07-18-17 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
July 18, 2017
6:30 pm or immediately following the HRA meeting
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
C.Board/Commission Oath of Office and Presentation of Certificate of Appointments
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.
A.Approval of Minutes:
1 Council/Manager - June 13, 2017 2-3
2. City Council Meeting - July 5, 2017 4-5
B.Approval of City Check Register 6
C.Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - Mount Olivet
Lutheran Church
7-9
2. Gambling Premises Permit Application - Northstar Search & Rescue 17-41 10-11
3. Gambling License Application - Northstar Search & Rescue 12
4. Approve Requests for Beer and/or Wine at Brookview Park 13-14
D.Minutes:
1. Human Rights Commission - May 23, 2017 15-17
2. Open Space & Recreation Commission - May 22, 2017 18-20
3. Joint Water Commission - February 1 and April 5, 2017 21-25
E.Joint Powers Agreement with Robbinsdale School District for Use of Sandburg 26-38
F.Letters, Emails and/or Petitions:
1. Resignation from the Planning Commission 39
4.PUBLIC HEARINGS
A.Public Hearing - Ordinance #623 - Approval of Conditional Use Permit 157 - 8837 7
th
Avenue North - Skylab Glass Arts, Applicant
40-50
5.OLD BUSINESS
6.NEW BUSINESS
A.10th Avenue Culvert Replacement Project:51-84
1. Award Construction Contract
2. Authorize Construction Services Contract
3. Approve Local Road Improvement Program Fund Grant 17-42
B.Review of Council Calendar
C.Mayor and Council Communications
7.ADJOURNMENT
UNOFFICAL MINUTES
COUNCIL/MANAGER MEETING
GOLDEN VALLEY, MINNESOTA
June 13, 2017
The meeting began at 6:30 pm in the Council Conference Room.
Present: Mayor Pro Tem Schmidgall and Council Members: Clausen and Fonnest
Also present were: City Manager Cruikshank, Physical Development Director Nevinski,
Finance Director Virnig, Fire Chief Crelly, City Engineer Oliver and Planning Associate/Grant
Writer Goellner
Absent: Mayor Harris and Council Member Snope
1. Review Comprehensive Annual Financial Report
Finance Director Virnig introduced Mr. Bill Lauer from the auditing firm Malloy Montague
Karnowski Radosevich & Co. he presented the 2016 Comprehensive Annual Financial
Report, Management Report, and Special Purpose Audit Report. He stated that they have
issued an unqualified “clean” opinion on the City’s financial statements and answered
questions from Council. Mr. Lauer reviewed the highlights from the Management Report and
noted that one on-going finding is the limited segregation of duties in certain areas due to the
small size of the City’s office staff. Finance Director Virnig and City Manager Cruikshank
answered questions from Council.
2. 2040 Comprehensive Plan Update - Water Resources
Planning Associate/Grant Writer Goellner provided feedback received from the Comp Plan
Conversation’s open house and discussed reactions to the water resource plan which
included the draft goals and objectives and the initial thoughts on waste water, water supply,
and surface water. City Engineer Oliver answered questions from Council regarding the
City’s water supply.
The Council discussed the proposed water resource goals and objectives.
3. Short-term Rentals
Physical Development Director Nevinski provided background information on the short-term
housing rentals (e.g. Airbnb) which included what they are, concerns regarding short-term
rentals and what other cities are doing to regulate them. City Manager Cruikshank provided
additional information on short-term rentals.
The Council discussed short-term rentals. The Council consensus was to not take any action at
this time.
4.Fire/Rescue Service - Phase 1 Staffing Study
City Manager Cruikshank provided background information on the Fire/Rescue Service Final
Report provided by Five Bugles Design. Fire Chief Crelly presented a PowerPoint presentation
which included the history of the Golden Valley Fire Department and the paid on-call firefighting
model which included the changes and challenges as to why the model has become difficult to
Unofficial Council/Manager Minutes -2- June 13, 2017
4.Fire/Rescue Service -Phase 1 Staffing Study - continued
sustain. Chief Crelly further presented three options for future fire staffing which included:
Option 1. Continue with current paid on-call model supplemented by five full-time fighters,
Option 2. Transition to a scheduled part-time staffing model supplemented by five full-time
firefighters, and Option 3. Transition to a full-time staffing model supplemented by paid-on-call
firefighters. He stated that staff recommends using a phased approach to begin implementing
Option 2.
The Council discussed the paid on-call firefighting model and reviewed the options presented
regarding the staffing study for the fire/rescue services and thanked city staff for the
presentation.
5. Future Draft Agendas
No changes were submitted for the future draft agendas.
The meeting adjourned at 8:13 pm.
_______________________________
Steve Schmidgall, Mayor Pro Tem
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
city of
gold�n�`'�
valley
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1 B. Roll Call
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
July 5, 2017
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope
and Steve Schmidgall. Also present were: City Manager Cruikshank and City Clerk Luedke.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Snope to approve
the agenda of July 5, 2017, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the consent agenda of July 5, 2017, as submitted and the motion carried.
3A1. Approve Minutes of the Council/Manager Meeting of May 9, 2017.
3A2. Approve Minutes of the City Council Meeting of June 20, 2017.
3113. Approve City Check Register and authorize the payment of the bills as submitted.
3C1. Approve requests for beer and/or wine at Brookview Park as recommended by staff.
3C2. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Good Shepherd.
3C3. Receive and file the gambling license exemption and approve the waiver of notice
requirement for The Church of St. Margaret Mary.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Special Planning Commission - May 8 and June 12, 2017
2. Planning Commission - April 24, May 22, and June 12, 2017
3. Environmental Commission - May 22, 2017
4. Bassett Creek Watershed Management Commission - April 20 and May 18, 2017
3E. Approve and authorize the contract with Corrective Asphalt Materials, LLC in the
amount of $51,450.
3F. Authorize City Manager to sign License Agreement with Golden Valley Orchestra.
3G. Authorize entering into a Cooperative Agreement with the Metropolitan Council
Environmental Services for the MCES Golden Valley Interceptor Project No. 805740.
3H. Adopt Resolution 17-40, authorizing execution of a Joint Cooperation Agreement
between the City of Golden Valley and Hennepin County for participation in the
Community Development Block Grant program in Fiscal Years 2018-2020.
31. Approve the following Board and Commission appointments:
Human Rights Commission
Isaac Mintzer 1 year term - expires 5/18 student
Planning Commission
Ian Black 1 year term - expires 5/18 student
4. PUBLIC HEARINGS
5. OLD BUSINESS
Unofficial City Council Minutes -2- July 5, 2017
6. NEW BUSINESS
6A. Review of Council Calendar
Some Council Members may attend the Market in the Valley on July 9 and July 16, 2017,
from 9 am to 1 pm in the City Hall Campus Parking Lot.
Some Council Members may attend the Ice Cream Social and Concert in the Park featuring
the John Sousa Band on July 10, 2017, at Brookview Park.
The next Housing and Redevelopment Authority meeting will be held on July 11, 2017, at
6:30 pm in the Council Chambers.
The next Council/Manager meeting will be held on July 11, 2017, immediately following the
HRA meeting in the Council Conference Room.
Some Council Members may attend the ULI Visualizing Density Workshop on July 12, 2017,
from 5 to 9 pm at North Hennepin Community College.
Some Council Members may attend the Golden Valley Human Service Fund Golf and Lawn
Bowling Classic on July 14, 2017, from 8 am to 3 pm at Brookview Golf Course.
A Concert in the Park featuring the Banjo Boys will be held on July 17, 2017, at 7 pm at
Brookview Park.
A Special Housing and Redevelopment Authority meeting will be held on July 18, 2017, at
6:30 pm in the Council Chambers.
The next City Council meeting will be held on July 18, 2017, at 6:30 pm.
6113. Mayor and Council Communication
Mayor Harris updated Council on the Urban Land Institute's meeting he attended regarding
"Navigating Your Competitive Future Session."
7. ADJOURNMENT
MOTION made by Council Member Clausen, seconded by Council Member Snope and the
motion carried to adjourn the meeting at 6:41 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
city 0
golden'EOA[v11 Administrative Services Department
763-593-84113 1753-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
city of
goldval��
Y
MEMORANDUM
City Administration/ Council
763-593-39911763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Mount Olivet Lutheran
Church
Prepared By
Kris Luedke, City Clerk
Summary
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.
Attachments
• Application for Exempt Permit (2 pages)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Mount Olivet Lutheran Church.
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt Permit
4/17
Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
• conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150.
year.
If total raffle prize value for the calendar year will be
Due to the high volume of exempt applications payment of
$1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Mount Olivet Lutheran Church Previous Gambling X-93818-16-001
Name: Permit Number:
Minnesota Tax ID Federal Employer ID
Number, if any: Number (FEIN), if any: '=l1 — 07737[dv
Mailing Address: 5025 Knox Ave S
City: Minneapolis State: MN zip: 55407 County: Hennepin
Name of Chief Executive Officer (CEO): Tom MacNally
Daytime Phone: 612-767-2231 Email: tomm@mtolivet.org
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
F✓ IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
(for raffles, list the site where the drawing will take place): Golden Valley Country Club
Physical Address (do not use P.O. box): 7001 Golden Valley Road
City or Township: Golden Valley zip: 55427 County: Hennepin
Date(s) of activity (for raffles,
indicate the date of the drawing): 10/26/2017
Check each type of gambling activity that your organization will conduct:
=Bingo Paddlewheels Pull -Tabs =Tipboards
Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $ 3000.00 )
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to
www.mn.gov/gcb and click on Distributors under List of Licensees, or call 651-539-1900.
LG220 Application for Exempt Permit
4/17
Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL
COUNTY APPROVAL
for a gambling premises
for a gambling premises
located within city limits
located in a township
he application is acknowledged with no waiting period.
9TThe
=The application is acknowledged with no waiting period.
application is acknowledged with a 30 -day waiting
=The application is acknowledged with a 30 -day waiting
period, and allows the Board to issue a permit after 30 days
period, and allows the Board to issue a permit after
(60 days for a 1st class city).
30 days.
=The application isdenied.
=The application is denied.
I
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Print City Name: (��IIJ'` -'l.
Print County Name:
Signature of City Personnel:�f
Signature of County Personnel:
Title: Date: _7 ^
�J
Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
limits. (A township has no statutory authority to approve or
The city or county must sign before
deny an application, per Minn. Statutes, section 349.213.)
submitting application to the
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
accurate to the best of my knowledge. I acknowledge that the financial
The information provided in this applicati is c le4hi
report will be completed and returned o Bard days of the event date.
Chief Executive Officer's Signature: Date: 0 97-201
Signature ust eignature; designee may not sign)
II
Print Name — A+ �—• 1'�ll�� CJArli
REQUIREMENTS
MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for:
Mail application with:
• all gambling conducted on two or more consecutive days, or
a copy of your proof of nonprofit status, and
• all gambling conducted on one day.
application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are
postmarked or received 30 days or more before the event,
conducted on the same day.
the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the
Make check payable to State of Minnesota.
gambling activity is done:
To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete
1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control
Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for
Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)).
651-539-1900.
Data privacy notice: The information requested
on this form (and any attachments) will be used
by the Gambling Control Board (Board) to
determine your organization's qualifications to
be involved in lawful gambling activities in
Minnesota. Your organization has the right to
refuse to supply the information; however, if
your organization refuses to supply this
information, the Board may not be able to
determine your organization's qualifications and,
as a consequence, may refuse to issue a permit.
If your organization supplies the information
requested, the Board will be able to process theaccess to the information; Minnesota's De part -
This form will be made available in alternative format (i.e. large print, braille) upon request.
application. Your organization's name and
address will be public information when received
by the Board. All other information provided will
be private data about your organization until the
Board issues the permit. When the Board issues
the permit, all information provided will become
public. If the Board does not issue a permit, all
information provided remains private, with the
exception of your organization's name and
address which will remain public. Private data
about your organization are available to Board
members, Board staff whose work requires
ment of Public Safety; Attorney General;
Commissioners of Administration, Minnesota
Management & Budget, and Revenue; Legislative
Auditor, national and international gambling
regulatory agencies; anyone pursuant to court
order; other individuals and agencies specifically
authorized by state or federal law to have access
to the information; individuals and agencies for
which law or legal order authorizes a new use or
sharing of information after this notice was
given; and anyone with your written consent.
An equal opportunity employer
city of
go 2dva1�1�
Y
MEMORANDUM
Police Department
763-593-80791763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
3. C. 2. Gambling Premises Permit Application - Northstar Search & Rescue
Prepared By
Jason J. Sturgis, Chief of Police
Jeff Johnson, Sergeant
Summary
Northstar Search & Rescue have submitted an application for a Minnesota Lawful Gambling
Premises Permit. Northstar Search & Rescue will be operating the pull -tab booth, electronic pull
tabs, and linked bingo at New Bohemia Wurst & Bier Haus restaurant located at 8040 Olson
Memorial Highway.
An investigation was conducted by the Police Department reference this permit application. This
investigation included checks with the Gambling Enforcement Division of the Minnesota
Department of Public Safety, and the Minnesota Gambling Control Board. No negative
information was received as a result of the investigation.
The applicant has met all statutory and City Code requirements for issuance of a lawful gambling
premises permit.
Attachments
• Resolution Approving Issuance of a Premises Permit for the Conduct of Lawful Gambling -
Northstar Search & Rescue (1 page)
Recommended Action
Motion to adopt Resolution approving issuance of a Premises Permit for the Conduct of Lawful
Gambling - Northstar Search & Rescue.
Resolution 17-41 July 18, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT
FOR THE CONDUCT OF LAWFUL GAMBLING
(NORTHSTAR SEARCH AND RESCUE)
WHEREAS, Minnesota Statutes Chapter 349 provide for the licensing of lawful
gambling by the State Gambling Control Board ("Board"); and
WHEREAS, a licensed organization may not conduct lawful gambling at any site
unless it has first obtained from the Board a premises permit for the site; and
WHEREAS, the Board may not issue or renew a premises permit unless the
organization submits a resolution from the City Council approving the premises permit; said
resolution shall have been adopted within 60 days of the date of the application was
received by the City.
NOW, THEREFORE, BE IT RESOLVED by the City of Golden Valley that the
applicant listed below does meet the criteria necessary to receive a premises permit and
the application is hereby approved:
(Name and Address of Organization)
Northstar Search and Rescue, 1609 Independence Avenue North, Golden Valley,
Minnesota 55427
(Name and Address of Site where Premises Permit Sought)
New Bohemia Wurst & Bier Haus, 8040 Olson Memorial Highway, Golden Valley,
Minnesota 55427
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
city of
goldval��
Y
MEMORANDUM
City Administration/ Council
763-593-39911763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
3. C. 3. Approve City Gambling License for Northstar Search & Rescue
Prepared By
Kris Luedke, City Clerk
Summary
Northstar Search & Rescue has submitted an application for a Minnesota Lawful Gambling license
operating at New Bohemia Wurst & Bier Haus located at 8040 Olson Memorial Highway. The
Golden Valley Police Department has conducted a background investigation and has found no
reason to deny the license.
Recommended Action
Motion to approve City gambling license for Northstar Search & Rescue through December 31,
2017.
city 0
golden'EOA[v11 Administrative Services Department
763-593-8013 1753-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
3. C. 4. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council." As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
• Beer and/or wine request list (1 page)
Recommended Action
Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff.
BEER AND/OR WINE REQUEST LIST
INDIVIDUAL OR ORGANIZATION
CC DATE
DATE
TIME
SHELTER
APPROVED
Liao. Yanru
07-31
5pm-10pm
Small
07-18-17
Schmidt, Mike
08-02
11 am-4pm
Small
07-18-17
Pad, Marianne
08-03
11 am-4pm
Small
07-18-17
King, Melissa
08-06
11 am-4pm
Small
07-18-17
Popehn, Paul
08-19
11 am-4pm
Small
07-18-17
Norlin, Amanda
08-20
11 am-4pm
Large
07-18-17
Scott, Cheryl
08-24
5pm-10pm
Small
07-18-17
Dang, David
08-25
11 am-4pm
Large
07-18-17
Peterson, Molly
08-31
11 am-4pm
Small
07-18-17
Jackson, Amy
09-12
5pm-10pm
Large
07-18-17
Forsberg, Dale
09-17
5pm-10pm
Large
07-18-17
Besner, Allan
09-30
11 am-4pm
Large
07-18-17
city of
go ldva�lle�y
Commissioners present:
Commissioners absent:
MINUTES
Human Rights Commission (HRC)
Golden Valley City Hall
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Council Conference Room
Jonathan Burris, Co -Chair
Adam Buttress, Co -Chair
Teresa Martin
Gloria Peck
Kyle Pettersen-Scott
Hattie Bonds
Andrew Ramlet
May 23, 2017
Staff: Tim Cruikshank, City Manager
Kirsten Santelices, Human Resources Director
Jason Sturgis, Police Chief
The meeting was convened at 6:30 pm by Co -Chair Burris.
Introductions
Commissioners and Staff introduced themselves.
liaison to the HRC.
APPROVAL OF AGENDA
No changes were made to the agenda.
Cruikshank introduced Santelices as the new staff
APPROVAL OF April 25, 2017 REGULAR MEETING MINUTES
Motion by Commissioner Pettersen-Scott, second by Commissioner Martin to approve the
April 25, 2017 minutes. Motion carried 5-0.
OLD BUSINESS
ACLU Model State and Local Law Enforcement Policies and Rules
Cruikshank stated at the April HRC meeting there was a presentation from the Golden Valley ACLU
People Power group. He stated that since this meeting he and the Police Chief met with the group
and had a discussion about the policies and rules. The HRC is being requested to review the topic
and make a recommendation to the City Council at the August Council/Manager meeting.
Sturgis attended the meeting and compared the Golden Valley (GV) Police Department policies and
the proposed 9 ACLU policies, outlining the similarities and differences. Sturgis will email the HRC
members the GV Police Policy Manual and Impartial Policing Policy. Staff will review the policy and
possibly develop some educational material for inclusion at the Citizen Academy.
The HRC will continue the discussion at the June HRC Meeting.
Human Rights Commission May 23, 2017
Meeting Minutes Page 1 of 3
Comprehensive Plan
Zimmerman gave a PowerPoint presentation on the Comprehensive Plan. Cruikshank informed the
HRC that they can provide feedback and make a statement on the Comprehensive Plan before the
end of the year.
2017 Pride Festival Update - Booth/Speaker
Buttress updated the HRC on the activities for the festival. It has been determined that there will be
no speakers at the event. The HRC was to have sponsored a speaker. The HRC discussed
possible information and activities to provide at the booth. Since there is a very short time before
the event it was determined there would be no HRC sponsored events at this year's Pride Festival.
The HRC will welcome residents and visitors, provide information and distribute HRC magnets. It
was determined that the HRC would start planning now to possibly get an educational speaker for
2018. Santelices stated she has contacts that could assist with activities for the event in 2018 and
possibly in 2017.
The Commission discussed the schedule for the event and those who are able to help will help with
the set-up, booth staffing and clean-up.
May 9 Council/Manager Meeting Update
Cruikshank stated if the HRC wants to discuss and propose any items for consideration they should
be included in the HRC Work Plan. If during the year the HRC would like to suggest an alternative
topic it could be raised at a Council/Manager meeting during the future agenda item review for
Council consideration.
Board/Commission Vacancies
Cruikshank reviewed the board/commission application and appointment process. He stated that he
anticipates a new member will be in attendance at the June meeting. He also reviewed the
attendance policy stating that staff have been in contact with board/commission members who have
been unable to attend to determine their status.
League of Minnesota Human Rights Commission Membership Renewal
Martin and Peck reported that their website is down and nothing had been updated on their
Facebook page since February.
Cruikshank stated that the City paid the $100 dues for 2015 and 2016. No dues have been paid for
2017.
After discussion by the HRC it was determined that no dues will be paid until the HRC directs staff
to approve payment of the dues.
Government Alliance on Race and Equity (CARE) "Advancing Racial Equity Speaker
Series "Organizing for Power - Inside and Outside Strategies" - May 24, 2017
Cruikshank invited the HRC to attend the GARE Advancing Racial Equity Speaker Series
"Organizing for Power - Inside and Outside Strategies" to be held on May 24, 2017 from 6-8 pm at
the Bloomington Civic Plaza, Schneider Theatre, 1800 West Old Shakopee Road. Some staff
members are attending. Interested members can register for the speaker on-line. Staff will
coordinate getting a ticket for Pettersen-Scott.
OLD BUSINESS
June Agenda Topics
By-law review and officer appointments
Comprehensive Plan Discussion
ACLU
Government Alliance on Race and Equity (CARE)
2017 Pride Update
Human Rights Commission May 23, 2017
Meeting Minutes Page 2 of 3
ADJOURN
Motion by Commissioner Buttress, second by Commissioner Martin to adjourn the meeting
at 8:40 pm. Motion carried 6-0.
ATTEST:
Judy Nally, Administrative Assistant
Jonathan Burris, Co -Chair
Approved by HRC: June 27, 2017
Human Rights Commission May 23, 2017
Meeting Minutes Page 3 of 3
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Meeting Minutes
May 22, 2017
1. Call to Order
Cornelius called the meeting to order at 6:30 pm.
2. Roll Call
Present: Commissioners: Roger Bergman, Andy Bukowski, Kelly Kuebelbeck, Bob Mattison, Gillian
Rosenquist, and Kimberly Sanberg. Staff: Rick Birno, Director of Parks and Recreation.
Absent: Cindy Carow-Schiebe, John Cornelius, and Dawn Speltz.
3. Agenda Changes or Additions
None.
4. Approval of Minutes - April 24, 2017
MOTION: Moved by Bergman and seconded by Sanberg to approve the April 24, 2017 meeting
minutes. Motion carried unanimously.
5. Reappoint Chair and Vice -Chair
MOTION: Moved by Bergman and seconded by Kuebelbeck to reappoint Cornelius as Chair and
Rosenquist as Vice -Chair. Motion carried unanimously.
6. Community Garden Planning Session
Commission members discussed options and amenities to define a Community Garden for Golden
Valley. After thoughtful discussion on options and key aspects, the Open Space and Recreation
Commission is recommending the following parameters:
• A Community Garden should be approximately .5-2 acres in size.
• A Community Garden area should have 12 to 24 gardens plots.
• Garden plots should be a minimum of 10' by 10' and no larger than 15' by 15'.
• Soil should be tested for lead, salts, and other elements that may pose an issue for gardening.
• Annual rental fee for a garden plot should be $30 (market rate - comparable to adjoining
communities).
• A Community Garden should have a 4' to 6' fence around the entire garden with a gardener
access gate and a larger maintenance gate.
• Access trail must be added to the entrance gate and be ADA appropriate.
• Individual gardeners will be responsible for fencing off their garden plot areas within the
fenced Community Garden.
• Neighborhoods should be notified of potential new Community Garden additions as they are
generally considered unsightly.
• Five foot wood chip pathways should be maintained within the garden area.
• A city water supply needs to be provided. It is too difficult to haul water in and the water barrel
system is too labor intensive for staff.
• Locations for Community Gardens should have close off-street parking available. On -street
parking can work if it is in close proximity to the garden area.
• Generally, a lottery system will be utilized annually for garden plots. If there is not high
demand for limited garden plots, historical use patterns will be honored.
• Garden plot rental would be a priority use for Golden Valley residents and cannot be sublet. If
plots are still available after all resident requests, non-residents would then be eligible.
• Community Gardens do require a sizable initial investment in infrastructure and require
annual and weekly maintenance. Examples of maintenance needs include: formal marking of
garden plots, weed composting collection, garbage collection, weed trimming around the
fence, and garden areas not in use. Wood chips will need to be purchased on a regular basis
and spread on garden paths. Garden areas will need to be tilled each spring and fall. Water
Open Space & Recreation Commission Minutes
May 22, 2017
Page 2
access installed, hoses supplied, and water system winterized annually. Fresh soil added as
needed and general fence/gate maintenance.
Commission members then focused discussion on potential locations in Golden Valley for Community
Gardens and also discussed options for off -leash pet exercise areas. All locations discussed have been
identified in the Comprehensive Park Plan. Park areas for consideration included: Gearty, Glenview
Terrace, Medley, Isaacson (south end), Tree Farm (Orkla open space), Wildwood Park, Yosemite, and
South Wesley Parks. Additional non -park areas were also discussed including: the City Hall campus,
open space at Dahlberg, southwest corner of Xenia, parcels along Highway 100, and the HRA parcel
on Turners Crossroad. After review of the potential non -park areas, commission members thought
there was not a good option for a Community Garden location. Issues included no off-street parking,
parcels too small for investment, difficult water access, difficult gardener access, irregular shape, and
grade issues.
After careful review and consideration, the Open Space and Recreation Commission recommended
the following areas for improvements in priority order:
Medley Park: Develop community garden in location of the failing tennis court area with the
parameters set above. Medley Park tennis courts should be maintained until the expanded
tennis courts at Wesley Park are complete and available for resident use. Staff noted the Wesley
tennis court project should be completed by June of 2018. Medley tennis courts would then be
removed fall of 2018 and construction of the new community garden would begin assuming
City Council approval. The new community garden area at Medley Park would be available for
resident use spring of 2019. Commission members also recommended adding an off -leash pet
exercise area on the Medley Park property referred to as ball field #2, which is no longer playable
and offers a large open space for a pet exercise area. Staff noted there are funds identified in the
2020 Park CIP for the addition of a pet exercise area. Commission members would like staff to
work with the Engineering department to explore storm water and clean water opportunities
with the pond area in the northwest corner of Medley Park.
Glenview Terrace Park: Develop second community garden and reconstruct small parking lot
when funding is available. Commission would also like to see a small sun shelter added close to
the playground area.
Valley View Park: Explore a partnership with Minneapolis Park Board to construct an off -leash
pet exercise area if the Theodore Wirth proposal does not come to fruition.
South Wesley Park. If private property can be obtained for public use, consider location for a
community garden or off -leash pet exercise area.
Tree Farm (Orkla open space): Consider area for a community garden. This area may also be a
good property to sell for private lots and use proceeds to purchase property next to South
Wesley Park which is larger, and would not have as much neighborhood impact and is adjacent
to off-street parking.
7. Commission and Staff Updates
• Board and Commission Dinner - To be held on May 30 at 6:30 pm at Brookview.
• Brookview Construction Project - Birno said the Brookview project is picking up momentum
with completion of concrete work, completion of roof, and most HVAC equipment is in place.
• Schaper Park Approval - Birno said the project has been finalized and is moving to the City
Council for approval.
• Run The Valley - Birno said the race had wonderful weather and excellent attendance.
• Isaacson Park Improvement - Birno said the new LED field lights at Isaacson are close to
complete and dugout reconstruction on field #1 begins late July.
Open Space & Recreation Commission Minutes
May 22, 2017
Page 3
8. Adjournment
MOTION: Moved by Bergman and seconded by Sanberg to adjourn at 8:20 pm. Motion carried
unanimously.
ATTEST:
Sheila Van Sloun, Administrative Assistant
John Cornelius, Chair
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of February 1, 2017
The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was called to order at
1:30 pm in the City of Golden Valley Council Chambers.
Commissioners Present
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Tim Cruikshank, City Manager, Golden Valley
Staff Present
Marc Nevinski, Physical Development Director, Golden Valley
Sue Virnig, Finance Director, Golden Valley
Bernie Weber, Acting Public Works Director, New Hope
Randy Kloepper, Water Superintendent, Crystal
Dave Lemke, Utilities Supervisor, New Hope
Mark Ray, Director of Public Works/City Engineer, Crystal
Joe Hansen, Utilities Supervisor
Approval of Minutes — January 4. 2017
Moved by McDonald seconded by Cruikshank to approve the minutes of the January 4, 2017 Joint Water
Commission Meeting. Motion carried.
Proiect Presentation of PCCP Analysis (SEH. Inc.)
All Commissioners and staff introduced themselves to the Short Elliott Hendrickson, Inc. (SEH)
representatives. Paul Pasko and Jen Schumann, both of SEH, gave a presentation of the Joint Water
Commission (JWC) PCCP Draft Analysis. This was a general overview of the geo-database report of the
findings. This will also be presented by Golden Valley staff at the North American Society for Trenchless
Technologies in Washington D.C. on April 11, 2017. This show is a draw internationally.
Items discussed were the review of the projects objective, review of the projects findings, and the next
steps the Commission would like to see in the project. This report covers the 14 miles of the PCCP pipe.
Pasko stated that compared to other cities in Minnesota, the JWC is probably the furthest along in
identifying the condition of the PCCP pipes. Commissioners requested a hard copy of this report to
review. The Commission requested the TAC to determine the next step specifically as how to process
the data and move forward with the testing. The Commission determined to bring this item to their own
councils respectively and that a tri -city meeting is not necessary at this time.
Amendment — Golden Valley Reservoir Security Fence Project #13-030
Staff has determined a second gate is necessary to access a JWC gate valve south of the reservoir site.
Originally the JWC awarded a contract to Town & Country Fence to install a security fence around the
Golden Valley Reservoir. This addition would increase the contract amount by $1,800 for a total of
$31,050.
Moved by McDonald seconded by Cruikshank to approve the amendment to the Golden Valley Reservoir
Security Fence Project #13-030 in the amount of $1,800. Motion carried.
DeCola Update
Item is a request from the January 2017 JWC meeting. No update at this time. Add item to March 2017
JWC agenda.
Joint Water Commission
February 1, 2017
Page 2 of 3
Non-Aaenda Discussion Item
Previously, the Commission discussed the direction to take and directed Jeff Oliver to draft a Resolution
supporting a Cooperative Project Agreement for DeCola Ponds and Medicine Lake Road Area.
Commissioners are in agreement to bring a Resolution to their Councils for approval. The intent is to
demonstrate to the funding sources that all JWC Cities are all in agreement and in support of the DeCola
Ponds and Medicine Lake Road Area projects.
TAC Update
• 36" PCCP. Project is complete and finaled. Staff is working with consultant on the final drawings
from BMI.
• Arc Flash. Project complete with the exception of some staff training.
• Elevated Tower Inspection. As directed, staff will put one-half of the cost of the painting in the
2021 CIP with the second half in the CIP for 2022. Looking into funding options and reallocating
funds.
• Golden Valley Security Fence. Project complete with the exception of the additional gate.
Amendment was approved at this meeting.
• Golden Valley Reservoir Work. MN Mechanical is moving ahead. Staff ordered plates. Start date
will be late February with 1-2 months for completion.
• Tower Security. Staff to discuss each City's needs at next meeting. TAC Staff will evaluate needs,
budgets, and prioritize for CIP.
• Generator Move. Complete. Staff will process final invoices.
• PCCP Analysis Update. SEH will present Geo -database to the JWC at the February 1, 2017
meeting. TAC will then look for direction from the Commission. Staff will examine gate valve
replacement based on the analysis.
Other Business
Staff reviewed Average Hours Rate numbers with the Commission. The JWC approves the average
hourly rate and charges the Cities accordingly. The hourly charge will be $28.10 with an overtime charge
of $37.20.
Moved by McDonald seconded by Cruikshank to approve the Average Hours Rates. Motion carried.
Next Meetina
The next meeting is scheduled for March 1, 2017 at 1:30 pm in the Golden Valley Council Conference
Room. Anne Norris will not be in attendance. CANCELLED DUE TO LACK OF AGENDA.
The next meeting is scheduled for April 5, 2017 at 1:30 pm in the Golden Valley Council Conference
Room.
Adiournment
Moved by McDonald seconded by Cruikshank to adjourn meeting. Motion ca
'AChair Norris adjourned the meeting at 3:00 pm. ,
Anne Norris
ATTEST:
Y, , t -, �_ " YA
Sue Schwalbe, Recording Secretary
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of April 5, 2017
The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was called to order at
1:30 pm in the City of Golden Valley Council Chambers.
Commissioners Present
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Tim Cruikshank, City Manager, Golden Valley
Staff Present
Marc Nevinski, Physical Development Director, Golden Valley
Sue Virnig, Finance Director, Golden Valley
Bernie Weber, Acting Public Works Director, New Hope
Randy Kloepper, Water Superintendent, Crystal
Dave Lemke, Utilities Supervisor, New Hope
Mark Ray, Director of Public Works/City Engineer, Crystal
Joe Hansen, Utilities Supervisor
Tom Hoffman, Water Resources Technician
Approval of Minutes — February 1, 2017
Moved by McDonald seconded by Cruikshank to approve the minutes of the February 1, 2017 Joint
Water Commission Meeting. Motion carried. March 1, 2017 JWC Meeting Cancelled due to lack of
agenda.
Election/Appointment of Offices to the Joint Water Commission
Chairperson, Vice Chairperson and Secretary/Treasurer.
Moved by Cruikshank seconded by McDonald to reappoint all Joint Water Commission Offices. Motion
Carried.
Solar Presentation
Staff from the City of Golden Valley has worked with Sundial Solar to identify and implement solar panel
installations through the City of Golden Valley. One of the sites identified as a possible location of the
installation of solar panels is the Golden Valley Reservoir. The Joint Water Commission owns the
reservoir and the Minneapolis Park and Recreation Board (MPRB) owns the land. The reservoir site
would include installing approximately 12 rolls of panels providing approximately 780,000 (DC watts)
annually. The panels would face north/south on the reservoir and range in height from 6 to 8 feet tall at
the north end to about 3 to 4 feet tall on the south end of each row. The panels will be similar to the
panels installed on the Golden Valley City Campus buildings; however the panels will be installed at a
lower angle to catch more direct light. This will also reduce the amount of light that is reflected and
potentially seen by neighboring properties. The underlying and surrounding area would then be seeded
with low maintenance native plantings. Access will be left to keep maintenance operations of the
reservoir open. Staff will work closely with neighboring property owners to address possible concerns.
There are no costs to the JWC to install panels on the reservoir. The investor will own and maintain the
panels for a period of 25 years. After the first six years, the JWC will have the option to buy and own the
solar array. If, after 25 years, the JCW opts not to purchase the panels, the investor must remove them
at their own costs.
The City will purchase directly from the investor all energy produced by the solar arrays. Any additional
energy needed would be purchased from Excel Energy. The rate that the investor charges is lower than
Joint Water Commission
April 5, 2017
Page 2 of 3
The City will purchase directly from the investor all energy produced by the solar arrays. Any additional
energy needed would be purchased from Excel Energy. The rate that the investor charges is lower than
the rate from Excel; therefore every kilowatt hour of electricity purchased from the solar investor
generates savings to the City. The City pays $.075 to Excel for energy and will only be charged $.055
from the investor. The city will also receive a solar credit from Excel on all energy produced.
If the project proceeds, the energy would be directed to power the reservoir operations. This would
save the JWC approximately $17,000 in the first year and will increases thereafter.
The TAC has reviewed the project and recommends moving forward with final design of the solar array
and structural analysis of the reservoir. Any of the TAC's minor concerns will be addressed during final
design of the project. The Commission requested copy of contract to be included in next month's
packet.
Award the CIP Project, Trunk Valve Replacement (#14-027) 32nd and Louisiana Valve Replacement
Project - Crystal
Staff reviewed the following quotes received for the Trunk Valve Replacement Project.
PIPE MATERIALS:
HD Supply Waterworks
Ferguson Waterworks
CONTRACTOR:
Valley -Rich Company
United Water & Sewer
PCCP TO DUCTILE IRON PIPE ADAPTERS
Forterra
$ 4,025.57
$ 5,792.22
$14,200.00
$15,700.00
$ 4,025.57 (Plus shipping)
NOTE: Forterra is the only supplier of the adapters.
Moved by McDonald seconded by Norris to award the CIP Project, Trunk Valve Replacement (#14-027),
32"d and Louisiana Valve Replacement Project—Crystal to HD Supply Waterworks. Motion carried.
TAC Update
• Arc Flash: Waiting on reports.
• Elevated Tower Inspection: TAC requesting to budget $360,000 annually for 10 year
replacement schedule.
• Reservoir Work: Fall construction.
• Tower Security: New Hope to provide updated quotes.
• PCCP Analysis Update. All functioning valves will be replaced based on ranking of pipe
• 2017 — 2021 CIP
#14-027: Trunk Valve Replacement. Will replace based off of Geodatabase finings.
#15-006: Install 48 -Inch gate valve at Golden Valley Reservoir. Scheduled for 2018.
#16-006: Inspect and Clean Reservoirs. Will obtain agreements in 2017
#16-012: Replace intake valve at Reservoir. Crystal will complete in 2017
#17-002 Rehab PCCP Pipe. Funds from Gate valve replacement.
Joint Water Commission
April 5, 2017
Page 3 of 3
Next Meeting
The next meeting is scheduled for May 3, 2017 at 1:30 pm in the Golden Valley Council Conference
Room. CANCELLED DUE TO LACK OF AGENDA.
The next meeting is scheduled for June 7, 2017 at 1:30 pm in the Golden Valley Council Conference
Room.
Adjournment
Moved by McDonald seconded by Cruikshank to adjourn meetirig. Motion carried.
Chair Norris adjourned the meeting at 3:00 pm. ,
:Z--�
Sue Schwalbe, Recording Secretary
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
3. E. Joint Powers Agreement with Robbinsdale School District for Use of Sandburg
Prepared By
Rick Birno, Parks & Recreation Director
Summary
The City of Golden Valley and Robbinsdale School District have partnered together for the
operation, maintenance and capital reinvestment of the outdoor athletic facilities at Sandburg
since 1982. The original Joint Powers Agreement (JPA) was approved in 1982 and updated in
1998 when a number of improvements were implemented on site. In 2015-16, the City
reconstructed the athletic green space adding a number of improvements including soccer fields,
irrigation, ball field fencing, picnic shelter, etc. Also during this time, Robbinsdale Schools
partnered with the City and constructed a new storage building which is shared by both
organizations. Staff for both the City and the School District have reviewed and updated the JPA
and are recommending approval. The new agreement replaces all previous agreements and the
document has been reviewed by the City Attorney.
Attachments
•2017 Sandburg Joint Powers Agreement (12 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign Sandburg Joint Powers Agreement with
ISD #281 Robbinsdale Schools.
JOINT POWERS AGREEMENT
(2400 Sandburg Lane, Golden Valley)
This Joint Powers Agreement ("Agreement") is entered into this day of ,
2017, by and between the City of Golden Valley, a Minnesota municipal corporation ("City")
and Independent School District No. 281, an independent school district organized under the
laws of the State of Minnesota ("District"), pursuant to Minnesota Statutes, Sections 471.59
("Act"). The District and City are collectively referred to hereafter as the "Parties" and each
individually as a "Party."
1. Recitals.
A. The City is empowered under Minnesota Statutes, Chapter 471 to expend funds
for the capital costs, operation, and maintenance of facilities for athletic fields and
related facilities;
B. The District has the power under Minnesota Statutes, Chapter 123B to care for,
manage and control its real property;
C. The Parties have determined that the City and the District need to provide
recreational facilities to students and the public;
D. The District is the owner of the real property located at 2400 Sandburg Lane,
Golden Valley, Minnesota ("Property"), which property includes:
(i) a building that as of the date hereof houses the Sandburg Learning Center
and, beginning in the fall of 2017, will house the Sandburg Middle School
("School Building");
(ii) parking areas located on the west and east side of the School Building
("Parking Areas"); and
(iii) athletic fields, an outdoor storage building and other improvements and
appurtenances related to the use of the athletic fields including, without
limitation, dugouts, bleachers, soccer goals, backstops, batting cages,
fencing, lighting fixtures, trash receptacles, a sun/storm shelter and
drinking fountains (collectively, "Recreation Facilities").
The location of the School Building, Recreation Facilities and a portion of the
Parking Areas are outlined on the attached Exhibit A ("Site Plan").
E. The Parties have authority pursuant to the Act and Minnesota Statutes, Chapters
123B and 471 to enter into this Agreement.
F. The Parties previously entered into an agreement dated March 16, 1982, and a
Joint Powers Development and Use Agreement dated June 2, 1998, related to the
shared use and maintenance of the Property. This Agreement supersedes and
replaces all previous agreements in their entirety.
1
2. Statement of Purpose. The purpose of this Agreement is to enable the Parties, through
joint and cooperative action, to provide recreational facilities of the highest quality and
lowest cost to their residents and students, and to provide a means for the maintenance
and supervision of such facilities. This Agreement is entered into for the purposes of
financing, managing and operating the Recreation Facilities and to facilitate the exercise
of powers by the Parties pursuant to the Act.
3. Term. Unless earlier terminated by either Party, this Agreement shall continue in effect
for 25 years commencing on the date first set forth above. The City shall have the right
to extend this Agreement upon the same terms and conditions for an additional term of 10
years. Thereafter, this Agreement shall continue on a year-to-year basis under the same
terms and conditions. The District shall continue to use the Property for public education
purposes for the duration of this Agreement with a complimentary recreation use by the
City, as described herein.
4. City Duties: The City shall perform the following, at its sole cost:
A. Operate and manage all City -coordinated and scheduled programs held at the
Recreation Facilities from April 1 to October 31 of each year.
B. From April 1 to October 31 of each year, maintain the Recreation Facilities
(except the Storage Building [defined below]), including fertilizing, watering,
trash removal, irrigation system maintenance and operation, mowing, athletic
amenity maintenance and field lighting.
C. From March 1 to November 30 maintain and perform capital replacements and
improvements, at the City's sole discretion, for the following portions of the
Recreation Facilities: two full-size ballfields, bleachers, dugouts, batting cages,
internal asphalt access trail, ballfield lights, backstops, ballfield fencing, irrigation
and ballfield turf.
D. From March 1 to November 30 maintain and perform capital replacements and
improvements, at the City's sole discretion, for the following portions of the
Recreation Facilities: soccer fields, soccer goals, drinking fountain, internal
asphalt access trail, sun/storm shelter, irrigation, soccer field fencing and soccer
field turf.
E. Maintain open communication with the District for facility use and management
to maximize operative action to effectuate this Agreement.
5. District Duties: The School District shall perform the following, at is sole cost:
A. Provide the City with reasonable access to the Recreation Facilities for their
maintenance, operation and use by the City, as set forth in this Agreement.
B. Refrain from altering the Recreation Facilities in any fashion which will render
the Recreation Facilities or any appurtenances unusable as baseball and soccer
fields unless the Parties have previously agreed in writing to such alteration.
W
C. Grant the City any easements for utilities reasonably necessary to provide utility
service to the Recreation Facilities.
D. Provide any required facility usage permits for the City's use of the Recreation
Facilities as set forth in this Agreement.
E. Maintain open communication with the City for facility use and management to
maximize operative action to effectuate this Agreement
6. Site Plan. Each party shall obtain the written consent of the other Party before making
any changes to the layout of the Recreation Facilities set forth on the Site Plan, which
consent shall not be unreasonable withheld.
7. Use of the Recreation Facilities.
A. On days when Sandburg Middle School is in session, other than summer -school
program days, the City shall have use of all of the Recreation Facilities from
5:30 pm to 10:30 pm for City recreation and partnership programs.
B. On days when Sandburg Middle School is in session for summer -school
programs, the District shall have reasonable use of the Recreation Facilities from
7:30 am to 12:30 pm, the City shall have use of any portion of the Recreation
Facilities not being used by the District from 7:30 am to 12:30 pm for City
recreation programs, and the City shall have use of all of the Recreation Facilities
from 12:30 pm to 10:30 pm for City recreation and partnership programs.
C. On non -school days and non -summer -school program days, including weekends,
the City shall have use of all of the Recreation Facilities from 8:00 am to
10:30 pm for City recreation and partnership programs.
D. Upon mutual agreement of the Parties, the City shall have the right to use the
Recreation Facilities during those times normally reserved for District use when
the Recreation Facilities are not in use by the District and the District shall have
the right to use the Recreation Facilities during those times normally reserved for
City use when the Recreation Facilities are not in use by the City.
8. Storage Building.
A. The District shall own and maintain the outdoor storage building that is part of the
Recreation Facilities ("Storage Building").
B. Should the Storage Building require capital improvements during the term of this
Agreement, the City shall pay fifty percent (50%) of the cost of such
improvements, provided that (i) if the City's share of costs for any such
improvement are equal to or less than $20,000, the City's obligation to pay shall
be subject to the City's prior written approval, which approval shall not be
unreasonably withheld; and (ii) if the City's share of costs for any such
improvement should exceed $20,000, the City's obligation to pay shall be subject
3
to the City's prior written approval of such improvements and the City shall have
the right, at is sole discretion to refuse to contribute to the improvement.
C. The City shall have the right to use, for storage purposes, the north half of the area
within the Storage Building, as shown on the attached Exhibit B, at no cost to the
City.
9. Parking.
A. The District, at its own expense, shall perform all maintenance and capital
replacements for the Parking Areas.
B. The City may construct an additional parking area on the east end of the Property
("Future Parking Area") at its expense. All plans for the Future Parking Area
shall be subject to the prior review and approval of the City and the District.
Under no circumstances shall the City be required to construct the Future Parking
Area.
C. The Parking Areas and any Future Parking Area may be used by City staff
involved in and members of the public participating in the City's recreation and
partnership programs at the Recreation Facilities and/or Isaacson Park during
those times the City has use of the Recreation Facilities under Section 7 of this
Agreement.
10. Ownership and Tax -Status of the Project. The Property is and will continue to be owned
by the District. The property tax status of the Property shall be determined on the basis
of the treatment by Hennepin County. The Property is currently tax exempt and is
expected to remain tax exempt. In the event the Property should become taxable, the
District shall be solely responsible for all such taxes.
11. Termination.
A. Either party may terminate this Agreement by giving notice to the other Party on
or before January 15 of any year. Such termination shall be effective as of March
31St of the same year. The City shall have 90 days from the termination date to
remove its personal property from the Property.
B. Notwithstanding any mutual agreement of the Parties to a termination notice
shorter than stated in Section 11(A), the Party initiating the written notice of
termination shall be deemed the Party who terminates this agreement for purposes
of Section 12.
12. Repayment.
A. If the City terminates this Agreement, the District shall not reimburse the City any
costs incurred by the City related to the Recreation Facilities.
al
B. If the District terminates this Agreement, the District shall reimburse the City the
following amounts:
(i) A portion of the total amount the City paid to add certain improvements to
the Recreation Facilities during the two-year period prior to the date of
this Agreement, with such portion to be determined by multiplying the
total amount paid by the City for such improvements ($500,000.00) by a
fraction, the numerator of which is the number of months remaining in the
initial 25 -year term of this Agreement and the denominator of which is
300.
(ii) A portion of the amount the City paid for the construction of the Future
Parking Area, if any, with such portion to be determined by multiplying
the total costs paid by the City for constructing the Future Parking Area,
including but not limited to the costs of construction, equipment, material,
labor, design and site preparation, by a fraction, the denominator of which
is the number of months remaining in the initial 25 -year term of this
Agreement on the date on which the City commences construction of the
Future Parking Area ("Parking Months") and the numerator of which is
the number of Parking Months remaining upon the effective date of
termination.
(iii) A portion of the cumulative amount the City paid for capital
improvements to the Storage Building after the date hereof, with such
portion to be determined by multiplying each separate capital
improvement payment made by the City by a fraction the denominator of
which is the number of months remaining in the initial 25 -year term of this
Agreement on the date on which the City made the applicable capital
improvement payment ("Storage Building Months") and the numerator
of which is the number of the applicable Storage Building Months
remaining upon the effective date of termination. If the City has made
multiple capital improvement payments for the Storage Building at the
time of termination determining the cumulative amount under this
paragraph shall require a separate calculation for each such payment made
and the total payment shall be equal to the sum of all such calculations.
13. Supervision/Insurance/Indemnity.
A. Each Party shall be responsible for reasonable supervision of its own users of the
Recreation Facilities during the periods in which the Party has use of the
Recreation Facilities under Section 7 of this Agreement. The Parties shall carry
policies of liability insurance in at least the amounts specified as the extent of
such liability under Minn. Stat. § 466.04, as amended. Nothing herein shall be
deemed to waive any immunity or statutory limits of liability granted to the
Parties. The Parties agree to defend, indemnify and hold harmless each other,
their elected officials, officers, agents and employees from any liability, claims,
demands, personal injury, costs, judgments or expenses arising from the fault of
5
the indemnifying Party's own actions in design, ownership, development,
maintenance, supervision or operation of the Recreation Facilities. The District
shall be named as an additional insured on (i) the City's liability insurance policy
with respect recreational programs the City operates at the Recreational Facilities.
B. The District shall be responsible for all property insurance with respect to the real
property referred to herein as the Property, including the School Building, Storage
Building and Parking Areas. The City shall be responsible for liability insurance
for the Recreation Facilities excluding the Storage Building. The limit of liability
for such coverage shall be no less than the replacement cost of the insured
property. In event of an insured property casualty with respect to property and
improvements insured by the District, the District shall apply the insurance
proceeds therefrom towards the reconstruction of the same in a manner mutually
agreeable to the District and the City. In the event of an insured property casualty
with respect to improvements and appurtenances insured by the City, the City
shall apply the insurance proceeds therefrom towards the reconstruction of the
same in a manner mutually agreeable to the District and the City.
C. Each Party shall be responsible for damages to or loss of its own equipment. Each
Party waives the right to sue the other Party for any damages to or loss of its
equipment, even if the damages or losses were caused wholly or partially by the
negligence of the other Party or its officers, employees, or volunteers.
D. Each Party must provide proof of insurance upon request to the other Party.
E. To the fullest extent permitted by law, action by the Parties under this Agreement
is intended to be and shall be construed as "cooperative activity," and it is the
intent of the Parties that they shall be deemed a "single governmental unit" for the
purposes of liability, as set forth in Minnesota Statutes, section 471.59, subd.
la(a), and provided further that for purposes of that statute, each Party expressly
declines responsibility for the acts or omissions of the other Party. Each party
shall not be liable for the acts or omissions of the other Party except to the extent
the Parties have agreed otherwise in writing.
14. Memorandum of this Agreement. Either Party shall have the right to require the other
Party to execute a memorandum of this agreement in recordable form, and either Party
shall have the right to file such memorandum, at its own expense, in the appropriate
Hennepin County land records.
15. Counterparts and Amendments. This Agreement may be amended in writing at any time
by mutual consent of the Parties. Any such amendment shall be executed by the same
Parties who executed this agreement or by their duly authorized successors in office.
This Agreement and any amendments may be executed in counterparts, all of which
executed counterparts shall together constitute a single document. Signature pages may
be detached from the counterparts and attached to a single copy of this Agreement or
amendments to physically form one document
no
16. Subletting/Assignment. Except as allowed in this Agreement, neither Party shall assign,
sublet or otherwise grant another party use of the Recreation Facilities without the written
consent of the other Party.
17. Workers Compensation Claims.
A. It is agreed that any and all employees of the District and the City and all other
persons engaged by each respective Party in the performance of any work or
services required or provided as contemplated by this Agreement shall not be
considered employees of the other Party, and that any and all claims that may or
might arise under worker's compensation laws or unemployment compensation
laws on behalf of said employees while so engaged and any and all claims made
by any third Parties as a consequence of any act or omission on the part of said
employees while so engaged on any of the work or services provided as
contemplated by this Agreement shall in no way be the obligation or
responsibility of the other Party.
B. Each Party shall be responsible for injuries or death of its own personnel. Each
Party shall maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are providing assistance pursuant to this
Agreement. Each Party waives the right to sue the other Party for any workers'
compensation benefits paid to its own employee or volunteer or their dependents,
even if the injuries were caused wholly or partially by the negligence of any other
Parry or its officers, employees, or volunteers.
18. Retained Authority. Except to the extent expressly provided herein, this Agreement shall
not otherwise alter the powers of the Parties.
19. Saving- Provision. If any provision of this Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, the remaining provisions
of this Agreement shall not be affected thereby, and such provisions found to be unlawful
or unenforceable shall not be affected as to their enforcement or lawfulness as to any
other entity or in any other jurisdiction, and to such extent the terms and provisions of
this Agreement are intended to be severable.
20. Exhibits. All exhibits and attachments referred to herein and attached hereto shall be
deemed part of the Agreement and are hereby incorporated by references as if fully
restated herein.
[SIGNATURE PAGE ATTACHED]
7
IN WITNESS WHEREOF, the City and the District have caused their names to
be signed by their respective officers thereunto duly authorized and their respective seals,
if any, to be hereunto affixed, as of the date and year first written above.
INDEPENDENT SCHOOL DISTRICT #281
Its:
CITY OF GOLDEN VALLEY
M.
Shepard M. Harris, Mayor
Timothy J. Cruikshank, City Manager
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From: John Kluchka
Sent: Thursday, July 13, 2017 12:01 PM
To: Cruikshank, Tim<TCruikshank(cb-aoldenvalleymn.yov>; Nally, Judy
<JNally(cD-goldenvalleymn.gov>
Subject: Kluchka planning commission post
Hello!
I'd like to end my current position on the planning commission. I'm happy to
participate until a replacement is seated but would like that to be prior to
the end of August as the school year starts up.
I'm also ordering that if there is a gap in consideration of architectural
review, public art, aesthetics, urban planning or experience design, I'm
happy to contribute as projects come up. It could also be a part of Golden
Valley Arts if that makes things easier.
Thanks!
John Kluchka
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
60 day deadline: July 16, 2017
60 day extension: September 14, 2017
Agenda Item
4. A. Public Hearing - Approval of Conditional Use Permit 157 - 8837 7
th Avenue North - Skylab
Glass Arts, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
David Schuster, representing Skylab Glass Arts, is proposing to include an accessory retail
component to accompany a primary studio art use located at 8838 7
th Avenue North. This
property is zoned Light Industrial and guided for long-term Light Industrial use. Retail sales are
allowed as an accessory use with a Conditional Use Permit (CUP) if the retail area occupies less
than 10% of the building’s gross floor area.
The applicant intends to lease approximately 3,185 square feet of space in a multi-tenant building
that contains a variety of uses. The proposed retail component would use 400 square feet in a
building with 66,142 square feet gross floor area. This translates to roughly one half of 1% of the
building’s total square footage. Three other accessory retail uses already occupy 8.6% of the
building. Together, the four accessory retail uses would occupy less than 10% of the building’s
gross floor area.
The applicant writes that the studio will be set up to support eight monthly renters and have
space at a large table for eight members of the general public to use in three hour blocks.
Monthly renters would have 24 hour access to the facility. There is some hope that evening or
weekend classes could be held at some point in the future during the holiday months.
The accessory retail portion of the building would be used to sell tools and raw materials for the
glass arts process; these are currently often shipped to local artists from greater distances. The
applicant anticipates that only one to two dozen customers from the general public would visit
the retail use during the week. In addition to the owner, three other artists will be employed at
the studio. If the CUP were to be approved, the applicant proposes days and hours for the retail
operation of 9 am - 9 pm seven days a week.
The site has a front parking lot that contains 112 spaces. The applicant has been assigned six of
these spaces, though they are not signed or reserved for individual tenants. A rear loading area
handles deliveries and shipping.
Of the many potential impacts that are regulated through the CUP process, traffic and parking are
the primary issues that might be cause for concern with this proposal. In this instance, however,
the hours of operation and the quantity of parking spaces available on-site appear to negate the
potential impacts.
At the June 26, 2017, Planning Commission meeting, the Commission voted unanimously (7-0) to
recommend approval of the proposal. Specifically, the Commission felt the proposed use was in
compliance with the ten factors in the City Code that determine the eligibility of a conditional
use, subject to the following conditions:
1.The plans submitted by the applicant dated May 17, 2017, shall become a part of this
approval.
2.In the event complaints to the City regarding parking are deemed by the City Manager or
his/her designee to be significant, the City reserves the right to require signage be installed to
highlight the existing six parking spaces in the front parking lot and to reserve them for
customer use. Other modifications to the days or hours of operation, or the pursuit of an off-
site parking option, may be required to adequately address parking concerns.
3.If classes are proposed in the future, the applicant shall work with City staff to structure the
hours and size of the classes so as to allow parking to continue to function efficiently with the
other tenants and uses in the building.
4.The applicant shall contact the Golden Valley Fire Department to schedule a routine fire
inspection after occupying the space.
5.This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
•Location Map (1 page)
•Memo to the Planning Commission, dated June 26, 2017 (3 pages)
•Applicant’s Narrative (1 page)
•Proposed Floor Plan received May 17, 2017 (1 page)
•Site Plan (1 page)
•Ordinance #623, Approval of Conditional Use Permit No. 157, 7
th Avenue North, Skylab Glass
Arts, Applicant (2 pages)
Recommended Action
Motion to adopt Ordinance #623, Approval of Conditional Use Permit No. 157, 7
th Avenue North,
Skylab Glass Arts, Applicant.
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Date: June 26, 2017
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing—Conditional Use Permit (CUP-157)to Allow for Accessory
Retail Services Incidental to a Permitted Use at 8838 7th Avenue North
—Skylab Glass Arts, Applicant
Background and Proposed Use
David Schuster, representing Skylab Glass Arts, is proposing to include an accessory retail
component to accompany a primary studio art use located at 8838 7th Avenue North. This
property is zoned Light Industrial and guided for long-term Light Industrial use. Retail sales are
allowed as an accessory use with a Conditional Use Permit (CUP) if the retail area occupies less
than 10% of the building's gross floor area.
The subject property is bounded by 7th Avenue North to the south and industrial properties to
the north. It is directly across the street from the TruStone Credit Union and the Perkins and
Culver's restaurants.
The applicant intends to lease approximately 3,185 square feet of space in a multi-tenant
building. The proposed retail component would use 400 square feet in a building with 66,142
square feet gross floor area. This translates to roughly one half of 1% of the building's total
square footage. Three other accessory retail uses already occupy 8.6% of the building. Together,
the four accessory retail uses would occupy less than 10% of the building's gross floor area.
The applicant writes that the studio will be set up to support eight monthly renters and have
space at a large table for eight members of the general public to use in three hour blocks.
Monthly renters would have 24 hour access to the facility. There is some hope that evening or
weekend classes could be held at some point in the future during the holiday months.
The accessory retail portion of the building would be used to sell tools and raw materials for the
glass arts process; these are currently often shipped to local artists from greater distances. The
applicant anticipates that only one to two dozen customers from the general public would visit
the retail use during the week. In addition to the owner, three other artists will be employed at
the studio.
If the CUP were to be approved, the applicant proposes days and hours for the retail operation of
9 am —9 pm seven days a week. The hours for the other accessory retail locations in the building
are currently as follows:
New to You Thriftique
10 am —5 pm on Wednesdays and Fridays, 10 am —7 pm on Thursdays
Empty the Nest
10 am —6 pm on Mondays, 10 am —6 pm on Saturdays, 11 am —5 pm on Sundays
Big Deals Liquidation Outlet
11 am —6 pm on Tuesdays thru Thursdays, 10 am —5 pm on Fridays and Saturdays
The site has a front parking lot that contains 112 spaces. The applicant has been assigned six of
these spaces, though they are not signed or reserved for individual tenants. A rear loading area
handles deliveries and shipping.
By code, retail uses require one parking space for every 250 square feet of gross floor area. There
are no good equivalent uses for a glass arts studio listed in the Zoning Code, so staff has
estimated the parking requirements to be no more intense than for a fabricating use which is one
space per 500 square feet of gross floor area. Based on these ratios and the proposed layout, the
applicant would need:
400 sq. ft. retail @ 1 space per 250 sq. ft. 1.6
2,785 sq. ft. studio @ 1 space per 500 sq. ft. 5.6
7.2 spaces required
Similar to the other accessory retail uses permitted in the building, staff is recommending a
condition of approval be included that requires the applicant to work with the City to revise
hours and parking if necessary to address any issues that arise.
Evaluation
The findings and recommendations for a Conditional Use Permit are based upon any or all of the
following factors:
1. Demonstrated Need for the Proposed Use: The applicant indicates the glass arts studio—and
specifically the accessory retail component—will fill a need in the community and provide a
local outlet for materials and equipment.
2. Consistency with the Comprehensive Plan: A studio art use with an accessory retail
component is consistent with the City's vision to bring more activity and variety of uses to the
transitional area west of the downtown, and is not incompatible with the Light Industrial
designation of this property on the General Land Use Plan Map.
3. Effect on Property Values: Staff anticipates the new use would have no impact on the
surrounding property values.
2
4. Effect on Traffic: The number of trips associated with the proposed use is moderate and
spread throughout the day and week. Staff does not expect any negative traffic impacts to
the surrounding areas.
5. Effect of Increases in Population and Density:The proposed use is not anticipated to
significantly increase the number of employees at the location.
6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise
levels.
7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase
in dust, odor, or vibrations.
8. Impact of Pests:The proposed use is not anticipated to attract pests.
9. Visual Impact: Because the proposed use would involve only interior modifications, staff does
not anticipate a change in the visual quality of the property.
10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects
of the proposed use. The location is a multi-tenant light industrial property with adequate
parking to serve the individual uses.
Recommended Action
Staff recommends approval of Conditional Use Permit 157 allowing for accessory retail services
incidental to a permitted use at 8838 7th Avenue North. The approval of a Conditional Use Permit
is subject to the following conditions:
Planning
1. The plans submitted by the applicant dated May 17, 2017, shall become a part of this
approval.
2. In the event complaints to the City regarding parking are deemed by the City Manager or
his/her designee to be significant, the City reserves the right to require signage be installed to
highlight the existing six parking spaces in the front parking lot and to reserve them for
customer use. Other modifications to the days or hours of operation may be required to
adequately address parking concerns.
3. If classes are proposed in the future, the applicant shall work with City staff to structure the
hours and size of the classes so as to function efficiently with the other tenants and uses in
the building.
Fire
4. The applicant shall contact the Golden Valley Fire Department to schedule a routine fire
inspection after occupying the space.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
Location Map (1 page)
Applicant's Narrative (1 page)
Proposed Floor Plan received May 17, 2017 (1 page)
Site Plan (1 page)
3
Hello, my name is David Schuster, my wife, Marnie and I grew up in Golden Valley on opposite sites on
Medley park, we met in first grade(1976) at Sunny Hollow and both lived in Golden Valley till College, we
re-connected at our Armstrong twenty year class reunion, we have 4 wonderful children. Marnie is a
nurse in the family birth center at Methodist, and we owned two Jimmy John's that we recently sold,
now we are planning a new adventure in the glass arts business.
Skylab Glass arts is a glass arts studio that will have a small area (400-500sgft) dedicated to retail sales of
Lampworking/Beading tools and raw materials,there is nowhere in the Midwest to purchase raw
borosilicate glass, or equipment, all the artists I know currently have glass/tools shipped from North
Carolina or Oregon/California at great cost. We will be buying raw materials in bulk, trucking it in and
selling raw glass by the case or smaller to the local glass artist in Minnesota. I don't foresee more than a
few people a day purchasing and not being a renter at the studio.
That brings us to the second part of the business plan, we will have room for 8 monthly renters(hoping
to expand to 10) and a large rental table that will have 8 spots at it for the general public to come in and
rent, the plan is for 4-3 hour blocks per day we will be open from 9am-9pm, rental blocks from 9-12, 12-
3, 3-6, 6-9. Our hours of operation to the general public will be 9am-9pm with the monthly renters
having 24 hr access via the back door. I am planning on asking RE Micheal about using their lot for
afterhours parking (they are directly behind us). I eventually would like to do classes on the weekends or
some weeknights during holiday months, I believe holiday ornament groupons would be a great way of
driving business to the area. Next year it is our hope to be included in the community education
catalogue of classes for adults, bead making is easy and in expensive. We can also do ornaments,
pendants, cabinet/drawer pull handles and marbles.There are a lot of options for easy community
education classes that by next year we will be ready to teach.
I cannot imagine that at any point all of the monthly renters and the hourly rental table spots will be in
use at the same time, however if we do, the maximum number of people will be 16 and I am going to
assuming a large portion of the hourly renters will be couples or friends who drive together.
Thank you for your consideration, we are very excited to join the Golden Valley community again.
David & Marnie Schuster
Skylab Glass Arts
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ORDINANCE NO. 623, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 157
8838 7
th Avenue North
Skylab Glass Arts, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is
amended in Section 11.10, Subd. 2, and Section 11.35, by approving a Conditional Use
Permit for a certain tract of land at 8838 7th Avenue North, thereby allowing Accessory
Retail Sales in the Light Industrial Zoning District.
This Conditional Use Permit is approved based on the findings of the Planning
Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby
adopted and incorporated herein as follows:
1. The applicant indicates the glass arts studio - and specifically the accessory retail
component - will fill a need in the community and provide a local outlet for materials and
equipment.
2. A studio art use with an accessory retail component is consistent with the City’s vision
to bring more activity and variety of uses to the transitional area west of the downtown,
and is not incompatible with the Light Industrial designation of this property on the
General Land Use Plan Map.
3. Staff anticipates the new use would have no impact on the surrounding property values.
4. The number of trips associated with the proposed use is moderate and spread
throughout the day and week. Staff does not expect any negative traffic impacts to the
surrounding areas.
5. The proposed use is not anticipated to significantly increase the number of employees
at the location.
6. The proposed use is not anticipated to cause an increase in noise levels.
7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations.
8. The proposed use is not anticipated to attract pests.
9. Because the proposed use would involve only interior modifications, staff does not
anticipate a change in the visual quality of the property.
10.Staff does not anticipate any other negative effects of the proposed use. The location is
a multi-tenant light industrial property with adequate parking to serve the individual
uses.
This Conditional Use Permit is subject to all of the terms of the permit to be issued
including, but not limited to the following specific conditions:
1. The plans submitted by the applicant dated May 17, 2017, shall become a part of this
approval.
2. In the event complaints to the City regarding parking are deemed by the City Manager
or his/her designee to be significant, the City reserves the right to require signage be
installed to highlight the existing six parking spaces in the front parking lot and to
reserve them for customer use. Other modifications to the days or hours of operation, or
the pursuit of an off-site parking option, may be required to adequately address parking
concerns.
Ordinance No. 623 -2-July 18, 2017
3. If classes are proposed in the future, the applicant shall work with City staff to structure
the hours and size of the classes so as to allow parking to continue to function efficiently
with the other tenants and uses in the building.
4. The applicant shall contact the Golden Valley Fire Department to schedule a routine fire
inspection after occupying the space.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
Section 2. The tract of land affected by this ordinance is legally described as follows:
Lot 3, Block 2, Golden Valley Industrial Park
Section 3. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Sec. 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 18th day of July, 2017.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
July 18, 2017
Agenda Item
6. A. 10
th Avenue Culvert Replacement Project
1. Award Construction Contract
2. Authorize Construction Services Contract
3. Approve Local Road Improvement Program Fund Grant
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, EIT, Engineer
Summary
Award Construction Contract
Staff solicited bids for the 10
th Avenue Culvert Replacement Project No. 16-22. Bids were opened
on June 29, 2017. The following bids were received:
Lametti and Sons, Inc.$1,512,864.00
Park Construction Company $1,762,151.83
Eureka Construction, Inc.$2,223,546.03
Minger Construction, Inc.$2,263,454.60
S.M. Hentges & Sons, Inc.$2,498,677.90
Max Steininger, Inc.$2,885,490.48
Staff has reviewed the bids and found them to be in order. Consistent with the agreement with
the Union Pacific Railroad (UPRR), the railroad has reviewed the low bid and determined that
bidder and bid are acceptable.
Construction Observation and Engineering Services
Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson,
Inc. (SEH), dated June 28, 2017, for construction staking and engineering services for the 10
th
Avenue Culvert Replacement Project. Engineering services include specialized work in
geotechnical engineering for soil conditions and environmental engineering. The construction
staking includes all survey work during construction, record drawing survey, and drawing
preparation following construction. Construction observation for this project will be performed
by both City and SEH staff. The proposal includes a not-to-exceed amount of $133,100.
Financing
The financing for this project is summarized as follows:
•2017-2021 Capital Improvement Program (SS-52, page 93) in the amount of $1,500,000
•Local Road Improvement Program (LRIP) Fund Grant in the amount of $590,000
•Union Pacific Railroad funding in the amount of $297,773.80
Attachments
•Professional Services Agreement Date June 28, 2017 (4 pages)
•Grant Agreement for Local Road Improvement Program (LRIP) Fund (27 pages)
•Resolution for LRIP Fund Grant Agreement (1 page)
Recommended Action
Motion to award a contract with Lametti and Sons, Inc. in the amount of $1,512,864 for
construction of the 10
th Avenue Culvert Replacement Project, City Project No. 16-22.
Motion to authorize entering into a contract with SEH, Inc. for observation, construction, staking,
and engineering services for the 10
th Avenue Culvert Replacement Project, not to exceed
$133,100.
Motion to authorize entering into the grant agreement with the Local Road Improvement
Program (LRIP) in the amount of $590,000.
Motion to adopt Resolution authorizing Execution of a Local Road Improvement Program Grant
Agreement with the Minnesota Department of Transportation for the 10
th Avenue Culvert
Project.
SEH
Building a Better World
for All of Us*
June 28,2017 RE: City of Golden Valley, Minnesota
101 Avenue North Culvert Replacement
SEH No. 139658
City Project No. 16-22
SAP 128-412-009
Mr. Jeff Oliver
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
Dear Jeff:
Thank you for the opportunity to assist the City of Golden Valley in providing construction services to
replace the Bassett Creek Culvert Crossing at 10"'Avenue North. The City is requesting a scope of work
to provide construction services including construction staking, field representation and assistance with
construction administration which will be completed by the City. This letter serves as the supplemental
Letter Agreement in accordance with the Agreement for Professional Services between the City of
Golden Valley and Short Elliott Hendrickson Inc.(SEH®).
BACKGROUND
SEH has completed preliminary and final design and bidding documents for the 10th Avenue Culvert
Replacement project and the project is currently being advertised for bidding. There are two existing
114 inch diameter steel corrugated metal pipes(CMP)and one 72 inch diameter CMP that originally
carried the Union Pacific Railroad(UPRR)track over the creek. In 1980,those culverts were extended by
the City to support 10"'Avenue. In the last several years, the bridge inspection report recommended that
the pipes be replaced due to deterioration(corrosion)of the pipe and visual settlement of the track at the
culvert crossing.
UPRR and the City have worked together to prepare bidding documents,which include two new 8'x 6'
reinforced box culverts on a new alignment beneath 10th Avenue and UPRR's track. The plans will
include both the railroad culvert replacement segment, designed by the railroad and the City segment(s)
and incorporated into the bidding documents prepared by SEH.
Construction services for the culvert replacement project include:construction staking,shop
drawing/submittal review, providing a Resident Project Representative(RPR), construction observation,
and record plans as described below. The City will be providing overall construction administration on
this project.
SCOPE OF WORK
Construction Staking
SEH will provide a survey crew to provide the construction staking of the proposed improvements for the
elements included in the culvert project, including the portion on UPRR's right-of-way. Staking tasks for
this project will include placement of horizontal control, vertical control, utility staking for private utilities,
culvert stakes, storm sewer stakes, curb and gutter stakes, blue tops after curb is in place,concrete
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196
SEH is 100%employee-owned I sehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8166 fax
Mr. Jeff Oliver—101 Avenue Culvert Crossing Construction Services
June 28,2017
Page 2
sidewalk/pedestrian ramp stakes, grading and travel. All survey coordination for construction staking and
observation will be between the survey crew chief and the RPR.
Resident Project Representative(RPR)
The on-site representative, or Resident Project Representative(RPR), is the Engineer's agent at the site
and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison
with the contractor,working principally through the contractor's superintendent. They will assist in helping
the contractor understand the intent of the Contract Documents. The field personnel will review the
progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult
with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files,for
correspondence, meeting reports,field orders, and supplemental agreements. They will keep a daily
diary or log book. Records pertaining to quantities and applications for payment will be the responsibility
of the RPR. The RPR will also keep information pertaining to record plans and will schedule the survey
crew based on the staking requests from the contractor's representative.
Observation
SEH will provide observation services including attendance of the pre-construction meeting and shop
drawing review for proposed reinforced concrete box culverts and drainage structures for the project area.
Additional budget has been included for minor technical support if needed for structural, geotechnical, or
drainage issues that may arise. Time has also been included to assist with project closeout activities.
Record Plans
SEH will complete the record drawings and furnish to the City, based on the SEH record plan survey.
PROJECT TEAM
Scott Haupt will be available to answer design related questions and provide coordination as required
between City staff and the surveying. Scott will provide project management of our contract with the City.
He will also be available to review design issues in the field and will attend the weekly project construction
meetings as necessary. Jacob Harrington will serve as RPR and will provide field representation. Nick
Domiano will be the lead Survey Crew Chief assigned. Jeff Johnson will be available to provide structural
engineering support including shop drawing review of the culverts and a couple field visits as necessary.
Luke Thompson will be available to provide geotechnical field support as may be required. Patrick
Sejkora will be available to provide technical assistance and review of submittals pertaining to stream
diversion and drainage.
SCHEDULE
We anticipate construction starting in early August and ending by November 30, 2017,with closeout
activities in Spring 2018. Jacob is expected to provide full time RPR services and the survey crew will be
on site as needed.
COMPENSATION
SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis.
Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including
reproductions, mileage, car allowance,and equipment. Additional services required beyond the tasks
and estimated hours as described can be negotiated or provided as extra work on an hourly basis.
We have estimated the services described above to cost a total of$133,100.
The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to
complete the work. The person/hour task budgets for each phase of the work are attached.
Mr. Jeff Oliver—10"'Avenue Culvert Crossing Construction Services
June 28,2017
Page 3
This agreement is an understanding of the project to date. If this document satisfactorily sets forth your
understanding of our agreement, please sign in the space below and return one copy to our office. We
look forward to working with you,your staff, and the community on this project. Thank you for the
opportunity to continue to work with the City of Golden Valley.
Respectively submitted,
SHORT ELLIOTT H/EEN,DRICKSON INC.
'444(.
san M. Mason, PE Scott D. Haupt, PE
Principal Project Manager
smm
Enclosures
s:\fi\g\goldv\common\proposals\10th ave culvert crossing alts\proposal for construction services\10th avenue construction services.dom
Approved this day of ,2017
City of Golden Valley, Minnesota
By:
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MnDOT Agreement No. 1028635
1-10-11
LOCAL ROAD IMPROVEMENTPROGRAM(LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation("MnDOT")and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to
Minn. Laws 2015 Chapter 5- H.F. 2. The provisions in that section and the Exhibits attached
hereto and incorporated by reference constitute this Agreement and the persons signing below
agree to fully comply with all of the requirements of this Agreement.
1. Effective date of this Agreement:
2. Public Entity(Grantee)name, address and contact person:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Contact: Jeff Oliver, PE, City Engineer
3. Project(s):
Name of Project&
Project Number Amount of Amount of Required
(See Exhibit C for LRIP Funds Matching Funds
location) Completion Date
SAP 128-412-009 $590,000.00 $922,864.00 June 30, 2018
4. Total Amount of LRIP Grant for all projects under this Agreement: $590,000.00
5. The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Completion Schedule
Exhibit C Bond Financed Property Certification
Exhibit D Grant Application
Exhibit E Grantee Resolution Approving Grant Agreement
Exhibit F General Terms and Conditions
MnDOT Contract No. 1028635
6. Additional requirements, if any:
7. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
2
MnDOT Agreement No. 1028635
PUBLIC ENTITY(GRANTEE)
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
By:
Title: State Aid Programs Engineer
Date:
OFFICE OF CONTRACT MANAGEMENT
By:
Contract Administrator
Date:
MnDOT Contract No. 1028635
EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity SuppVin�Funds_ Amount Expenses_ Amount
_..__.._._.._.__...__. ......_.......
_.___
State Funds: Items Paid for with —
LRIP
LRIP Grant
$590,000.00 Grant Funds: — —
3
Construction of Project_ — $590,000.00
Other: $
_...._._-.-.----.__...._._.__..._-...-..._....._.._..__..._.._......_.........__�...---._._.._...__......._..._
Subtotal
_..... -----. FSubtot..a_._.._.._.._...___ $590 000.00
..._._.._._._.._._.._..__.._. _.._-...___._____..._... _
--------------_......_..._............_T_ ...... ----__............-_ _..-..____..._._...--..__._--_.._..f_....
_
Public Entity Funds: I Items paid for with Non- ;
- . __..._-.-... -----.._..._... _.._-_._.....- --- ---
Matching Funds— $ LRIP Grant Funds:
Construction of Project $922,864.00
.....-..._.____._..__�._..___......__. ._.__. ____..._._........__� _._.—.
Other: I
._........ _____._.._._._.__.._ .-----_..._..........._..._.....
____-..
_ Local Cid Fund— —_I $625,090.20 $
Union Pacific Railroad ' _ $297,773.80_
Subtotal I $1,512,684.00
Subtotal
_.-.._...-........_....._....- �
_ ........._..._..----
..........__....-.....__.........___..._...— ____—._____.-.____._...._.._._. __—._..__---..--------.--._..--
.----.__._____.........._.-..___......_.__..__.._.____._—.......:._._.__ _....._..-._._. _ .... J..._......
I �
� k
.-_.._...--•_____-....__._.-__....._..._......_.................................... .__._..__•--•
..-__....._..._....
-_.__........_•_•__•__-._.__._
---.._.__....._.__._ S
T_•__.._..........._...-._.._...._.--._...._.. .._.-.._.__•-••_-•• ........__...__ _....�.-_.._ _..._......
TOTAL FUNDS $1,512,864.00 = TOTAL PROJECT i $1,512,864.00
COSTS
3
MnDOT Contract No. 1028635
EXHIBIT B
PROJECT COMPLETION SCHEDULE
(Provide for enough time to final the project through the MnDOT state aid pay request process.)
Project Bid Opening: June 29, 2017
Project Award: July 18, 2017
Project Start Date: August 1,2017
Project Construction Completion: November 30, 2017
State Aid Pay Request and Final Paperwork Completion Date: June 30,2018
4
MnDOT Contract No. 1028635
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the
real property located in the County(ies)of Hennepin,State of Minnesota that is generally described
or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the
"Restricted Property") and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-
financed property,the undersigned acknowledges that:
A. The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold,mortgaged, encumbered or otherwise disposed of without the approval of
the Commissioner of Minnesota Management and Budget; and
B. The Restricted Property is subject to the provisions of the Local Road
Improvement Program Grant Agreement between the Minnesota Department of
Transportation and the undersigned dated ,20_; and
C. The Restricted Property shall continue to be deemed State bond-financed
property for 37.5 years or until the Restricted Property is sold with the written
approval of the Commissioner of Minnesota Management and Budget.
Date: , 20
City of Golden Valley,
[name of Public Entity grantee], a political
subdivision of the State of Minnesota
By:
Name:
Title:
By:
Name:
Title:
5
MnDOT Agreement No. 1028635
Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY
(Insert a narrative or graphic description of the Restricted Property for the project. It need not be
a legal description if a legal description is unavailable.)
Approximately 50 feet north and 40 feet south of centerline of 10th Avenue North from Winnetka
Avenue N (CSAH 156) to Rhode Island Avenue North in Golden Valley.
MnDOT Contract No. 1028635
EXHIBIT D
GRANT APPLICATION
3
d Improvement Program SolicitationWIDOWt .
Local Roa
St.Fetid
IN
Agency: City of Golden Valley
First Name: Jeff Last Name: Oliver
c
Address: 7800 Golden Valley Road City: Golden Valley 55427
0
V
State: FMN Phone Num: (763)593-8034 E-mail: joliver@goidenvalleymn.gov
County Sponsor(if applicable):
Road Authority 2-City Road Authority Name City of Golden Valley
0 Route: 10th Avenue North(MSAS 128-412) MnDOT District M- Metro
0
County: 27HENNEPIN City/Township Golden Valley
oProject limits (Termini)
a From Mile Post: To Mile Post: Length (mi):E=
Beg. Desc. Loc. Winnetka AvenueEnd. Desc. Loc. Rhode Island Avenue
Brief Description of the Project:
Reconstruction of culverts conveying Bassett Creek under 10th Avenue North and the Union Pacific
Railroad. Existing CMP culverts have rusted through, shown significant settlement and other defects.
Replace CMP with two 8x6 foot reinforced concrete box culverts.
Is your project on a route of regional significance?(check all that apply)
Farm to Market artery ❑ Part of a 10-ton route system
Part of an economic development plan ❑ Serves as a regional tourist destination
Provides capacity or congestion relief to a n Is a connection to the IRC system,
c parallel trunk highway system or county road trunk highway or a county road
w
a Project's contribution to other local regional, or state economic developments or redevelopment
.N efforts:
D
Local Road Im rovement Program Solicitation p g MnDOT/Stat
Imam
st Paul,Ad
er:] ,.;;•, .,.x...x`., 'x.rs-v,<.sa,.t4 ...w., _,...... s ` ,axe.
Identify the transportation deficiency that the project will address
and the proposed saftey or engineering strategy.
This project will replace the three corrugated metal pipes conveying Bassett Creek under 10th Avenue
North and the Union Pacific Railroad with two reinforced concrete box culverts. The existing culverts are
considered to be structurally deficient and have experienced accelerating deterioration in recent years.
There has been complete material loss of the culverts and the normal water line and the pipe is
collapasing over itself in these locations. The distortion of the metal pipes has resulted in pavement
distresses related to settlement of the culverts, and the UPRR has experienced significant settlement of
c the ballast under it tracks. Total failure of the culverts could result in signficant flow restrictions in Bassett
% Creek, placing several hunderd properties at risk of property damage from flood waters.
a
M
D
Construction Year(select one) 1 2016
Does the project have any historical/archeological impacts?
No 0 Yes, Describe:
c
What is the project development status?
0 0 Design work has not started Design in progress 0 Plans have been approved
a
What is the Right-Of-Way status on the project?
* No RM needed 0 RIW needed but not yet acquired
Project funding sources:
N Federal State Aid Local/Other LRIP Total Cost
0
v 0.00 0.00 1,671,200 590,000.00 0.00
For Interna/Use Only
District State Aid Engineer Signature-Review and Approval Date
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MnDOT Contract No. 1028635
EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
4
Exhibit E for Grant Agreement to Local Road Improvement Program Fund
Grant Terms and Conditions
SAP 128-412-009
Resolution 17-XX July 18, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF A
LOCAL ROAD IMPROVEMENT PROGRAM GRANT AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE 10TH AVENUE
CULVERTS PROJECT
BE IT RESOLVED that the City of Golden Valley has applied to the
Commissioner of Transportation for a grant from the Minnesota State Local Road
Improvement Program; and
BE IT FURTHER RESOLVED that the Commissioner of Transportation has given
notice that funding for this project is available; and
BE IT FURTHER RESOLVED that the amount of the grant has been determined
to be $590,000 by reason of the lowest responsible bid;
NOW, THEREFORE BE IT RESOLVED that the City of Golden Valley does
hereby agree to the terms and conditions of the grant consistent with Minnesota
Statutes, section 174.40. The proper City officers are authorized to execute a grant
agreement and any amendments thereto with the Commissioner of Transportation
concerning the above-referenced grant.
I CERTIFY THAT the above resolution was adopted by the Golden Valley City Council
on July 18, 2017
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof; and the
following voted against the same: , whereupon said resolution was declared duly
passed and adopted, signed by the Mayor and his signature attested by the City Clerk.
MnDOT Contract No. 1028635
EXHIBIT F.
GENERAL TERMS AND CONDITIONS FOR
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after
each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined)unless the context specifically indicates otherwise:
"Advance(s)"- means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
"Agreement" - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
"Certification"-means the certification,in the form attached as Exhibit C,in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn.
Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
"Code"-means the Internal Revenue Code of 1986,as amended,and all treasury regulations,revenue
procedures and revenue rulings issued pursuant thereto.
"Commissioner"-means the Commissioner of Minnesota Management&Budget.
"Commissioner's Order" - means the "Fourth Order Amending Order of the Commissioner of
Minnesota Management &Budget Relating to Use and Sale of State Bond Financed Property"dated July
30,2012,as it may be amended or supplemented.
"Completion Date" - means the projected date for completion of the Project as indicated in the
Agreement.
"Construction Contract Documents" - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
"Construction Items"-means the work to be performed under the Construction Contract Documents.
"Contractor" - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
"Draw Requisition" - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested,as referred to in Section 4.02.
5
MnDOT Contract No. 1028635
"G.O.Bonds"-means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and
any bonds issued to refund or replace such bonds.
"Grant Application"-means the grant application that the Public Entity submitted to MnDOT which
is attached as Exhibit D.
"LRIP Grant" - means a grant from MnDOT to the Public Entity under the LRIP in the amount
specified in the Agreement,as such amount may be modified under the provisions hereof.
"LRIP"-means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules
relating thereto.
"MnDOT"-means the Minnesota Department of Transportation.
"Outstanding Balance of the LRIP Grant" - means the portion of the LRIP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
"Project"-means the Project identified in the Agreement to be totally or partially funded with a LRIP
grant.
"Public Entity" - means the grantee of the LRIP Grant and identified as the Public Entity in the
Agreement.
"Real Property"-means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity,and disburse
the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i)fee simple ownership,(ii)an easement that is
for a term that extends beyond the date that is 37.5 years from the Agreement effective date,or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends
beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds.The Public Entity shall use the LRIP Grant solely to reimburse
itself for expenditures it has already made,or will make,to pay the costs of one of the following applicable
activities: (i) constructing or reconstructing city streets,county highways, or town roads with statewide or
regional significance that have not been fully funded through other state, federal,or local funding sources;
or (ii) capital improvement projects on county state-aid highways that are intended primarily to reduce
traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for
any other purpose, including but not limited to, any work to be done on a state trunk highway or within a
trunk highway easement.
6
MnDOT Contract No. 1028635
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state-aid highway,town road, or city
street and for other uses customarily associated therewith, such as trails and utility corridors, and for no
other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually
determine that the Real Property is being used for the purposes specified in this Section and,upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not(i)sell or transfer any part
of its ownership interest in the Real Property, or(ii) lease out or enter into any contract that would allow
another entity to use or operate the Real Property without the written consent of both MnDOT and the
Commissioner. The sale or transfer of any part of the Public Entity's ownership interest in the Real
Property,or any lease or contract that would allow another entity to use or operate the Real Property,must
comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner's Order
regarding such sale or lease.
Section 2.06 Public Entity's Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A. It has legal authority to execute,deliver and perform the Agreement and all documents referred
to therein,and it has taken all actions necessary to its execution and delivery of such documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes.
C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.
D. It will comply with all of the provisions of Minn.Stat.Sec. 16A.695,the Commissioner's Order
and the LRIP. It has legal authority to use the G.O.Grant for the purpose or purposes described
in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein,and it is not in default with respect to any order,writ,injunction,
decree, or demand of any court or any governmental authority which would impair its ability
to enter into the Agreement or any document referred to herein, or to perform any of the acts
required of it in such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
by, is a breach of, or will result in a breach of,any provision of any agreement or document to
which it is now a party or by which it is bound.
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MnDOT Contract No. 1028635
H. The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.
I. The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses,permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or
will be,obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years,and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully
pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its performance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.
Q. It has made no material false statement or misstatement of fact in connection with its receipt of
the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O.Grant or the disbursement of any of the G.O.Grant
is and will be true and correct.
Section 2.07 Event(s)of Default. The following events shall,unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days'written notice of such event and the Public Entity's failure
to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within
30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in
curing such Events of Default; however, in no event shall the time period to cure any Event of Default
exceed six(6)months unless otherwise consented to,in writing,by MnDOT and the Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP
Grant, shall prove to have been untrue or incorrect in any material respect or materially
misleading as of the time such representation,covenant,or warranty was made.
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MnDOT Contract No. 1028635
B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.
C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or Minn. Stat. Sec. 174.52 and all
rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in
Section 2.03,the Grant Application,and in accordance with the LRIP.
E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date.
G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project.
I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.
Notwithstanding the foregoing,any of the above events that cannot be cured shall,unless waived in writing
by MnDOT and the Commissioner,constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT,MnDOT or the Commissioner may enforce
any or all of the following remedies.
A. MnDOT may refrain from disbursing the LRIP Grant;provided,however,MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity's interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner's Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events
of Default,the Commissioner may require that the Outstanding Balance of the LRIP Grant be
returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
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MnDOT Contract No. 1028635
of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall ftumish to MnDOT and the
Commissioner, as soon as possible and in any event within seven(7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain
in full force and effect, even upon full disbursement of the LRIP Grant,and shall only be terminated under
the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant.
A. If the Project is not started within five(5)years after the effective date of the Agreement or the
LRIP Grant has not been disbursed within four(4)years after the date the Project was started,MnDOT' s
obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will
terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall
have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity's sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner's Order, or upon the termination of the Public Entity's
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to
in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise,the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE,SEC. 16A.695
AND THE COMMISSIONER'S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is,or when acquired by it will be,"state bond financed property",as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner's Order and,therefore, the provisions contained in such
statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only
pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the
.G.O. Bonds,the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as
"bond proceeds" under Section 148 of the Code (including "investment proceeds,""invested
sinking funds"and"replacement proceeds")in such a manner as to cause the G.O.Bonds to be
classified as"arbitrage bonds"under Code Section 148.
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MnDOT Contract No. 1028635
B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project.
C. It will,upon written request,provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code,including Sections 103 and 148,with respect
to the G.O.Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner,take such actions and furnish such documents as the Commissioner determines
to be necessary to ensure that the interest to be paid on the G.O.Bonds is exempt from federal
taxation,which such action may include: (i)compliance with proceedings intended to classify
the G.O. Bonds as a "qualified bond" within the meaning of Code Section 141(e), or (ii)
changing the nature of the use of the Real Property so that none of the net proceeds of the G.O.
Bonds will be deemed to be used, directly or indirectly, in an"unrelated trade or business" or
for any"private business use"within the meaning of Code Sections 141(b)and 145(a).
E. It will not otherwise use any of the LRIP Grant or take,permit or cause to be taken,or omit to
take,any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take,permit or cause to be taken, or omit to take,
as appropriate,any such action,it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner's Order is amended in a manner that reduces any requirement
imposed against the Public Entity, or if the Public Entity's interest in the Real Property becomes exempted
from Minn. Stat. Sec. 16A.695 and the Commissioner's Order, then upon written request by the Public
Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt
the Public Entity's interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner's
Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant
to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11, MnDOT's obligation to make Advances shall terminate as of the dates specified in Section
2.11 even if the entire LRIP Grant has not been disbursed by such dates.
Advances shall only be for expenses that(i)are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the
legislation that appropriated the funds that are used to fund the LRIP Grant, or(iii) have otherwise been
consented to,in writing,by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
of completion of the Project or the rate of disbursement of the matching funds required,if any,under Section
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MnDOT Contract No. 1028635
5.13. Therefore,the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required,if any,under Section 5.13 that have been disbursed as of such point in time. This requirement is
expressed by way of the following two formulas:
Formula#l:
Cumulative Advances < (Program Grant) X (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula#2:
Cumulative Advances<(Program Grant) x (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion
of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf
of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as
approved by the Public Entity and MnDOT,plus(ii)the value of materials and equipment not incorporated
in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT,less(iii)any applicable retainage,and less(iv)all prior Advances.
Notwithstanding anything herein to the contrary,no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT,in writing,of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition,other than the final Draw Requisition,the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate
all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials(other than the completion of punch list items).
At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I)such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made
out of the final Draw Requisition or to substantiate all payments then made with respect to the Project,and
(ii)satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition,then MnDOT shall disburse the amount
of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum
of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be
anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will,within 10 calendar days of receipt of any such notice, supply
or have some other entity supply the amount of funds specified in MnDOT's notice.
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MnDOT Contract No. 1028635
Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder(including the initial Advance)shall be subject to the following conditions precedent:
A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of Default
but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been
made and notice thereof sent to the Public Entity under Section 4.03,then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with
such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A. Advances are not made prior to completion of work performed on the Project.
B. All Advances are processed on a reimbursement basis.
C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed.
E. All payments are made following the"Delegated Contract Process or State Aid Payment Request"
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
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MnDOT Contract No. 1028635
Section 5.02 Condemnation. If,after the Public Entity has acquired the ownership interest set forth
in Section 2.02,all or any portion of the Real Property is condemned to an extent that the Public Entity can
no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the
condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.014 and to provide whatever additional funds that may be needed for such
purposes,or(ii)submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion
of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner's Order as if the Public Entity's interest in the Real Property had been sold. If the Public
Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation,such
sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner's Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section.
Section 5.03 Use,Maintenance,Repair and Alterations. The Public Entity shall not,without the
written consent of MnDOT and the Commissioner, (i)permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used
for the purposes set forth in Section 2.04,(iii)take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real_Property, or(v) commit or permit any act to be done in
or on the Real Property in violation of any law,ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible,or liable to the Public Entity or any other entity,for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT
pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18%per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein,Minn.
Stat. Sec. 16A.695, the Commissioner's Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota,to inspect,audit,copy,or abstract all of such items. The Public
Entity shall use generally accepted accounting principles in the maintenance of such items,and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and
placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
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MnDOT Contract No. 1028635
Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law,and neither shall be responsible for the acts of
the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a"municipality"as that term is used in Minn.
Stat.Chapter 466,then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Public Entity, or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT,the Commissioner,or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT,the Commissioner,or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers'Compensation Act of the State of Minnesota,claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT,the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices required hereunder must be in writing and personally served or sent by prepaid,
registered,or certified mail(return receipt requested),to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at: Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd.,MS 500
Saint Paul,MN 55155
Attention: Patti Loken, State Aid Programs Engineer
To the Commissioner at: Minnesota Management&Budget
400 Centennial Office Bldg.
658 Cedar St.
St.Paul,MN 55155
Attention: Commissioner
Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner,as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof,nor the failure of the Public Entity,MnDOT,or the Commissioner
to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
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MnDOT Contract No. 1028635
any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall
operate as a waiver thereof,nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance,or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St.Paul,Minnesota.
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed,and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement
that are required to be obtained and supplied by the Public Entity must either be in the form of(i) cash
monies, (ii) legally binding commitments for money, or(iii) equivalent funds or contributions, including
equity,which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public
Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any
of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of
such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
and the State of Minnesota. Therefore,the State of Minnesota,by and through its Commissioner of MMB,
is and shall be a third-party beneficiary of this Agreement.
Section 5.16 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate,provided that the failure
of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.17 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.18 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in
Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time
to time.
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MnDOT Contract No. 1028635
Section 5.19 Worker's Compensation.The Public Entity agrees to comply with all of the provisions
relating to worker's compensation contained in Minn. Stat. Secs. 176.181 subd.2 and 176.182,as they may
be amended or replaced from time to time with respect to the Project.
Section 5.20 Antitrust Claims.The Public Entity hereby assigns to MnDOT and the Commissioner
of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.21 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect
to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the
cited provisions apply to the Project.
Section 5.22 Entire Agreement.The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements,either oral or
written,between the Public Entity and MnDOT on the subject matter hereof.
Section 5.23 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable,
fully comply with such order.
17
Resolution 17-42 July 18, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF A
LOCAL ROAD IMPROVEMENT PROGRAM GRANT AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE 10
TH AVENUE
CULVERTS PROJECT
BE IT RESOLVED that the City of Golden Valley has applied to the Commissioner
of Transportation for a grant from the Minnesota State Local Road Improvement Program;
and
BE IT FURTHER RESOLVED that the Commissioner of Transportation has given
notice that funding for this project is available; and
BE IT FURTHER RESOLVED that the amount of the grant has been determined to
be $590,000 by reason of the lowest responsible bid.
NOW, THEREFORE BE IT RESOLVED that the City of Golden Valley does hereby
agree to the terms and conditions of the grant consistent with Minnesota Statutes, section
174.40. The proper City officers are authorized to execute a grant agreement and any
amendments thereto with the Commissioner of Transportation concerning the above-
referenced grant.
I CERTIFY THAT the above resolution was adopted by the Golden Valley City Council on
July 18, 2017.
__________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.