A Class 4 screening-level opinion of probable cost, as defined by the American Association of Cost Engineers International (AACE International), has been prepared for these options. The opinion of probable construction cost provided in this table is based on the Commission Engineer’s experience and qualifications and represents our best judgment as experienced and qualified professionals familiar with the project. The cost opinion is based on project-related information available to the Commission Engineer at this time and includes a conceptual-level design of the project. It includes 20% project contingency and 30% for planning, engineering, design, and construction administration. The lower bound is assumed at -15%, and the upper bound is assumed at +30%. (2) Assumed to be 15% of the total project cost for annual maintenance, plus replacement cost associated with major repairs and the initial project cost distributed evenly over a 30-year project lifespan. (3) Annualized cost divided by estimated annual pollution load reduction. (4) Costs do not include easements or construction access routes (5) Tree loss is defined as the loss of healthy hardwood deciduous trees that are 6 inches or greater in diameter, softwood deciduous trees that are 12 inches or greater in diameter, and coniferous trees that are 4 inches or greater in diameter 1.3 Recommendations The Bassett Creek Main Stem Restoration Project (CIP 2024-CR-M) will provide water quality improvement by: (1) repairing actively eroding sites, and (2) preventing erosion at other sites by installing preemptive measures to protect existing stream banks. Overall, this project will reduce erosion, total suspended solids, and phosphorous loading. The project is consistent with the goals (Section 4.1) and policies (Section 4.2.5) for stream restoration and protection in the 2015-2025 BCWMC Watershed Management Plan. As part of the feasibility study, the Commission Engineer evaluated three restoration options for eroding areas ranked from low to high throughout the creek corridor. If funding allows, we recommend implementing option 3—completing all proposed restoration areas of high, medium, and low priority— but this option comes at a higher cost. Therefore, if a lower-cost project is desired, we recommend implementing (at a minimum) option 1—completing high-priority areas—and completing medium-to- low-ranked areas as the budget allows. Once an option is selected, we recommend that the opinion of cost identified in this study be used to develop a levy request for this project and that it proceed to the design and construction phase. 65 5 2 Background and Objectives The BCWMC 2015 Watershed Management Plan (Plan) addresses restoring stream reaches damaged by erosion or affected by sedimentation (1). Section 3.4 of the BCWMC Plan describes the issue and the benefits of stream restoration, and Section 4.2.5 describes the Commission’s policies related to streambank restoration and stabilization. The Plan’s 10-year Capital Improvement Program (CIP) includes streambank restoration and stabilization projects. This feasibility study follows the protocols developed by the U.S. Army Corps of Engineers (USACE) and the BCWMC for projects included in the 2009 BCWMC Resource Management Plan (RMP) (2) Although this project is not included in the RMP, it is in close proximity and similar to other RMP projects. This study examines the feasibility of restoring sites along the Main Stem of Bassett Creek in Golden Valley from Regent Avenue North to Golden Valley Road (see Figure 2-1). The City of Golden Valley conducts annual creek inventories and determined that this 7,000-foot-long reach of the creek has significant erosion. This project is included in the BCWMC current CIP (2024-CR-M). Restoration of sites along this reach is proposed to be included as a group for design and construction in the BCWMC’s 2024 CIP. 66 ? ???????????? ??????????????????????????????????????? ?????????????????????????????????????? ????????????????????????????????????????????????????????????? ????????????Sweeney Lake Park Sochacki Park (Rice Lake Nature Area) Scheid Park Sochacki Park (Mary Hills Nature Area) Theodore Wirth Park / Parkway Nobel Elementry School Bassett Valley Open Space ValeryRd MajorCIR Bonni e L a Bridgewater R D Hea t hbr ooke C i r Major Dr McNa i r D r Bassett Cree k L a Legend La France Ave N MajorAveN McNair DR ToledoAveN alley Fro n t enac Ave M inna q u a Dr LegendDr Quail Ave Kyle Pl 26th 1/2 Ave N WasatchLa Merribee Dr ScottAveN Hampton Rd Orchard Ave N MarkayRdg Spring Valley Rd 26th Ave N Spring ValleyCir Sorell Ave WindsorWay D uluth S t B y r d A v e N D re s den L a MaryHillsDr HiddenLakesPKWY Spruce Tr Ordway Indiana Ave N PerryAveN Quail Ave N We s t B e n d R d K e w a n e e W a y Kyl e A v e N Lee Ave N Noble Ave N B a ss e tt C re e k D r Regent Ave N Golden Valley Rd 456766 5+00 10+00 15+00 20+00 25+00 30+00 35+00 40+00 45+00 50+00 55+00 60+00 65+00 70+00 0+00 Barr Footer: ArcGISPro 3.1.1, 2023-06-05 15:42 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig2-1 Existing Conditions and Erosion Extents User: MRQEXISTING CONDITIONS AND EROSION EXTENTS Main Stem Restoration Feasibility Study BCWMC FIGURE 2-1 0 350 Feet !;N Imagery: NearMap May 2022 Project Stationing Legacy Trees Significant Trees Bassett Creek Existing Bank Stabilization Bike and/or Pedestrian Trail System Private Parcel Public Parcel Easement Near Bank Stress Rating (NBS) Extreme Very High High Moderate Low Very Low Bank Erosion Hazard Index (BEHI) Very High High Moderate Utilities ?Gravity Storm Sewer Sanitary Main 67 7 2.1 Goals and Objectives The objective of this study is to review the feasibility of implementing measures to protect and improve Bassett Creek, including stabilizing eroding stream banks and re-establishing desirable vegetation on this reach of Bassett Creek and to provide conceptual designs and opinions of costs of measures that could potentially be used at each of the selected erosion sites. 2.1.1 Scope The City of Golden Valley conducts an annual creek inventory, which identified significant erosion in the 7,000-foot reach between Regent Avenue and Golden Valley Road. The eroded reach is scheduled to be repaired in the winter of 2024-2025 as part of the BCWMC CIP (2024-CR-M). Prior to the BCWMC holding a hearing and ordering a CIP project, a feasibility study must be completed. The purpose of this work is to complete a feasibility study to identify potential stream restoration concepts along the reach. The first major component of the feasibility study was to complete field investigations to evaluate and prioritize unstable segments of the creek within the 7,000-foot reach. The Commission Engineer conducted field investigations in the Fall of 2022, including a creek walk, tree survey, and drone flight. During the same time frame, we also performed desktop analyses that included wetland delineations, cultural and historical assessments, and environmental review. The Commission Engineer utilized data gathered from the field and desktop analyses to develop concept stream restoration options. This report presents the options, including an evaluation of erosion prevention; the advantages and disadvantages of each option; cost estimates; life expectancy analysis; pollutant removals and annualized pollutant reduction cost estimates; and permitting requirements. 2.1.2 Stream Stabilization The goals of the stream stabilization project include the following: • Reducing sediment loading and associated nutrient and contaminant loading to Bassett Creek and improving downstream water quality by stabilizing eroding banks • Preserving natural features along Bassett Creek and contributing to natural habitat quality and species diversity by planting native vegetation in eroded areas and areas disturbed by project construction activities • Preventing future channel erosion along the creek and subsequent degradation of water quality downstream by establishing a stable channel cross section and profile 2.1.3 Considerations • Avoid floodplain impacts; several residences are located near the creek, so it is critical that the proposed project does not increase flood elevations that impact these properties. • Maintain existing floodplain storage by ensuring that project features do not increase flood elevations. 68 8 • Seek opportunities to enhance vegetation and habitat within the reach, including in riparian areas adjacent to stream bank restoration areas. • Utilize soft armoring (bioengineering) techniques as much as possible and where feasible. • Protect adjacent utilities (sanitary and storm) and infrastructure (streets, trails, bridges). • Minimizing tree removals 2.2 Background 2.2.1 Reach Description This reach of the Bassett Creek Main Stem (Figure 2-1) extends approximately 7,000 feet from Regent Avenue North to Golden Valley Road. The reach flows through a combination of privately owned properties and publicly owned properties, including portions of land owned by Golden Valley, and operated in partnership with Three Rivers Park District (TRPD) through the Sochacki Park Joint Powers Agreement. Land use immediately adjacent to most of the reach is residential. The Commission Engineer and Golden Valley staff walked the reach in October 2022 and identified 40 eroding segments. The total length of the streambank identified for restoration and stabilization is approximately 3,975 feet on the right bank (looking downstream) and 3,395 feet on the left bank (looking downstream). Photos of each of the erosion sites are found in Appendix A. The Commission Engineer selected the restoration areas based on those deemed to be the most critical for meeting the BCWMC goals and objectives while providing a cost-effective benefit. Stream bank erosion is a natural process that occurs at some rate on all stream channels. However, the natural erosion rate can be accelerated by local and regional changes in land use and hydrology. The bank erosion and bank failures present throughout the project area appear to be caused by a combination of natural stream erosion processes, problems associated with changing watershed hydrology, direct historical impacts on the stream channel, and effects of riparian land use. The sediment load from the erosion and scour increases phosphorus loads to downstream water bodies, decreases the clarity of water in the stream, destroys aquatic habitats, increases sedimentation in downstream wetlands and lagoons in Theodore Wirth Park, and reduces the flow capacity of the channel. Stable stream channels are often said to be in a state of “dynamic equilibrium” with their watersheds, adjusting to changes in the watershed hydrology. It may take many years or decades for a stream to fully adjust to a rapid change in watershed hydrology. The use of stormwater best management practices (BMPs) helps reduce the impact of development projects on streams. Nonetheless, development and land-use alterations fundamentally change the hydrology of the watershed. These changes to hydrology often include increased magnitude and frequency of high-flow events, which subsequently increase erosion rates. 69 9 3 Site Characteristics 3.1 Bassett Creek Watershed The watershed area tributary to this reach of Bassett Creek is approximately 20,400 acres and includes about 80% of Bassett Creek watershed. The upstream watershed drains all or portions of Crystal, Golden Valley, Medicine Lake, Minnetonka, New Hope, Plymouth, Robbinsdale, and St. Louis Park. Existing land use includes approximately forty-five percent single-family residential; sixteen percent commercial/industrial; thirteen percent parks and recreation; six percent undeveloped land, six percent open water; five percent institutional; and highway over the remaining land area (Figure 3-1). 70 Project Area Barr Footer: ArcGISPro 3.1, 2023-03-23 09:07 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig2 Bassett Creek Main Stem Watershed Land Use User: MRQBASSETT CREEK MAIN STEM WATERSHED LAND USE Main Stem Restoration Feasibility Study BCWMC FIGURE 3-1 0 4,000 Feet !;N Project Area Contributing Drainage Area Metropolitan Council 2016 Generalized Land Use Farmstead Seasonal/Vacation Single Family Detached Manufactured Housing Park Single Family Attached Multifamily Retail and Other Commercial Office Mixed Use Residential Mixed Use Industrial Mixed Use Commercial and Other Industrial and Utility Institutional Park, Recreational or Preserve Golf Course Major Highway Railway Airport Agricultural Undeveloped Water Project Area 71 11 3.2 Stream Characteristics This entire project reach of the Bassett Creek Main Stem (Figure 2-1) extends for approximately 7,000 feet from Regent Avenue North to Golden Valley Road. The stream is relatively shallow in most places except for occasional deep pools. The riparian vegetation in this reach varies depending on adjacent land use. Most of the reach is adjacent to the backyards of private residential properties. In residential areas, there can be turf grass or woods to the top of the bank. The reach adjacent to Sochacki Park is primarily unmanaged woody vegetation. The project area also includes multiple pedestrian and street bridge crossings. The Commission Engineer walked the entire project reach with Golden Valley staff to further investigate the scale and severity of the erosion problems for this feasibility study. Throughout the field investigation, the Commission Engineer photographed and assessed erosion using the Bank Erosion Hazard Erosion Index (BEHI) method (3), which estimates a streambank’s susceptibility to erosion through evaluation of multiple elements, including bank height, bank angle, root depth and density, surface vegetation, and soil type. The Commission Engineer also utilized drone technology to capture the erosion along the creek reach. In addition to a site walk and drone flight, the Commission Engineer completed a desktop evaluation of Near-Bank Stress (NBS) (3) along the reach, focusing on the Level II method, which evaluates the stream’s radius of curvature in relation to the estimated channel bankfull width. 3.3 Site Access and Easements Access to most of the restoration areas will require coordination with private property owners since most of the sites are adjacent to private residential properties with minimal easements. Outreach to and coordination with landowners regarding temporary site access easements will occur during project design, primarily by City of Golden Valley staff. The required number of construction access points will depend on the final areas selected for restoration and easements granted by landowners. Also, permanent easements may need to be acquired in areas where the proposed restoration includes work on private land. Table 3-1 summarizes the property ownership for the creek bank within 10 feet of the creek’s waterline within the entire 7,000 linear foot reach of stream. Table 6-2 shows the restoration options and associated property ownership and easement lengths for each option. The BCWMC Engineer assumed no cost to the City for obtaining the required easements. 72 12 Table 3-1 Property Ownership Summary of Creek Bank Within Ten Feet of Waterline1 Parcel Type Length of Left Bank (feet) Left Bank as Percent of Total Left Bank Length of Right Bank (feet) Right Bank as Percent of Total Right Bank Public 1,039 14% 737 11% Public with Easement2 1,792 25% 1,965 28% Private 1,935 27% 2,729 39% Private with Easement3 2,397 33% 1,527 22% 1 Due to the stream’s sinuosity, the total of each bank length does not equal the stream centerline length of 7,000 linear feet 2 Public easement (utility or other) on publicly owned property 3 Public easement (utility or other) on privately owned property 3.4 Wetlands The Commission Engineer completed a Level 1 desktop wetland assessment for the project area in October 2022. The Level 1 review was completed for a 50-foot buffer from the Bassett Creek channel. The review included an assessment of multiple years of aerial imagery in addition to hydric soil indicators from the Natural Resources Conservation Service (NRCS) Web Soil Survey, LiDAR topography data, United States Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI), and the Minnesota Department of Natural Resources (MnDNR) Public Water Inventory (PWI) (Figure 3-2). 73 ValeryRd MajorCIRBonni e L a Bridgewater R D Hea t h b r ooke C i r Major DrMcNa i r D r Bassett C r e e k L a Legend La LeeAve N France Ave N MajorAveN McNair DR Legend Dr ToledoAveN alley Fron t enac Ave M innaqu a Dr Hampton Rd LegendDr Quail Ave Kyle Pl 26th 1/2 Ave N GoldenValleyRd WasatchLa Merribee Dr ScottAveN Hampton Rd Orchard Ave NMarkayRdg Spring Valley Rd 26th Ave N Spring ValleyCir Sorell Ave WindsorWay Dulu th S t B y r d A v e N Perry Ave NDre s den L a Mary HillsDr HiddenLakesPKWY Hidden LakesPKWY Spruce TrOrdway Indiana Ave N PerryAveNMajor Dr QuailAve N Wes t B e n d R d Bassett Creek D r K e w a n e e W a yKyl e A v e N Lee Ave N Noble Ave NB a s s e tt C r e e k D r Regent Ave N Golden Valley Rd 456766 5+00 10+00 15+00 20+00 25+00 30+00 35+00 40+00 45+00 50+00 55+00 60+00 65+00 70+00 0+00 Barr Footer: ArcGISPro 3.1, 2023-03-23 09:07 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig3 Hydric Soils and Wetlands User: MRQHYDRIC SOILS AND WETL ANDS Main Stem Restoration Feasibility Study BCWMC FIGURE 3-2 0 350 Feet !;N Project Stationing Bassett Creek Erosion (from Golden Valley City Staff) Wetlands (National Wetlands Inventory) Freshwater Emergent Wetland Freshwater Forested Wetland Freshwater Pond Freshwater Shrub Wetland Lake Riverine Hydric Soil Rating Non-Hydric (0%) Predominantely Non- Hydric (1-32%) Predominantely Hydirc (66-99%) Hydric (100%) Imagery: NearMap May 2022 74 14 According to the NRCS webs soil survey, the soils within the project area are classified as Suckercreek fine sandy loam and Urban land-Lester complex. The Suckercreek fine sandy loam soils are predominantly hydric soils (4). The USFWS NWI identified a large wetland complex located on the northeastern side of the wetland area. The NWI wetland is classified as a floodplain forest (PFO1A). In addition, this segment of Bassett Creek is classified as a Public Watercourse by the MnDNR (PWI 27032a). The nearest public water basin is located 0.07 miles downstream from the project area in Theodore Wirth Park, P-2706500. The Level 1 review identified 9.75 acres of aquatic resources within the project area (Table 3-2). This includes 4.64 acres of Bassett Creek and approximately 5.06 acres of floodplain forest. Two shallow marsh wetlands were identified around the creek channel that appear to have been disconnected oxbows. A field wetland delineation would be required to confirm these wetland boundaries. The field wetland delineation would need to be completed according to the USACE 1987 Wetland Delineation Manual, the Regional Supplement to the USACE Wetland Delineation Manual, and the requirements of the Minnesota Wetland Conservation Act (WCA) of 1991. Table 3-2 Summary of Desktop Delineated Wetlands Plant Community Cowardin Classification Acres Riverine R2UBH 4.64 Floodplain Forest PFO1A 5.06 Shallow Marsh PEMCH 0.005 Total 9.75 3.5 Cultural and Historical Resources The Commission Engineer completed a cultural resources literature review of the project area and within a 1-mile buffer in October 2022. The literature review was directed toward identifying previously recorded archaeological sites, historic structures, and other cultural resources. The Commission Engineer requested data from the Minnesota State Historic Preservation Office (SHPO) to identify previously recorded archaeological sites and historic structures located within one mile of the project area. We also reviewed the Minnesota Office of the State Archaeologist (OSA) Portal for archaeological sites (Figure 3-3). 75 !. !. !. !. " " ! #ValeryRd MajorCIRBonni e L a Bridgewater R D Hea t h b r ooke C i r Major DrMcNa i r D r Bassett Cree k L a Legend La LeeAve N France Ave N MajorAveN McNair DR Legend Dr ToledoAveN alley Fron t enac Ave M innaqu a Dr Hampton Rd LegendDr Quail Ave Kyle Pl 26th 1/2 Ave N GoldenValleyRd WasatchLa Merribee Dr ScottAveN Hampton Rd Orchard Ave NMarkayRdg Spring Valley Rd 26th Ave N Spring ValleyCir Sorell Ave WindsorWay D ulu th S t Byrd Ave NPerry Ave NDre s den L a Mary HillsDr HiddenLakesPKWY Hidden LakesPKWY Spruce TrOrdway Indiana Ave N PerryAveNMajor Dr QuailAve N Wes t B e n d R d Bassett C r e e k D r K e w a n e e W a y Kyl e A v e N Lee Ave N Noble Ave NB a s s e tt C r e e k D r Regent Ave N Golden Valley Rd 456766 5+00 10+00 15+00 20+00 25+00 30+00 35+00 40+00 45+00 50+00 55+00 60+00 65+00 70+00 0+00 HE-GVC-388 HE-RBC-1476 HE-GVC-381 HE-GVC-382HE-GVC-383 HE-GVC-384 HE-RBC-1011 21HE0290 Barr Footer: ArcGISPro 3.1, 2023-03-23 09:07 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig4 Cultural, Historical, and Enviro Review User: MRQCULTURAL, HISTORICAL, AND ENVIRONMENTAL REVIEW OF PROJECT AREA Main Stem Restoration Feasibility Study BCWMC FIGURE 3-3 0 350 Feet !;N Project Stationing Bassett Creek Erosion (from Golden Valley City Staff) Archaological Site Historical Site What's in my Neighborhood (MPCA) !.Multiple Programs "Hazardous Waste !Investigation and Cleanup #Tanks Imagery: NearMap May 2022 76 16 Data provided by the Minnesota SHPO indicates that within one mile of the project area, 388 historic architectural resources have been documented. These consist primarily of houses but also include several schools, churches, bridges, apartment buildings, and various commercial and industrial buildings. The OSA Portal, as well as data from the Minnesota SHPO, identified three previously recorded archaeological sites within one mile of the project area; each is pre-contact (pre-European settlement) in nature. Two of the previously recorded cultural resources appear to be within or directly adjacent to the project area. Archaeological Site 21HE0290 consists of a pre-contact projectile point recovered in 1989 from Bassett Creek, behind the house at 3830 Bassett Creek Drive. The site is located in an area of bank erosion within the project area. The site has not been evaluated for National Register of Historic Places (NRHP) eligibility. Historic architectural resources HE-RBC-1476 is located directly adjacent to the project area. It consists of a house at 3145 Grimes Avenue North. An NRHP finding has not been determined for this property. The project area does not appear to have been previously surveyed for archaeological resources. If the project constitutes an undertaking subject to Section 106 of the National Historic Preservation Act, additional work to identify significant cultural resources may be required. In other words, if the project includes federal involvement (e.g., funding or permitting), then a federal agency may require an archaeological survey. Because the project will include some level of federal review and/or permitting, the Commission Engineer recommends conducting an archaeological survey. 3.6 Environmental Review As part of our desktop environmental review, the Commission Engineer reviewed historical imagery and Minnesota Pollution Control Agency’s (MPCA’s) What’s In My Neighborhood database (Figure 3-3). Historical aerial imagery shows the surrounding area as primarily residential. Prior to residential use, the area was undeveloped. Historical aerial images were reviewed from as early as 1937. Sochacki Park, located approximately 750 feet north of the creek, is built on a former landfill containing building demolition debris. Based on a review of historical aerial images, there are no indications of dumping or landfill activity within the project area. A review of MPCA’s What’s In My Neighborhood database identified five historical leak sites that are located near Bassett Creek: • The Stone Residence leaking underground storage unit (LUST) (LS0009538) is located approximately 230 feet east of the creek. An unknown volume of fuel oil was released in July 1996, and the site was closed in August 1996. According to the WIMN database, no groundwater contamination occurred as a result of this leak. Gravity storm sewers serving the neighborhood outfall to Bassett Creek; however, based on the age of the release, the lack of groundwater contamination, and the closure status, it is unlikely contamination from this release will impact the creek. • The Noble Elementary School LUST (LS0021641) is located approximately 560 feet north of the creek. An unknown volume of fuel oil was released and reported in November 2021. A soil gas 77 17 investigation was performed in August 2022. The WIMN database does not specify whether groundwater contamination is present at this Site. Gravity storm sewers along the Noble Avenue outfall to Bassett Creek could provide a conduit to the creek. Based on the distance from the creek, it is unlikely contamination from this fuel oil release will impact the creek unless it is via the storm sewer. A file request is warranted to identify the exact location of the leak and evaluate the potential for contamination in the storm sewer. The leak site was closed on March 2, 2023; however, the site was referred to the MPCA’s Site Assessment Program due to the presence of non-petroleum contamination. Based on the unknown source, nature, and extent of the non- petroleum contamination, the potential exists for non-petroleum impacts at or near the creek. • The Hidden Lakes LUST (LS0010894), Courage Center LUST (LS0019181), and Minneapolis Clinic of Neurology LUST (LS0006029) are located between 600 – 1,200 feet southwest of Bassett Creek. An unknown volume of fuel oil was released at each site between December 1992 and July 2013. Groundwater contamination was identified in connection to the Minneapolis Clinic of Neurology LUST but not the Hidden Lakes or Courage Center LUSTs. The sites were closed in January 1997 (Minneapolis Clinic of Neurology), June 1998 (Hidden Lakes), and August 2013 (Courage Center). Storm sewers serving the area do not outfall to Bassett Creek. Based on the age of the releases, distance to the creek, and closure status, it is unlikely contamination from these releases will impact the creek. 3.7 Threatened and Endangered Species Review The Commission Engineer completed a desktop review for federal and state-listed species and associated habitats that may be found in the project area to evaluate potential impacts on listed species. The federal government protects federally listed species under the Endangered Species Act and requires consideration of the impacts on these species for projects involving federal permits. State-listed species are protected under Minnesota’s Endangered and Threatened Species Law, and the impacts on these species must be considered for state-level permitting requirements. We completed the desktop review in October 2022 using a combination of data available from the USFWS and the MnDNR, as further described below. Federal Listed Species The Commission Engineer queried the USFWS Information, Planning, and Conservation System (IpaC) website to identify federally listed species that may occur within the project area. The IpaC identified one federally listed species and one candidate species potentially occurring in the project area: the northern long-eared bat (Myotis septentrionalis) and the monarch butterfly (Danaus plexippus) (5). The northern long-eared bat is currently listed as an endangered species. The monarch butterfly is listed as a candidate species and is not legally protected under the Endangered Species Act. No avoidance or minimization measure would be required for the monarch butterfly. No designated critical habitat for any federally listed species is located within the project area. 78 18 The northern long-eared bat hibernates in caves during the winter and utilizes forested areas for roosting and foraging during the bat’s active season of April through September. Suitable roost trees for this species have trunks measuring greater than 3 inches in diameter at breast height with loose, peeling bark or crevices. The concept plans for this project propose removing less than ten trees exceeding 3 inches in diameter at breast height (6). According to data provided by the MnDNR, there are no known occupied roost trees or hibernacula located within the project area. The nearest known hibernacula are located over 14 miles southeast of the project area. However, because the project occurs within the range of the northern long-eared bat and will require tree removal, impacts on the northern long-eared bat cannot be completely discounted. To avoid direct impacts on the northern long-eared bat, it is recommended that tree removal occurs during the inactive period (October 15 – early April). Consultation with USFWS would be required If tree removal were to occur during the northern long-eared bat’s active season (mid-April – October 14). State Listed Species Through a license agreement (LA-898) with the MnDNR for access to the Natural Heritage Information System (NHIS) database, the Commission Engineer queried the NHIS database in October 2022 to determine if any rare species could potentially be affected by the proposed project. The NHIS review identified one state-listed threatened species as occurring within one mile of the project area, the Blanding’s turtle (Emydoidea blandingii). The Blanding’s turtle habitat includes shallow, slow-moving waters with abundant vegetation such as grassy marsh, mesic prairies, slow-moving rivers, and shallow lakes and ponds. Adult turtles prefer shallow water during the active season and prefer deeper water, at least 3 feet deep, for overwintering. Nesting occurs in open areas with sandy soils within 900 feet of a wetland or waterbody (7). The main stem of Bassett Creek may provide suitable summer habitat for the Blanding’s turtle. However, it is unlikely for the turtle to utilize the stream as overwintering habitat since it is generally less than 3 feet deep during the winter months. The project area is located in a wooded plant community that would not be considered suitable nesting habitat for the Blanding’s turtle. It is unlikely for the project to adversely impact the Blanding’s turtle; therefore, no minimization measures are proposed. The Blanding’s turtle flyer should be distributed to all contractors working on site (Appendix B). Additional Sensitive Resources According to GIS data obtained from the MnDNR, there are no Minnesota County Biological Survey (MCBS) Sites located within one mile of the proposed project site. Additionally, no state-owned wildlife management areas (WMA), Scientific Natural Areas (SNA), or native plant communities are present within one mile of the proposed project area. 3.8 Tree Survey The Commission Engineer conducted a tree survey under leaf-off conditions in November of 2022. A Minnesota state-licensed landscape architect with extensive tree identification and survey experience collected tree location, species, general health, and diameter (at approximately 4.5’ from the ground) data for trees greater than four inches in diameter within the survey limits. The survey area included a 40’ 79 19 buffer on either side of the stream centerline, additional proposed grading areas beyond the 40’ centerline, and construction access routes. Based on the survey data collected, trees were classified in accordance with the City of Golden Valley tree ordinance (8). See Table 3-3 for a breakdown of tree classification by the ordinance definitions within the survey limits. The survey showed that approximately 25% of the trees 4” and greater in diameter in the survey area are box elder, 13% are buckthorn, 12% are ash, and approximately 10% are silver maple. The remaining 14% consist of species such as basswood, aspen, ironwood, hackberry, red maple, mulberry, oak, spruce, and willow. See Table 3-4 for full species count survey results. The Commission Engineer observed during the tree survey that a larger percentage of trees under 4” in diameter that were not recorded were buckthorn. Section 6.4.1 discusses the anticipated tree impacts from the proposed project. Table 3-3 Summary of Tree Survey with City of Golden Valley Tree Definitions Table 3-4 Summary of Tree Survey by Species Tree Species Count Species Percent of Total Survey Apple/Spp. 16 1.2% Ash/Black 4 0.3% Ash/Green 154 11.6% Ash/White 5 0.4% Basswood/American 89 6.7% Birch/Paper 2 0.2% Birch/River 18 1.4% Box Elder 331 25.0% Buckeye 8 0.6% Buckthorn 175 13.2% Burning Bush 1 0.1% Canada Plum 1 0.1% Catalpa 1 0.1% Cedar/White 2 0.2% Cherry/Black 2 0.2% Cherry/Spp. 16 1.2% Cottonwood 57 4.3% Tree Type Count Significant Tree Count Legacy Tree Count Hardwood Deciduous 196 6” ≤ Diameter < 30” 295 Diameter ≥ 30” 1 Softwood Deciduous 453 Diameter ≥ 12” 381 – – Coniferous – 4” ≤ Diameter < 24” 13 Diameter ≥ 24” – 80 20 Tree Species Count Species Percent of Total Survey Elm/American 95 7.2% Elm/Siberian 32 2.4% Hackberry 50 3.8% Honey Locust 1 0.1% Honeysuckle/Tatarian 1 0.1% Ironwood 34 2.6% Kentucky Coffeetree 1 0.1% Maple/Amur 1 0.1% Maple/Red 11 0.8% Maple/Silver 135 10.2% Maple/Sugar 2 0.2% Mulberry 24 1.8% Oak/Bur 11 0.8% Oak/Pin 7 0.5% Oak/Swamp White 1 0.1% Oak/White 1 0.1% Pine/Austrian 2 0.2% Spruce/Sp. 3 0.2% Spruce/Black 6 0.5% Walnut/Black 18 1.4% Willow/Black 8 0.6% Total 1,326 100% 3.9 Drone Flight The Commission Engineer collected aerial imagery and videos using a drone (DJI Phantom 4 Pro v.2) and Litchi software in accordance with Federal Aviation Administration (FAA) rules and regulations. Videos largely followed the creek’s thalweg (main flow path) with short flights to get closer to areas of interest when trees/vegetation prohibited view or access. Golden Valley staff obtained permission from property owners prior to accessing their property for take-off, landing, and flight navigation/line-of-sight needs. 3.10 Topography and Utilities An important consideration for stream restoration is the existing topography and proximity to utilities. The topography we used for this feasibility study was LiDAR from 2011, while utility information was provided by the City of Golden Valley. Utilities reviewed as part of this feasibility study include storm sewer, sanitary sewer, water main, and utility towers. Information about private utilities would need to be obtained and considered during the design phase. 81 21 4 Stakeholder and Public Engagement 4.1 Project Kickoff Meeting with BCWMC Staff and City of Golden Valley Representatives A virtual project kickoff meeting with BCWMC (administrator, the Commission Engineer), TRPD staff, and City of Golden Valley staff occurred on September 30, 2022. At this meeting, we reviewed the project scope and schedule, reviewed key tasks, and identified data needs. Discussions also included preferences regarding preliminary stream stabilization and water quality improvement concepts. 4.2 Technical Stakeholder / Agency Meeting A technical stakeholder meeting was held virtually on December 5, 2022. Attendees included representatives from the City of Golden Valley, BCWMC (administrator), TRPD, USACE, MPCA, Metropolitan Council (METC), and MnDNR. The attendees reviewed the restoration techniques and design concepts for the Bassett Creek Main Stem project and provided technical and permitting feedback. Items discussed included: • Review of the project schedule and meeting objectives. • Review of the erosion sites and other creek deficiencies. • Review of water quality issues. • Review and discussion of the design concepts. • Discussion of permit requirements for potential wetland and stream impacts. • Discussion of potential habitat improvements. • Discussion of threatened and endangered species. The meeting provided an opportunity to review the project site and discuss options, considering ideal restoration scenarios and practical aspects of maintenance and construction. The MnDNR and USACE encouraged the incorporation of a variety of different restoration methods throughout the reach; they also encouraged holding a virtual preliminary review meeting with the agencies (with “screen shares”) to discuss construction plans before they are officially submitted for permits. Additional specific outcomes of the discussion are incorporated into the appropriate sections below. 4.3 Public Stakeholder Input-Gathering 4.3.1 Virtual Story Map and Online Survey with Residents The Commission Engineer worked with Golden Valley staff to develop a virtual story map (Link: Bassett Creek Restoration Project Story Map) highlighting the project investigation and restoration concepts; the story map was posted on the Golden Valley website on November 16, 2022. The story map includes a map highlighting the project area, photos of eroding portions of the creek, descriptions of erosion, and descriptions and example photos of stabilization measures. 82 22 The story map also included a survey and interactive map, allowing the public to respond to a series of questions related to their interactions with the creek, as well as their values and concerns related to the proposed project. Fifteen individuals responded to the survey; responses included comments related to maintaining and enhancing wildlife habitat as well as the creek’s beauty and scenery. Project-related concerns included the potential for tree removal, property damage, flood risk, utility impacts, and the ability to provide input during the design process. A summary of comments and responses is included in Appendix C. 4.3.2 Open House A public open house was held at Golden Valley’s Brookview Community Center on March 1, 2023; 30 members of the public attended the meeting. During the meeting, preliminary design concepts were presented to local residents and users of Bassett Creek, as seen in Appendix C. Attendees asked questions and shared observations about the creek. Attendees voiced support for the project and offered varying opinions on restoration concepts; some prefer the look and functionality of riprap, while others prefer bioengineering techniques that incorporate habitat benefits. Other discussion topics included tree removal, site access, utility protection, and project costs. 4.3.3 Virtual Meeting with Dakota Community Members The feasibility study proposed holding one meeting with Dakota Community members. As of June 2023, the meeting was not held, but Golden Valley and BCWMC staff have reached out to members of the Dakota Community, and intend to hold a meeting prior to final design. 83 23 5 Potential Improvements 5.1 Description of Potential Improvements As described in Section 1.2, the project along the 2024 Bassett Creek Main Stem Restoration reach would consist of a variety of stream stabilization measures to address erosion problems. Figure 2-1 shows the identified potential stream restoration areas, and Table 5-1 lists the potential stream stabilization measures for each area. There are several stream restoration techniques that can be used, although not all of them would be practicable or applicable to the stream erosion problems on Bassett Creek. The techniques discussed below and included in the conceptual design are among commonly used techniques. Those included in the concept design were selected for their functionality and the expectation that most contractors have had experience with the installation of the technique. The final design will determine the most appropriate measures to use at each individual site to meet the objectives of all parties involved. The final design could include techniques not included in these concept designs. 5.1.1 Hard Armoring and Bioengineering Stream Stabilization Techniques Techniques for stream stabilization generally fall into two categories: hard armoring and bioengineering (also known as soft armoring). Hard armoring techniques include the use of engineered materials such as stone (riprap or boulders), gabions, and concrete to stabilize slopes and prevent erosion. Bioengineering techniques employ biological and ecological concepts to control erosion, using vegetation or a combination of vegetation and construction materials, including logs and boulders. Techniques that do not use vegetative material but are intended to achieve stabilization of natural flow patterns and create in-stream habitat, such as boulder or log vanes, are generally included under the umbrella of bioengineering. Hard armoring and bioengineering techniques present different challenges, costs, and benefits for stream stabilization design. Hard armoring methods are viewed as standard and time-tested and typically have a longer life span due to the permanence of the materials used. Hard armoring is usually effective in preventing erosion where it is installed; however, placement must consider downstream impacts, understanding that the armoring may push the erosive stresses downstream. Hard armoring typically requires little maintenance; however, if the armoring fails, maintenance or replacement can be expensive, particularly if the armoring materials need to be removed from the site. Bioengineering techniques maintain more of a stream’s natural function and provide better habitat and a more natural appearance than hard armoring. With bioengineering, if vegetation is well-established, this approach can also be self-maintaining. Due to the biodegradation of construction materials and variable vegetation establishment success, it is typically assumed that bioengineering installations have a shorter life span and may need more frequent (if less expensive) maintenance, particularly as the vegetation is becoming established. Compared to hard armoring, the success of bioengineering techniques is more dependent on the skill of the designer and installer and the unique site and stream characteristics— sometimes making bioengineering construction more expensive. In some instances, bioengineering is not appropriate due to anticipated high velocities, proximity to infrastructure, and/or site conditions that are not conducive to vegetation establishment. 84 24 Technical stakeholders for this feasibility study, including the USACE, expressed a preference for bioengineering over hard armoring for stream stabilization where possible. In addition, the current BCWMC Watershed Management Plan (see Section 4.2.5 of Reference (1) states: “recognizing their benefits to biodiversity and more natural appearance, the BCWMC will strive to implement stream and streambank restoration and stabilization projects that use soft armoring techniques (e.g., plants, logs, vegetative mats) as much as possible and wherever feasible.” The BCWMC also recognizes that in some cases, soft armoring techniques can require significant tree removal, which can have negative consequences, depending on the type and condition of trees in the project area. Therefore, the BCWMC seeks to balance soft armoring with preserving desirable tree species. 5.1.2 Stream Stabilization Techniques Evaluated We evaluated several techniques for stabilizing the streams within the project area. J-hook vanes or boulder cross vanes could be used to stabilize the channel bed and introduce flow variability and an improved riffle/pool sequence. The use of grading, root wads, toe wood, fascines, coir logs, and the establishment of vegetation on eroding banks will stabilize these areas from further sediment loss and improve habitat within the pools that have become overly shallow. The deeper pools will improve habitat, especially during winter months. Vegetation establishment in the stream banks will include enhanced buffers with native vegetation that have deeper roots to reduce erosion and improve riparian habitat. Table 5-1 summarizes the stream stabilization techniques evaluated for this feasibility study. Additional stabilization techniques may be reviewed and implemented as part of the design phase. Table 5-1 Potential Stream Stabilization Measures Design Element Purpose Ecological Benefit J-hook Vanes Logs and/or boulders installed in the stream bed to route flows away from outer banks and toward the center of the channel Scour pools develop downstream of the low end of the vane near the center of the channel, while sediment and debris build up near the high end of the vane, protecting the bank and providing habitat diversity for aquatic species. Cross Vanes Boulders buried in the stream bed and extending entirely across the stream (“cross vanes”) to achieve one or more of the following goals: re-direct flows away from banks, encourage sediment deposition in selected areas, and control stream bed elevations Scour pools develop over time downstream of the center of the vane, which provide habitat diversity for species that prefer pools to faster flowing in-channel habitat. 85 25 Design Element Purpose Ecological Benefit Root Wads Tree trunks with the root ball attached, installed either singly (root wads) or in conjunction with additional large woody debris and/or riprap to increase bank roughness and resistance to erosion, re-direct flows away from banks, and provide a bench for the establishment of riparian vegetation Creates undercut/overhanging bank habitat features VRSS/Toe Wood Bank Stabilization Soil lifts created with a combination of root wads and long-lasting, biodegradable fabric and vegetated to stabilize steep slopes and encourage the establishment of root systems for further stabilization Creates undercut/overhanging bank habitat features and vegetated floodplain bench/riparian habitat Riprap Toe with Bank Grading and Vegetation Establishment Riprap placed along the toe of the streambank prevents undermining of the bank. Vegetating the bank provides surface protection while establishing root systems, and grading to a flatter slope makes the streambank less susceptible to erosion. Vegetation placed above the riprap enhances riparian habitat and provides shading of the creek. Vegetated Riprap Vegetated riprap incorporates habitat enhancement with hard armoring to stabilize steep slopes. Creates vegetated riparian habitat and enhances biological connectivity between the channel and riparian area. 86 26 Design Element Purpose Ecological Benefit Fascines and Coir Logs Fascines and coir logs can be placed along the toe of a stream bank in low-velocity areas to help establish vegetation and associated rooting systems to stabilize the stream bank. Creates vegetated riparian habitat and adds roughness to dissipate energy at the toe of the slope. Vegetated Buffer Established along a stream bank or overbank area to stabilize bare soils and increase resistance to fluvial erosion Using trees, shrubs, and a seed mix of grass and forbs provides a diverse array of vegetation strata and habitat types. Allows for more naturalized aesthetics, with emphasis on native species. 5.2 Concepts Evaluated Three design alternatives were presented at a public open house on March 1, 2023 (Table 5-2). Table 5-2 Open House Concept Alternatives Summary Alternative Description Alternative 1—In-Stream Structures Stream stabilization using primarily in-channel structures with minimal grading, riprap, and vegetation establishment. Alternative 1 prioritizes minimal land disturbance and tree removal. Alternative 2—Toe Stabilization with Bioengineering Methods Stream stabilization using bioengineering techniques with minimal in-stream structures and riprap; it also includes moderate grading and vegetation establishment. Alternative 2 differs from Alternative 1 with additional overbank grading and few in-stream structures. Alternative 3—Bank Grading with Riprap and Vegetation Establishment Stream stabilization using bank grading, riprap, and vegetation establishment with minimal in-stream structures and bioengineering. Alternative 3 differs from Alternative 2 and 1 with more land disturbance, fewer in-stream structures, less bioengineering, and more hard armoring. Further details of each alternative and other materials used at the public open house are presented in Appendix C. 87 27 Utilizing feedback obtained from residents during the open house, the Commission Engineer developed a recommended restoration concept that incorporates elements of all three alternatives. Recommended restoration measures along the reach include in-stream structures, toe stabilization, bioengineering methods, bank grading, riprap, and vegetation establishment. The recommended restoration concept includes 79 unique stabilization locations to address varying erosion concerns, including bank sloughing, toe erosion, streambank undercutting, tributary erosion, and scour associated with existing infrastructure. Each individual proposed stream repair reach varies from 50 to 300 feet in length. The individual proposed repair segments were grouped together into 40 restoration areas shown in Figure 5-1 through Figure 5-4. Restoration areas are made of multiple individual stream stabilization locations that are grouped together based on proximity and methods of stabilization. To better organize the various stream restoration areas, they are labeled based on one of four broader reaches: • Reach 1 is from Regent Avenue North to Noble Avenue • Reach 2 is from Noble Avenue to the intersection of Bassett Creek Drive and Legend Drive • Reach 3 is from the intersection of Bassett Creek Drive and Legend Drive to stream station 56+00 (southeast of the intersection of Dresden Lane and Bassett Creek Drive) • Reach 4 is from stream station 56+00 to Golden Valley Road. The recommended restoration concept would result in approximately 7,370 linear feet of bank stabilization, which includes approximately 3,395 feet of stabilization on the left bank (looking downstream) and 3,975 feet of stabilization on the right bank (looking downstream). 88 ??? ???????????????????????????????Bassett Valley Open Space 1a. Right bank and left bank stabilization with j hooks (Sta. 0+00 to 2+50) 1b. Right bank stabilization with vegetated riprap toe and j hooks (Sta. 2+40 to 5-20) 1c. Right bank stabilization with toe wood, j hooks and fascines (Sta. 5+20 to 9+25) 1d. Right and left bank stabilization with toe wood and j hooks (Sta. 7+75 to 10+20)1e. Left bank stabilization with grading, vegetation, and section of toe wood (Sta. 12+20 to 14+00) 1f. Right bank stabilization with grading, vegetation, and j hooks (Sta. 12+30 to 14+90) 2a. Bank stabilization with riprap and cross vane (Sta 16+50 to 16+80) 2b. Right and left bank stabilization with grading and vegetated riprap toe protection (Sta. 18+20 to 19+00) Spruce Tr Bassett Cre e k L a OrchardAveN Minnaqua Dr WindsorWay Perry Ave N Quail Ave N M ar kay R d g Regent AveN Bassett Creek Dr 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 0+00 Barr Footer: ArcGISPro 3.1.1, 2023-06-05 15:44 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig5 Proposed Stream Restoration Site Areas User: MRQPROPOSED STREAM RESTORATION SITE AREAS Main Stem Restoration Feasibility Study BCWMC FIGURE 5-1 0 100 Feet !;N Imagery: NearMap May 2022 Project Stationing Bassett Creek Legacy Trees Significant Trees Existing Bank Stabilization Private Parcel Public Parcel Easement Utilities ?Gravity Storm Sewer Sanitary Main Proposed Restoration Cross Vane Fascines J Hooks Toe Wood Proposed Construction Access Rip Rap Root Wad and RipRap Combination Bank & Channel Grading and Erosion Control Blanket Priority Level Text Text Text Low Medium High Note: Number in priority site restoration area callouts refer to the Bassett Creek subreach. 89 ???????????????????????????????????2a. Bank stabilization with riprap and cross vane (Sta 16+50 to 16+80) 2b. Right and left bank stabilization with grading and vegetated riprap toe protection (Sta. 18+20 to 19+00) 2c. Left bank stabilization with riprap toe and right bank grading to keep cross sectional area (Sta. 19+00 to 20+50) 2d. Right and left bank stabilization with j hooks (Sta. 20+50 to 21+80) 2e. Left bank stabilization with grading and vegetation (Sta. 21+80 to 22+50) 2f. Right and left bank stabilization with j hooks and section of toe wood (Sta. 22+75 to 27+75) 2g. Bank stabilization with cross vane (Sta. 27+70) 2h. Right bank stabilization with grading, vegetation, and floodplain bench (Sta. 28+00 to 29+50) 2i. Right and left bank stabilization with j hooks (Sta. 29+70 to 30+90) 2j. Bank stabilization with cross vane (Sta. 31+00) 2k. Right bank stabilization with grading, vegetation, riprap toe protection, and j hooks (Sta. 31+00 to 33+10) 2l. Left bank stabilization with j hooks, grading, vegetation, and riprap (Sta. 33+30 to 35+10) 2m. Right and left bank stabilization with j hooks, grading, vegetation, and section of toe wood (Sta. 35+50 to 37+50) 2n. Right and left bank stabilization with j hooks and cross vane (Sta 37+50 to 39+60) 3a. Bank stabilization with cross vane (Sta. 41+40) 3b. Left bank stabilization with grading, vegetation, and section of root wads (Sta. 42+20 to 44+50) Legend La Kyle Ave N Legend Dr Lee Ave N Spruce Tr Bass e t t C r e e k D r Noble Ave N16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 36+00 37+00 38+00 39+00 40+00 41+00 42+00 43+00 44+00 45+00 Barr Footer: ArcGISPro 3.1.1, 2023-06-05 15:44 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig5 Proposed Stream Restoration Site Areas User: MRQPROPOSED STREAM RESTORATION SITE AREAS Main Stem Restoration Feasibility Study BCWMC FIGURE 5-2 0 100 Feet !;N Imagery: NearMap May 2022 Project Stationing Bassett Creek Legacy Trees Significant Trees Existing Bank Stabilization Private Parcel Public Parcel Easement Utilities ?Gravity Storm Sewer Sanitary Main Proposed Restoration Cross Vane Fascines J Hooks Toe Wood Proposed Construction Access Rip Rap Root Wad and RipRap Combination Bank & Channel Grading and Erosion Control Blanket Priority Level Text Text Text Low Medium High Note: Number in priority site restoration area callouts refer to the Bassett Creek subreach. 90 ???????? ????????????Sochacki Park (Rice Lake Nature Area) Sochacki Park (Mary Hills Nature Area) 3a. Bank stabilization with cross vane (Sta. 41+40) 3b. Left bank stabilization with grading, vegetation, and section of root wads (Sta. 42+20 to 44+50) 3c. Right and left bank stabilization with j hooks and cross vanes (Sta. 45+20 to 47+00) 3d. Left bank stabilization with grading and vegetation (Sta. 47+20 to 48+20) 3e. Right bank stabilization cross vane, grading, and riprap (Sta. 47+70 to 49+20) 3f. Right bank stabilization with grading, vegetation, rock toe, and bankfull bench (Sta. 48+50 to 52+00) 3g. Left bank stabilization with grading, vegetation, j hooks, and section of toe wood (Sta. 48+50 to 51+00) 3h. Left bank stabilization with grading, vegetation, and tree preservation (Sta. 51+00 to 52+50) 3i. Right and left bank stabilization with j hooks, cross vanes, and section of root wads (Sta 52+10 to 54+15) 3j. Left bank stabilization with toe wood and floodplain bench (Sta. 54+20 to 55+20) 4a. Right and left bank stabilization with j hooks (Sta. 56+00 to 59+50) 4b. Right and left bank stabilization with grading, vegetation, and riprap floodplain bench with toewood on right bank (Sta. 59+60 to 61+00) WasatchLa Indiana Ave N K e w a n e e W a y Legend Dr Dr e s de nLa B a s s e t t C r e e k D r 39+00 40+00 41+00 42+00 43+00 44+00 45+00 46+00 47+00 48+00 49+00 50+00 51+00 52+00 53+00 54+00 55+00 56+00 57+00 58+00 59+00 60+00 61+00 Barr Footer: ArcGISPro 3.1.1, 2023-06-05 15:44 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig5 Proposed Stream Restoration Site Areas User: MRQPROPOSED STREAM RESTORATION SITE AREAS Main Stem Restoration Feasibility Study BCWMC FIGURE 5-3 0 100 Feet !;N Imagery: NearMap May 2022 Project Stationing Bassett Creek Legacy Trees Significant Trees Existing Bank Stabilization Private Parcel Public Parcel Easement Utilities ?Gravity Storm Sewer Sanitary Main Proposed Restoration Cross Vane Fascines J Hooks Toe Wood Proposed Construction Access Rip Rap Root Wad and RipRap Combination Bank & Channel Grading and Erosion Control Blanket Priority Level Text Text Text Low Medium High Note: Number in priority site restoration area callouts refer to the Bassett Creek subreach. 91 ??????? ?????4a. Right and left bank stabilization with j hooks (Sta. 56+00 to 59+50) 4b. Right and left bank stabilization with grading, vegetation, and riprap floodplain bench with toewood on right bank (Sta. 59+60 to 61+00) 4c. Right and left bank stabilization with j hooks and cross vanes (Sta. 61+00 to 64+40) 4d. Right bank stabilization with grading, vegetation, and j hooks (Sta. 65+40 to 67+00) 4e. Bank stabilization with cross vane (Sta. 65+50) 4f. Left bank stabilization with grading, vegetation, and toe wood stabilization (Sta. 65+50 to 68+30) 4g. Right bank stabilization with grading and vegetation. Increase cross sectional area if toe wood on left bank installed (Sta. 66+80 to 68+30)4h. Left bank stabilization with grading, vegetation, and fascines (Sta. 68+30 to 69+90, 70+10 to 71+00) 4i. Right bank stabilization with riprap enhancement, grading, and vegetation (Sta. 69+00 to 69+90, 70+10 to 71+50) 4j. Right and left bank stabilization with riprap and cross vane (Sta. 69+90 to 70+10) M a n o rD r Crestview Ave Wasa t c h L a Bonnie La Mary Hills Dr Golden Valle y R d B a s s e t t C r e e k D r 456766 58+00 59+00 60+00 61+00 62+00 64+00 65+00 66+00 67+00 69+00 70+00 71+00 Barr Footer: ArcGISPro 3.1.1, 2023-06-05 15:44 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig5 Proposed Stream Restoration Site Areas User: MRQPROPOSED STREAM RESTORATION SITE AREAS Main Stem Restoration Feasibility Study BCWMC FIGURE 5-4 0 100 Feet !;N Imagery: NearMap May 2022 Project Stationing Bassett Creek Legacy Trees Significant Trees Existing Bank Stabilization Private Parcel Public Parcel Easement Utilities ?Gravity Storm Sewer Sanitary Main Proposed Restoration Cross Vane Fascines J Hooks Toe Wood Proposed Construction Access Rip Rap Root Wad and RipRap Combination Bank & Channel Grading and Erosion Control Blanket Priority Level Text Text Text Low Medium High Note: Number in priority site restoration area callouts refer to the Bassett Creek subreach. 92 32 Due to the extensive length of recommended stabilization measures, the Commission Engineer assigned a numeric score for the various restoration locations based on the prioritization metrics noted below. The metrics are a combination of elements provided by Golden Valley staff and further developed by the Commission Engineer. Table 5-3 summarizes the scoring system used for this feasibility analysis. Table 5-3 Scoring Methodology for Stream Restoration Areas Golden Valley Prioritization Metric Weight for Scoring Severity of existing erosion Varied based on Bank Erosion Hazard Index (BEHI) score. Moderate=1, High=2, Very high= 3 Public ownership 4 points if construction occurs on public land Public easement 2 points if construction occurs on public easement Protection of existing structures/infrastructure (within 25 feet of streambank) 15 points if protecting sanitary sewer structures and 5 points if protecting other infrastructure or structures (storm sewer and other utilities, streets, trails, bridges, driveways) Impact on surrounding areas 1 point if the site requires minimal to no channel or bank grading Potential for future erosion Varied, based on summing BEHI and NBS values as described below. Moderate BEHI=1, High BEHI=2, Very high BEHI= 3, Very low NBS=1, Low NBS=2, Moderate NBS=3, High NBS= 4, Very high NBS=5 Opportunity for habitat creation or restoration 1 point if upland or stream habitat creation, based on stream restoration technique Maintaining healthy trees, native significant trees 1 point if protecting significant trees Vegetation establishment 1 point if vegetation establishment is part of stream restoration Ease of construction access 2 points if construction access is primarily through public property and 1 point if accessed via public easements. Points apply only if construction access is feasible based on site conditions (i.e. no overly steep slopes, extensive tree removal, etc.). Consider proximity/possibility for other improvements 1 point if near flood control project inspection areas Specific details related to the exact locations of restoration and prioritization rankings are presented in Appendix D. Using the scoring criteria described above, each restoration area was given a ranking value of low, medium, or high based on the average score of the individual stream reaches within each restoration area. The rankings were typically determined as follows: • Low: Average score below 10.4 • Medium: Average score between 10.5 and 13.9 • High: Average score of 14 and above 93 33 After determining the scores and rankings, the Commission Engineer used engineering judgment and City staff input to manually adjust rankings. As a result of scoring and prioritization, the recommended restoration concept includes 22 high, 11 medium, and 7 low-priority restoration areas. If funding is available, the Commission Engineer recommends restoring all identified erosion areas. However, if costs for completing all of the restoration areas are prohibitive, the Commission Engineer recommends restoring areas based on their priority ranking. While the Commission Engineer developed a numeric ranking score for this report, City staff and the Commission Engineer may substitute lower ranked sites for higher ranked sites during the design, bidding, and/or construction phases based on changed site conditions, site access/permissions, project bids, and/or other appropriate decision-making criteria and site conditions/constraints. Estimated construction costs are presented in Section 7.1. Table 5-4 summarizes the restoration areas and proposed stabilization measures, the priority rankings for each restoration area, and the photo numbers for each restoration area (photos are in Appendix A). Table 5-4 Proposed Restoration Areas (areas shown in Figure 5-1 through Figure 5-4) Restoration Areas and Proposed Stabilization Measures Priority Photo numbers1 1a. Right bank and left bank stabilization with j hooks (Sta. 0+00 to 2+50) Low 1, 2 1b. Right bank stabilization with grading, vegetated riprap toe, and j hooks (Sta. 2+40 to 5+20) 3 Medium 3 1c. Right bank stabilization with toe wood, j hooks, and fascines (Sta. 5+20 to 9+25) High 4 1d. Right and left bank stabilization with toe wood and j hooks (Sta. 7+75 to 10+20) High 5, 6 1e. Left bank stabilization with grading, vegetation, and section of toe wood (Sta. 12+20 to 14+00) High 7, 8 1f. Right bank stabilization with grading, vegetation, and j hooks (Sta. 12+30 to 14+90) High 9 2a. Bank stabilization with riprap and cross vane (16-50 to 16+80) Low 10 2b. Right and left bank stabilization with grading and vegetated riprap toe protection (Sta. 18+20 to 19+00) Medium 11 2c. Left bank stabilization with riprap toe and right bank grading to keep cross-sectional area (Sta. 19+00 to 20+50) High 12, 13 2d. Right and left bank stabilization with j hooks (Sta. 20+50 to 21+80) Medium 14, 15 2e. Left bank stabilization with grading and vegetation (Sta. 21+80 to 22+50) High 16 2f. Right and left bank stabilization with j hooks and section of toe wood (Sta. 22+75 to 27+75) Low 17, 18 2g. Bank stabilization with cross vane (Sta. 27+70) High 19 94 34 Restoration Areas and Proposed Stabilization Measures Priority Photo numbers1 2h. Right bank stabilization with grading, vegetation, and floodplain bench (Sta. 28+00 to 29+50) Low 20 2i. Right and left bank stabilization with j hooks (Sta. 29+70 to 30+90) High 21, 22 2j. Bank stabilization with cross vane (Sta. 31+00) High 23 2k. Right bank stabilization with grading, vegetation, riprap toe protection, and j hooks (Sta. 31+00 to 33+10) Medium 24 2l. Left bank stabilization with j hooks, grading, vegetation, and riprap (Sta. 33+30 to 35+10) High 25 2m. Right and left bank stabilization with j hooks, grading, vegetation, and section of toe wood (Sta. 35+50 to 37+50) Medium 26, 27 2n. Right and left bank stabilization with j hooks and cross vane (Sta 37+50 to 39+60) 3 Low 28, 29 3a. Bank stabilization with cross vane (Sta. 41+40) High 3b. Left bank stabilization with grading, vegetation, and section of root wads (Sta. 42+20 to 44+50) High 30 3c. Right and left bank stabilization with j hooks and cross vanes (Sta. 45+20 to 47+00) High 31 3d. Left bank stabilization with grading and vegetation (Sta. 47+20 to 48+20) 3 High 32 3e. Bank stabilization with cross vanes (Sta. 47+70 to 48+70) 3 Medium 33 3f. Right bank stabilization with grading, vegetation, rock toe, and bankfull bench (Sta. 48+50 to 52+00) Medium 34 3g. Left bank stabilization with grading, vegetation, j hooks, and section of toe wood (Sta. 48+50 to 51+00) Medium 35 3h. Left bank stabilization with grading, vegetation, and tree preservation (Sta. 51+00 to 52+50) 3 Low 36 3i. Right and left bank stabilization with j hooks, cross vanes, and section of root wads (Sta 52+10 to 54+15) High 37, 38, 39 3j. Left bank stabilization with toe wood and floodplain bench (Sta. 54+20 to 55+20) High 40 4a. Right and left bank stabilization with j hooks (Sta. 56+00 to 59+50) 3 High 41 4b. Right and left bank stabilization with grading, vegetation, and riprap floodplain bench (Sta. 59+60 to 61+00) High 42 4c. Right and left bank stabilization with j hooks and cross vanes (Sta. 61+00 to 64+40) High 43 4d. Right bank stabilization with grading, vegetation, and j hooks (Sta. 65+40 to 67+00) High 44 95 35 Restoration Areas and Proposed Stabilization Measures Priority Photo numbers1 4e. Bank stabilization with cross vane (Sta. 65+50) High 45 4f. Left bank stabilization with grading, vegetation, and toe wood stabilization (Sta. 65+50 to 68+30) High 46, 47 4g. Right bank stabilization with grading and vegetation. Increase cross-sectional area if toe wood on left bank installed (Sta. 66+80 to 68+30) Low 48 4h. Left bank stabilization with grading, vegetation, and fascines (Sta. 68+30 to 69+90, 70+10 to 71+00) High 49, 50 4i. Right bank stabilization with riprap enhancement, grading, and vegetation (Sta. 69+00 to 69+90, 70+10 to 71+50) 3 Medium 51 4j. Right and left bank stabilization with riprap and cross vane (Sta. 69+90 to 70+10) 3 Medium 1. Photos are located in Appendix A 2. Right and left bank refer to looking downstream 3. Proposed restoration on property that is partially publicly owned but grouped together for ecological reasons. Using the summary above, three options were developed. The first option is completing stream restoration solely in areas that ranked high, the second option is completing stream restoration in high and medium-ranked areas, and the third option is completing stream restoration in all 40 ranked areas. 96 36 6 Project Modeling Results and Potential Impacts This section discusses the results of the hydrologic, hydraulic, and water quality modeling and provides information on potential project impacts, including permitting requirements. 6.1 Hydrologic, Hydraulic, and Water Quality Modeling Hydrologic and hydraulic information is available for the approximately 7,000-foot reach. For this analysis, the Commission Engineer utilized the BCWMC 2021 XP-SWMM model, which is the most current version of the jurisdictional model. We used the model to evaluate the Atlas 14, 2-, 10-year, and 100-year, 24- hour design storm events to estimate flood elevations, flows, and velocities. In addition to reviewing the hydrologic and hydraulic model results for the project area, we completed an analysis to estimate potential pollutant reductions for the proposed three options. 6.1.1 BCWMC XPSWMM Model Review The Commission Engineer reviewed the XPSWMM model to understand the peak flow rates, velocities, elevations, and total drainage area throughout the project area. A summary of the model results is provided for the downstream-most point of the four project reaches described in Section 5.2 (Table 6-1, Figure 6-1). Table 6-1 Summary of BCWMC XPSWMM Model for Project Area Stream Location Peak Flow Rates (cubic ft/second) Peak Velocity (ft/second) Peak Water Surface Elevation Drainage Area (acres) Noble Avenue 2-yr: 386 10-yr: 627 100-yr: 1334 2-yr: -2.6 10-yr: 3.7 100-yr: -6.1 2-yr: 836.6 10-yr: 837.5 100-yr: 840 19,698 Intersection of Bassett Creek Drive and Legend Drive 2-yr: 385 10-yr: 623 100-yr: 1329 2-yr: 4.0 10-yr: 5.6 100-yr: 10.6 2-yr: 831.2 10-yr: 833.0 100-yr: 837.0 19,747 Station 56+00, near Sochacki Park 2-yr: 387 10-yr: 654 100-yr: 1344 2-yr: 2.5 10-yr: 2.4 100-yr: 2.3 2-yr: 828.9 10-yr: 829.8 100-yr: 833.9 20,240 Golden Valley Road 2-yr: 387 10-yr: 661 100-yr: 1361 2-yr: -2.2 10-yr: -2.2 100-yr: -2.1 2-yr: 827.3 10-yr: 828.9 100-yr: 833.7 20,399 Final design efforts will require additional refinements to the XP-SWMM modeling and a review of the final design water surface profile to ensure the project does not impact adjacent property and does not increase flood elevations. Similarly, the stability thresholds for the proposed features should be reviewed to ensure the final design will be stable. The constructed improvements should be incorporated into the next update of the BCWMC XP-SWMM model after project completion. 97 P P P P 5+00 10+00 15+00 20+00 25+00 30+00 35+00 40+00 45+00 50+00 55+00 60+00 65+00 70+00 0+00 ValeryRd MajorCIRBonni e L a Bridgewater R D Hea t h b r ooke C i r Major DrMcNa i r D r Bassett Cree k L a Legend La LeeAve N France Ave N MajorAveN McNair DR Legend Dr ToledoAveN alley Fron t enac Ave M innaqu a Dr Hampton Rd LegendDr Quail Ave Kyle Pl 26th 1/2 Ave N GoldenValleyRd WasatchLa Merribee Dr ScottAveN Hampton Rd Orchard Ave NMarkayRdg Spring Valley Rd 26th Ave N Spring ValleyCir Sorell Ave WindsorWay D ulu th S t B y r d A v e N Perry Ave NDre s den L a Mary HillsDr HiddenLakesPKWY Hidden LakesPKWY Spruce TrOrdway Indiana Ave N PerryAveNMajor Dr QuailAve N Wes t B e n d R d Bassett Creek D r K e w a n e e W a y Kyl e A v e N Lee Ave N Noble Ave NB a s s e tt C r e e k D r Regent Ave N Golden Valley Rd 456766 Barr Footer: ArcGISPro 3.1, 2023-03-23 09:01 File: I:\Client\BassettCreek\Work_Orders\2022\Main_Stem_Restoration_Feas\Maps\Reports\Feasability Study March 2023\Feasability Study March 2023.aprx Layout: Fig6 Reviewed XPSWMM Model Locations User: MRQREVIEWED XPSWMM MODEL LOCATIONS Main Stem Restoration Feasibility Study BCWMC FIGURE 6-1 0 350 Feet !;N P XPSWMM Nodes Project Stationing Bassett Creek Imagery: NearMap May 2022 98 38 6.1.2 Anticipated Pollutant Removals The Commission Engineer estimated the pollutant (total phosphorus (TP) and total suspended solids (TSS)) removals that would result from the proposed Bassett Creek Main Stem Restoration Project using approaches developed by Rosgen et al. (3) and Minnesota Board of Water and Soil Resources (BWSR) (9). The proposed stabilization measures will result in reduced stream bank erosion and, therefore, reduced sediment and phosphorus loading to the Main Stem of Bassett Creek and all downstream water bodies, including the Mississippi River and Lake Pepin. The existing stream bank erosion rate (in units of feet per year) for each stabilization location was estimated based on a field assessment method known as the Bank Assessment for Non-Point Source Consequences of Sediment (BANCS) model (3). The BANCS model uses two erosion-estimation tools to develop risk ratings: BEHI and NBS. The BEHI rating evaluates the susceptibility of a segment of stream bank to erosion as a result of multiple processes: surface erosion, fluvial entrainment (movement of material that becomes suspended in the channel during high flows), and mass erosion (wasting). The NBS rating characterizes the energy distribution against a segment of stream bank; disproportionate energy distribution in the near-bank region can accelerate bank erosion. The BEHI and NBS estimation tools are applied in a field assessment for each segment of stream bank potentially contributing sediment to the stream channel. The Commission Engineer performed BEHI assessments for multiple segments of the Main Stem project area during site visits in October 2022 and completed NBS ratings using aerial imagery from Google Earth dated 2022. The field-determined BEHI and NBS ratings for the Main Stem project area are shown in Figure 2-1 and in tabular form in Appendix E. Approximately 42% of the eroding right banks (looking downstream) are in the moderate BEHI category, 56% are in the high BEHI category, and 1% are in the very high BEHI category. Approximately 46% of the left eroding banks (looking downstream) are in the moderate BEHI category, and 54% are in the high BEHI category. The majority of the right and left banks are either a very low or low NBS category, with four reaches rated higher than a low NBS category. To convert BEHI and NBS ratings into a stream bank erosion rate estimate, the BANCS model relies on measured bank erosion data to develop relationships applicable to various hydrologic and geologic conditions. No such relationship is currently available for Minnesota; this feasibility study uses relationships developed from data collected in sedimentary and metamorphic geologic regions in North Carolina (Figure 5-34 of (3)). Appendix E shows the estimated bank erosion rate for each stabilization location; estimated erosion rates range from 0.008 to 0. 7 feet per year. The estimated total sediment load from bank erosion is calculated using the approximate dimensions of the eroding stream banks at each restoration area. The effects of stabilization options on water quality are estimated based on the assumption that each stabilization measure successfully addresses erosion at the site and brings erosion to a low rate, representative of a stable stream in this geologic setting. For this analysis, we assumed a stable low erosion rate means there would be no change in NBS, and the BEHI erosion would be improved to half of the erosion rate of a moderate BEHI score. Appendix E shows the resulting estimated sediment load reduction for all proposed restoration areas. We calculated the 99 39 corresponding reduction of TSS and TP loads using an estimation tool developed by BWSR (9). The BWSR tool assumes that all eroded sediment becomes TSS, which is conservative because eroded sand and gravel are typically not suspended but transported as bedload. The BWSR tool also assumes that the TP load is equivalent to 1.0 pound of TP per ton of eroded sediment. The total reduction in pollutant loading resulting from stabilization depends on the total linear feet of channel selected for stabilization. Table 6-2 summarizes the pollutant loading reductions based on the approximate length of restoration. Table 6-2 Pollutant Reduction by Proposed Option Restoration Length, by Option Total Suspended Solids Reduction (lb/yr) Total Phosphorus Reduction (lb/yr) Option 1: 4,340 linear feet1 – High priority areas only 109,618 54.4 Option 2: 5,425 linear feet1 – High and medium priority areas 136,695 67.0 Option 3: 7,370 linear feet1 – High, medium, and low priority areas 164,820 82.4 1. Linear feet = sum of right and left banks that are restored 6.2 Easement Acquisition In general, most of the project reach is adjacent to easements or City of Golden Valley property that can be used for construction access. However, there is limited public access available between Noble Avenue and Bassett Creek Drive (Reach 2). Therefore, coordination with residents will be required for construction access and it will be especially important to acquire temporary construction easements in this reach. The proposed construction will occur on public property, private property, and easements as summarized in Table 6-3. Table 6-3 Restoration Lengths on Property Types Options Length of Publicly Owned Restoration Length of Privately Owned Restoration with Public Easements Length of Privately Owned Restoration without Easements Option 1: 4,340 linear feet1 – High priority areas only 2,168 380 1,792 Option 2: 5,425 linear feet1 – High and medium priority areas 2,431 687 2,307 Option 3: 7,370 linear feet1 – High, medium, and low priority areas 3,150 1,220 3,000 6.3 Permits Required for Project The proposed project is expected to require the following permits/approvals, regardless of the selected concept: • Clean Water Act Section 404 and Section 401 Water Quality Certification 100 40 • Construction Stormwater General Permit from the MPCA • Compliance with the Minnesota Wetland Conservation Act • Environmental Assessment Worksheet (potentially required, see paragraph 6.3.4 for more detail) • Public Waters Work Permit from the MnDNR • Stormwater Management Permit from the City of Golden Valley • Right-of-Way Management Permit from the City of Golden Valley 6.3.1 Section 404 Permit The USACE regulates the placement of fill into wetlands if they are hydrologically connected to a Water of the United States in accordance with Section 404 of the Clean Water Act (CWA). In addition, the USACE may regulate all proposed wetland alterations if any wetland fill is proposed. The MPCA may be involved in wetland mitigation requirements as part of the CWA Section 401 water quality certification process for the 404 Permit. The BCWMC developed its Resource Management Plan (RMP) with the goal of completing a conceptual- level USACE permitting process for proposed projects. The RMP was submitted to the USACE in April 2009 and revised in July 2009. This feasibility study follows the protocols for projects within the BCWMC RMP. The USACE 404 permit requires a Section 106 review for historic and cultural resources. The results of the archeological reconnaissance study are included in Section 3.0. If the State Historic Preservation Office (SHPO) requests more detailed information, a Phase I Archaeological Survey may need to be completed. A Phase I Archaeological Survey can be completed in 45 days or less during a frost-free period. The USACE staff anticipates that the 404 permit review and approval process could require 120 days to complete. These projects may fit under the USACE Nationwide Permit 13 for bank stabilization or Nationwide Permit 27 for restoration, or a Regional General Permit. Verification of the USACE Nationwide Permit requirements and comparison to the proposed project features/impacts will be necessary during the project design phase to determine which permit is most applicable. Coordination with the USACE will help to confirm specific requirements related to the project. 6.3.2 Minnesota Pollution Control Agency (MPCA) Permits Construction of the proposed project will require a National Pollutant Discharge Elimination System/State Disposal System Construction Stormwater (CSW) General Permit issued by the MPCA. The CSW permit will require the preparation of a SWPPP that explains how stormwater will be controlled within the project area during construction. Based on the findings of the desktop review of the MPCA’s “What’s In My Neighborhood?” database (see Section 3.6), it is not anticipated that environmental impacts such as contaminated soil and debris will be encountered during stream restoration activities; therefore, it is not anticipated that the project will require minimization measures for disposing of contaminated soil. In the unlikely event that environmental impacts are encountered during the creek restoration earthwork, contaminated materials will need to be handled and managed appropriately. The response to the discovery of contamination typically includes entering the MPCA’s voluntary program. A construction contingency plan could be 101 41 prepared for the project in accordance with MPCA guidance. This would include specifying Initial procedures for handling potentially impacted materials, collecting analytical samples, and working with the MPCA to determine a method for managing impacted materials. 6.3.3 Minnesota Wetland Conservation Act The Minnesota Wetland Conservation Act (WCA) regulates the filling and draining of wetlands and excavation within Type 3, 4, and 5 wetlands—and may regulate any other wetland type if fill is proposed. The WCA is administered by local government units (LGUs), which include cities, counties, watershed management organizations, soil and water conservation districts, and townships. The City of Golden Valley is the LGU for the entire project area. The Minnesota Board of Water and Soil Resources (BWSR) oversees administration of the WCA statewide. As described in Minnesota rules 8420, the WCA is applicable to the types of wetland impacts that could be a part of this project, and a permit related to wetland impacts may be required; however, the LGU will have the final determination. 6.3.4 Environmental Assessment Worksheet The Minnesota Environmental Policy Act of 1973 (MEPA) established the Environmental Quality Board (EQB), which oversees the formal environmental review process for the state of Minnesota. An Environmental Assessment Worksheet (EAW) is a screening tool used to determine whether a full environmental impact statement is needed. Minnesota Rules 4410.4300 (Mandatory EAW Categories) identifies triggers that would require a project proposer to prepare an EAW. Minnesota Rules 4410.4300 Subp. 27A requires an EAW for projects that will change or diminish the course, current, or cross-section of one acre or more of any public water or public waters wetland. For this mandatory EAW category, the responsible government unit (RGU) would be the MnDNR or the LGU for the project. Since the project is primarily a stream restoration project, the MnDNR may be able to waive the requirement for an EAW. Further coordination with the MnDNR would be needed to determine if an EAW would be required before issuing a Public Waters Work Permit. 6.3.5 Public Waters Work Permit The MnDNR regulates projects constructed below the ordinary high water level of public waters, watercourses, or wetlands, which alter the course, current, or cross-section of the water body. Public waters regulated by the MnDNR are identified on published PWI maps. Bassett Creek is a public watercourse, so the proposed work may require an MnDNR public waters work permit. 6.3.6 City of Golden Valley Permits The City of Golden Valley requires Stormwater Management Permits for land-disturbing activities that remove soils or vegetation, including but not limited to clearing, digging, dredging, draining, or filling. This permit is also required for projects within floodplains or adjacent to water bodies. The City of Golden Valley will require a Stormwater Management Permit for the proposed project. 102 42 In addition, the City of Golden Valley requires a Right-of-Way (ROW) permit for excavations and obstructions within the public right-of-way, streets, easements, and parks. The City of Golden Valley requires a ROW permit for the proposed project. 6.4 Other Project Impacts 6.4.1 Tree Loss The estimated tree removals resulting from the implementation of the proposed project depend on the proposed restoration length (i.e., which design option is selected). Appendix F includes a summary of the estimated healthy tree removal by species. Tree removal estimates for each estimate are: • Option 1: 47 trees • Option 2: 73 trees • Option 3: 88 trees The number of trees removed could be reduced by protecting trees during construction. 6.4.2 Water Quality Impacts The proposed stabilization measures will result in a reduction of the sediment and phosphorus loading to Bassett Creek and all downstream water bodies, including the Mississippi River and Lake Pepin. We estimated total suspended sediment and total phosphorus loadings prior to and after stabilization using BEHI and NBS ratings from the field, described in further detail in Section 6.1.2. 6.4.3 Utility Considerations An important consideration for implementing this stream restoration project is the stream’s proximity to infrastructure, such as sanitary and storm sewer lines. Throughout the 7,000-foot reach, sanitary lines are present, crossing the creek channel and running along creek banks. If the sanitary line were to break, there is the potential for a release of sewage into the creek, which would drastically decrease the creek’s water quality. Similarly, protecting existing storm sewer infrastructure reduces the potential for erosion from stormwater conveyance and helps maintain the integrity of the creek. 103 43 7 Project Cost Considerations 7.1 Opinion of Cost The cost estimate is a Class 4 feasibility-level cost estimate as defined by the American Association of Cost Engineers International (AACE International) and uses the assumptions listed below and detailed in the following sections. • The cost estimate assumes a 20% construction contingency. • Costs associated with design, permitting, and construction observation (collectively “engineering”) are assumed to be 30% of the estimated construction costs (excluding contingency). • Construction easements may be necessary to construct the project; however, the costs were not estimated as part of this study • Additional work may be required to determine if cultural and/or historical resources are present at any project site. The Class 4 level cost estimates have an acceptable range of between -15% to -30% on the low range and +20% to +50% on the high range (10). Based on the development of concepts and initial vetting of the concepts by the City of Golden Valley, BCWMC, and MnDNR, it is not necessary to utilize the full range of the acceptable range for the cost estimate. We assume the final costs of construction may range between -15% and +30% of the estimated construction budget. The assumed contingency for the project (20%) incorporates the potential high end of the cost estimate range. Table 7-1 summarizes the feasibility-level total construction cost estimates, the 30-year annualized total construction cost estimates, and the annualized costs per pound of TSS and TP removed for the Main Stem Restoration Project. Table 7-1 presents the cost for each of the prioritized preferred options described in Section 5.2. Appendix G provides detailed cost-estimate tables for all options. 104 44 Table 7-1 Bassett Creek Main Stem Stream Restoration Project Options Cost Summary Option Description Project Cost Estimate(1,4) Annualized Cost(2) TP Loading TSS Loading Load Reduction (lb/yr) Cost/lb/yr Reduced(3) Load Reduction (lb/yr) Cost/lb/yr Reduced(3) Option 1. High-ranked restoration areas $1,124,000 ($956,000–$1,462,000) $72,000 54.4 $1,323 109,618 $0.66 Option 2. High- and medium-ranked restoration areas $1,727,000 ($1,468,000–$2,246,000) $110,000 67.0 $1,642 136,695 $0.80 Option 3. All proposed restoration areas $2,118,000 ($1,801,000–$2,754,000) $136,000 82.4 $1,650 163,820 $0.83 (1) A Class 4 screening-level opinion of probable cost, as defined by the American Association of Cost Engineers International (AACE International), has been prepared for these options. The opinion of probable construction cost provided in this table is based on the Commission Engineer’s experience and qualifications and represents our best judgment as experienced and qualified professionals familiar with the project. The cost opinion is based on project-related information available to the Commission Engineer at this time and includes a conceptual-level design of the project. It includes 20% project contingency and 30% for planning, engineering, design, and construction administration. The lower bound is assumed at -15%, and the upper bound is assumed at +30%. (2) Assumed to be 15% of the total project cost for annual maintenance, plus replacement cost associated with major repairs and the initial project cost distributed evenly over a 30-year project lifespan. (3) Annualized cost divided by estimated annual pollution load reduction. (4) Costs do not include easements or construction access routes 7.2 Funding Sources The BCWMC will utilize the BCWMC CIP funds to implement these projects. The source of these funds is an ad valorem tax levied by Hennepin County over the entire Bassett Creek watershed on behalf of the BCWMC. The current CIP earmarks $800,000 for this project over 2024 and 2025. In addition to BCWMC CIP funds, Golden Valley plans to contribute channel maintenance funds ($200,000) and capital improvement funds ($100,000) toward project implementation. 7.3 Project Schedule The BCWMC will hold a public hearing in September 2023 on this project. Pending the outcome of the hearing, the BCWMC will consider officially ordering the project, entering into an agreement with the City of Golden Valley to design and construct the project, and certifying to Hennepin County a final 2024 tax levy for this project. The construction work would likely begin in winter 2024/2025, as tree removal should occur in the period from October 15 to early April, outside of the northern long-eared bat’s active season (mid-April – 105 45 October 14). Additionally, excavation during the winter would be appropriate to complete the major earthwork during periods with less frequent runoff events. Final construction and restoration will be completed in the spring/summer of 2025. For project construction to occur in the winter of 2024/2025, project design should begin in the winter of 2023/2024 or spring of 2024. If project construction is scheduled for winter 2024/2025, summer 2024 bidding is recommended. This will give contractors adequate scheduling time to complete the project at a reasonable price. In the intervening time, the City would gather public input, prepare the final design, and obtain permits. 106 46 8 Recommended Option The Commission Engineer and City staff recommend implementing option 1 with the level of funding that is currently available and option 2 or 3 – completing restoration in all high, medium, and low priority areas if additional funding is obtained through the BCWMC CIP, City CIP or grants. All three options propose using a combination of stream stabilization methods discussed in Section 5.2. The three options for restoration are based on a low, medium, and high prioritization ranking of restoration areas. The highest priority areas are included in the first option, the medium and high are included in the second, and all of the areas are included in the third. Restoration areas were prioritized based on criteria provided by the City of Golden Valley and additional criteria from the Commission Engineer (see Section 5.2). All three options would effectively stabilize eroding banks, preserve the natural beauty of Bassett Creek, contribute to habitat improvements, reduce the chance of potential future erosion, and protect existing infrastructure. If funding is available, the Commission Engineer and City staff recommend implementing option 2 or 3 for several reasons, including: economies of scale (larger projects can result in lower unit costs), efficiencies related to working with a single contractor for all site work, practicality of limiting site disturbance to a single project timeline, simplified permitting for a single project rather than multiple projects, and addressing all erosion that has been identified in the reach at the same time. Section 7.1 summarizes the costs of the three prioritized recommended concepts. Option 3 comes at a higher cost than other options. Therefore, if funding is not available and a lower-cost project is desired, we recommend implementing (at a minimum) option 1—completing high-priority areas—and completing medium- to low-ranked areas as budget allows. In general, the Commission Engineer and City staff recommend completing additional projects in order of prioritization (medium first, then low). However, in some cases low-ranked sites could be completed ahead of a medium-ranked site if they include partial public segments that allow for easier site access and greater public benefit than privately-owned sites. 107 47 9 References 1. Bassett Creek Watershed Management Commission. 2015 Watershed Management Plan. September 2015. 2. —. Resource Management Plan for Basset Creek Watershed Management Commission Proposed Water Quality Improvement Projects 2010 - 2016. 2009. 3. Rosgen, D.L. Watershed Assessment of River Stability and Sediment Supply (WARSSS). Fort Collins, CO : Wildland Hydrology Books, 2006. 4. United States of Agriculture and Natural Resources Conservation Service. Web Soil Survey. Web Soil Survey. [Online] https://websoilsurvey.nrcs.usda.gov/app/. 5. U.S. Fish and Wildlife Service. Information for Planning and Consultation. [Online] https://ipac.ecosphere.fws.gov/. 6. Minnesota Department of Natural Resources. Rare Species Guide- Myotis Septentrionalis. [Online] https://www.dnr.state.mn.us/rsg/profile.html?action=elementDetail&selectedElement=AMACC01150. 7. —. Environmental Review Fact Sheet Series- Blanding’s Turtle. [Online] https://files.dnr.state.mn.us/natural_resources/animals/reptiles_amphibians/turtles/blandings_turtle/factsh eet.pdf. 8. City of Golden Valley. Golden Valley Code of Ordinances. Code 1988, § 4.32(2). 9. Minnesota Board of Water and Soil Resources (MN BWSR). Pollution Reduction Estimator - Water Erosion - Excel Version. [http://www.bwsr.state.mn.us/elinkupdate/Pollution_Reduction_Calculator_Manual.pdf]. 2010. 10. Peter Christensen, CCE and Larry R Dysert, CCC. Cost Estimate Classification System. s.l. : AACE, Inc, 2005. AACE International Recommended Practices. No. 18R-97. 108 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.5. Approve Contract for Budget Preparation Software Prepared By Lyle Hodges, Finance Director Summary This contract will cover the implementation and up to three years of software access to a web-based application that the City will use to prepare the operating budget and corresponding budget book. Finance staff along with staff across the City currently rely on a number of separate files in several formats (Word, Excel, PDF, etc.) to build and maintain the City's operational budget. This approach can lead to a number of potential issues including lack of data integrity, lack of version control and change management, and a general lack of cohesive and comprehensive data views. ClearGov's budget software will allow staff within Finance to set up the budget process and permit access to appropriate departmental staff to create and edit the operating budget. This software will also allow Finance staff to perform enterprise-wide analysis of budget data in a real-time environment as the budget is built. Finally, the software will streamline the creation of the City's budget book, allowing more timely publication for improved transparency and communication with the public. Financial or Budget Considerations The Finance Department has allocated a budget for this software in the 2025 budget. Legal Considerations This contract has been reviewed and approved by the City Attorney. Equity Considerations This contract will help further the advancement of equity at the City through a comprehensive and transparent budgeting process. Recommended Action Motion to approve a contract with ClearGov, Inc. for budget preparation software. Supporting Documents ClearGov Service Agreement.pdf ClearGov_ Golden Valley Service Order.pdf 109 ClearGov BCM Service Agreement ClearGov, Inc. Service Agreement ver. 02.02.23 Page 1 of 4 This ClearGov BCM Service Agreement (the “Agreement”) is made and entered into by and between ClearGov, Inc. (“ClearGov”), a Delaware corporation with its principal offices at 2 Mill & Main; Suite 630, Maynard, MA 01754 and Customer (as defined in the applicable ClearGov Service Order) (each a “Party” and collectively the “Parties”). This Agreement governs the terms and conditions under which Customer may utilize the ClearGov Service as set forth herein and as specified in one or more applicable ClearGov Service Order(s) executed by Customer in connection herewith and incorporated herein (the “ClearGov Service Order(s)”). In event of any conflict between the terms set forth in this Agreement and any terms or conditions of any applicable ClearGov Service Order, the terms of the applicable ClearGov Service Order shall prevail. WHEREAS ClearGov owns and operates the ClearGov Service, a Web- based SaaS solution that includes a variety of ClearGov App(s) and provides various features and functionality via such ClearGov App(s); and WHEREAS Customer wishes to utilize the ClearGov Service in order to convey fiscal budget, key metrics and other information to the public as well as to leverage the functionality of such ClearGov App(s); NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ClearGov and Customer hereby agree as follows: 1) Definitions. Capitalized terms used in this Agreement, and not otherwise defined herein, shall have the following meanings: 1.1) "Account" means an access point for the ClearGov Service that requires registration by the Customer. 1.2) “ClearGov API” means an application programming interface that provides access to specified content and functionality within certain ClearGov Apps. 1.3) “ClearGov Apps” means collectively all of the Web applications hosted by ClearGov and available via the ClearGov Service, including but not limited to the applications listed in any applicable ClearGov Service Order. All features, functionality, reports, etc. for each ClearGov App are included as material elements of the applicable ClearGov App. ClearGov may modify, combine, add or delete ClearGov Apps from the ClearGov Service from time to time at its sole discretion, provided that in the event that ClearGov terminates or deletes any ClearGov App to which Customer is actively subscribing, ClearGov shall provide a pro-rata refund for the applicable portion of the Subscription Service Fee for the remainder of the then current Service Period. 1.4) “ClearGov Data” means any aggregated and normalized key metrics and benchmarking data collected by ClearGov for the delivery of the ClearGov Service. 1.5) “ClearGov Service” means the complete set of ClearGov software and related materials including but not limited to the ClearGov Apps, ClearGov Data, ClearGov Web Site, the Documentation and the Software. 1.6) “ClearGov Web Site” means the Web site owned and operated by ClearGov and made available at the following URL: http://www.ClearGov.com and/or any successor site(s). 1.7) “Customer PDF” means one or more PDF files of Customer’s digital documents created by Customer using the ClearGov Apps. 1.8) “Customer Data” means any data provided to ClearGov by or on behalf of Customer or any data entered or uploaded into the ClearGov Service by or on behalf of Customer, including Sensitive Data entered or provided by Customer. Customer Data specifically excludes ClearGov Data as well as any anonymized, customized, modified or derivative works related to the Customer Data. 1.9) “Customer State” means the state, commonwealth or territory in which the Customer is located. 1.10) “Customer Web Site” means any Web site owned and operated by Customer. 1.11) "Documentation" means any accompanying proprietary documentation made available to Customer by ClearGov for use with the ClearGov Service, including any documentation available online or otherwise. 1.12) “Sensitive Data: means any Customer Data that may reasonably be deemed sensitive and/or private in nature, including but not limited to personal wage garnishments, individual healthcare-related expenses, data protected by HIPAA, etc. 1.13) "Software" means the source code and/or other code which are material elements of the ClearGov Apps and ClearGov Service. 2) Service Usage & Licenses. 2.1) Account Password and Security. Customer shall protect its passwords and take full responsibility for Customer's own, as well as any third-party, use of the Customer Account(s). Customer is solely responsible for any and all activities that occur under such Customer Account(s), except for any activities performed by ClearGov as set forth herein. Customer agrees to notify ClearGov immediately upon learning of any unauthorized use of a Customer Account or any other breach of security. From time to time, ClearGov's support staff may log in to the Customer Account in order to maintain or improve service, including providing Customer assistance with technical or billing issues. Customer hereby acknowledges and consents to such access. 2.2) ClearGov License. Subject to the terms and conditions of this Agreement and as specifically set forth in the applicable ClearGov Service Order(s), ClearGov grants Customer a limited, revocable, non-exclusive, non-transferable, non- distributable, worldwide license to utilize the ClearGov Service for the following functionality: a) Content Delivery. Customer may integrate, link and publish applicable public-facing content from the applicable ClearGov Apps within one or more Customer Web Site(s); b) Application Access. Customer may access the ClearGov Apps via Customer’s Account to utilize the functionality provided within such ClearGov Apps; and c) API Access. Customer may access the ClearGov API to distribute and display public-facing content from the ClearGov Apps within one or more Customer Web Site(s). 3) Term and Termination. 3.1) Term. The duration of this Agreement shall be defined in accordance with the Term set forth in all applicable Service Order(s). The Term shall commence upon the Start Date set forth in the first ClearGov Service Order executed between the Parties and shall continue in full force and effect until the termination or expiration of all applicable ClearGov Service Order(s) (the “Term”). 3.2) Termination. This Agreement and/or any applicable ClearGov Service Order may be terminated prior to the expiration of the term as follows: a) Either Party may terminate this Agreement if the other Party fails to cure a material breach of the Agreement within fifteen (15) days after receipt of written notice 110 ClearGov, Inc. Service Agreement ver. 02.02.23 Page 2 of 4 thereof. b) Either Party may terminate this Agreement if the other Party is involved in insolvency proceedings, receivership, bankruptcy, or assignment for the benefit of creditors. 3.3) Obligations. Upon expiration or termination of this Agreement: a) Each Party shall promptly return to the other all of the Confidential Information of the other Party in its possession or control; b) Customer shall cease use of the ClearGov Service and shall remove all links from the Customer Web Site(s) to any content provided by the ClearGov Apps, provided that Customer may continue to provide access to any Customer PDF(s). Customer shall be solely responsible for hosting and delivering such Customer PDF(s) as well as any ongoing costs for doing so; and c) Any outstanding fees shall become immediately due and payable, and termination of this Agreement shall not relieve Customer from its obligation to pay to ClearGov any such fees. 3.4) Survival. Sections 3.3, 3.4 and 4 through 8 inclusive shall survive any termination or expiration of this Agreement. 4) Fees and Billing. 4.1) Fees. Customer shall pay the Fees in accordance with the terms set forth in the applicable ClearGov Service Order. 4.2) Interest and Collections. Customer will be charged $50 for payments by checks that are returned due to insufficient funds. Any late payments will accrue interest equal to one and one-half percent (1.5%) per month, or the maximum amount allowable under law, whichever is less, compounded monthly. ClearGov shall be entitled to recover all reasonable costs of collection (including agency fees, attorneys’ fees, in- house counsel costs, expenses and costs) incurred in attempting to collect payment from Customer. 4.3) Taxes. Customer is solely responsible for all applicable sales, use and other taxes and similar charges based on or arising from this Agreement or any ClearGov Service Order. In the event that Customer is exempt from sales tax, Customer will provide ClearGov with a tax-exempt certificate upon request. 5) Intellectual Property. 5.1) General. Both Parties may only use the other Party’s intellectual property as expressly set forth herein. Nothing in this Agreement shall be construed in any manner to affect or modify either Party’s ownership rights in any preexisting or future works, trademarks, copyrights or technologies developed or created by either Party, including without limitation, their respective proprietary software used in connection with the development and provision of their respective Web sites, databases, systems, products and/or services. Unless specifically agreed by the Parties in writing, all intellectual property, including without limitation information that could become the subject of a patent, copyright or trade secret, developed by a Party in the context of performing its obligations under this Agreement shall be exclusively owned by that Party and the other Party shall cooperate with any reasonable requests to execute documents confirming such ownership. 5.2) Data Ownership and License. a) Customer represents and warrants that it has obtained all data subjects’ consent or otherwise has the full legal right necessary to provide the Customer Data to ClearGov for ClearGov’s use as contemplated by this Agreement. Customer acknowledges that ClearGov shall have no legal liability for its use and/or the display of the Customer Data as contemplated by this Agreement. b) Customer represents and warrants that Customer shall not provide or enter Sensitive Data to be displayed in any publicly available element of the ClearGov Service. To the extent that Customer enters or uploads any Sensitive Data into the ClearGov Service, Customer shall assume full responsibility for the disclosure of such Sensitive Data. ClearGov is under no obligation to review and/or verify whether or not Customer Data includes Sensitive Data. c) Customer Data shall remain the property of Customer, and Customer hereby grants ClearGov a limited, perpetual, irrevocable and royalty-free right to use, copy, modify, and display the Customer Data within any ClearGov App(s) and for the purpose of providing the ClearGov Service. 5.3) Proprietary Rights Notice. The ClearGov Service and all intellectual property rights in the ClearGov Service are, and shall remain, the property of ClearGov. All rights in and to the ClearGov Service not expressly granted to Customer in this Agreement are hereby expressly reserved and retained by ClearGov without restriction, including, without limitation, ClearGov's right to sole ownership of the ClearGov API, ClearGov Apps, ClearGov Data, ClearGov Web Site, Documentation and Software. Without limiting the generality of the foregoing, Customer agrees not to (and to not allow any third party to): (a) sublicense, copy, distribute, rent, lease, lend or use the ClearGov Service outside of the scope of the license granted herein or make the ClearGov Service available to any third party or use the ClearGov Service on a service bureau time sharing basis; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the ClearGov Service or otherwise attempt to discover or reconstruct any source code, underlying ideas, algorithms, file formats, program interfaces or other trade secrets related to the ClearGov Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the ClearGov Service for any purpose without the express written consent of ClearGov; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyrights or other proprietary rights associated with ClearGov other than in the name of ClearGov; or (e) modify, remove, obscure, or alter any notice of copyright, trademark, or other proprietary right or legend appearing in or on any item included with the ClearGov Service. If the use of the ClearGov Service is being purchased by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the ClearGov Service, including its rights to use, modify, reproduce, release, perform, display or disclose any elements of the ClearGov Service, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement. 6) Representations, Warranties, Indemnification and Liability. 6.1) By ClearGov. ClearGov represents and warrants that: (i) the ClearGov Service shall be provided in accordance with, and shall not violate applicable laws, rules or regulations; and (ii) by using the ClearGov Service, Customer will not violate or in any way infringe upon the personal or proprietary rights of any third party, (iii) to ClearGov’s knowledge, the ClearGov Service does not contain any virus, worm, Trojan horse, time bomb or similar contaminating or destructive feature; and (iv) 111 ClearGov, Inc. Service Agreement ver. 02.02.23 Page 3 of 4 ClearGov holds all necessary rights to permit the use of the ClearGov Service and all components thereof provided to Customer under this Agreement. 6.2) By Customer. Customer represents and warrants that: (i) it has all right, title, and interest in and to the Customer Data necessary for its use in connection with the ClearGov Service; and (ii) it shall not use the ClearGov Service in a manner or in connection with any activity that would violate this Agreement or any law, rule or regulation or rights of any third party. 6.3) By Both. ClearGov and Customer both represent and warrant that (i) each has full power and authority to enter into and perform its obligations under this Agreement; (ii) this Agreement is a legal, valid and binding obligation, enforceable against each Party in accordance with its terms; and (iii) entering into this Agreement will not knowingly violate the Agreement or any laws, regulations or third-party contracts. 6.4) Indemnification by ClearGov. At ClearGov’s cost, ClearGov agrees to indemnify, hold harmless and defend Customer against any cost, loss or expense (including attorney’s fees) resulting from any claims by third parties for loss, damage or injury (each, a “Claim”) arising out of or relating to (i) ClearGov’s breach of any term, condition, representation or warranty of this Agreement, (ii) ClearGov’s violation of any third party rights in connection with the ClearGov Service or (iii) ClearGov’s violations of applicable laws, rules or regulations in connection with the ClearGov Service. In such a case, Customer will provide ClearGov with written notice of such Claim. Customer shall cooperate as fully as reasonably required in the defense of any Claim. Customer reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by ClearGov. Notwithstanding the foregoing, unless the settlement involves no cost, loss or continuing liability to Customer, ClearGov shall not settle any Claim, without the written consent of Customer, such consent not to be unreasonably withheld. 6.5) Limited Warranty. ClearGov warrants that the ClearGov Service will be delivered in a professional and workmanlike manner substantially in accordance with the statement of work set forth in the applicable ClearGov Service Order and that the ClearGov Service will operate in all material respects as described in its product descriptions and/or documentation. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, INCLUDING ANY APPLICABLE CLEARGOV SERVICE ORDER, CLEARGOV MAKES NO ADDITIONAL WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS. 6.6) Limitation of Liability. NEITHER CLEARGOV NOR CUSTOMER WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING SENTENCE. BOTH PARTIES’ TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE CUMULATIVE FEES PAID BY CUSTOMER TO CLEARGOV IN THE PRECEDING TWELVE (12) MONTHS. THE FOREGOING SHALL NOT LIMIT A PARTY'S (A) PAYMENT OBLIGATIONS UNDER THE AGREEMENT; (B) LIABILITY FOR INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.4; (C) LIABILITY FOR ANY BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7; (D) LIABILITY FOR ANY BREACH OF ITS REPRESENTATIONS, WARRANTIES, OR OBLIGATIONS UNDER SECTION 5.2; OR (E) LIABILITY FOR ITS INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHTS OF THE OTHER PARTY. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS EXCLUDING OR LIMITING A PARTY’S LIABILITY FOR FRAUD OR ITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE. 6.7) Essential Element. The provisions of this Section 6 are an essential element of the benefit of the consideration reflected in this Agreement. 7) Confidentiality. 7.1) Subject to any applicable open public records laws in the Customer State, each Party will keep the specific terms of this Agreement confidential, including the contents of the schedules and exhibits, and not disclose any portion of them to any third party (other than to its attorneys, accountants, advisors and potential investors who are bound to keep such information confidential) without the other Party’s prior written consent, except as required by law, including but not limited to open public record laws. 7.2) In addition, in connection with the negotiation and performance of this Agreement, a Party (the “Receiving Party”) may receive information from the other Party (the “Disclosing Party”) which is confidential or proprietary in nature, including without limitation information about a Party’s products, systems and services (“Confidential Information”). The Receiving Party agrees that, during the term of this Agreement and for a period of three (3) years thereafter, it will keep the Confidential Information in strictest confidence and protect such Confidential Information by similar security measures as it takes to protect its own Confidential Information of a similar nature, but in no event shall the Receiving Party take less than reasonable care with the Confidential Information of the Disclosing Party. The Receiving Party also agrees that it will not use any Confidential Information for any purpose other than in connection with the performance of its obligations under this Agreement. 7.3) The term “Confidential Information” shall not include information which A) is or becomes generally available to the public without breach of this Agreement, B) is in the possession of the Receiving Party prior to its disclosure by the Disclosing Party, C) becomes available from a third party not in breach of any obligations of confidentiality, D) is independently developed by the Receiving Party, or E) is required to be disclosed by the Receiving Party pursuant to law, rule, regulation, subpoena or court order, including but not limited to open public record laws. 7.4) The Parties recognize that the disclosure or use of a Disclosing Party’s Confidential Information by the Receiving Party in violation of the provisions of this Section 7 may cause irreparable injury to the Disclosing Party; therefore, in the event either Party breaches the provisions of this Section 7, the other Party, in addition to any other remedies it may have, shall be entitled to seek preliminary and permanent 112 ClearGov, Inc. Service Agreement ver. 02.02.23 Page 4 of 4 injunctive relief without the necessity of posting a bond. 8) Miscellaneous. 8.1) General. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to implement the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between ClearGov and Customer is one of independent contractors, not partnership, joint venture or agency. This Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the Parties hereto. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. 8.2) Entire Agreement. This Agreement and the accompanying ClearGov Service Order (s), together, constitute a valid and binding agreement between the Parties and are intended to be the Parties’ complete, integrated expression of the terms of their agreement with respect to the ClearGov Service, and any prior agreements or understandings with respect to such subject matter are superseded hereby and fully merged herein. 8.3) Assignment. Neither Party will assign this Agreement in whole or in part to any third party without the prior written consent of the other Party; provided, however, either Party may assign this Agreement without such consent to any subsidiary or parent company of such Party or to any successor by way of any merger, consolidation or other corporate reorganization of such Party or sale of all or substantially all of the assets of such Party or to an entity that assumes, by sale, license or otherwise, the business activities that are the subject of this Agreement, provided that such subsidiary or parent company or successor assumes or is otherwise fully bound by all of the obligations of the assigning Party under this Agreement. 8.4) Marketing Materials. Customer agrees that ClearGov may utilize Customer’s name solely to identify it as a ClearGov Customer on the ClearGov Web site, in client lists and other marketing materials. Any other uses of Customer’s name and/or logo (other than as included in the content and/or other items furnished to ClearGov by Customer) shall require Customer’s prior written consent. 8.5) Insurance. ClearGov shall maintain commercial general liability insurance, cybersecurity insurance, product liability insurance and auto liability insurance in amounts that are consistent with industry standards. ClearGov shall maintain Worker’s Compensation insurance as required by law. 8.6) No Boycott of Israel. ClearGov hereby certifies that ClearGov is not currently engaged in and shall not, for the duration of the Term of this Agreement, engage in a boycott of goods or services from the State of Israel; companies doing business in or with the State of Israel or authorized by, licensed by or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel. 8.7) Jurisdiction. This Agreement shall be governed by the applicable laws in the Customer State, without regard to conflict of laws rules. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in the Customer State before a panel of three arbitrators. Such arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on an award, if any, may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1- 16). 8.8) Force Majeure. If the performance of this Agreement or any obligations hereunder is prevented or interfered with by reason of fire or other casualty or accident, strikes or labor disputes, war or other violence, any law, proclamation, regulation, or requirement of any government agency, or any other act or condition beyond the reasonable control of a Party hereto, that Party upon giving prompt notice to the other Party shall be excused from such performance during such occurrence. 8.9) Notices. All notices, requests, or other communications between the Parties that are required or permitted hereunder will be in writing and will be given by: (a) delivery in person or by prepaid courier service with a nationally recognized courier company, (b) delivery by registered or certified mail, postage prepaid, return receipt requested, (c) by confirmed fax, or (d) email to the address and/or fax number set forth in the applicable ClearGov Service Order. A Party may change the street or email address or fax number to which notice is to be sent by giving written notice of such change. Notices will be deemed given when received as evidenced by verification from the courier company, the mail or confirmation of email receipt or fax confirmation. 8.10) Titles & Subtitles. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it. 113 Service Order 2 Mill & Main; Suite 630; Maynard, MA 01754 Created by Lewie Alfano Order Date Oct 24, 2024 Contact Phone (978) 870-7720 Order valid if signed by Dec 20, 2024Contact Email lalfano@cleargov.com Customer Information Customer City of Golden Valley Contact Roslyn Harmon Billing Contact Lyle Hodges Address 7800 Golden Valley Rd Title Mayor Title Finance Director City, St, Zip Golden Valley, MN 55427 Email rharmon@goldenvalleymn.gov Email lhodges@goldenvalleymn.gov Phone 763-593-8010 PO # (If any) The Services you will receive and the Fees for those Services are... Set up Services Tier/Rate Service Fees ClearGov Setup: Includes activation, onboarding and training for ClearGov solutions Tier 2 ($5,400.00) ClearGov Setup: BCM Bundle Discount - Discount for bundled BCM solutions Tier 2 ($(1,080.00) Total ClearGov Setup Service Fee - Billed ONE-TIME ($4,320.00) Subscription Services Tier Service Fees ClearGov BCM Operational Budgeting - Civic Edition Tier 2 ($14,100.00) ClearGov BCM Digital Budget Book - Civic Edition Tier 2 ($8,600.00) ClearGov BCM Bundle Discount: Discount for bundled BCM solutions Tier 2 ($(4,540.00) Total ClearGov Subscription Service Fee - Billed ANNUALLY IN ADVANCE ($18,160.00) ClearGov will provide your Services according to this schedule... Period Start Date End Date Description Setup Jan 1, 2025 Jan 1, 2025 ClearGov Setup Services Initial Jan 1, 2025 Dec 31, 2027 ClearGov Subscription Services To be clear, you will be billed as follows... Billing Date(s)Amount(s)Notes Jan 1, 2025 $4,320.00 One Time Setup Fee Jan 1, 2025 $18,160.00 Annual Subscription Fee Additional subscription years and/or renewals will be billed annually in accordance with pricing and terms set forth herein. Billing Terms and Conditions Valid Until Dec 20, 2024 Pricing set forth herein is valid only if ClearGov Service Order is executed on or before this date. Payment Net 30 All invoices are due Net 30 days from the date of invoice. Initial Period Rate Increase 3% per annum During the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. Rate Increase 6% per annum After the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. General Terms & Conditions Appropriations Customer shall have the option to terminate this ClearGov Service Order in advance of any annual renewal in the event that the applicable appropriating body does not appropriate funds for such upcoming renewal period. 114 Customer Satisfaction Guarantee During the first thirty (30) days of the Service, Customer shall have the option to terminate the Service, by providing written notice. In the event that Customer exercises this customer satisfaction guarantee option, such termination shall become effective immediately and Customer shall be eligible for a full refund of the applicable Service Fees. Statement of Work ClearGov and Customer mutually agree to the ClearGov Service activation and onboarding process set forth in the attached Statement of Work. Please note that ClearGov will not activate and/or implement services for any Customer with outstanding balance past due over 90 days for any previous subscription services. Taxes The Service Fees and Billing amounts set forth above in this ClearGov Service Order DO NOT include applicable taxes. In accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, ClearGov shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to ClearGov demonstrating Customer's exemption from such taxes. Term & Termination Subject to the termination rights and obligations set forth in the ClearGov BCM Service Agreement, this ClearGov Service Order commences upon the Order Date set forth herein and shall continue until the completion of the Service Period(s) for the Service(s) set forth herein. Each Service shall commence upon the Start Date set forth herein and shall continue until the completion of the applicable Service Period. To be clear, Customer shall have the option to Terminate this Service Order on an annual basis by providing notice at least sixty (60) days prior to the end of the then current Annual Term. Auto-Renewal After the Initial Period, the Service Period for any ClearGov Annual Subscription Services shall automatically renew for successive annual periods (each an "Annual Term”), unless either Party provides written notice of its desire not to renew at least sixty (60) days prior to the end of the then current Annual Term. Agreement The signature below affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this ClearGov Service Order and also acknowledges that you have read and agree to the terms and conditions set forth in the attached BCM Service Agreement. This Service Order incorporates by reference the terms of such BCM Service Agreement. In event of any conflict between the terms set forth in this ClearGov Service Order and any terms or conditions set forth in the ClearGov BCM Service Agreement, the terms of this ClearGov Service Order shall prevail. Customer ClearGov, Inc. Signature Signature Name Roslyn Harmon Name Bryan A. Burdick Title Mayor Title President Customer Signature Name Noah Schuchman Title City Manager Please e-mail signed Service Order to Orders@ClearGov.com or Fax to (774) 759-3045 Customer Upgrades (ClearGov internal use only) This Service Order is a Customer Upgrade No If Yes: Original Service Order Date 115 Statement of Work This Statement of Work outlines the roles and responsibilities by both ClearGov and Customer required for the activation and onboarding of the ClearGov Service. ClearGov will begin this onboarding process upon execution of this Service Order. All onboarding services and communications will be provided through remote methods - email, phone, and web conferencing. ClearGov Responsibilities - ClearGov will activate ClearGov Service subscription(s) as of the applicable Start Date(s). ClearGov will create the initial Admin User account, and the Customer Admin User will be responsible for creating additional User accounts. - ClearGov will assign an Implementation Manager (IM) responsible for managing the activation and onboarding process. ClearGov IM will coordinate with other ClearGov resources, as necessary. - ClearGov IM will provide a Kickoff Call scheduling link to the Customer’s Primary Contact. Customer should schedule Kickoff Call within two weeks after the Service Order has been executed. - If Customer is subscribing to any products that require data onboarding: - ClearGov IM will provide a Data Discovery Call scheduling link to the Customer’s Primary Contact. Customer should schedule Data Discovery Call based on the availability of Customer’s staff. - ClearGov will provide Customer with financial data requirements and instructions, based on the ClearGov Service subscription(s). - ClearGov will review financial data files and confirm that data is complete, or request additional information, if necessary. Once complete financial data files have been received, ClearGov will format the data, upload it to the ClearGov platform and complete an initial mapping of the data. - After initial mapping, ClearGov will schedule a Data Review call with a ClearGov Data Onboarding Consultant (DOC), who will present how the data was mapped, ask for feedback, and address open questions. Depending upon Customer feedback and the complexity of data mapping requests, there may be additional follow-up calls or emails required to complete the data onboarding process. - ClearGov will inform Customer of all training, learning, and support options. ClearGov recommends all Users attend ClearGov Academy training sessions and/or read Support Center articles before using the ClearGov Service to ensure a quick ramp and success. As needed, ClearGov will design and deliver customized remote training and configuration workshops for Admins and one for End Users - via video conference - and these sessions will be recorded for future reference. - ClearGov will make commercially reasonable efforts to complete the onboarding/activation process in a timely fashion, provided Customer submits financial data files and responds to review and approval requests by ClearGov in a similarly timely fashion. Any delay by Customer in meeting these deliverable requirements may result in a delayed data onboarding process. Any such delay shall not affect or change the Service Period(s) as set forth in the applicable Service Order. Customer Responsibilities - Customer's Primary Contact will coordinate the necessary personnel to attend the Kickoff and Data Discovery Calls within two weeks after the Service Order has been executed. If Customer needs to change the date/time of either of these calls, the Primary Contact will notify the ClearGov IM at least one business day in advance. - If Customer is subscribing to any products that require data onboarding: - Customer will provide a complete set of requested financial data files (revenue, expense, chart of accounts, etc.) to ClearGov in accordance with the requirements provided by ClearGov. - Customer's Primary Contact will coordinate the necessary personnel to attend the Data Discovery and Data Review calls. It is recommended that all stakeholders with input on how data should be mapped should attend. Based on these calls and any subsequent internal review, Customer shall provide a detailed list of data mapping requirements and requested changes to data mapping drafts in a timely manner, and Customer will approve the final data mapping, once completed to Customer’s satisfaction. - Customer will complete recommended on-demand training modules in advance of customized training & configuration workshops. - Customer shall be solely responsible for importing and/or inputting applicable text narrative, custom graphics, performance metrics, capital requests, personnel data, and other such information for capital budget, personnel budget, budget books, projects, dashboards, etc. 116 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.6. Approve First Amendment to Professional Services Agreement with Just Love LLC Prepared By Scarlett Gonzalez, Community Connections Specialist Summary The City of Golden Valley is moving forward with a reconfiguration of the Expanded Response contract with Just Love, LLC to better align with the City’s ongoing commitment to improving public safety through collaborative, community-led solutions. This amended contract narrows the focus to ensure that community input directly informs the future structure and approach of the Expanded Response model. The updated agreement reflects the City’s ongoing dedication to inclusivity that prioritizes community engagement and addresses the evolving needs of residents. Financial or Budget Considerations This contract is funded through the Pohlad Family Foundation's Reducing Harm through Collaborative Solutions grant. The proposed amendment reduces the contract amount by $45,000. The remaining funds will be repurposed for other grant qualifying work. Legal Considerations This agreement was reviewed and approved by the City Attorney. Equity Considerations A key component of this project amendment is its emphasis on equity and inclusivity. The City conducted an initial comprehensive Request for Proposals (RFP) process to ensure that the selection of contractors and partners was competitive, transparent, and aligned with the City’s values. Additionally, an inclusive interview process was implemented to ensure diverse perspectives and voices were represented throughout the decision-making process. The amended project now emphasizes community leadership and active participation. By integrating public input alongside the expertise of public safety professionals, the project adopts best practices for ensuring that public safety measures are responsive to the unique needs of the community. This collaborative approach is expected to foster stronger relationships between residents and public safety teams, while creating solutions that are more sustainable and better tailored to the needs of the community. The reconfigured contract is a significant step forward in ensuring that public safety in Golden Valley is both community-driven and professionally informed. 117 Recommended Action Motion to Approve First Amendment to Professional Services Agreement with Just Love LLC. Supporting Documents Amendment to Just Love PSA 118 Page 1 of 6 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF GOLDEN VALLEY & JUST LOVE LLC THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & JUST LOVE LLC.(“FirstAmendment”) is made effective as of December 17, 2024 (the “Amendment Effective Date”) by and between the City of Golden Valley (the “City”) and JUST LOVE LLC (“Contractor”). RECITALS WHEREAS, the City and Contractor are parties to a Professional Services Agreement, dated August 7, 2024 (the “Agreement”); and WHEREAS, the parties desire to modify the Agreement as provided herein; and WHEREAS, under the Agreement, upon the mutual written agreement of the City and Contractor, the terms of the Agreement may be modified; and WHEREAS, the parties wish to amend the Agreement as set forth below. AGREEMENT The parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1.Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2.Extension of Term. The term of the Agreement shall be extended, and the Agreement shall continue in effect until June 1, 2025. 3.Exhibits. a. Exhibit A to the Agreement is replaced in its entirety with the attached Amended Exhibit A. b. Exhibit B to the Agreement is replaced in its entirety with the attached Amended Exhibit B. 4.Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 5.Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, 119 Page 2 of 6 collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed: CONTRACTOR By: __________________________________ Terrell Johnson, Founder Signed: CITY OF GOLDEN VALLEY, a Minnesota municipal corporation By ________________________________ Roslyn Harmon, Mayor By ________________________________ Noah Schuchman, City Manager 120 Page 3 of 6 AMENDED EXHIBIT A SCOPE OF WORK, TIMELINE, BUDGET Updated Deliverables 1.Community Engagement Plan Just Love will develop a detailed Community Engagement Plan to guide their efforts. The plan will include: o Objectives: Clear goals for the three community events, focusing on gathering meaningful input on expanded response efforts for a set number of incident types. o Event Design: A detailed plan for each of the three events, including formats, activities, and strategies to maximize inclusive participation from diverse community members. o Target Audiences: Identification of the key community groups, including underrepresented populations, and strategies for outreach to ensure broad representation. o Engagement Tools: Tools or methods to facilitate feedback collection (e.g., surveys, focus groups, interactive workshops). o Timeline and Logistics: A timeline for planning and executing the three events, including dates, venues, and key milestones that is in alignment with our upon project timeline. o Sample Reports: Two examples of past reports from similar projects for the City to review and select the preferred format/model. 2.Community Engagement Events o Event Requirements: Events must facilitate the collection of community input on specific incident types relevant to expanded response. Activities should encourage honest, actionable feedback and participation from attendees. Translation, interpretation, and accessibility services must be provided where necessary to ensure inclusivity. o Data Collection: Capture detailed community input, including verbal comments, written feedback, and demographic information. Record observations on key themes or challenges raised during the events. 3.Reporting Just Love will submit one report to our expanded response team summarizing the outcomes of their engagement efforts and data collection. At a minimum the report must include the following elements: o Thematic Analysis and Insights Report: A synthesized and organized analysis of the raw data with themes identified. 121 Page 4 of 6 Insights and key takeaways that align with the project goals. Recommendations informed by the community’s input to guide expanded response strategies. Visualizations (e.g., charts, graphs) to highlight findings where appropriate. 4.Community Feedback Reporting Sessions o Goals: Share findings with the community to validate insights and ensure transparency. o Session Format: Design sessions to include: A presentation of findings using accessible language and visuals. Opportunities for additional feedback or clarification from community members. o Documentation: Collect feedback during these sessions for potential incorporation into the final recommendations. 5.Project Timelines and Coordination o Regular check-ins with Community Connections Specialist to ensure alignment and adjust plans as needed. 122 Page 5 of 6 AMENDED EXHIBIT B SCOPE OF WORK, TIMELINE, BUDGET Amendment to Contract Price. In consideration for the services provided as described herein, the compensation set forth in Exhibit A of the Agreement is hereby amended as follows. Month Deliverable Milestone Payments* November Meeting with Project Director and Team – Understanding new timeline for expanded response One (1) Check-In Meetings with Community Connection Specialist Start Community Engagement Plan Payment of $3,000.00 upon completion of all November deliverables stated herein. December Planning Phase: Submit community engagement plan (on or before December 13, 2024) Pre-Planning Phase for Three (3) Community Events Meetings with communications team to finalize a communications plan (can be virtual) Meet with Fire and Police Minimum of Two (2) Check-In Meetings with Community Connection Specialist (virtual) Payment of $9,500.00 upon completion of all December deliverables stated herein. January Planning for Three (3) Community Events Meetings with communications team to continue communications plan (can be virtual) Minimum of Two Check-In Meetings with Community Connections Specialist (virtual) 1/6/25: Attend data meeting (in person) Payment of $9,500.00 upon completion of all January deliverables stated herein. February Ideate Phase: Community engagement to ideate expanded response solutions to selected call types 2/10/25: Attend Call type Selection Meeting (in person) Community sessions between 2/17/25 – 3/10/25 Community Session #1 Community Session #2 Minimum of Two Check-In Meetings with Community Connection Specialist – Informal Report on Sessions (virtual) Payment of $9,500.00 upon completion of all February deliverables stated herein. March Community Session #3: Beginning of March Reporting Phase: Create presentation and final report to report back to the larger group Payment of $9,500.00 upon completion of all March deliverables stated herein. 123 Page 6 of 6 Minimum of Two Check-In Meetings with Community Connection Specialist (virtual) April 4/7/25: Attend – Ideation selection meeting (in person) Reports information selection back to community Ideation Minimum of Two Check-In Meetings with Community Connection Specialist (virtual) Payment of $9,500.00 upon completion of all April deliverables stated herein. May 5/5/25: Attend Final Recommendation Meeting (in person) Just Love Reporting back to community Minimum of Two Check-In Meetings with Community Connection Specialist (virtual) Payment of $9,500.00 upon completion of all May deliverables stated herein. June Standby No additional payment *Milestone Payments –Consultant shall invoice for Milestones described in this table upon completion and the City shall make payments in accordance with paragraph 3 “Consideration” of the Agreement. Total Not to exceed $60,000 124 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3C.7. Approve Purchase of Axon Taser Bundle for the Golden Valley Police Department Prepared By Brittany Froberg, Police Support Services Supervisor Virgil Green, Chief of Police Summary Tasers have been instrumental in our efforts to provide officers with less lethal force option when they encounter a combative subject. The Golden Valley Police Department in 2017 purchased twenty seven tasers (27) from AXON Enterprise Inc. Those tasers have an average expectancy of five (5) years. Our current equipment is eight (8) years outside of their operational service plan. The Golden Valley Police Department is requesting authorization to purchase thirty one (31 ) Axon Taser 10 conducted energy weapons (CEW) with battery packs, for thirty one (31) officers, smart cartridges, and data port download kit from Axon Enterprises, Inc. This package plan includes five (5) full years of replacement/ warranty coverage, unlimited training/ duty cartridges, and unlimited training. This is a purchasing program and not a lease. The Taser 10 Certification Plan carries a one- time cost of $161.031.63 that is paid out over a five year period. Financial or Budget Considerations After meeting with the City's Finance Department Manager, this cost will not impact the agency's overall budget for 2024. Legal Considerations In addition to the terms stated on the attached quote, legal staff reviewed the terms and conditions referenced in the quote. The City Attorney provided a summary of the relevant terms to GVPD Command staff so that they may monitor compliance with the contract. Equity Considerations This has been submitted for legal consideration. Recommended Action Motion to approve the purchase of the Axon taser bundle for the Golden Valley Police Department. Supporting Documents Axon_Taser_Bundle 125 126 127 128 Mayor, Roslyn Harmon ______________________________ Date ______________ ______________________________ City Manager, Noah Schuchman ______________ Date 129 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3D.1. Adopt Resolution No. 24-080 Authorizing Application for the MnDOT Safe Routes to School Planning Assistance Grant Prepared By Michael Ryan, City Engineer Caleb Brolsma, Assistant City Engineer; Jacquelyn Kramer, Senior Planner Summary The Minnesota Department of Transportation (MnDOT) has $400,000 available in planning assistance through its Safe Routes to School (SRTS) program. This program is intended for communities across Minnesota to evaluate current pedestrian facilities and identify pedestrian realm improvements that will create safer and more accessible commuting environments to local schools. SRTS planning typically includes: Regular meetings of a dedicated workgroup (SRTS Team). This group is comprised of City staff and caregivers/staff from local schools who are invested in supporting students in commuting to school by walking, biking, or rolling Establishing a vision statement and/or list of goals, a summary of existing conditions, and engagement with caregivers and students, Identification of equity gaps, barriers to implementation, and prioritization strategies, Creation of an action plan that identifies lead personnel, timeframes, and potential funding sources associated with each implementation strategy. The scope of an SRTS plan evaluates City infrastructure, City and School policies, and education/outreach techniques to engage communities. While up to $400,000 in funding is available through this program, MnDOT provides planning services and does not directly fund grant recipients. There is no minimum or maximum grant award under MnDOT's RFP, and no local funding match is required. An SRTS plan evaluates City infrastructure, City and School policies, and education/outreach techniques to engage communities. While up to $400,000 in funding is available through this program, MnDOT provides planning services and does not directly fund grant recipients. There is no minimum or maximum grant award under MnDOT's RFP, and no local funding match is required. Grant applications are due by January 17, 2025. MnDOT will notify the City whether grant support is awarded by March 2025. The planning process timeline is scheduled between August 2025 and June 2026. 130 Financial or Budget Considerations This grant does not require a local match. There is no minimum or maximum grant award. Previous year (2024-2025) metropolitan area grant recipients included 11 communities who were recommended for $456,800 in grant support. Funding distribution ranged from $30,200 to $54,100 for these communities. Legal Considerations Staff will work with the City Attorney to review draft grant agreements following receipt from MnDOT. These items will be submitted for City Council consideration at that time, anticipated in Q1/Q2 of 2025. Equity Considerations The MnDOT SRTS Planning Grant 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 reduce social and environmental disparities related to public safety and education, improving City services for communities most impacted by inaccessible or challenging routes to school. City staff are committed to working closely with the Community Engagement Specialist and the Equity Manager to lead with an equity-based approach. The City will prioritize diverse, equitable, and inclusive community engagement to include multiple perspectives in the planning and implementation process, and to ensure we are responsive to the community's needs. Recommended Action Motion to Adopt Resolution No. 24-080 Authorizing Application for the MnDOT Safe Routes to School Planning Assistance Grant. Majority vote needed. Supporting Documents Resolution No. 24-080 - Authorizing Application for MnDOT SRTS Planning Grant 131 RESOLUTION NO. 24-080 A RESOLUTION AUTHORIZING APPLICATION FOR THE MINNESOTA DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PLANNING ASSISTANCE GRANT WHEREAS, funding is available from the Minnesota Department of Transportation through its Safe Routes to School Program to help youth safely and confidently walk, bike, and roll to school; and WHEREAS, pedestrian safety, education, and accessibility are paramount to community wellbeing, and the City of Golden Valley is committed to planning and implementing improvements to support a healthy pedestrian environment. 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 Department Planning Grant Application for Safe Routes to School. Passed by the City Council of the City of Golden Valley, Minnesota this 17th day of December, 2024. _____________________________ Roslyn Harmon, Mayor Attested: _______________________ Theresa Schyma, City Clerk 132 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3D.2. Adopt Resolution No. 24-081 - Closeout of American Rescue Plan Act Grant Projects Prepared By Lyle Hodges, Finance Director Summary The City of Golden Valley received $2,391,751 from the American Rescue Plan Act Funds (ARPA). Through May of 2023, the City allocated a majority of the funds as noted in the list below. This resolution will allocate the remaining balance of funds, plus the accumulated investment earnings on those funds to the projects noted below. Previous Allocations: 2021 - $15,000 to Discover St. Louis Park 2021 - $5,000 to Golden Valley Historical Society 2021 - $207,955 to Brookview Facility 2022 - $50,000 to PRISM 2022 - $142,906 to DMV 2022 - $149,090 to Brookview Facility 2022 - $70,000 to Public Safety Technology Improvements 2022 - $75,000 to Equity and Outreach 2023 - $60,000 to Community Connections and Outreach Specialist 2023 - $50,000 to PRISM Current and Final Allocation: 2024/2025: $805,000 to TH 55 Lift Station 2024/2025: $750,000 to Zane and Lindsay Water Infrastructure 2024: $200,314 to General Fund Revenue Replacement Financial or Budget Considerations All projects spending over $10,000 need Council approval per federal guidelines. Legal Considerations The allocation follows City and Federal program requirements and guidelines. Equity Considerations The use of funds will help provide funding for projects that will help all Golden Valley residents. 133 Recommended Action Motion to adopt Resolution No. 24-081 allocating American Rescue Plan Act (ARPA) funds for $750,000 to the Zane and Lindsay Avenue project, $805,000 to the TH 55 Lift Station Project, and $200,314.06 to General Fund for revenue replacement. Supporting Documents Resolution No. 24-081 - Allocating Remaining American Rescue Plan Funds 134 RESOLUTION NO. 24-081 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR $805,000 TO TH 55 LIFT STATION, $750,000 TO ZANE and LINDSAY WATER INFRASTRUCTURE, AND $200,314 TO GENERAL FUND REVENUE REPLACEMENT WHEREAS,the City of Golden Valley has been allocated American Rescue Plan Act (ARPA) Monies; and WHEREAS,the transfer of monies to capital projects funds to pay for portions of the TH 55 Lift Station and Zane and Lindsay Water Infrastructure projects; and WHEREAS,the transfer to the General Fund will help offset lost revenue related to pandemic impacted operations. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that grant funds will be used for those allowed expenditures by the US Treasury. Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 135 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3D.3. Adopt Resolution No. 24-082 Accepting a Donation from the Crime Prevention Fund for Entertainment at the Trunk-or-Treat Event Prepared By Lyle Hodges, Finance Director Summary The Crime Prevention Fund donated $650 to the City to cover the cost of entertainment at the Trunk- or-Treat event hosted by Public Safety in October. Financial or Budget Considerations This payment reimburses the City for costs incurred, so the impact is budget neutral. Legal Considerations This donation acceptance request is in accordance with State law and City policy. Equity Considerations As with all financial transactions, the City seeks to incorporate an equity lens when deciding how to spend public funds. Recommended Action Motion to adopt Resolution No. 24-082 accepting a donation of $650 from the Crime Prevention Fund to cover the cost of entertainment at the Trunk-or-Treat event. Supporting Documents Resolution No. 24-082 - Accepting Donation from Crime Prevention Fund 136 RESOLUTION NO. 24-082 RESOLUTION ACCEPTING THE DONATION OF $650 FROM THE CRIME PREVENTION FUND WHEREAS, the City Council adopted Resolution No. 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: $650 from the Crime Prevention Fund for the cost of entertainment at the Trunk-or- Treat event hosted by public safety staff. Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 137 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3D.4. Adopt Resolution No. 24-083 Accepting Donations of Ongoing Programs Prepared By Lyle Hodges, Finance Director Summary This resolution is for acceptance of donations received throughout the year for ongoing programs that are approved at year end. The period collected is from December 11, 2023 through December 11, 2024. Two reports are attached including the donations received for the Noah Joynes Youth Recreation Fund and those received for the Community Services Commission. Financial or Budget Considerations Funds will be held and used for approved purposes in 2025. Legal Considerations The donations are legally acceptable for the programs noted above. Equity Considerations The donations are accepted and allocated to organizations that help the residents of Golden Valley. Recommended Action Motion to adopt Resolution No. 24-083 accepting donations for ongoing programs. Supporting Documents Resolution No. 24-083 - Accepting Donations for Ongoing Programs Exhibit A - Donations to GV Community Services Commission 12-11-2023 thru 12-11-2024 Exhibit B - Donations to Noah Joynes Youth Recreation Fund 12-11-2023 thru 12-11-2024 138 RESOLUTION NO. 24-083 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS WHEREAS,the City Council adopted Resolution No. 04-20 on March 16, 2004, which amended the Donation/Gift policy and amended with Resolution No. 20-44 on July 7, 2020 adding the Noah Joynes Youth Recreation fund; 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; and WHEREAS,a detailed report of cash donations sent to the Golden Valley Community Services Commission from 12/11/2023 through 12/11/2024 are attached as Exhibit A for a total of $9,298.50; and WHEREAS,a detailed report of cash donations sent to the Noah Joynes Youth Recreation Fund from 12/11/2023 through 12/11/2024 are attached as Exhibit B for a total of $3,960.00. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley: 1. Accepts $13,258.50 in donations on behalf of the community to be held and used for approved purposes in 2025 for the Golden Valley Community Services Commission and Noah Joynes Youth Recreation Fund. 2. Receives and accepts the detailed reports of cash donations attached hereto as: Exhibit A - Donations to the Community Services Commission (12/11/2023 through 12/11/2024) Exhibit B - Donations to Noah Joynes Youth Recreation Fund (12/11/2023 through 12/11/2024) 3. Extends their heartfelt gratitude to the community members, businesses, and organizations who generously donated to programs that help bridge the gap for human service needs in the community and provide financial support for youth to participate in recreational and educational activities, programs, athletics, lessons, and events in a safe, supportive, and positive environment. Adopted by the City Council of Golden Valley,Minnesota this 17th day of December, 2024. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 139 Page: 1 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/11/2023 186635 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Minhba Hoang 12/11/2023 186636 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Hans & Kelly Kabat 12/11/2023 186637 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Bruce Anderson 12/11/2023 186638 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Mary Ann Campbell 12/11/2023 186641 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Joe & Becky Pitzl 12/13/2023 186801 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Mariann Nelson 12/13/2023 186802 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Jim & Mary Sanford 12/13/2023 186803 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Daniel Swain 12/13/2023 186805 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Kelly Sanches 12/13/2023 186814 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Charlie Meyers 12/13/2023 186816 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Dennis From 12/13/2023 186817 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Sally Ruff 12/13/2023 186818 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Stephanie Robinson 12/13/2023 186820 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Harold & Lillian Berman 12/13/2023 186821 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Donald Nadreau 12/13/2023 186822 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Janel & Michael Carr 12/13/2023 186823 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Roxy Benthin 12/13/2023 186825 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Michelle Pelzek 12/13/2023 186826 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Pauline Siepka 12/13/2023 186827 Kwiinikainen 1 150.00 0.00 0.00 150.00 Name Anthony La Plante 12/13/2023 186828 Kwiinikainen 1 500.00 0.00 0.00 500.00 Name James Uttley City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm140 Page: 2 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/13/2023 186829 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Judy Kauffman 12/13/2023 186830 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Virginia Hauke 12/14/2023 186908 WWW 1 50.00 0.00 0.00 50.00 Name Jessica Swenson 12/14/2023 186928 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Gregory Bordon 12/14/2023 186929 Kwiinikainen 1 35.00 0.00 0.00 35.00 Name Dan Johnson 12/15/2023 187027 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Donna Godejohn 12/15/2023 187028 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Nina & Anthony DeAngelis 12/15/2023 187029 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Suzann Swaggert 12/15/2023 187030 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Donovan Juliar 12/15/2023 187043 WWW 1 10.00 0.00 0.00 10.00 Name Marcus Lee 12/16/2023 187109 WWW 1 20.00 0.00 0.00 20.00 Name Pamela Doorenbos 12/18/2023 187380 dostdiek 1 50.00 0.00 0.00 50.00 Name Steven Schmidgall 12/18/2023 187403 WWW 1 25.00 0.00 0.00 25.00 Name Jack Zouber 12/18/2023 187434 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Karen Lindgren 12/18/2023 187435 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Consemius family 12/18/2023 187437 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Alan Whidby 12/18/2023 187439 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Tom & Kathy Skalitzky 12/18/2023 187440 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Corby Koehler 12/19/2023 187516 dostdiek 1 30.00 0.00 0.00 30.00 Name Steven Collin 12/19/2023 187517 dostdiek 1 50.00 0.00 0.00 50.00 Name David Kuball 12/19/2023 187518 dostdiek 1 30.00 0.00 0.00 30.00 City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm141 Page: 3 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees Name Andom Haile GVHSF Donation 12/20/2023 187593 WWW 1 25.00 0.00 0.00 25.00 Name Scott Weisberg 12/20/2023 187664 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Steven Shapiro 12/21/2023 187780 dostdiek 1 100.00 0.00 0.00 100.00 Name Philip & Donna Loveless 12/21/2023 187781 dostdiek 1 50.00 0.00 0.00 50.00 Name Gerald Martinson 12/21/2023 187782 dostdiek 1 30.00 0.00 0.00 30.00 Name James & Mary Sherburne 12/22/2023 187921 dostdiek 1 30.00 0.00 0.00 30.00 Name Neal & Kathy Scharmer 12/22/2023 187922 dostdiek 1 30.00 0.00 0.00 30.00 Name Stephen Presavento 12/22/2023 187924 dostdiek 1 20.00 0.00 0.00 20.00 Name Catherine McIntire 12/24/2023 188060 WWW 1 100.00 0.00 0.00 100.00 Name Marilyn and Martin Lipschultz 12/27/2023 188248 dostdiek 1 50.00 0.00 0.00 50.00 Name Thomas & Julie Theiringer 12/27/2023 188249 dostdiek 1 100.00 0.00 0.00 100.00 Name Robert & Marg Shaffer 12/27/2023 188250 dostdiek 1 50.00 0.00 0.00 50.00 Name Maria & Thomas Tierney 12/28/2023 188431 dostdiek 1 100.00 0.00 0.00 100.00 Name Emily Widstrand 12/28/2023 188472 WWW 1 30.00 0.00 0.00 30.00 Name Sandra Beaupre 12/31/2023 188950 WWW 1 50.00 0.00 0.00 50.00 Name Penny Thompson-Burke 12/31/2023 188952 WWW 1 250.00 0.00 0.00 250.00 Name Eric and Laura Kehrberg 01/02/2024 189212 dostdiek 1 30.00 0.00 0.00 30.00 Name Trudy Hoag 01/02/2024 189213 dostdiek 1 20.00 0.00 0.00 20.00 Name Terrence Price 01/02/2024 189215 dostdiek 1 30.00 0.00 0.00 30.00 Name Joan Dorman 01/02/2024 189217 dostdiek 1 50.00 0.00 0.00 50.00 Name Judith Gerhardt City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm142 Page: 4 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 01/02/2024 189218 dostdiek 1 25.00 0.00 0.00 25.00 Name Susan Forster 01/02/2024 189220 dostdiek 1 50.00 0.00 0.00 50.00 Name Michelle Banta & Matt Davies 01/02/2024 189256 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Sam and Cecilia Salas 01/02/2024 189258 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Gloria Smith 01/04/2024 189534 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Leni Broadhurst 01/04/2024 189536 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Steve Pincus & Michelle Strangis 01/05/2024 189708 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Phyllis Harris 01/08/2024 190384 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Sarah Anderson 01/11/2024 190729 dostdiek 1 36.00 0.00 0.00 36.00 Name Janet & Luke Weisberg 01/19/2024 191697 dostdiek 1 25.00 0.00 0.00 25.00 Name Tami Smith & Stephen Elias 01/25/2024 192537 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Jean & Allen Beach 01/26/2024 192764 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Mr. and Mrs. William Sahly 01/30/2024 193317 dostdiek 1 25.00 0.00 0.00 25.00 Name Elaine Hagen 02/06/2024 193988 dostdiek 1 30.00 0.00 0.00 30.00 Name Steven Durben & Mary Quirk 02/06/2024 193989 dostdiek 1 100.00 0.00 0.00 100.00 Name Harvey Helmin 02/06/2024 194002 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name LPL Financial 02/08/2024 194136 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Stephanie Landmark 02/22/2024 195695 dostdiek 1 50.00 0.00 0.00 50.00 Name Joseph Leverone 03/16/2024 197919 WWW 1 0.00 0.00 0.00 0.00 Name Madison 04/04/2024 200439 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Luverne Erickson 04/12/2024 201190 dostdiek 1 20.00 0.00 0.00 20.00 Name Ramkaran Lakhan City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm143 Page: 5 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 04/16/2024 201395 Kwiinikainen 1 75.00 0.00 0.00 75.00 Name Steve and Bonnie Heller 05/02/2024 202961 dostdiek 1 360.00 0.00 0.00 360.00 Name Debra Rappaport / In honor of Shep 05/28/2024 204309 dostdiek 1 50.00 0.00 0.00 50.00 Name Emmett Carpel 06/18/2024 205879 dostdiek 1 500.00 0.00 0.00 500.00 Name Steven Savitt 06/21/2024 206232 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Ruth Paradise 11/05/2024 215479 Kwiinikainen 1 1,000.00 0.00 0.00 1,000.00 Name Peggy Leppik 11/20/2024 217013 WWW 1 100.00 0.00 0.00 100.00 Name Lisa Roden 11/22/2024 217203 dostdiek 1 177.50 0.00 0.00 177.50 Name Janice Hetland 12/02/2024 218227 WWW 1 25.00 0.00 0.00 25.00 Name Jack Zouber 12/02/2024 218235 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Robert Korstad 12/02/2024 218236 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Douglas & Patricia Spaulding 12/02/2024 218238 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name David Grote 12/03/2024 218268 WWW 1 500.00 0.00 0.00 500.00 Name Denise La Mere-Anderson 12/03/2024 218329 WWW 1 25.00 0.00 0.00 25.00 Name Isa Flaherty 12/04/2024 218405 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Susan & Rich Miller 12/04/2024 218407 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Steven Shapiro 12/04/2024 218408 Kwiinikainen 1 40.00 0.00 0.00 40.00 Name Dan & Julie Johnson 12/04/2024 218409 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Phil Weber 12/04/2024 218410 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Micki Herman Kay and Dr. Neil Kay 12/04/2024 218411 Kwiinikainen 1 75.00 0.00 0.00 75.00 Name David & Wanda Cline 12/04/2024 218412 Kwiinikainen 1 150.00 0.00 0.00 150.00 City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm144 Page: 6 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees Name Stuart Naber GVHSF Donation 12/04/2024 218413 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Donovan Juliar 12/05/2024 218475 dostdiek 1 50.00 0.00 0.00 50.00 Name Greg Bordon & James Faust 12/05/2024 218492 dostdiek 1 30.00 0.00 0.00 30.00 Name Heather Bjork 12/05/2024 218493 dostdiek 1 20.00 0.00 0.00 20.00 Name Delphine Arme 12/05/2024 218494 dostdiek 1 20.00 0.00 0.00 20.00 Name Judith Kauffman 12/05/2024 218495 dostdiek 1 30.00 0.00 0.00 30.00 Name Kathy Watkins 12/05/2024 218498 dostdiek 1 100.00 0.00 0.00 100.00 Name jEAN bEACH 12/05/2024 218499 dostdiek 1 40.00 0.00 0.00 40.00 Name David & Rita Jelle 12/05/2024 218500 dostdiek 1 20.00 0.00 0.00 20.00 Name Pierre Girard 12/05/2024 218501 dostdiek 1 100.00 0.00 0.00 100.00 Name Carolyn Fiterman 12/05/2024 218502 dostdiek 1 100.00 0.00 0.00 100.00 Name James & Kathleen Johnson 12/05/2024 218503 dostdiek 1 5.00 0.00 0.00 5.00 Name Anonymous 12/06/2024 218556 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Mr. and Mrs. John Olinger 12/06/2024 218558 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Joan Dorman 12/06/2024 218559 Kwiinikainen 1 5.00 0.00 0.00 5.00 Name John Toohey 12/06/2024 218560 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Barbara Anderson 12/06/2024 218561 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Thomas & Kathryn Skalitzky 12/06/2024 218562 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Sue Anderson 12/09/2024 218770 WWW 1 30.00 0.00 0.00 30.00 Name Steven Blehert 12/09/2024 218790 dostdiek 1 10.00 0.00 0.00 10.00 Name Jean Rose City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm145 Page: 7 of 7 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/09/2024 218792 dostdiek 1 50.00 0.00 0.00 50.00 Name Nancy Haik 12/09/2024 218794 dostdiek 1 30.00 0.00 0.00 30.00 Name Elaine Reiss 12/09/2024 218796 dostdiek 1 100.00 0.00 0.00 100.00 Name Dennis & Valerie Dahlman 12/09/2024 218799 dostdiek 1 50.00 0.00 0.00 50.00 Name Martin Virshek 12/09/2024 218803 dostdiek 1 20.00 0.00 0.00 20.00 Name Glen Eiden 12/09/2024 218805 dostdiek 1 30.00 0.00 0.00 30.00 Name Susan Berns 12/09/2024 218829 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Paul Sortland & Carolyn Anderson 12/09/2024 218830 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Bruce Anderson 12/09/2024 218834 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Lizabeth Marshall 12/09/2024 218835 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Norman Wilsman 12/09/2024 218836 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name David Beeson 12/10/2024 218897 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Daniel Makey 9,298.50 0.00 0.00 136 9,298.50 Report Grand Totals 9,298.50 0.00 0.00 136 9,298.50 Report Summary Totals Total Transactions: 136 Service Items with a Transaction: 1 City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm146 Page: 1 of 1 GVHSF Donations - Names only Service Item Date Receipt #User Quantity Fee Amt Disc Amt Tax Amt Net Fees Tax Deductible Donation For Noah Joynes 12/13/2023 186799 dostdiek 1 100.00 0.00 0.00 100.00 Name John & Cathy Cornelius 12/16/2023 187142 WWW 1 200.00 0.00 0.00 200.00 Name Don Taylor 02/14/2024 194775 dostdiek 1 360.00 0.00 0.00 360.00 Name Fred & Leslie Knight 02/15/2024 194849 dostdiek 1 1,000.00 0.00 0.00 1,000.00 Name Gotta Go Gotta Throw 03/08/2024 197155 dostdiek 1 50.00 0.00 0.00 50.00 Name LeAnn Anderson 03/16/2024 197919 WWW 1 0.00 0.00 0.00 0.00 Name Madison 11/12/2024 216221 dostdiek 1 2,150.00 0.00 0.00 2,150.00 Name John & Karen Ostrom 12/06/2024 218551 dostdiek 1 100.00 0.00 0.00 100.00 Name John & Cathy Cornelius 3,960.00 0.00 0.00 8 3,960.00 Report Grand Totals 3,960.00 0.00 0.00 8 3,960.00 Report Summary Totals Total Transactions: 8 Service Items with a Transaction: 1 City of Golden Valley User: svansloun Run Date/Time: 12/11/2024 @ 3:37 pm147 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3E. Receive and File the User Experience Framework Plan Prepared By Christine Costello, Housing & Economic Development Manager Summary At the November 12th City Council work session Van Meter Williams Pollack LLP and Toole Design, the consultants for the User Experience Framework Plan (Downtown Study) provided a presentation of the proposed plan and implementation guide for the development and redevelopment of downtown Golden Valley. Based on feedback from City Council the consultant added feedback from the work session to the Plan that included: Temporary placemaking/public art opportunities at the existing bridge over Highway 55/Golden Valley Road Name Perpich Center for Arts Education as a local arts resource/potential partner References to Bassett Creek should include its indigenous name, Haha Wakpadan The final User Experience Framework Plan can be found on the City's website at, https://www.goldenvalleymn.gov/793/Streetscape-And-Wayfinding-Framework under the engagement timeline section of the webpage. Financial or Budget Considerations The implementation steps included in this plan will require incorporation into future City budgeting and strategic planning discussions. Legal Considerations The consultants utilized for this work were procured through Hennepin County's consultant pool because this work was supported by a Hennepin County planning grant. Professional Service Agreements were reviewed by the City Attorney prior to execution. Equity Considerations Access and transparency were critical to this project. All program flyers were translated into Spanish and Russian and every effort to engage with marginalized populations were adhered to during the public engagement process. The intent of the project provides an implementation guide for future development and redevelopment efforts in downtown Golden Valley to make it accessible to everyone whether visiting by car, transit, or walking. 148 Recommended Action Motion to receive and file the User Experience Framework Plan. 149 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session December 17, 2024 Agenda Item 3F. Approval of Legislative Priorities for 2025 Prepared By Noah Schuchman, City Manager Summary The City Council reviews its legislative priorities in preparation for the year. Council discussed the 2025 legislative priorities and the December 10 work session and directed staff to list the City's legislative priorities as follows: KEY PRIORITY Support Bond Allocation For East Fire Station OTHER PRIORITIES Ensure State Financial Support To All Cities Support Sales Tax Exemption On Local Purchases Support Funding For Affordable And Workforce Housing Support Funding For Highway 55 Improvements Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects Support Funding For Metropolitan Council Inflow/Infiltration Grants—Public And Private Improvements Support City Authorization Of Fees For Broadband In ROW Financial or Budget Considerations Items on the priority list would have financial or budget impacts depending on the level of state funding and engagement. Legal Considerations Legal review is not required for this item. Equity Considerations When considering Federal and State legislative priorities, the Council ensures those priorities are consistent with the City's Equity Plan . Recommended Action Motion to approve the 2025 legislative priorities. 150 Supporting Documents Legislative Priorities Summary 2025 151 2025 2025 Legislative Priorities OTHER PRIORITIES Ensure State Financial Support To All Cities Support Sales Tax Exemption On Local Purchases Support Funding For Affordable And Workforce Housing Support Funding For Highway 55 Improvements Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects Support Funding For Metropolitan Council Inflow/Infiltration Grants—Public And Private Improvements Support City Authorization Of Fees For Broadband In ROW KEY PRIORITY Support Bond Allocation For East Fire Station The City of Golden Valley has requested and received funding for Phase 1–site acquisition and due diligence–for the new East Fire Station. The City subsequently submitted for Phase 2 funding that would include the construction of the fire station. More Information For more information, contact Golden Valley City Manager Noah Schuchman at 763-593-8003 or nschuchman@goldenvalleymn.gov, or visit www.goldenvalleymn.gov. details on next page... 152 2025 2025 CAPITAL INVESTMENT REQUEST PROJECT YEAR COST STATE FUNDING Land Acquisition/Relocation 2025 $ 4 M $ 3.127 M (allocated 2023) Project Management 2025 $ 1 M – Construction 2026– 2027 $14 M $6.3 M (current request) Total $19 M $9.5 M Schedule And Costs The cost for land acquisition, reloca- tion, project management, and con- struction is $6.3 million (see chart), which will be financed with a bonding bill. The City will provide the appropri- ate match. EAST FIRE STATION PROJECT - $6.3 MILLION The City of Golden Valley requests $6.3 million in bonding funds to invest in a new east fire station to better serve the community and provide a regional resource for mutual aid response and training opportunities. Golden Valley’s central first-ring suburb location with direct access to four major freeways puts it in a unique position to assist other communities with emergency response services. Golden Valley’s commercial/in- dustrial base brings an additional 30,000 people from across the metro into the city on workdays who also use public safety ser- vices. Golden Valley’s three aging fire stations are outdated, undersized for equipment and function, and do not allow for modern firefight- ing operations and 24/7 duty crew staffing. PROJECT SUMMARY & NEEDS To ensure long-term resiliency of the fire department and its operations, the City of Golden Valley propos- es consolidating two remote fire stations into one new east fire station and maintaining a headquarters station in the downtown Public Safety building. Since the downtown station provides optimal coverage for the west side of the city, a main priority is locating the second station in a central, strategic location Larger, modern fire equipment is a tight fit in the current buildings, and firefighters must dress adjacent to moving vehicles, where they are exposed to carcinogens from vehicle exhaust. Firefighting and rescue equipment is packed in the garages, allowing little room to maneuver and often requiring pieces to be moved before others can be accessed. Firefighting gear is crammed into limited storage areas, and inadequate locker room space lacks gender-equitable amenities (left is men’s and right is women’s, Station 2). 153 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3G. Approve 2025 City Calendar and Meeting Dates Prepared By Elinorah Sinyembo, Executive Assistant Summary Annually, the City Council approves the calendar for the upcoming year. Listed below are the meeting dates that have been moved to accommodate conflicts: Tue, June 3rd City Council Meeting and HRA Meeting moved to Wed, June 4th (Shavuot) Tue, Aug 5th City Council Meeting and HRA Meeting moved to Wed, Aug 6th (National Night Out) Tue, Nov 4th City Council Meeting and HRA Meeting moved to Wed, Nov 5th (Election Day) Tue, Nov 11th City Council Work Session and HRA Work Session moved to Wed, Nov 12th (Veterans' Day) Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to approve the 2025 dates for the City calendar. Supporting Documents 2025 City Calendar 154 2025 2025 1 Council Meeting 1 HRA Meeting 4 Offices are closed (Independence Day) 8 Council Work Session 8 HRA Work Session 15 Council Meeting 1 7 7 14 14 HRA Work Session 20 21 Council Meeting 2025 2025 5 National Night Out 6 Council Meeting 6 HRA Meeting 12 Council Work Session 12 HRA Work Session 19 Council Meeting 4 Council Meeting 4 HRA Meeting 11 Council Work Session 11 HRA Work Session 17 Offices are closed (Presidents' Day) 18 Council Meeting 2025 March 2025 1 Offices are closed (Labor Day) 4 Council Meeting 2 Council Meeting 2 HRA Meeting 9 Council Work Session 9 HRA Work Session 16 Council Meeting 4 HRA Meeting 11 Council Work Session 11 HRA Work Session 18 Council Meeting 2025April20257 Council Meeting 7 HRA Meeting 14 Council Work Session 14 HRA Work Session 21 Council Meeting 2025 4 Election Day 5 Council Meeting 5 HRA Meeting 11 May 2025 6 Council Meeting 6 HRA Meeting 13 Council Work Session 13 HRA Work Session 20 Council Meeting 26 Offices are closed (Memorial Day)2025 June 2025 2 Council Meeting 2 HRA Meeting 9 Council Work Session 9 HRA Work Session 16 Council Meeting 24-25 Offices are closed (Christmas) 4 Council Meeting 4 HRA Meeting 10 Council Work Session 10 HRA Work Session 17 Council Meeting 19 Offices are closed (Juneteenth) 2025 CITY CALENDAR Offices are closed (Veteran's Day) 12 Council Work Session 12 HRA Work Session 18 Council Meeting 27-28 Offices are closed (Thanksgiving) January February Offices are closed (New Year's Day) Council Meeting HRA Meeting Council Work Session Offices are closed (Martin Luther King Jr. Day) 1 Council Meeting 1 HRA Meeting 8 Council Work Session 8 HRA Work Session 15 Council Meeting December July August September October November 155 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3H. Adopt Resolution No. 24-084 Approving Amendment to Compensation and Classification Tables Prepared By Kirsten Santelices, Deputy City Manager Dr. John Miller, Human Resources Manager Summary To ensure transparency with the community, each year the City Council reviews and adopts the City’s compensation grid and classification table. To ensure consistency within its compensation and classification structure, the City utilizes third-party consultant David Drown and Associates (DDA) to review current positions to ensure they remain in line with current market averages. Financial or Budget Considerations These compensation grid adjustments are reflected within the approved 2025 budget. Legal Considerations The City contracts with DDA to grade all of the positions and ensure compliance with applicable Minnesota Local Government Pay Equity laws. Equity Considerations By contracting with DDA the City maintains a consistent practice of grading positions and market considerations. The City will continue evaluating its compensation grid and pay practices for equity considerations. Recommended Action Motion to adopt Resolution No. 24-084 approving amendment to compensation and classification tables. Supporting Documents Resolution No. 24-084 - Approving Amendment to Compensation and Classification Tables 156 RESOLUTION NO. 24-084 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS,in 2020, the City conducted a full compensation and classification study (the “Study”) to ensure the City is paying competitive and fair wages to its employees; and WHEREAS,on December 15, 2020 the City Council approved implementation of the Study; and adopted the compensation grid for the City: WHEREAS,on December 15, 2020 the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS,positions are routinely reviewed and reclassified according to position responsibilities; and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22- 048 on May 3, 2022, and by Resolution 22-120 on December 20, 2022; and by Resolution 23-007 on February 7, 2023, and by Resolution 23-017 on April 4, 2023; and by Resolution 23-062 on July 5, 2023; and by Resolution 23-108 on December 19, 2023; and by Resolution 24-021 on March 6, 2024; and by Resolution 24-030 on May 21, 2024; and by Resolution 24-039 on June 4, 2024; and WHEREAS,in alignment with the City’s values of communication and accountability, it is the City’s practice for the City Council to review and adopt the Compensation Grid and Classification Table annually; and WHEREAS,the City Council supports the health and wellness of City employees and their families through qualified flexible health benefit plans; and WHEREAS,the City provides a cafeteria plan that allows employees to design their own benefit packages by purchasing benefits with a pre-specified amount of employer dollars; and WHEREAS,the effective date and eligibility of City’s health insurance and contribution is established by the Employee Handbook; and WHEREAS,the amount of the employers’ monthly contribution is established annually by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the 2025 monthly health benefit contribution as $1,801.38. 2. The City hereby adopts the following 2025 Full-Time & Part-Time Regular Compensation Grid effective January 1, 2025: 157 Grade Compensation Grid 4.90%4.90%4.90%4.90%4.90%4.90% 1 2 3 4 5 6 7 1 $22.04 $23.12 $24.26 $25.45 $26.70 $28.00 $29.37 2 $23.36 $24.51 $25.71 $26.97 $28.29 $29.67 $31.12 3 $24.76 $25.97 $27.24 $28.57 $29.98 $31.45 $32.99 4 $26.25 $27.54 $28.88 $30.30 $31.78 $33.34 $34.97 5 $28.08 $29.46 $30.91 $32.42 $34.01 $35.67 $37.41 6 $30.05 $31.53 $33.07 $34.68 $36.39 $38.17 $40.04 7 $31.55 $33.09 $34.72 $36.42 $38.20 $40.08 $42.05 8 $32.81 $34.42 $36.10 $37.87 $39.73 $41.68 $43.72 9 $34.14 $35.81 $37.56 $39.40 $41.33 $43.35 $45.47 10 $35.83 $37.59 $39.43 $41.36 $43.39 $45.51 $47.74 11 $40.50 $42.49 $44.56 $46.75 $49.04 $51.43 $53.95 12 $42.92 $45.02 $47.23 $49.54 $51.97 $54.52 $57.19 13 $45.06 $47.27 $49.59 $52.02 $54.57 $57.25 $60.05 14 $46.87 $49.17 $51.58 $54.10 $56.76 $59.54 $62.46 15 $49.21 $51.62 $54.16 $56.80 $59.59 $62.51 $65.58 16 $52.17 $54.71 $57.40 $60.21 $63.16 $66.48 $69.74 17 $55.30 $58.01 $60.85 $63.84 $66.96 $70.24 $73.68 18 $60.27 $63.23 $66.33 $69.57 $72.98 $76.56 $80.31 19 $63.28 $66.38 $69.64 $73.05 $76.63 $80.38 $84.32 20 $66.45 $69.71 $73.11 $76.70 $80.46 $84.40 $88.54 21 $69.78 $73.19 $76.79 $80.54 $84.49 $88.62 $92.96 22 $73.96 $77.58 $81.39 $85.37 $89.55 $93.94 $98.54 23 $78.39 $82.24 $86.27 $90.50 $94.92 $99.58 $104.46 24 $83.10 $87.17 $91.45 $95.93 $100.62 $105.55 $110.73 3. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table: Grade Positions 1 2 Guest Services Specialist 3 Administrative Assistant – Fire Department Administrative Assistant – Parks and Recreation Community Service Officer Police Department Office Assistant Recreation Coordinator 4 Engineering Assistant Inspections & Development Assistant Lead Community Service Officer Lead Cook Turf Maintenance Assistant 5 Accounting Technician 158 Assessments/Accounts Payable Technician Planning Assistant Police Department Assistant Public Works Assistant 6 Facilities Maintenance Specialist Executive Assistant - City Manager’s Office Motor Vehicle License Clerk Utility Billing Specialist 7 Brookview Events Coordinator Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Permit Technician Restaurant & Catering Coordinator Street Maintenance Worker Sustainability Specialist Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Communications Specialist Community Connections Specialist Executive Chef Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 Associate Planner City Forester Deputy City Clerk - Records Engineering Technician II Investigator - Non-Sworn Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor Water Distribution Specialist 10 Assistant Golf Operations Manager Engineering Technician III Fire Inspector I GIS Specialist Paralegal Payroll and Benefits Specialist Police Support Services Supervisor Water and Natural Resources Specialist 159 11 Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Fire Inspector II Greens & Turf Specialist Human Resources Generalist Information Technology Specialist Patrol Officer Recreation & Facilities Supervisor Recreation Supervisor Senior Planner 12 Accountant Deputy Fire Marshal Golf Maintenance Supervisor 13 Equity and Inclusion Manager City Clerk Restaurant and Events Manager 14 15 Assistant City Engineer Assistant Parks and Recreation Director Environmental Resources Supervisor Golf Operations Manager Parks Superintendent Street And Vehicle Superintendent Utilities Superintendent 16 Accounting Manager Assistant Fire Chief Building Official Sergeant 17 Housing and Economic Development Manager Information Technology Manager 18 Assistant Police Chief Deputy Community Development Director Human Resources Manager 19 City Engineer Communications Director 20 21 Community & Economic Development Director Finance Director Fire Chief Parks & Recreation Director Public Works Director 22 City Attorney Deputy City Manager 160 Police Chief 23 24 City Manager 4. The City hereby adopts the following 2025 Seasonal, Variable Hour, Temporary and Intern Positions Compensation Grid, effective March 1, 2025: Steps 1 2 3 4 5 6 7 Grade 1 $12.53 $13.18 $13.80 0 0 0 0 2 $13.40 $14.09 $14.76 $15.46 $16.13 $16.81 $17.30 3 $13.97 $14.66 $15.36 $16.11 $16.81 $17.52 $18.00 4 $14.46 $15.33 $16.08 $16.82 $17.58 $18.33 $18.81 5 $14.72 $15.89 $16.66 $17.45 $18.23 $19.08 $19.58 6 $16.02 $16.48 $17.79 $18.39 $19.17 $20.13 $20.62 7 $18.79 $19.67 $20.43 $21.18 $22.02 $22.82 $23.32 5. The City hereby adopts the following 2025 Seasonal, Variable Hour, Temporary and Intern Positions Classification Table: Grade Position 1 Starter/Ranger Warming House 2 316 Restaurant Positions: Bartender Server Dishwasher/Bar‐Back Election Judge (Step 6) Indoor Playground Attendant Park & Reaction Seasonal Athletics: Playground Leader Field Attendant Sports Instructor Golf Operations: Beverage Cart Attendant Par 3 Cashier Range Supervisor 3 Election Captain (Step 6) Pro Shop Cashier 4 Community Center Attendant Golf Maintenance Operator Parks and Recreation Program Specialist 5 Golf Office Assistant Pathways Intern 161 6 Community Health Worker Intern Curling Assistant Golf Maintenance Technician Lawn Bowling Assistant Lead Pro Shop Cashier Park and Recreation Intern Seasonal Public Works Worker 7 Assistant Senior Program Coordinator Banquet and Restaurant Staff Coordinator Cook Community Development Intern Elections Assistant Engineering Intern GIS Intern Golf Staff Coordinator Guest Services Lead Human Resources Assistant Water Resources Intern Collegiate Intern 6. The City hereby adopts the following paid on-call firefighter compensation, effective January 1, 2025: Battalion Chief $26.88 Per Hour Captain $24.90 Per Hour Lieutenant $23.10 Per Hour Firefighter $20.06 Per Hour Firefighter-Apprentice $17.05 Per Hour Firefighter in Training $13.71 Per Hour 7. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increasethe budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 17th of December, 2024. ______________________ Roslyn Harmon, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 162 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 3I. Adopt Resolution No. 24-085 Approving Updated Golden Valley Police Department Policy Manual Prepared By Alice White, Assistant Police Chief Virgil Green, Police Chief Summary The Golden Valley Police Department Policy Manual is critical to ensuring the police department’s operations remain in compliance with evolving laws, regulations, and law enforcement best practices. In 2021 the PD Command staff entered into an agreement with Lexipol, an industry leader in police policy to conduct a comprehensive review and update to align with current legal standards and best practices in law enforcement. The department began the substantial task of updating the manual in July 2022. However, due to staffing shortages and operational challenges, there was a temporary pause in the process. The policy update process has been a collaborative and ongoing effort involving technical input from subject matter experts, city legal counsel, and Lexipol. In September 2023, the Police Department, in partnership with the City Attorney and Lexipol, began a consistent policy review process. The manual aligns with the city's long-term vision of fostering transparency, improving service delivery, and enhancing community trust. It reflects best practices in municipal governance and aims to strengthen public confidence in law enforcement. The Policy Manual has been developed with input from key stakeholders, including department heads, legal advisors, and community representatives. This collaborative approach ensured that the policies reflect the needs and priorities of both city staff and residents. The policy manual will expect continually evolve as best practices in laws enforcement are fluid. The adoption of this manual will streamline operations, reduce legal risks, ensure consistency in decision-making, and promote a culture of accountability and integrity within the police department. The Golden Valley Police Department Policy Manual (Resolution - Exhibit A) can be viewed at the following link: http://weblink.ci.golden-valley.mn.us/WebLink/DocView.aspx? id=1054835&dbid=0&repo=GoldenValley 163 Financial or Budget Considerations City council has previously approved this budgeted item and agreement with Lexipol. Currently there are no other financial considerations. Legal Considerations The City Attorney has reviewed the complete manual for compliance with state and federal law. The policies reflect recent legal developments, including recent state legislative changes on use of force, data privacy, and officer accountability. Additionally, the manual aligns with best practices to protect the City from liability, while promoting transparency and maintaining the safety of the community, our officers, and the environment. This updated manual includes all policies mandated by Minnesota POST Board. The City Attorney's Office will continue to monitor legislative and best practice updates and propose updates to individual policies as appropriate. Equity Considerations As part of the ongoing commitment to diversity equity and inclusion, the Golden Valley Police Department Policy manual has began a DEI review. The City received grant dollars from the Pohlad Family Foundation to undergo a full equity review and community engagement on specific police policies. The feedback from the community and equity review will be considered in a new iteration of this policy manual by the completion of the grant cycle (July 1, 2025). Recommended Action Motion to adopt Resolution No. 24-085 approving the updated Golden Valley Police Department Policy Manual with an effective date of March 3, 2025. Supporting Documents Resolution No. 24-085 - Adopting Updated Police Department Policy Manual 164 RESOLUTION NO. 24-085 A RESOLUTION ADOPTING GOLDEN VALLEY POLICE DEPARTMENT POLICY MANUAL WHEREAS, the Golden Valley City Council is the policy making body for the City under Minnesota Statutes, section 412.611 and adopts all City policies by resolution; and WHEREAS, The Golden Valley Police Department Policy Manual (the “Policy Manual”) is critical to ensuring the police department’s operations remain in compliance with evolving laws, regulations, and law enforcement best practices; and WHEREAS, the Police Department Command staff, in partnership with the City Attorney and Lexipol, have reviewed and updated the Policy Manual and recommend the Council adopt the updated Policy Manual; and WHEREAS, upon adoption of the Policy Manual, the Command staff will provide the Policy Manual and related training to members of the Golden Valley Police Department; and WHEREAS, the Police Chief will conduct periodic reviews of the Policy Manual and suggest changes as required to ensure it remains relevant and legally sound. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that: 1. This Council adopts the Policy Manual attached hereto as Exhibit A. 2. The Manual shall supersede and replace all previously adopted policies on the topics covered in the Policy Manual. 3. The Police Chief is directed to ensure that the Policy Manual is distributed to all relevant parties and to provide all necessary training to GVPD staff. 4. The Police Chief is directed to conduct periodic reviews of the Policy Manual to ensure its effectiveness and alignment with any changes in law or operational needs. The Policy Manual shall be reviewed and updated as necessary on an annual basis, or sooner if needed, to maintain its relevance and applicability. BE IT FURTHER RESOLVED, that the Policy Manual shall take effect March 3, 2025. 165 Passed by the City Council of the City of Golden Valley, Minnesota this 17th day of December, 2024. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 166 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 4A. Site Plan Review and Public Hearing Code Amendments, Ordinance No. 791 and Resolution No. 24- 086 Prepared By Jacquelyn Kramer, Senior Planner Summary Periodically, the city will update the zoning ordinance. At this time the Community Development Department proposes two changes: 1. Expansion of the use of the Site Plan review process. 2. Revisions to the public hearing process for planning applications. Site Plan Review Update Currently, city code requires site plan approval prior to issuance of City permits for any proposed construction within the Mixed-Use Zoning District. Staff propose expanding the use of the Site Plan tool. The purpose of requiring site plan review for more planning applications is to formalize and streamline the City’s existing informal review process, provide comprehensive feedback for applicants, increase transparency, and collect revenue to help offset staff time spent evaluating pre-application concepts. The expansion of the Site Plan Review process will help applicants better prepare plans and applications for planning commission review and city council action. Public Hearing Process Update Staff recommends simplifying the public hearing process by allowing the planning commission to hold the official or formal public hearing and removing the requirement that city council hold a public hearing before taking action on a planning application. Public hearings at planning commission would require a notice to be posted in the local newspaper and mailed notices sent to properties near the project site. City Council would still have the option of taking public comments before acting on an application. The purpose of modifying the public hearing process is to eliminate confusion by residents on when their comments will be heard in the review process, simplify the approval process for applicants, reduce the time and expense spent on hearing notices, and to allow all public comments to be received by the city before the city council meeting thereby ensuring all public comments are included in the staff report to city council. 167 Planning Commission Planning Commission held an informal public hearing on December 3, 2024. No one from the public testified. The commission's discussion included the following items: Commission directed staff to create metrics for improved community engagement and applicant experience with the updated city processes. The value of including detailed planning commission meeting minutes in council packets. Clarifying the public hearing notices and how the city informs the public about development and planning applications. Concerns with ensuring testimony given at a planning commission meeting receives the same weight as testimony at a city council meeting. The role of the Planning Commission as a technical advisory commission tasked with technical reviews vs. the City Council as a political body. Support for the proposed amendments and support for a future zoning code amendment allowing Planning Commission final decision-making authority for technical or administrative items. Emphasis on the need to educate the public on the new process and including an explanation of the process updates on future planning commission agenda packets. Councilmember Ginis spoke about priorities at the state legislative level and how those may impact city processes in the future. Customizing the site plan review to different planning applications with different submittal requirements. Planning Commission recommended approval of the zoning code amendments 6-0 (1 commissioner absent). Previous Meeting Dates Staff discussed the proposed changes with planning commission on September 23, 2024. Staff presented the proposed changes to City Council on November 12, 2024. Planning commission held an informal public hearing on December 3, 2024. Financial or Budget Considerations Staff anticipate these two code changes will result in either increases in city revenue or decreases in staff hours for processing planning applications. Exact impacts to the city budget have not been calculated at this time. Legal Considerations The proposed changes meet state requirements for noticing public hearings. Equity Considerations The City’s Equity and Inclusion Manager has reviewed the draft ordinance and provided feedback to planning staff. Recommended Action 1. Motion to adopt Ordinance No. 791 approving zoning code amendment updating the site plan review and public hearing processes. 2. Motion to adopt Resolution No. 24-086 approving publication of ordinance summary. (Note: This resolution requires a four-fifths vote of all members of the Council for approval.) 168 Supporting Documents Ordinance No. 791 - Site Plan Review and Public Hearing Process Amendments Resolution No. 24-086 - Approving Summary Publication of Ordinance No. 791 169 ORDINANCE NO. 791 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113 - Zoning in order to update the site plan review and public hearing processes The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 2-126 is amended to read as follows. Section 2-126. – Planning Commission (a) Establishment and Composition.A Planning Commission is hereby established, composed of eight members, seven who shall serve three-year staggered terms and one youth, who shall serve a one-year term. (b) Duties and Responsibilities.The Planning Commission shall advise and make recommendations to the Council in all matters relating to planning and growth of the City. Specifically it shall: (1) Develop and make recommendations to maintain and update the Comprehensive Plan of the City (2) Develop and make recommendations to maintain and update the land use regulations needed to implement the Comprehensive Plan (3) Develop and make recommendations for policies on other matters relating to the social, economic and physical environment; and (4) make recommendations on planning applications (5) Conduct official public hearings; and (64) Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. Section 2. City Code Section 109-65 is amended to read as follows. Section 109-65 Preliminary Plat (a) Before dividing any tract of land into two or more lots or parcels, except as provided for under Division 4 of this article, an owner or subdivider shall, unless a variance is authorized under the terms of this chapter, make application to the office of the City Manager or his/her designee for preliminary plat approval. The application shall be heard by the Planning Commission. Said application shall be accompanied by: (1) Copies of the preliminary plat, the number of which shall be established on the application form. (2) A filing fee shall be set by Council resolution. This fee shall be used in connection with approval or disapproval of said preliminary plat, and before approval of the final plat. The subdivider shall also pay to the City an amount equal to the charge made to the City by the City Attorney for each abstract of title or registered property abstract required to be examined in connection with said final plat approval as specified in this chapter. 170 Ordinance No. 791 -2-December 17, 2024 (b) After receiving a complete application, the Planning Commission shall hold an official public hearing on the preliminary plat. The notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. A public notice shall be mailed to all property owners within 500 feet of the proposed preliminary plat at least 10 days prior to the hearing. At the close of the public hearing, the Planning Commission shall make a recommendation to the City Council (c) Upon recommended approval or disapproval of the preliminary plat by the Planning Commission, the plat shall be referred to the Council for action. (d) After receiving a recommendation for approval or disapproval of the preliminary plat by the Planning Commission, the Council shall hold a public hearing on the preliminary plat. The notice of the hearing shall be published at least once in the official newspaper at least 10 days prior to the hearing. A public notice shall be mailed to all property owners within 500 feet of the proposed preliminary plat at least 10 days prior to the hearing. At the close of the public hearing, the Council shall grant approval of the preliminary plat, approval with conditions, refer the preliminary plat back to the Planning Commission for additional study or disapprove the preliminary plat stating the reasons for such action in the official minutes of the Council meeting. The Council shall take final action on the preliminary plat within 120 days of submittal unless an extension has been agreed to by the applicant. If no action has been taken within 120 days, the preliminary plat shall be deemed to be approved. Section 3. City Code Section 109-122 is amended to read as follows. Section 109-122. Final Plat Application Review Process (a) The completed application shall be received by the staff of the Physical Community Development Department. An informal official public hearing by the Planning Commission shall be scheduled following application acceptance. At least 10 days prior to the hearing date, legal notice shall be published in the official newspaper of the City, and notice of the hearing shall be mailed to the owners of all property within 500 feet of the subject property. The Planning Commission shall consider the conditions established in Section 109-121 and shall make a recommendation to the City Council on whether to approve or deny the proposed minor subdivision or consolidation. (b) After review and recommendation by the Planning Commission, the application shall be formally heard by the City Council. At least 10 days prior to the hearing date, legal notice shall be published in the official newspaper of the City, and notice of the hearing shall be mailed to the owners of all property within 500 feet of the subject property. Section 4. City Code Section 113-28 is amended to read as follows. Section 113-28. Comprehensive Plan (a) The City Council shall adopt, and may from time to time amend, a municipal Comprehensive Plan pursuant to Minn. Stats. §§ 473.851—473.871. The Comprehensive Plan shall serve as a guide to the City and its public officials for future development and zoning actions. (b) Before adopting any such plan or amendment, the City Council shall solicit the recommendations of the Planning Commission. 171 Ordinance No. 791 -3-December 17, 2024 (c) The Planning Commission shall hold at least one informal official public hearing on any plan or proposed amendment before recommending any such plan or amendment or portion thereof. All official public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper. (d) The City Council shall take no action on a proposed plan or amendment until it receives the Planning Commission's recommendation, or until 60 days after such plan or proposed amendment has been submitted to the Planning Commission. (e) Upon receiving the findings and recommendations of the Planning Commission, or the elapse of said 60-day period, the City Council shall upon published notice hold an official public hearing with respect to the proposed adoption of, or amendment to, the Comprehensive Plan. (f) All official public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper. (fe) Any action taken at the City Council meeting shall become part of the Comprehensive Plan for the City, provided that a resolution evidencing said action was approved by a two- thirds vote of all of the members of the City Council. (gf) All eligible applications for Comprehensive Plan amendments must comply with the City's Mixed-Income Housing Policy. Section 5. City Code Section 113-29 is amended to read as follows. Section 113-29. Zoning Map and Chapter Amendments (a) No change, modification, or amendment shall be made to the boundary or designation of any zoning district on the zoning map, or to the provisions of this chapter, except after an official public hearing and upon a majority affirmative vote of the City Council. Zoning map or chapter amendments may be initiated by the City Council or by petition of affected persons and owners of property within the City. (b) Upon receipt of such a petition, the matter shall be referred to the Planning Commission for review and recommendation. (c) The Planning Commission shall hold at least one informal public hearing on any proposed zoning map or chapter amendment before recommending any such change or amendment. For zoning map amendments, all property owners within 500 feet of the subject site shall be notified of the informal public hearing by the U.S. mail not less than 10 days prior to the date of the informal public hearing. Such notice shall include the date, time, and place of the hearing and shall identify the subject site. All public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper. For zoning map amendments, copies of the written notice in the form published shall be mailed to all property owners within 500 feet of the subject site not less than 10 days prior to the date of such official public hearing. (d) The City Council shall take no action on a proposed amendment until it receives the Planning Commission's recommendation, or until 60 days after such proposal has been submitted to the Planning Commission. 172 Ordinance No. 791 -4-December 17, 2024 (e) Upon receiving the findings and recommendations of the Planning Commission, or the elapse of said 60-day period, the City Council shall call and conduct an official public hearing to consider the proposed zoning map or chapter amendment. (f) All official public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper. For zoning map amendments, copies of the written notice in the form published shall be mailed to all property owners within 500 feet of the subject site not less than 10 days prior to the date of such official public hearing. (ge) The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to commercial, light industrial, industrial, or office requires a two-thirds majority affirmative vote of all members of the City Council. (hf) All eligible applications for zoning map amendments must comply with the City's Mixed- Income Housing Policy. Section 6. City Code Section 113-30 is amended to read as follows. “***” denotes section breaks. Section 113-30. Conditional Uses *** (c) The City Manager or his/her designee shall refer the application to the Planning Commission to hold an informal the official public hearing. Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. The applicant and all property owners within 500 feet of the subject site shall be notified of the informal official public hearing by the U.S. mail, not less than 10 days prior to the date of such official public hearing. Such notice shall include the date, time, and place of the hearing and shall identify the subject site. *** (f) Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the site. In addition, copies of the written notice in the form published shall be mailed to the applicant and to all property owners within 500 feet of the subject site not less than 10 days prior to the date of such official public hearing. Section 7. City Code Section 113-32 is amended to read as follows. Section 113-32. Site Plan Review. (a)Purpose. The purpose of this section is to establish procedures for the regulation of land use and development within the City to ensure development activity is compatible with nearby properties, neighborhood character, natural features, and consistent with the Comprehensive Plan, area plans, and applicable requirements of the Golden Valley City Code. (b)Applicability (1) Site plan review shall be required in any of the following circumstances: 173 Ordinance No. 791 -5-December 17, 2024 i. The new construction of a multi-family or nonresidential building. ii. The expansion, remodel, or alteration of any multi-family or nonresidential building or other structure by more than 10 percent of its existing floor area, or overall size in cases where floor area standards are not applicable. iii. A change of zoning use, or where traffic, parking, noise or other impacts are greater than the impacts for the previously existing use, as determined by the Community Development Director or designee. iv. The construction and reconstruction of driveway approaches, gates, roads, shared access facilities, alleys, and driving surfaces within ingress/egress easements. (2) The following activities are exceptions to the previous section and shall not require site plan review: i. Permits authorizing residential construction for single-family residential uses, duplexes, and accessory dwelling units. ii. Any activity that is not considered a change in use, as determined by the Community Development Director or designee. iii. Any activity on the exterior of a multi-family or nonresidential building that does not exceed a 25 percent change in any existing facade or roof form. iv. Development activity approved via a previous site plan associated with an existing and current CUP, Development Agreement, or PUD. v. Interior alterations: provided that the interior alterations do not result in: 1. Nonconformity with Federal Emergency Management Agency substantial improvement thresholds; or 2. An increase in the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. vi. Normal building maintenance and repair. vii. Public trails, playgrounds, parks, ballfields, or other public facilities, amenities, and appurtenances. (3) Nothing in this subsection exempts interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes. For purposes of this subsection, “interior alterations” include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint. (4) No building permit shall be issued for any of the circumstances listed in Subsection (a)(1)(i-v) above unless a site plan is first approved by the City. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City. (c)Procedure for Site Plan Review and Approval. (1) An application for site plan review shall be submitted in writing and include payment of the applicable fee(s) established by the City Council. 174 Ordinance No. 791 -6-December 17, 2024 (2) The application shall be considered complete once the City receives a written request containing all information required by law, City Code, development application(s) and checklist(s), or by a previously adopted City rule, ordinance, or policy. (3) If the written application request does not contain all required information, the City shall send written notice, within 15 business days of receipt of the request, telling the applicant what information is missing. (4) Staff may request additional information and data from the applicant concerning site or operational factors and may retain expert assistance, with the consent and at the expense of the applicant, if necessary to evaluate the request in relation to the standards of the City Code. (d)Information Required. The site plan application shall contain sufficient information relative to the proposed development, including but not limited to the following items which are further described on the City’s Application and Checklist forms. (1) Address and legal description of the subject property. (2) Status of Inflow/Infiltration compliance. (3) Property survey, including existing buildings, structures, etc. (4) Site Diagram. (5) Utility plan sheet showing the placement of utilities. (6) Grading and stormwater plan. (7) Landscape Plan and proposed screening details. (8) Parking, loading, and both on- and off-site circulation. (9) Building elevations. (10)Signage. (11)Lighting pole(s) and fixture(s) locations and a site lighting plan. (e)Site Plan Review. Based upon its review, City staff may approve, conditionally approve, request modifications, or deny the site plan based on evaluation of the site plan details with respect to the Site Plan’s compliance with all provisions of the State law, City Code, and other regulations of the City of Golden Valley including but not limited to: (1) Off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat. (2) The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood. (3) The relationship of the development to adjacent uses in terms of harmonious design, setbacks, public welfare, and negative impacts. (4) The provision of a safe and efficient vehicular and pedestrian circulation system. 175 Ordinance No. 791 -7-December 17, 2024 (5) The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. (6) The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings. (7) The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design. (8) Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties. (9) The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses. (10)Protection and conservation of soils from erosion by wind or water or from excavation or grading. (11)Protection and conservation of water courses and areas subject to flooding. (12)The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants. (f)Approval Process. (1) The Community Development Director or designee shall review and approve, approve with conditions, or deny all site plans. (2) If development of a lot with an approved site plan has not commenced within two (2) years of the date of final approval of the site plan, the site plan shall be deemed to have expired, and the approval shall be null and void. (3) If a site plan is denied, the applicant may appeal to the Board of Zoning Appeals in accordance with City Code Section 113-27. (4) It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Community Development Director or designee shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of approval. (5) Applicable elements of the approved Site Plan shall be used in the application for any subsequent permits for the Development. In all instances, the approved Site Diagram shall accompany the permit application. (a)Site plan review standards are established to promote development that is compatible with nearby properties, neighborhood character, and natural features, and consistent with the Comprehensive Plan and/or area plans adopted by the City Council. The regulations are intended to minimize pedestrian and vehicular conflict, to promote public safety, and to encourage a high quality of development. The regulations recognize the unique character of land and development throughout the City and the need for flexibility in site plan review. 176 Ordinance No. 791 -8-December 17, 2024 (b)Within the Mixed Use Zoning District, site plan approval is required prior to issuance of City permits for any proposed construction, with the following exceptions: (1)Construction or alteration of an accessory structure. (2)A use within an existing building that has received site plan approval, if the establishment of the use does not alter the approved site plan for the property. (3)Proposed modifications that are strictly related to the interior of the building. (4)Modifications, additions, or enlargements to a building which do not increase the gross floor area by more than 500 square feet or 10 percent, whichever is less, and which do not require a variance from the provisions of this chapter. (5)Alteration or expansion of an existing parking lot that results in a change of no greater than 10 percent of the total number of parking spaces. (6)Grading or site preparation that results in minor modifications to the existing site, as approved by the City Engineer. (c)Applications for site plan approval shall be made on forms provided by the City and shall include all information deemed necessary by the City Manager or his/her designee. (1)Site or building plans shall be approved by the Planning Commission. The approval shall be completed within 30 days of receipt of complete plans. The applicant shall be notified by U.S. mail of the decision of the Planning Commission. Within 30 days of the decision of the Planning Commission, the applicant may file a written appeal of the decision to the City Manager or his/her designee, thereby appealing the Planning Commission decision to the City Council. The City Council shall, within 30 days from the date of such appeal, make its findings and determinations with respect to the appeal and serve written notice to the appellant by U.S. mail. (2)All developments that require a variance and site and building plan review shall obtain the variance prior to starting the building or site plan review process. (d)Site plans shall be reviewed with reference to: (1)Conformance to the applicable standards of the City Code and other City requirements. (2)Where applicable, consistency with the development standards and objectives established for the Mixed Use Zoning District or specific areas or districts in the Comprehensive Plan or other area plans adopted by the City. Section 8. City Code Section 113-34 is added. Sec. 113-34. – Pre-Application Conference or Meeting. (b)Purpose. The purpose of the preapplication conference or meeting shall be to acquaint the applicant with the substantive and procedural requirements of the Golden Valley City Code and applicable elements of the comprehensive plan, arrange such technical and design assistance as will aid the applicant, and to otherwise identify policies and regulations associated with the proposed Development. (c) A preapplication conference or meeting shall be required for planning applications, including all Site Plan applications submitted in accordance with Section 113-32. 177 Ordinance No. 791 -9-December 17, 2024 (1) Only one preapplication conference or meeting shall be required for all project permit applications related to the same project, though an applicant may elect to arrange multiple conferences or meetings in relationship to a given project. (2) A preapplication conference or meeting shall precede the submittal of any project permit application. (3) Conferences are scheduled ahead of time for a specific date and time. The applicant provides a project narrative and any questions in advance to allow City staff time to prepare and invite the necessary attendees. (4) Meetings can be held in-person or virtually and are less formal than conferences. They are often conducted in a casual setting and can sometimes be unplanned at the front counter, if the applicant is ready to apply. (5) The community development director or designee may waive, in writing, the requirement for the conference or meeting for proposals that are determined not to be of a size and complexity to require the detailed analysis of a preapplication conference, or as otherwise determined not appropriate for such review. (d) It is impossible for the conference or meeting to be an exhaustive review of all potential issues. Neither the discussion nor the information form given to the applicant shall not bind or prohibit the city’s future application or enforcement of the applicable law, rather, is intended to offer the applicant guidance in preparing a development proposal for submittal. (e) Preapplication Conference or Meeting Submittal Requirements. (1) To initiate a preapplication conference or meeting, an applicant shall submit a completed form provided by the city and all information pertaining to the proposal as prescribed by the Community Development Department’s respective Application(s) and Checklist(s). (2) Failure to provide pertinent information regarding the request may prevent the city from identifying all applicable issues or providing the most effective preapplication conference or meeting. Section 9. City Code Section 113-124 is amended to read as follows. “***” denotes section breaks. Section 113-123. Planned Unit Development *** (d) Procedures. (1) Qualifications.Application for a PUD or PUD amendment may be made only by the owner of the land involved in the PUD application, or by a duly authorized representative, or an option or contract holder, provided the application is accompanied by fully executed agreements or documents from the owner stating that such owner has no objections to the proposed application and is in fact joining in the same. The City may act as an applicant on its own behalf or on the behalf of an affiliated governmental body. (2) Preliminary PUD Conference.Prior to filing a PUD application and prior to conducting a neighborhood meeting, the applicant shall meet with City staff for a preapplication conference. The primary purpose of the conference is to allow the applicant and staff to 178 Ordinance No. 791 -10-December 17, 2024 discuss land use controls, appropriate use of the site, design standards, how the plan will achieve higher quality and meet the PUD purpose and design requirements, the application process, and the general merits of the applicant's proposal. (3)Neighborhood Meeting.At an appropriate point during development of a preliminary PUD plan or major PUD amendment application process, the applicant shall hold a neighborhood meeting. All property owners within 500 feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposal, discuss the concepts and basis for the plan being developed, and to obtain information and suggestions from the neighborhood. (4)Preliminary PUD Review. a.Planning Division.Upon submission of a completed preliminary PUD plan application, the Planning Division shall: 1.Refer.Refer the application to other City departments for their written evaluations regarding those aspects of the proposal which affect public safety and the delivery of City services. 2. Notify.Notify by mail property owners within 500 feet of the PUD, or a larger area to be determined by the City, of the public information meeting. However, failure of any property owner to receive notification shall not invalidate the proceedings. 32.Report.Prepare a report and refer it to the Planning Commission for review at the public hearing. b.Planning Commission. 1.Informal Public Hearing.The Planning Commission shall hold an informal public hearing and consider the application for consistency with the intent and purpose provisions in Subsection (a) of this section and other requirements of this section and principles and standards adhered to in the City. Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. Additionally, all property owners within 500 feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The Planning Commission’s report to the City Council shall include recommended changes, conditions, or modifications. 2.Recommendation.The findings and recommendation of the Planning Commission shall be forwarded to the City Council and may include recommended conditions and modifications to the preliminary PUD plan. c.City Council. 1. Public Hearing. The City Council shall hold a public hearing and take action on the application. All property owners within 500 feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The public hearing shall be called and notice thereof given in the manner required by statute. 2. Action.The findings and action of the City Council may include a request for plan amendments, approval, denial, or other action deemed appropriate by the City Council such as referral back to the Planning Commission. 179 Ordinance No. 791 -11-December 17, 2024 (5)Final PUD Conference.Following approval by the City Council of the preliminary PUD plan, with or without conditions, and prior to the submission of the final PUD plan for review, the applicant shall meet with City staff to demonstrate that all conditions or required modifications to the preliminary PUD plan have been addressed. Failure to hold this meeting prior to submission of the final PUD plan shall be grounds to deem the application incomplete. (6)Final PUD Review. a.Planning Division.Upon submission of a completed final PUD plan application, the Planning Division shall: 1.Refer.Refer the application to other City departments for their written evaluations regarding those aspects of the proposal which affect public safety and the delivery of service. 2. Notify.Notify by mail property owners within 500 feet of the PUD, or a larger area to be determined by the City, of the public information meeting. However, failure of any property owner to receive notification shall not invalidate the proceedings. 32.Report.Prepare a report and refer it to the Planning Commission for review at the informal public hearing. b.Planning Commission. 1.Informal Public Hearing.The Planning Commission shall hold an informal public hearing. Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. Additionally, all property owners within 500 feet of the PUD or a larger area as determined by the City, shall be given notice of the meeting. 2.Consistency.The Commission shall review the final PUD plan for consistency with the preliminary PUD plan as approved by the City Council, and the conditions, if any, imposed by the City Council, the intent and purpose provisions of Subsection (a) of this section, all other provisions of this section, and principles and standards adhered to in the City. 3.Recommendation.The findings and recommendation of the Planning Commission shall be forwarded to the City Council and may include recommended conditions and modifications to the final PUD plan. c.City Council. 1. Public Hearing. The City Council shall hold a public hearing and take action on the application. All property owners within 500 feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The public hearing shall be called and notice thereof given in the manner required by statute. 2. Action.The findings and action of the City Council may include plan amendments, approval, denial, or other action based on findings and deemed appropriate by the City Council such as referral back to the Planning Commission. d.Approval.Approval of a PUD shall be by ordinance requiring an affirmative vote of a majority of the City Council. 180 Ordinance No. 791 -12-December 17, 2024 Section 10. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 17 day of December, 2024. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 181 RESOLUTION NO. 24-086 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 791 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 791 Amending Sections 2, 109, and 113 in Order to Update the Site Plan Review and Public Hearing Processes This is a summary of the provisions of Ordinance No. 791 which has been approved for publication by the City Council. At the December 17, 2024, City Council meeting, the Golden Valley City Council enacted Ordinance No. 791 amending the City Code to update the site plan review and public hearing processes. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at https://www.goldenvalleymn.gov/179/City-Code-and-Proposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on December 17, 2024. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 182 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 6A. Second Reading of Ordinance No. 789 - Adult Use Cannabis Registration Ordinance and Adoption of Resolution No. 24-087 Approving Summary Publication Prepared By Maria Cisneros, City Attorney Summary During the 2023 legislative session, the Minnesota legislature passed a law legalizing adult use cannabis in Minnesota. The law legalizes and decriminalizes the possession, use, manufacturing, and sale of certain cannabis products within the state. The law created the Office of Cannabis Management (the "OCM") to regulate the full range of cannabis activities in Minnesota, including the adult use cannabis market, the state’s medical cannabis program, and the lower-potency hemp edibles market. Under this regulatory framework, the City's regulatory authority and responsibilities are limited. On October 8, 2024, the City Council discussed this topic and reviewed the proposed Cannabis Registration Ordinance, along with zoning ordinance changes related to adult use cannabis. Under the new law, cannabis products and hemp derived consumer products may only be sold in a business with a license issued by the Office of Cannabis Management (the "OCM") . The licensing process requires the OCM to consult with cities in which a cannabis business will be located. The OCM will forward applications to the City to certify whether the proposed cannabis business complies with the City's local zoning ordinance and, if applicable, whether the proposed business complies with the state fire and building code. The OCM may not issue a license to a cannabis business that does not meet local zoning and land use laws. The proposed registration ordinance is designed to comply with state law and the OCM's draft regulations. The City Manager, City Attorney, and Community & Economic Development Director will work together to create standard operating procedures to handle registration requests and temporary event permit requests. Additionally, cities are required to conduct compliance checks on retail cannabis businesses. The OCM is developing standardized forms and procedures for these compliance checks. The City Attorney will work with police leadership to implement a retail sales compliance check program. According to the OCM, cities can expect retail sales of cannabis products to begin in first quarter 2025. 183 Upon approval of a the proposed ordinance, staff will begin implementation and be ready to work with the business community in 2025. Financial or Budget Considerations Compliance with the new statewide requirements will require additional staff time to process registrations, make zoning determinations, enforce regulations, and conduct compliance checks. The cost of these responsibilities can be covered by fees. The City Council approved the following fees in the 2025 fee schedule: Cannabis Registration Fee (Initial): lesser of $500 or 1/2 of the amount of the applicable initial license fee paid to the state Cannabis Registration Fee (Renewal): lesser of $1,000 or 1/2 of the amount of the applicable renewal license fee paid to the state If cannabis businesses are located in Golden Valley, the City will also receive tax revenue from cannabis sales, which will help defray costs. Legal Considerations See summary section of this memorandum. Equity Considerations The proposed regulations align with the state of Minnesota's cannabis regulation social equity goals, which aim to administer cannabis licensing in a manner that repairs the harm done to communities across Minnesota by decades of cannabis prohibition and criminalization. Recommended Action 1. Motion to adopt second reading of Ordinance No. 789 regulating adult use cannabis. 2. Motion to adopt Resolution No. 24-087 approving summary publication of Ordinance No. 789. (Note: This resolution requires a four-fifths vote of all members of the Council for approval.) Supporting Documents Ordinance No. 789 - Adult Use Cannabis Regulation Ordinance Resolution No. 24-087 - Approving Summary Publication 184 Page 1 of 5 ORDINANCE NO. 789 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 16 OF THE CITY CODE REPEALING ARTICLE XIX TETRAHYDROCANNABINOL PRODUCTS AND REPLACING WITH ADULT USE CANNABIS REGULATION The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 16 is amended to repeal Article XIX Tetrahydrocannabinol Products in its entirety, and is hereby replaced, renamed, and shall read as follows: ARTICLE XIX. ADULT USE CANNABIS REGULATION Sec. 16-550. Findings and Purpose. The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Golden Valley to protect the public health, safety, and welfare of Golden Valley community members by regulating cannabis businesses within the boundaries of the City. The City Council of the City of Golden Valley finds and concludes that these regulations are appropriate, lawful, and necessary to protect the health, safety, and welfare of the Golden Valley community and that these local regulations are in the public interest and for the public good. Specifically, the Council finds that: (a) By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minnesota Statutes, section 151.72 to allow the sale of certain products containing tetrahydrocannabinol (THC). (b) The new law does not prohibit municipalities from adopting and enforcing local ordinances to regulate THC product businesses including, but not limited to, local zoning and land use requirements and business license requirements. (c) The National Academies of Science, Engineering, and Medicine note that the growing acceptance, accessibility, and use of THC products, including for medical purposes, have raised important public health concerns, while the lack of aggregated knowledge of cannabis-related health effects has led to uncertainty about the impact of its use. Sec. 16-551. Authority. The City has the authority to adopt this ordinance pursuant to: (a) Minn. Stat. § 342.13(c), granting local units of government the authority to adopt reasonable time, place, and manner restrictions relating to the operation of cannabis businesses and hemp businesses. 185 Page 2 of 5 (b) Minn. Stat. § 342.22, regulating local registration and enforcement requirements applicable to state-licensed cannabis businesses and lower-potency hemp edible businesses. (c) Minn. Stat. § 462.357, granting local units of government the authority to adopt zoning ordinances relating to the operation of state-licensed cannabis businesses and lower- potency hemp edible retail businesses. Sec. 16-552. Definitions. Unless otherwise noted herein, the words and phrases contained in Minn. Stat. § 342.01,the rules promulgated by the Office of Cannabis Management pursuant to the Act, or City Code section 113-1, et seq. shall have the meanings ascribed therein and as may be amended from time to time. For purposes of this ordinance, the words below shall have the following meanings: Cannabis Retail Business:A retail location of a cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis combination business, or lower-potency hemp edible retailer, as those terms are defined in Minn. Stat. § 342.01. Preliminary License Approval: A pre-approval for a cannabis business license issued by OCM for an applicant that qualifies under Minn. Stat. § 342.17. Retail Registration: An approved registration issued by the City to a state-licensed cannabis retail business. State License: A license issued by OCM to a cannabis business. Sec. 16-553. Enforcement. The City Manager, or their designee, shall be responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit or registration is required for a regulated activity. Sec. 16-554. Registration of Cannabis Businesses. (a)Registration Required. No individual or entity may operate a state-licensed cannabis retail business within the City without first obtaining a retail registration from the City. (b)Application. The City shall issue or renew a registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. §342.22. (c)Application Requirements & Submittal. An application for a retail registration to sell licensed products shall be made on a form provided by the City. The application shall contain the full name of the applicant and the property owner, the address, email address, and telephone number of the applicant, the address and parcel ID for the property for which the retail registration is sought, certification that the applicant complies with the requirements of local ordinances, and any additional information the City deems necessary. 186 Page 3 of 5 (d)Approval & Grounds for Denial. Pursuant to Minn. Stat., Ch. 342, within 30 days of receipt of a request for retail registration from OCM, the City shall certify in the manner required by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, the state fire code and building code. Prior to certification of compliance to the state or issuance of a Retail Registration, the City may conduct a preliminary compliance check to ensure compliance with local ordinances. The City may deny a request for retail registration if: 1. The applicant does not comply with local regulations 2. The applicant does not comply with the state building code 3. The applicant does not comply with the state fire code 4. The applicant fails to pay the applicable fee 5. There are past-due fees or taxes associated with the property on which the cannabis retail business is or will be located (e)Location Change. A state-licensed cannabis retail business shall be required to submit a new application for registration if it seeks to move to a new location still within the legal boundaries of the City. (f)Suspension. The City may suspend a cannabis business’s registration if the City determines the business has violated local regulations or the business poses an immediate threat to the health and safety of the public. The City shall immediately notify the cannabis business and the OCM in writing of the grounds for suspension. The suspension of a cannabis retail business registration may be up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if OCM determines that the violations have been resolved. (g)Compliance Checks. All premises licensed under this subdivision shall be open to inspection by the City during regular business hours. From time to time, but at least once each calendar year, the City shall conduct compliance checks in accordance with the requirements of Minn. Stat. § 342.22, subd. 4 and all applicable OCM regulations. (h)Civil Penalties. Subject to Minn. Stat. § 342.22, subd 5(e), the City may impose a civil penalty as specified in the City’s Fee Schedule, for registration violations, not to exceed $2,000. Sec. 16-555. Fees. No registration shall be issued under this section until the appropriate fee shall be paid in full. All fees under this chapter, including fees for initial, annual, temporary, and renewal registrations, shall be fixed and determined by the City Council in the City's Fee Schedule and may be amended from time to time. Such fees shall not exceed the limits provided in Minn. Stat. Ch. 342. All fees shall be non-refundable once processed. 187 Page 4 of 5 Sec. 16-556. Temporary Cannabis Events. (a)Permit Required. No individual or entity may operate a temporary cannabis event within the City without first obtaining a permit from the City. (b)Application. An application for a temporary cannabis event permit shall be made on a form provided by the City not less than 45 days before the first date of the proposed event. The application shall contain the full name of the applicant and the property owner, the address, email address, and telephone number of the applicant, the address and parcel ID for the property for which the temporary event is sought, certification that the event complies with the requirements of local ordinances, and any additional information the City deems necessary. (c)Fees. No permit shall be issued under this section until the appropriate permit fee shall be paid in full. The fee for a permit under this section shall be established by the City Council and adopted in the City fee schedule, and may be amended from time to time. All fees shall be non-refundable once processed. (d)Approval & Grounds for Denial. The application shall meet all of the requirements of this section, state law, and City Code § 26-9 (Special Events). The City may deny a request for Retail Registration if: 1. The applicant does not comply with local, state or federal regulations 2. The applicant does not comply with the state building code 3. The applicant does not comply with the state fire code 4. The applicant fails to pay the applicable fee 5. There are past-due fees or taxes associated with the property on which the temporary cannabis event will be located Sec. 16-557. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. Secs. 16-558 - 16-599. Reserved. Section 2. 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 3. This ordinance shall take effect from and after its passage and publication as required by law. 188 Page 5 of 5 Adopted by the City Council this 17th day of December 2024. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 189 RESOLUTION NO. 24-087 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 789 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 789 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 16 OF THE CITY CODE REPEALING ARTICLE XIX TETRAHYDROCANNABINOL PRODUCTS AND REPLACING WITH ADULT USE CANNABIS REGULATION This is a summary of the provisions of Ordinance No. 789 which has been approved for publication by the City Council. At the December 17, 2024 City Council meeting, the Golden Valley City Council enacted Ordinance No. 789 amending City Code, Chapter 16 to repeal Article XIX Tetrahydrocannabinol Products and replace it with Adult Use Cannabis Regulations. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Passed by the City Council of the City of Golden Valley, Minnesota on December 17, 2024. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 190 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 6B. Second Reading of Ordinance No. 790 Right-of-Way Management (Telecommunications) Prepared By Michael Ryan, City Engineer Steven Okey, Associate Planner Summary In 2023, Minnesota Statute 237.163 added a rule prohibiting municipalities from limiting the placement of small wireless facilities based on location: "Subd. 3b. Small wireless facility permits; placement. (a) A local government unit may not require the placement of small wireless facilities on any specific wireless support structure other than the wireless support structure proposed in the permit application." City Code was regarding telecommunications and small wireless facilities was previously revised in 2019, and requires modification to conform to current Federal Communications Commission (FCC) standards. As such, staff is proposing to amend City Code Chapter 24, Article II - Right-of-Way Management to clarify that placement of small wireless facilities is exempt from the spacing requirements of other wireless support structures and utility poles. The proposed update to the City's Right-of-Way code is contained in Section 24-52 - Wireless Aesthetic Standards, paragraph (g) (1) (a). This update proposes that the statement "Except for small wireless facilities," precedes the existing paragraph. No further updates to Right-of-Way code are proposed. Financial or Budget Considerations There are no financial or budgetary impacts to amending the ordinance. Legal Considerations The City Attorney has reviewed this ordinance and found that the proposed ordinance modification will conform to current Federal Communications Commission (FCC) standards. Equity Considerations This update to City Code will align with Minnesota Statutes, collectively allowing for improvements to 4G and 5G mobile/cellular network capacity. This effort makes more 4G/5G spectrum available, uses spectrum more efficiently, and densifies mobile/cellular networks where necessary. 191 Recommended Action Motion to adopt second reading of Ordinance No. 790 Right-of-Way Management (Telecommunications), Amending Code Chapter 24, Article II - Right-of-Way Management. This requires a majority vote. Supporting Documents Ordinance No. 790 - Telecommunications - Wireless Aesthetic Standards 192 ORDINANCE NO. 790 AN ORDINANCE AMENDING THE CITY CODE AMENDING CODE CHAPTER 24, ARTICLE II, RIGHT-OF-WAY MANAGEMENT The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 24, Article II, Right-of-Way Management, Section 24-52. Wireless aesthetic standards. (g) Location criteria for new or replacement wireless support structures. (1) a. is hereby amended as follows: a.Except for small wireless facilities, aA minimum of two lot lines, or approximately 200 feet, whichever is greater, from any existing wireless support structure or utility pole on the same side of the street or right-of-way, and one lot line or approximately 100 feet, whichever is greater when on the opposite sides of the street or right-of-way. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council of the City of Golden Valley, Minnesota this 17th day of December, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 193 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 17, 2024 Agenda Item 6C. 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 194 Review of Council Calendar Event Event Time Location DECEMBER Tuesday, December 24 City Offices Closed for Observance of Christmas Eve Wednesday, December 25 City Offices Closed for Observance of Christmas Day Wednesday, January 1 City Offices Closed for Observance of New Years Day Tuesday, January 7 HRA Meeting (if necessary)6:30 PM Council Chambers City Council Meeting 6:30 PM Council Chambers Sunday, January 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, January 14 HRA Work Session (if necessary)6:30 PM Council Conference Room Council Work Session 6:30 PM Council Conference Room Sunday, January 19 Sweet Potato Comfort Pie: Annual Rev. Dr. Martin Luther King, Jr. Service Holiday 1:00 PM - 4:00 PM Additional details coming soon Monday, January 20 City Offices Closed for Observance of Rev. Dr. Martin Luther King, Jr. Day 2025 Rev. Dr. Martin Luther King, Jr. Holiday Breakfast 7:00 AM - Doors Open 8:00 - 9:30 AM - Program Minneapolis Convention Center, 1301 Second Avenue South,Minneapolis Tuesday, January 21 City Council Meeting 6:30 PM Council Chambers 195