06-05-18 CC Agenda Packet (entire) AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
June 5, 2018
6:30 pm
1. CALL TO ORDER PAGES
A. Pledge of Allegiance
B. Roll Call
C. Presentation: Minnesota Recreation and Parks Association Awards of Excellence for
Schaper Park Challenge Course & All-Inclusive Playground and Brookview
3
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. City Council Meeting - May 15, 2018 4-9
B. Approval of City Check Register 10
C. Licenses:
1. 2018-2019 Liquor License Renewals 11-13
2. Multi-Family Rental Property License 14
D. Minutes of Boards and Commissions:
1. Special Planning Commission - April 16, 2018 15-16
2. Planning Commission - April 23, 2018 17-26
3. Human Services Fund - April 9, 2018 27
4. Environmental Commission - April 23, 2018 28-30
5. Human Rights Commission - April 24, 2018 31-33
6. Police Civil Service Commission - March 8 and April 9, 2018 34-36
7. Bassett Creek Water Management Commission - April 19, 2018 37-45
E. Bids and Quotes:
1. Award Contract for Schaper Park Shelter Roof Replacement 46-48
F. Authorize Legal Services Agreement regarding Litigation 49
G. Authorize Cooperative Construction Agreement with Minnesota Department of
Transportation 18-37
50-57
H. Authorize Extension of Hours for Golden Valley Fire Relief Association Street Dance 58
4. PUBLIC HEARINGS
5. OLD BUSINESS
6. NEW BUSINESS
All Ordinances listed under this heading are eligible for public input.
A. Consideration of Public Art Proposal 59-86
Page 2 June 5, 2018
6. NEW BUSINESS - continued
B. City Attorney 87-102
1. Consideration of Appointment of City Attorney 18-38
2. Consideration of General Fund Budget 18-39
3. First Consideration - Ordinance #639 - Amendment to the 2018 Fee Schedule for
Legal Review
C. Review of Council Calendar
D. Mayor and Council Communications
7. ADJOURNMENT
Executive Summary
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
1. C. Presentation: Minnesota Recreation and Parks Association Awards of Excellence for Schaper
Park Challenge Course & All-Inclusive Playground and Brookview
Prepared By
Rick Birno, Director of Parks & Recreation
Summary
The Minnesota Recreation and Parks Association (MRPA) annually recognizes agencies,
organizations and institutions in Minnesota for outstanding programs, projects, and initiatives
through its Award of Excellence program. This distinguished recognition is for projects completed
the previous year that score highly in regards to the Awards of Excellence program criteria. The
new Brookview was recognized in the category of Parks & Facilities, and the Schaper Park
Challenge Course and All-Inclusive playground was recognized for Partnerships and Facility
Design.
Cindy Walsh, City of St. Louis Park Parks & Recreation Director, will be representing MRPA and
be in attendance to present the Awards of Excellence to the City.
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
May 15, 2018
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and
Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City
Clerk Luedke.
1C. Proclamation for the Beyond the Yellow Ribbon Initiative and Memorial Day
Observance
Mayor Harris read the proclamation for the Beyond the Yellow Ribbon Initiative and Memorial
Day Observance.
Council thanked the Beyond the Yellow Ribbon Initiative for their service to the community.
MOTION made by Council Member Clausen, seconded by the Council Member Rosenquist to
approve the proclamation and the motion carried.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to
approve the agenda of May 15, 2018, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to
approve the consent agenda of May 15, 2018, as submitted and the motion carried.
3A. Approve Minutes of City Council Meeting - May 1, 2018.
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C1. Approve a temporary on-sale liquor license for the Chester Bird American Legion, 200
North Lilac Drive, for the 2018 Golden Valley Fire Relief Street Dance on June 23, 2018
3C2. Receive and file the gambling license exemption and approve the waiver of notice
requirement for Good Shepherd Church.
3C3. Approve the issuance of an On-Sale Wine (including strong beer) and 3.2% Malt Liquor
License to Olivia’s Organic Café & Event Center, LLC, dba Olivia’s Organic Café & Event
Center located at 1301 Theodore Wirth Parkway through June 30, 2018, contingent upon
a satisfactory background investigation.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Human Rights Commission - March 27, 2018
2. Board of Zoning Appeals - March 27, 2018
3. Bicycle & Pedestrian Task Force - April 18, 2018
3E1. Award a contract for the 2018 Wesley Park Shelter Roof Replacement Project to Flag
Builders in the amount of $123,800.
3E2. Approve purchase of an Exmark Turf Tracer S-Series Mower in the amount of $6,237.50
and S-Series Spreader/Sprayer in the amount of $7,758.75 from A-1 Outdoor Power, Inc.
Unofficial City Council Minutes -2- May 15, 2018
3. APPROVAL OF CONSENT AGENDA - continued
3F. Receive and File the April 2018 Financial Reports.
3G. Receive and File the Highway 169 Mobility Study.
4. PUBLIC HEARINGS
4A. Public Hearing - Meadowbrook School PUD No. 90, Amendment #4 - 5430
Glenwood Avenue - Hopkins School District, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from Council.
City Manager Cruikshank and City Attorney Cisneros answered questions from Council.
Dr. Greta Evans-Becker, Principal of Meadowbrook School, gave a brief presentation on the
background of the proposed school addition, enrollment statistics, possible running track and
last year’s results from the referendum. She answered questions from Council.
Ms. Kristen Nelson, Architect, Cunningham Group, provided additional information on the
proposed addition which would include nine new classroom, two new entries, a courtyard, and
an addition to the existing cafeteria and answered questions from Council.
Mr. Neil Tessier, SAF Engineering, provided a description of the traffic patterns and information
on the traffic study done in the area. He said that it would be challenging to add a turn lane on
Turners Crossroad because of the grade and expense and it would take up existing green
space. Mr. Tessier said that Glenwood Avenue is also being used by other people moving into
the area so he felt the traffic issues should be a joint effort between the City, County and the
School District. He answered questions from Council.
Mr. John Toop, Director of Business Administration, Hopkins School District, thanked the city
administration for the constructive meetings held with the school district. He said he received
cost estimates for the right hand turn lane on Turners Crossroad and left hand turn lane on
Glenwood Avenue and said the school district would be willing to do what was needed to make
this right. He said the Hopkins School District as a whole has seen a reduction in enrollment and
was glad to hear that Meadowbrook is in a growth area and that the district would look at other
opportunities if the enrollment continues to increase. Mr. Toop said he attended a closed
meeting with the owner of the Boy Scout building and would let the City Manager know the
outcome when it is available. He answered questions from Council.
Mayor Harris opened the public hearing.
Ms. Paula Pentel, 941 Angelo Drive, said she is a long term school district resident. She said
she was distressed after attending the Planning Commission meeting because the school said
the turn lanes would be impossible but now a turn lane on Xenia could be possible. She said
let’s make that happen and have the school district pay for it because the loss of green space on
the property for queuing of cars is not great. Ms. Pentel said that many students are open
enrolled and asked if the building expansion is for the local tax paying residents in the district.
She said the growth is coming at the loss of Minneapolis and Robbinsdale School Districts and
she felt the expansion may not be an emergency at this time.
Ms. Alicen Spaulding, 201 Westwood Drive, said she is a parent that moved to the area because
of the school system. She said she voted in favor of the referendum and added students should
not have to be limited because of the classroom sizes.
Unofficial City Council Minutes -3- May 15, 2018
4A. Public Hearing - Meadowbrook School PUD No. 90 - continued
Mr. Jason O’Shea, 7701 Ewald Terrace, said he is a parent and one reason the expanded
classrooms are needed is because in 2013 all-day kindergarten started. He said he felt it was
generous of the school to offer to pay for the turn lanes because the City has approved 250 new
apartments in the area and many of the residents are using Glenwood and Turners Crossroad to
get to their destinations.
Ms. Carrie Shanahan, 721 Parkview Terrace, said she moved to the area because of the school.
She said Dr. Evans-Becker is an amazing leader who directs the traffic when needed and felt the
new classrooms are needed.
Mr. Nathan Laible, 525 Turners Crossroad, said he is a parent and is in favor of adding the
classrooms. He said he watched the Planning Commission meeting regarding the item and
appreciated that the Commission and the Council were asking the Hopkins School District to
sharpen their pencil. He said he would be disappointed if the project was approved and the
traffic problems were not resolved. He said he feels this project is about serving the current
students and not the new ones coming in. He added he is ok with open enrollment at the school
and voted yes on the referendum.
Ms. Kelly Grissman, 4121 Bassett Creek Drive, said that the school is the heart of the
community where she and her family have made friends and become involved with community
functions. She said she felt that we owe the kids the best place to study and learn and that the
traffic issues would be worked out. She added that the flexible learning spaces are good for the
kids and felt that the school is not too big. Ms. Grissman said the traffic issues should be a joint
initiative between the City and the School District for the new apartments and residents.
Mr. David Mercer, 4015 Roanoke Circle, said he was a long time Golden Valley resident and
that all the positive things that everyone contributes to the students is an opportunity for them to
reach out not just to the school, but to a broader area.
Ms. Jenny Dennis, 1133 Welcome Circle, said her son said his happy place is Meadowbrook
and said the school adds a lot of value to the community. She said we owe it to the students and
staff to give them the additional space needed.
Ms. Anne Guiral, 1745 Louisiana Avenue, said she is a parent that was raised in Golden Valley,
went away to college and then came back to the area. She said her husband is an educator at
another school which is larger and it does not have 6th grade students. She said he constantly
compares what his school has to what Meadowbrook offers and he feels his students are getting
a raw deal in comparison. She said that she feels people seek out Golden Valley.
Ms. Camie Mayer, 335 Clover Leaf Drive, said she is a parent and a member of the Vote Yes
committee and since the referendum overwhelmingly passed, she strongly urged that the permit
for the proposed expansion be approved. She said she felt that the expansion is necessary to
accommodate the current enrollment. Ms. Mayer said a vote yes is a vote for the kids and the
entire school community.
Ms. Alison Buttress, 30 Lawn Terrace, said she is a parent and their bus stop is on Glenwood so
she stands at the bus stop and watches the traffic problems daily. She said as problems arise
the school takes care of them. She said if you attended the plant sale, Run Meadowbrook Run
or other events, you would feel Meadowbrook is a neighborhood school.
Unofficial City Council Minutes -4- May 15, 2018
4A. Public Hearing - Meadowbrook School PUD No. 90 - continued
Mr. Curtis Smith, 7405 Ridgeway Road, said he is a parent and has lived in Golden Valley for 15
years. He said he first lived on Decatur Avenue in the Robbinsdale School District and he said
was refused attendance at the neighborhood schools because they did not make it into their
programs. He said in searching for other schools he realized what a gem Meadowbrook was and
moved into the school district so his kids could take the bus. He said that the school needs
expansion.
Ms. Rita Wilson, 524 Lilac Drive, said she is a parent who lives on the frontage road and bares a
lot of the traffic issues. She said she is not against the school expansion but is not convinced
that the traffic issue will be resolved like it should. She said she works at the school and wanted
to know why more kids don’t take the bus, walk to school or car pool. She said she would like
the expansion but wants the traffic issues to be resolved especially when the new apartments
will be opening soon. Ms. Wilson said she hopes that the City gets from the district a clear and
concise plan for the traffic.
Mr. P.J. O’Shea, 7701 Ewald Terrace, said he heard a lot of people say that the school is too big
but he goes to it and said it does not feel that big. He said he also agrees that the school needs
to expand by adding more classrooms because the classrooms are packed.
Mayor Harris closed the public hearing.
There was Council discussion regarding the Meadowbrook School Planned Unit Development
located at 5430 Glenwood Avenue.
MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to
adopt Ordinance #638, approval of Meadowbrook School PUD No. 90, Amendment #4,
incorporating all Findings and Conditions listed in the Staff Memorandum dated May 15, 2018,
upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist
and Schmidgall, the following voted against: none and the motion carried.
5. OLD BUSINESS
6. NEW BUSINESS
6A. Authorize Issuance, Award Sale, and Prescribe the Form and Details and Provide
Payment for the $2,950,000 General Obligation Bonds, Series 2018A
Finance Director Virnig presented the staff report and answered questions from Council.
Mr. Dave McGillivray, Springsted Bond Consultant, reviewed the bids and presented the bid
results.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt
Resolution 18-36, Authorizing Issuance, Awarding Sale, Prescribing Sale, Prescribing the Form
and Details and Providing for the Payment of $2,950,000 General Obligation Improvement
Bonds, Series 2018A upon a vote being taken the following voted in favor of: Clausen, Fonnest,
Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried.
Unofficial City Council Minutes -5- May 15, 2018
6B. Draft 2040 Comprehensive Plan - Release for Public Review and Comment
Planning Manager Zimmerman presented the staff report and answered questions from Council.
City Manager Cruikshank answered questions from Council.
Council thanked staff for an excellent job on the Draft 2040 Comprehensive Plan.
MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to
release the Draft 2040 Comprehensive Plan for public review and comment and the motion
carried.
6C. Globus Golden Valley Addition PUD No. 112, Amendment #2 - 5200 Wayzata
Boulevard - Global One Golden Valley, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from Council.
There was Council discussion regarding the Globus Golden Valley Addition located at 5200
Wayzata Boulevard.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
approve the plans for Globus Golden Valley Addition PUD No. 112, Amendment #2 and to
authorize the Mayor and City Manager to sign the amended PUD Permit and the motion carried.
6D. Second Consideration - Ordinance #637 - Amend Section 5.02: Application and
Licenses - Procedure and Administration and Summary of Ordinance for
Publication
City Clerk Luedke presented the staff report and answered questions from Council.
MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to adopt
second consideration Ordinance #637, amendment to Chapter 5: Alcoholic Beverages
Licensing and Regulations Section 5.02: Application and Licenses under this Chapter -
Procedure and Administration upon a vote being taken the following voted in favor of: Clausen,
Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion
carried.
MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to
approve the Summary of Ordinance #637 for Publication based on the finding that the title and
summary clearly inform the public of the intent and effect of the ordinance and the motion
carried.
6E. Review of Council Calendar
A Coffee with a Cop event will be held on May 17, 2018, from 9 to 10:30 am at Byerly’s located
at 5725 Duluth Street.
Some Council Members may attend the Birdtown Half Marathon on May 19, 2018, at 8 am at
Lakeview Terrace Park located at 3769 Crystal Lake Road, Robbinsdale.
Some Council Members may attend the Market in the Valley sneak preview on May 20, 2018,
from 9 am to 1 pm in the City Hall Campus Parking Lot.
Unofficial City Council Minutes -6- May 15, 2018
6E. Review of Council Calendar - continued
The City offices will be closed on Monday, May 28, 2018, in observance of Memorial Day.
Some Council Members may attend the Beyond the Yellow Ribbon Initiative Memorial Day
Observance on May 28, 2018, at 10 am at the Chester Bird American Legion located at 200
Lilac Drive North.
Some Council Members may attend the Board/Commission Recognition Dinner on May 29,
2018, at 5:30 pm located at Brookview.
A Concert in the Park featuring the Golden Valley Orchestra will be held on June 4, 2018, at 7
pm at Brookview.
The next City Council meeting will be held on June 5, 2018, at 6:30 pm.
Some Council Members may attend the Golden Valley Pride Festival on June 10, 2018, from
noon to 6 pm at Brookview Park.
6F. Mayor and Council Communication
Mayor Harris said he had presented Golden Valley resident, Harold Smith, with a certificate
celebrating his 100th birthday.
7. ADJOURNMENT
MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall and
the motion carried to adjourn the meeting at 9:38 pm.
_______________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
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.
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
3. C. 1. 2018-2019 Liquor License Renewals
Prepared By
Kris Luedke, City Clerk
Summary
The following establishments have applied for renewal of their liquor license for the 2018-2019
license term. The applicants listed below have met City Code and State requirements for the
renewal of their licenses. Staff is recommending approval of the following license renewals:
Licensee Address License Type
Benihana 850 Louisiana Avenue N. On-Sale and Sunday
Brookview Golf Course 200 Brookview Parkway On-Sale and Sunday
Cedar Lake Wine 7702 Olson Memorial Hwy. Off-Sale
Chester Bird American Legion Post 523 200 Lilac Drive N. Club On-Sale and Sunday
Chipotle Mexican Grill 515 Winnetka Avenue N. On-Sale and Sunday
D'Amico and Sons, Inc. 7804 Olson Memorial Hwy On-Sale Beer & Wine
Davanni's Pizza & Hoagies 663 Winnetka Avenue N. On-Sale Beer & Wine
Doolittles Woodfire 550 Winnetka Avenue N. On-Sale and Sunday
Golden Valley Country Club 7001 Golden Valley Road On-Sale and Sunday
Golden Valley Liquor Barrel 7890 Olson Memorial Hwy. Off-Sale
Good Day Cafe 5410 Wayzata Blvd. On-Sale and Sunday
Holiday Inn Express 6051 Golden Valley Drive 3.2 Off-Sale
J.J's Clubhouse 6400 Wayzata Blvd. On-Sale and Sunday
Lakeridge Wine & Spirits 2580 Hillsboro Avenue N. Off-Sale
Lunds & Byerlys Wine & Spirits 5719 Duluth Street Off-Sale
Metropolitan Ballroom & Clubroom 5418 Wayzata Blvd. On-Sale and Sunday
New Bohemia Wurst & Bier Haus 8020 Olson Memorial Hwy. On-Sale Beer & Wine
Licenses Address License Type
Ramada Golden Valley 6300 Wayzata Blvd. On-Sale Beer & Wine
Red Lobster #157 8900 Golden Valley Road On-Sale and Sunday
Schuller's Tavern 7345 Country Club Drive On-Sale; Sunday and Off-Sale
Smashburger 509 Winnetka Avenue N. On-Sale Beer & Wine
Sodexo America One General Mills Blvd. On-Sale
Super America 1930 Douglas Drive N. 3.2 Off-Sale
Super America 6955 Market Street 3.2 Off-Sale
Teresa's Mexican Restaurant 5621 Duluth Street On-Sale and Sunday
The Early Bird Café - Mort's Deli 525 Winnetka Avenue N. On-Sale Beer & Wine
Attachments
• Memos from Golden Valley Police Department (1 page)
Recommended Action
Motion to approve the renewal of the liquor licenses for the applicants listed above for the
license period of July 1, 2018, through June 30, 2019.
To: Kris Luedke
From: Dave Kuhnly
Date: May 24, 2018
Re: Liquor License Renewals
Background checks have been completed for the 2018-2019 licensing period. The below listed
establishments and clubs meet City licensing guidelines.
Club On-Sale and Sunday Sale
American Legion Chester Bird Post #523
On-Sale Intoxicating
Sodexo America LLC
On-Sale Intoxicating and Sunday Sale
Benihana
Brookview Golf Course
Chipotle Mexican Grill #774
Doolittle’s Woodfire Grill
Golden Valley Country Club
Good Day Café
J.J.’s Clubhouse
Metropolitan Ballroom and Clubroom
Red Lobster #0157
Teresa’s Mexican Restaurant
Off-Sale/On-Sale and Sunday Sale
Schuller’s Tavern
Off-Sale Intoxicating
Cedar Lake Wine Company
Golden Valley Liquor Barrel
Lakeridge Wine & Spirits
Lunds & Byerly’s Wine & Spirits
Wine On-Sale (including strong beer)
D’Amico and Sons
Davanni’s Pizza & Hoagies
New Bohemia Golden Valley
Ramada Minneapolis West
Smashburger #1024
The Early Bird Café - Mort’s Deli
Off-Sale 3.2 % Malt Liquor
SuperAmerica #4443
SuperAmerica #4497
Holiday Inn Express
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
3. C. 2. Multi-Family Rental Property License
Prepared By
Ted Massicotte/Deputy Fire Chief
Jill Lund, Administrative Assistant
Summary
The following multi-family rental property has applied for a rental license.
PROPERTY LICENSE FEE
Rutter 4-plex - 2425 Mendelssohn Avenue North $ 175
Recommended Action
Motion to authorize the issuance of the multi-family rental license.
Special Meeting of the
Golden Valley Planning Commission
April 16, 2018
A special meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on
Monday, April 16, 2018. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Baker, Brookins, Johnson, and
Segelbaum. Also present were Council Members Clausen, Rosenquist, and Schmidgall;
Planning Manager Jason Zimmerman and Associate Planner/Grant Writer Emily
Goellner; Elise Durbin with Hennepin County Bottineau Community Works; Jay Demma
with Perkins+Will; Mike Lamb with LHB; and Susan Henderson and Hazel Borys with
PlaceMakers.
1. TOD Zoning Workshop
Zimmerman introduced the topic of updating the City’s Mixed Use zoning code section
to be able to be used in the area around the proposed Golden Valley Road light rail
station. Clausen asked why the church was being talked about when they have stated
they do not intend to leave. Zimmerman discussed the importance of being prepared for
any future changes and pointed out the church would not be restricted by the new
zoning but that it could provide additional opportunities for them. Baker asked for
clarification between Neighborhood and Community scaled mixed use. Zimmerman
explained that it was related to the different character or intensity of places in addition to
the physical massing of buildings.
Demma presented an overview of the study and introduced the consultant team. Lamb
talked about mixed use zoning in general and how Golden Valley has used it in the past
along I-394. He pointed out the potential areas of change on the Golden Valley Road
station area plan and the group discussed protecting single-family neighborhoods.
Henderson walked the group through concepts being considered for the new mixed use
zoning code section. She described the ideas of requiring minimum frontage build-outs
and different façade types. Johnson expressed his concern about what was being left
out if the code was being simplified. Henderson pointed out that the code would be
more flexible and easier to administer.
Clausen asked if the concepts would hold over time. Henderson replied that while the
practical application of the concepts was fairly timeless, any good zoning code would be
revisited and updated from time to time. She presented an example of a two page
handout that contained almost all of the information needed to understand the zoning
district.
Baker asked if the code would dictate strict percentages of types of uses. Henderson
replied that while tight control used to be the standard, recent codes were more flexible
and let the market help dictate the mix of uses.
Clausen asked if the St. Margaret Mary site would support retail. Henderson replied that
it was unlikely in the shorter term. Baker suggested any new spaces be “retail ready.”
Special Meeting of the Golden Valley Planning Commission
April 16, 2018
Page 2
Clausen and Rosenquist discussed providing commercial/retail services for the
neighborhood and higher density housing close to the station platform. Clausen stated
that she believed that over time attitudes around light rail would soften around the
station. Baker asked if the single-family neighborhoods would ever turn over.
Henderson said it would be very difficult for site assembly to work.
Henderson talked about creating new use tables that were explicit about uses that were
not wanted and letting the market select the uses that were appropriate. Baker asked
about vertical mixed use. Henderson said that while it wouldn’t be required, it would be
allowed and even encouraged.
Zimmerman told the group that additional work would be done between staff and the
consultants and that a draft version of new mixed use zoning code language would be
available for review later in the summer.
The meeting was adjourned at 8:47 pm.
____________________________ __________________________
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
Regular Meeting of the
Golden Valley Planning Commission
April 23, 2018
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on
Monday, April 23, 2018. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Angell, Baker, Black, Blum, Brookins,
Johnson, Segelbaum and Waldhauser. Also present were Planning Manager Jason
Zimmerman.
1. Approval of Minutes
April 9, 2018, Regular Planning Commission Meeting
MOVED by Waldhauser, seconded by Segelbaum and motion carried unanimously to
approve the April 9, 2018, minutes as submitted.
2. Informal Public Hearing – Major PUD Amendment – 5430 Glenwood Avenue –
Meadowbrook PUD #90, Amendment #4 – PU90-A4
Applicant: Hopkins Public Schools
Address: 5430 Glenwood Avenue
Purpose: To allow for a 15,000 square foot addition
Zimmerman referred to the Land Use Map and noted that the properties in the PUD are
currently guided for schools and religious facilities, public facilities, and semi-public
facilities. He noted that on the proposed new Land Use Map the properties will all be
guided for assembly use which is consistent with what is there today. He added that the
properties are zoned Institutional (I-1) which is reserved for churches and schools.
Zimmerman gave a history of the PUD and explained the applicant’s current proposal to
construct a nine-classroom addition at the north end of the building to accommodate the
overcrowding that exists today. He explained that as a part of this proposal one existing
classroom will be converted to restrooms and utility space so there would be a net of
eight classrooms added. In addition there will be an internal courtyard created, an
expanded cafeteria, and an improved loading dock area. He noted that the proposed
work would be done in two phases starting with phase one in 2018 and phase two in
2019. He explained that staff’s main concern is traffic primarily at drop off and pick up
times and the traffic queuing on Glenwood Avenue.
Zimmerman referred to the traffic study done to examine existing conditions and
forecast conditions under this proposed amendment. He explained that the existing
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 2
enrollment is 836 and the proposed enrollment would be 890. He stated that the
average number of observed vehicles dropping off in the morning was 377 and 261
during the afternoon pick-up. The number of vehicles queued on the street was 8 to 15
in the morning and 4 to 21 in the afternoon.
Segelbaum asked for clarification about the average carpool statistics and asked about
the timeframe of the drop-offs and if that includes staff arrivals. Zimmerman said the
study looked at when parents started arriving and when they stopped because of school
starting. The average over four days was 377. Zimmerman stated that 38 spaces is the
number of queuing spaces that the traffic engineer felt was the minimum number of
spaces necessary to keep the cars off the public streets and on the site. Zimmerman
showed an aerial photo of the site and explained the four different access points used
for buses, access to the Davis Community Center, and for cars dropping off and picking
up students.
Zimmerman stated that when the traffic engineer’s findings were presented to
Meadowbrook they came back with some proposals as to finding space for the
additional 38 queuing spaces. One idea is to widen the entrance off of Turners
Crossroad to create better flow and add approximately 5 additional queuing spaces.
Another idea is to remove an existing playground and landscaped area near the corner
of Glenwood and Turners Crossroad in order to create a larger one-way loop which
would increase the queuing capacity on site and a larger area for students to be
dropped off and picked up. Another idea is to add a loop on the east parking lot that
would allow 16 more spaces. He added that by doing some other adjustments in the
existing parking lots another 10 spaces for queuing could be added. He said that staff
reviewed the applicant’s proposals and has some slightly different opinions. He said
staff agrees with the proposal to widen the entrance on Turners Crossroad along with
the addition of a right line on Turners Crossroad to increase public safety. He stated that
staff doesn’t want to see the playground and landscaped corner area removed, but
would support a smaller extended loop area on the west side of the site. He added that
the County is interested in seeing a left turn lane added on Glenwood Avenue either by
restriping or doing some curb work/construction to obtain enough width to allow people
to bypass the queue on the right.
Zimmerman referred to the landscaping plan and explained that the applicant is
proposing to remove 15 trees along Turners Crossroad and approximately 14 trees
north of the east parking lot. He stated that a tree survey will be required to evaluate
significant trees on the site and that tree replacement will be required.
Zimmerman discussed the lighting on the site and stated that a lighting plan for the
proposed new fixtures on the north end of the building will be necessary. He noted that
there are also outstanding inflow and infiltration corrections that need to be made and
that staff is recommending that enrollment be capped at 890 students in hopes of
avoiding future crowding issues. Staff is also recommending that if the applicant wants
to expand in the future there will need to be a much more significant traffic study done.
He added that the final plat from the applicant’s third PUD amendment must be
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 3
recorded with Hennepin County prior to any permits being issued and that the applicant
should explore options to provide bicycle and pedestrian access to the campus from the
east without crossing the ingress and egress driveways on Glenwood Avenue.
Zimmerman stated that staff is recommending approval of the proposed PUD
amendment based on the conditions listed in the staff report.
Baker asked for a comparison of the differences between what the applicant is
proposing and what the City is proposing. Zimmerman referred to a map of the property
and reviewed the three areas where the applicant is proposing changes on their site to
help with traffic and queuing and a map showing the changes the City would like to see
including a smaller loop on the west side of the building and the addition of a left turn
lane on Glenwood Avenue to help traffic flow better through the area.
Blum referred to the landscaping plan and asked if a tree survey has been done yet.
Zimmerman said no, a tree survey has not yet been done. Blum noted that the
landscaping plan showing the trees to be removed didn’t seem to encompass the
widening of the driveway on Turners Crossroad. Zimmerman explained that some of the
trees would need to be removed because of ADA entrance requirements and other tree
removal has to do with grading and utility work that will take place.
Johnson stated that the applicant is building nine new classrooms, but have said there
is a net of eight new classrooms and questioned why they aren’t just saying that they
are building nine. Zimmerman explained that they are proposing nine classrooms, but
one existing classroom is being taken away so there is a net of eight new classrooms
being constructed. He added that this doesn’t mean that there will be eight new classes
of 24 students each, the new classrooms will accommodate the existing students and
approximately 54 additional students.
Brookins asked for clarification regarding the one-way loop referred to in the staff
reports. Zimmerman explained that staff has suggested a one-way loop system on the
campus to allow cars to get off the public streets and to queue up on site instead.
However, there are space constraints on this property that would make that difficult.
Baker said he finds that idea compelling and is disappointed to hear that idea wasn’t
more seriously considered.
Segelbaum referred to the proposed extension of the existing loop on the west side of
the property and asked why the City is recommending that be made smaller instead of
the applicant’s larger loop proposal. Zimmerman said it is a safety issue and the loss of
pervious surface, landscaping, and playground area.
Baker asked if the proposed widening of Glenwood Avenue would take place within
existing right-of-way, or if additional property would have to be acquired. Zimmerman
said he doesn’t believe it would involve any taking of property from adjacent property
owners because there appears to be enough right-of-way available. Segelbaum asked
who would pay for the widening of Glenwood Avenue. Zimmerman said the district
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 4
would because the improvements would be necessitated by the proposed expansion
project.
Johnson asked if there is sufficient parking on the property. Zimmerman said there
haven’t been any complaints or concerns about parking compared to the queuing at
drop off and pick up times. Johnson asked if it will be difficult for cars to turn left out of
the parking lot on Glenwood Avenue. Zimmerman said it could potentially be a problem.
Waldhauser asked about the service area for Meadowbrook and where their students
come from. Zimmerman suggested having the applicant address that.
Brookins referred to the impervious surface on the site and asked if staff is confident
that stormwater BMPs can be put in place with the addition. Zimmerman stated that
staff is not confident yet because it depends on what traffic mitigation plan is
implemented. He added that the applicant will be required to have a stormwater permit
as part of the process. Waldhauser asked if there is any stormwater treatment currently
in place. Zimmerman said he didn’t think so.
Segelbaum asked why the recommendation includes a cap on staff as well as students.
Zimmerman said he is willing to work with the applicant regarding that recommendation.
Blum referred to the proposed enrollment cap and asked if the authority to do that arises
from the fact that this is a PUD proposal. Zimmerman said yes, and explained that
capping the enrollment is a tangible way to address the capacity of the site.
Blum referred to the suggested changes on Glenwood Avenue and asked if the City
could potentially lose specific lanes for bikes or pedestrians in the future. Zimmerman
said he believes there will always be trails, it is just a matter of whether they will be on-
street or off-street trails.
Baker asked the applicant to address each of staff’s recommended conditions starting
with the proposed loop area on the west side of the property. Neil Tessier, SAF
Engineering, stated that the City asked Meadowbrook to get 38 vehicles off of the road
and that with the concept they are proposing it gets 46 vehicles off the road so they feel
they’ve met that condition. He added that it will be challenging to add a turn lane on
Turners Crossroad because of the grade and the expense and that the school district’s
position is that they would really prefer not to do any work on the roads. He explained
that the school doesn’t use the existing play area on the west side as much as they did
in the past so that is why they are proposing the larger loop concept, instead of the
smaller one recommended by the City. Segelbaum asked about the suggestion of a
double lane access in the loop area. Tessier stated that the loop could be made wider to
help address the issues with pick up and drop off.
Baker asked why the School District is against making changes on Turners Crossroad
and Glenwood Avenue. Tessier reiterated that there are grading issues on Turners
Crossroad and that the numbers in the traffic study use the worst case scenario. He
stated that 90% of the time there are no issues on the streets, especially on Turners
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 5
Crossroad so there really isn’t the need for an additional turn lane on Turners Crossroad
as recommended because the vehicles are being brought on site. He referred to
Glenwood Avenue and said the County and the City really need to look at the width of
that road because he doesn’t think there is enough space, and it would be a major
undertaking, to provide a safe turn lane with bike lanes, curbs, and sidewalks. He added
that all of the development going on in the City is contributing to the congestion on
Glenwood so they don’t feel the School District should bear all of the responsibility.
Baker stated that people wouldn’t be turning there, but for the school. Tessier stated
that a significant amount of cars use Glenwood as a by-pass to get to Highway 100.
Blum said he would like to see a bigger picture of the volume of traffic and the direction
it is coming from in order to see the pressure on these points. Tessier noted that the
traffic study said approximately 25-30% of the trips come in from Turners Crossroad
and that the rest come from Glenwood Avenue. Blum asked about the demographics of
the people coming to this school. Tessier said he didn’t know exactly, but he does know
there is a major amount of open enrollment, and people come from many different
places.
Zimmerman noted that the traffic engineer’s report doesn’t show where the trips are
coming from, but it does show that the trips entering the site are fairly evenly split
between the Turners Crossroad entrance and the Glenwood Avenue entrance. Greta
Evans-Becker, Principal of Meadowbrook School, said that the west side of the site is
the only place where students are dropped off, but the larger number of pick-ups occur
on the Glenwood Avenue side of the property so that is why the numbers look evenly
split.
Baker asked why the suggested loop around the east parking lot was dismissed as not
an option. Tessier said separating bus traffic and parent traffic is something almost
every school in the state does because there is significant liability and safety concerns
so that is something the School District really does not want to do.
Baker asked about the differences between the applicant and the City regarding
landscaping. Tessier said they are prepared to submit a tree survey and a new
landscaping plan.
Baker asked about the staff’s recommendations regarding the lighting plan. Tessier said
they will provide a photometric plan to make sure light doesn’t spill into the
neighborhood.
Baker asked about the staff’s recommendations regarding utilities. Tessier said they are
waiting for the infiltration report and discussed the sewer work done in the past. He
added that they will fix any issues that need repair.
Baker asked Tessier about stormwater BMPs. Tessier said they are proposing to run
the storm sewer pipe from the roof area into an existing catch basin that goes into a
stormscepter and Bassett Creek.
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 6
Baker asked Tessier about the proposed enrollment requirement and the outstanding
plat. Tessier said they have no issue with capping the enrollment and that they are
working on getting the plat finished.
Baker referred to the bike flow issue and asked Tessier to respond to staff’s suggested
concept. Tessier explained that there could be a challenge with the staging of bikes on
the east part of the site when the entrance is completely around the building on the west
side. He stated there is also a hill, a lot of trees, a storm sewer, and a drainage swale to
be considered. He added that there are bike paths that cross driveways all over the City
and questioned what the City typically does in any other situation. He stated they are
comfortable adding signage, but to reroute the bike path all the way around the school
is a fairly large expense they would like to avoid. Segelbaum noted that the existing bike
racks are located where the loop is proposed to be expanded and questioned where
they would be relocated to. Tessier said the plans at this point are schematics and they
don’t have all the details yet, but they will put several bike racks in. Waldhauser asked if
there are crossing guards at the entrances. Tessier stated that there are people within
the site supervising drop offs and pick-ups. Evans-Becker stated that none of
Meadowbrook’s students are walkers so they don’t have crossing guards on the streets.
Baker asked Tessier if Meadowbrook has considered hiring a traffic control officer which
could solve many of the problems. Tessier stated that a traffic control officer wouldn’t be
effective on Glenwood Avenue where people turn into the school because it wouldn’t
help with the issue of people trying to go around that traffic.
Segelbaum stated that one of the City’s recommendations is to cap the number of staff
as well as the number students and asked if Meadowbrook has issues with that. Baker
clarified that the condition regarding staff doesn’t cap the number of staff, it requires that
changes to staffing levels or programming activities shall be discussed with the City
prior to implementation. Evans-Becker said that requirement seems complex when it
doesn’t impact the number of families that are coming or going. Waldhauser stated that
program changes do affect capacity. Evans-Becker said things should stay in balance
with a cap on student enrollment.
Waldhauser asked about the service area for Meadowbrook and how many of the
students are from that area, and outside of that area. Evans-Becker said the attendance
area is mainly south of Highway 55, west of Winnetka down to I-394 and to Theodore
Wirth on the east. She stated that half of the students come from the attendance area
and the other half are open enrolled students, many of which come from the rest of
Golden Valley among many other cities.
Baker opened the public hearing.
Paula Pentel, 941 Angelo Drive, said she has been involved with Meadowbrook since
2000 and she is concerned that the maps aren’t showing where the new addition is
going to be constructed. She said she is glad a tree survey is going to be required and
that she is concerned about the amount of impervious surface on the site and the size
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 7
of the playground. She referred to the suggested parking lot addition on the east side
and said she is concerned about the specimen trees in that area and the lack of a
buffer. She questioned how the student population will actually be capped and said that
the fact that the district decided that they want to put five levels of classes starting with
kindergarten doesn’t make an emergency for the City to allow a development that may
be too large for the site. She questioned if the Boy Scout property to the east may be
available to Meadowbrook in order to alleviate some of the issues and said she is not
sure every option has been considered.
Seeing and hearing no one else wishing to comment, Baker closed the public hearing.
Waldhauser said she feels like Meadowbrook has outgrown their space. She said she
understands the interest in having Meadowbrook in the community but it was built as a
small neighborhood school that is now trying to serve students from all over the place.
She questioned how much the City should do to help this one school serve as many
students as possible when there are a lot of other options. She said she is not
interested in seeing any expansion of Meadowbrook. Blum agreed and said he would
recommend that the City pause on this decision. Baker agreed with Blum and stated
that this proposal could be tabled in order to try and resolve some of the issues. Black
stated that the student expansion has already happened so the question is whether they
want to keep them in this small space.
Johnson stated that the school has an issue with traffic but they are trying to solve it by
getting more of the traffic off the streets and onto their site. Segelbaum agreed and said
he supports Meadowbrook and thinks they are trying to accommodate the traffic. He
said he is not sure it is completely plausible to add a turn lane on Glenwood Avenue so
he doesn’t want to make it a mandatory requirement at this point.
Baker asked if the queuing on Glenwood is a result of people waiting to turn into the
parking lot or if it queues all the way to the school’s entrance. Zimmerman said it is a bit
of both. Blum questioned why so many people are choosing to use the Glenwood
entrance. Zimmerman stated there are more parking spaces and more queuing space
on the east side. Baker said he is impressed with the compromises that have been
reached.
Brookins said he is not in support of the proposal. He said he thinks there are other
opportunities that haven’t been considered in terms of the long term vision and that he
would be in favor of tabling the proposal. Angell agreed and added that the larger loop
proposal isn’t ideal. He said he’d like to see more detail about potential plantings as
well. Baker said the proposal seems hasty and it feels like more thought could have
been put into it. Black said the main issue was traffic and that an entire traffic study was
done. He said there are other issues that are important, but the applicant has addressed
the main concerns the City has. Segelbaum said he thinks tabling the proposal would
be the worst option for the district. He said if there is more information required it can be
added before it goes to the City Council, but the Planning Commission’s purview is to
decide whether or not the proposal meets the standards, not if it they are moving too
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 8
quickly. Blum said he thinks the hesitation flows into the criteria they are supposed to
consider and are within their purview. Segelbaum said he feels it would be a disservice
to the school to not give them a vote.
Segelbaum referred to the second recommended condition of approval and questioned
if options B and/or D1 from the traffic engineer’s memo should be excluded. He also
questioned if a turn lane of Turners Crossroad would be necessary if the larger loop
option were constructed on the west side of the property. He said he would like there to
be further study before the proposal goes to the City Council regarding the traffic issues
on Glenwood Avenue and whether re-striping or adding a through lane would be best.
Baker reiterated that he thinks the proposal should be tabled.
Johnson stated he would like the staff report to state that they are creating nine
additional classrooms rather than a net of eight new classrooms.
Segelbaum referred to the seventh condition of approval and said he would like to strike
the language after the words “enrollment shall be capped at 890 students.” Zimmerman
stated that the City would still like to get annual information on enrollment from
Meadowbrook. Brookins said he would like the enrollment capped at even fewer than
890 students.
Johnson referred to the eighth condition of approval and said he thinks options for a
bicycle/pedestrian plan should be required the same as any other bike trail. Baker
recommended the language state that an east/west bike trail must be maintained and
options for a trail connection the parking lot should be explored.
Brookins asked if there should be timing requirements added to the conditions regarding
traffic improvements. Zimmerman said it depends on the County requirements. Brookins
asked if the internal site modifications could be addressed sooner. Baker suggested
adding language that requires options B and C be done during the first phase.
Johnson suggested that condition number three regarding tree mitigation be more
specific and include a 1 to 1 replacement of all significant trees.
MOVED by Segelbaum seconded by Waldhauser and motion carried unanimously to
recommend approval of the Major PUD Amendment plan for Meadowbrook PUD No. 90,
Amendment #4 subject to the following findings and conditions:
Findings:
1. If the listed conditions are required as a part of the approval, the proposed
expansion and site improvements would not negatively impact the overall quality of
the site. Enhancements to circulation and queueing areas should help traffic flow
more smoothly in and around the site, relieving existing congestion.
2. While a number of trees are being removed as a part of the proposal, improved
landscaping will be required and will help mitigate their removal.
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 9
3. The proposed amendment would utilize land efficiently by allowing the construction
of classrooms to support a complete fifth section of classes on-site.
4. The proposed amendment would allow the current school building to better manage
the number of students currently on-site and would allow for a small number of new
students to be enrolled over the next two years. This is consistent with the City’s
Comprehensive Plan which advocates a “complete community” and prioritizes the
preservation of elementary schools. However, without close oversight of future
enrollment and programming, problems around overcrowding could arise once more.
5. Important traffic improvements must be made in concert with the proposed
expansion in order to address concerns regarding the general health, safety, and
welfare of those who visit or travel through the Meadowbrook School area.
6. The proposed modification does not conflict with the standards applied to the
existing PUD and does not invalidate the Intent and Purpose provision of the City
Code.
Conditions:
1. The recommendations and requirements outlined in the memo from the Engineering
Division, dated April 19, 2018, shall become a part of this approval.
2. Improvements and modifications to traffic management, as explained in the
Engineering memo, shall be constructed and/or funded by Meadowbrook School in
2018 and 2019. These include physical improvements (A, C and E in the traffic
engineer’s memo and the school’s original option B) as well as operational
optimization. B and C shall be constructed in 2018.
3. A revised tree and landscaping plan, including a tree survey with tabular inventory,
which includes a 1 to 1 replacement of all significant trees shall be submitted for
review and approval prior to the issuance of a Tree and Landscape Permit.
4. A photometric plan with light levels identified for all new fixtures shall be submitted
for review and approval.
5. The school must provide a financial guarantee to ensure compliance with the City’s
I/I code. All new or rehabilitated sewer services must be inspected by the City after
repair or construction, and must obtain compliance with the City’s I/I Ordinance, prior
to occupancy of the building or release of funds.
6. No permits shall be issued until the Final Plat approved as part of Amendment #3
has been recorded with Hennepin County.
7. Enrollment shall be capped at 890 students. Information on enrollment shall be
provided to the City annually.
8. An east/west bike trail must be maintained and options for a trail connection east of
the parking lot that avoids vehicular conflicts shall be explored with City staff.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Zimmerman stated that officer elections will occur at the next Planning Commission
meeting.
Minutes of the Golden Valley Planning Commission
April 23, 2018
Page 10
The Commission acknowledged that it was Commissioner Waldhauser’s last meeting.
4. Other Business
• Council Liaison Report
No report was given.
5. Adjournment
The meeting was adjourned at 9:40 pm.
____________________________ __________________________
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
April 9, 2018
Present: Denise La Mere -Anderson, Aaron Black, Stephanie Devitt, Hilmer Erickson, Peder Hanson, Katie Hart, Sarah
Meyerring, Alan Ingber, Sophia Vento and Toots Vodovoz. Also present: Brian Erickson, Staff Liaison.
Absent: Elissa Heilicher
Call to Order: La Mere -Anderson called the meeting to order at 6:45 pm.
Agenda Changes or Additions: Bylaw changes to council, were added.
March 19, 2018: Erickson moved and Vodovoz seconded the motion to approve the minutes from March 19. The motion
passed unanimously.
Resignations: La Mere Anderson reported that Sarah Meyerring would be resigning.
Budget Update:
Erickson reviewed the most recent budget information with the commission.
Run the Valley:
Runner update as for 4/0/18. 10K-87, 5K-109, 5K Walk 40, 12U-12, Kids Fun Run -12.
Sponsors update— Erickson reviewed the final list of sponsors with the commission.
Volunteers — Erickson explained that it appears we have enough volunteers, with help from Oak Grove Church, the
agencies that receive funding, from residents and local businesses.
Duties/Assignment Check— Erickson reviewed Run the Valley duties and told commission members to arrive at 6:45 am.
Other Business:
Chair/Vice Chair Elections — Erickson told the commission that elections for Chair and Vice Chair will take place that the
May meeting.
Golf and Lawn Bowling Classic— Erickson reminded the commission of the date for the Golf and Lawn Bowling Classic.
Bylaw Changes to Council — Erickson explained that the commission would be going to council, in July, to present
proposals to change the bylaws for the Golden Valley. Human Services Fund.
Adjourned: LaMere — Anderson motioned, Meyerring seconded. Meeting adjourned at 7:30 pm
Respectfully submitted,
Denise La -Mere Anderson, GVHSF Chair Brian Erickson, Staff Liaison
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
April 23, 2018
Commissioners Present: Tracy Anderson, Tonia Galonska, Dawn Hill, Larry Johnson,
Joseph Ramlet, Jim Stremel and Debra Yahle
Staff Present: Marc Nevinski, Physical Development Director; Eric Eckman,
Development and Assets Supervisor; Claire Huisman, Administrative
Assistant
Absent: Commissioner Lynn Gitelis
Call to Order
Chair Hill called the meeting to order at 6:30 pm.
Approval of Regular Meeting Minutes
MOVED by Anderson, SECONDED by Galonska, and the motion carried
unanimously to approve the minutes of the March 26, 2018 regular meeting.
A farewell was given to Commissioner Larry Johnson for his many years of service to
the Environmental Commission. He will be resigning from the Commission after
tonight’s meeting.
Solid Waste Baseline Information
Marc Nevinski shared with the Commission the presentation he gave to the Council on
April 10th regarding organized solid waste collection. The discussion looked at the
current status of Golden Valley’s solid waste and recycling programs, recent survey
results, what other communities are doing, and goals for Council to consider. The goals
and values suggested by Council include: options and flexibility; cost neutral; reduce
number of trucks; retain choice; make services affordable; single day pick-up;
environment.
During the presentation Commissioners provided the following comments and
questions:
• Is there a cap on the number of haulers?
• How do you know if a resident does not have trash service?
• What is the recycling arrangement with Plymouth and Minnetonka?
• Is organics considered recycling?
• Is organics cheaper than solid waste?
• Does any hauler besides Randy’s provide organics collection?
• Does Randy’s partner with competitors to provide blue bag program?
• Friday seems to be “pick-up day” in Golden Valley based on observations
Nevinski asked the Commission to think about the following questions and provide
feedback to staff:
1. What do you hear from Golden Valley residents about trash hauling?
2. How might residents be engaged in this conversation about trash hauling?
3. What data should be gathered or questions answered that have not been?
Annual Report and Work Plan
Minutes of the Environmental Commission
April 23, 2018
Page 2 of 3
Eckman presented and discussed with the Commission the 2017 Annual Report and the
2018 Work Plan which will be presented to the Council on May 8th. The annual report
highlighted the Commissions major accomplishments which included:
• GreenStep Cities Program progress and recognition;
• Completion of the City’s Resilience and Sustainability Plan by the Commission
along with their contribution and input on other chapters in the City’s
Comprehensive Plan;
• Budget approval from the Council to host a community event and/or workshop for
this year’s topic, Sustainable Yards and Gardens (using less chemicals);
• Review and assist the City with its Environmental Projects through the
Commissions monthly Program and Projects Updates from various city
departments.
The 2018 Work Plan included the following:
• Continue to work on Step 4 of the GreenStep Cities Program;
• Help guide and give feedback on the City’s community conversation on solid
waste collection;
• Assist in the preparation of the curbside recycling contract for 2019;
• Utilize its $3,500 budget to host an educational workshop;
• Create a City-wide pollinator policy;
• Remove barriers in the zoning code for producing local food (Vertical
Greenhouses/Urban Farming);
• Continue to assist in implementing the Natural Resources Management Plan.
MOVED by Stremel, SECONDED by Yahle and the motion carried unanimously to
approve the 2018 Work Plan and its presentation to the City Council on May 8th.
GreenStep Cities Step 4 – Wastewater
After discussion of Step 4 core topic Wastewater and review of the 2016 Metropolitan
Council Inflow and Infiltration report, the Commission made the following motion.
MOVED by Ramlet, SECONDED by Galonska and the motion carried unanimously
to approve the entry for Step 4 Wastewater into the GreenSteps Cities website.
Program/Project Updates
The complete Program/Project Update is on file. Eckman discussed the city’s
application for a GreenCorps member whose main focus would be to assist the City in
waste reduction, recycling and composting/organics management. He also gave an
update on the DeCola Ponds B and C Improvement Project. Chair Hill gave a brief
update on the Bike Ped Task Force.
Other Business
Joseph Ramlet spoke about attending a youth event at the Capitol on Wednesday, April
25th. He will not be at the June Commission meeting due to summer work with the MN
Conservation Corp. He also mentioned that he participated in a video promoting
student involvement which can be accessed through the Hopkins School website.
Minutes of the Environmental Commission
April 23, 2018
Page 3 of 3
Eckman mentioned that a new Commission member will be appointed in May as well as
the yearly election for Chair and Vice-Chair. The current Chair and Vice-Chair are
eligible to serve another year. The Commission will go through a “new member”
orientation with reminders on open meeting laws, etc.
Chair Hill asked for guidelines on what the Commissioners can and can’t do when
involved in elections and campaigning.
Adjourn
MOVED by Galonska, SECONDED by Anderson, and the motion carried to
adjourn the meeting at 8:33 pm.
Claire Huisman
Administrative Assistant
Human Rights Commission April 24, 2018
Meeting Minutes Page 1 of 3
MINUTES
Human Rights Commission (HRC)
Golden Valley City Hall
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Council Conference Room
April 24, 2018
Commissioners present: Kyle Pettersen-Scott, Chair
Maurice Harris
Jonathan Burris
Adam Buttress
Gloria Peck
Carrie Yeager (6:39 pm)
Eve Clarkson
Teresa Martin
Commissioners absent: Isaac Mintzer
Staff: Emily Goellner, Associate Planner/Grant Writer
Kirsten Santelices, Human Resources Director
The meeting was convened at 6:31 pm by Chair Pettersen-Scott.
APPROVAL OF AGENDA
Commissioner Martin requested an addition to New Business. Motion by Commissioner Harris,
seconded by Commissioner Peck to approve the agenda as amended. Motion carried 7-0.
SPECIAL PRESENTATION
Staff member Goellner provided the Commission with a presentation of the City’s work on
affordable housing. Staff provided the Commission with an overview of the City’s history, what
the City is currently doing, where Commissioners can find more information, and the City’s
plan for the foreseeable future.
Commission requested that Staff send a copy of the PowerPoint presentation to the
Commissioners.
APPROVAL OF MARCH 27, 2018 REGULAR MEETING MINUTES
Motion by Commissioner Burris, seconded by Commissioner Harris to approve the minutes as
amended. Motion carried 8-0.
OLD BUSINESS
Pride Planning Check-In
Staff provided update on completed tasks assigned from March meeting. Commissioner Martin
offered information on a speaker and Commissioner Peck stated that the Pride Festival will not
have speakers this year, only musical guests. Commissioners asked about the timing of the
event, and Commissioner Peck confirmed that the event is from 12-6 pm and that the Pride
Human Rights Commission April 24, 2018
Meeting Minutes Page 2 of 3
planners suggested two different three hour shifts. Chair Pettersen-Scott requested that all
Commissioners review their calendars, put a hold on that day, and prepare to sign up for a
shift at the next meeting. Staff reminded everyone that the shifts will need to include set-up
and take-down.
Commissioner Burris asked what the Commission intends to have at the booth beyond the
magnets, bookmarks, and HRC brochure and offered up information on the voter registration
rights one-pager from the Secretary of State. Staff shared that the Commission is encouraged
to hand out voter registration cards, but not to collect completed cards.
Staff will add a link to the welcome page to the brochure, and ask Communications to link the
elections page on the website to the “Welcome to Golden Valley” page.
Voter Education Check-In
Commissioner Yeager gave a recap of the topic, and why the Commission decided to look
more into this area. Commissioner Yeager shared the results of her research on the
responsibilities of different voted offices. She suggested that the Commission may create a
PDF fact sheet to educate individuals on what they are voting for when they go in to vote. The
Commission discussed whether or not this type of education was appropriate for the Human
Rights Commission, or if it may fit better elsewhere, potentially with the League of Women
Voters. After some discussion, Commissioner Yeager decided against putting a motion on the
table.
Vice Chair Harris provided the Commission with potential partnership opportunities with the
League of Women Voters (LWV). The Commission can suggest topics for a partnering on a
Voter Rights educational event with the LWV. The LWV has a list of topics currently for the
Commission to review. Vice Chair Harris will send Staff the current list for distribution to and
review by the Commission. Commissioners will come prepared to the May meeting to vote on
a topic to present to the LWV. Vice Chair Harris will stay in touch with LMV and apprise them
of the Commissions discussions.
NEW BUSINESS
Day of Service Preliminary Discussion
Commissioners reviewed past “day of service” activities. Chair Pettersen-Scott requested that
Commissioners think of day of service ideas and bring them to the May meeting.
Discussion “Why Treaties Matter”
Commissioner Martin shared the educational exhibit that travels around the state, and
suggested the exhibit will be nice to hold in October around Columbus Day, as an alternative
to holding a speaker event. Commissioner Martin offered to fill out the application if the
Commission is interested in pursuing it. Commissioner Martin confirmed there would be no
cost. Motion by Commissioner Martin to complete the application, seconded by Commissioner
Burris. Motion carried 8-0. Staff will review opportunities to use space at Brookview and City
Hall.
Adjourn
Motion by Commissioner Harris, seconded by Commissioner Burris to adjourn the meeting at
8:03 pm. Motion carried 8-0.
Human Rights Commission April 24, 2018
Meeting Minutes Page 3 of 3
_______________________________
Kyle Pettersen-Scott, Chair
ATTEST:
_________________________________
Kirsten Santelices, Staff Liaison
Respectfully submitted,
Kirsten Santelices, Staff Liaison/Human Resources Director
POLICE CIVIL SERVICE COMMISSION
7700 Golden Valley Road – Golden Valley, MN 55427 MEETING
Thursday, March 8, 2018 – 8:30 AM
Public Safety Building Conference Room
MINUTES
Call to Order
Attendance/Roll Call
The meeting was called to order by Commissioner Kumagai at 8:33 AM. Present at the meeting were
Commissioners Gloria Kumagai and Andrew Wold; Police Chief Jason Sturgis, Commander Steve Johnson,
Commander Dave Kuhnly and Administrative Assistant Amanda Johnson.
Additions to the Agenda
There were no additions or corrections to the agenda.
Approval of Minutes of February 5, 2018
Commissioner Wold moved to approve the minutes from the February 5, 2018 meeting as presented; seconded
by Commissioner Kumagai. The meeting minutes were unanimously approved.
Approval of Police Officer Eligibility Register
Chief Sturgis advised 47 applications were received for the police officer position, which is only 1/3 of the
number usually received. Twenty candidates participated in the fitness test and 12 advanced to the interview
panel. Ultimately 4 candidates moved onto the final interview and 2 were placed on the police officer eligibility
register for commission approval.
Commissioner Wold inquired whether there were only two candidates on the register due to the low number of
applicants and whether the candidates were less desirable than candidates from previous processes due to the
overall scores being lower. Chief Sturgis stated the two candidates were the only two candidates that
successfully completed the final interview and the candidates’ ranks were decided by their law enforcement
experience.
Chief Sturgis advised he has been given permission to extend conditional offers to both candidates by the city
manager even though there is currently only one vacant officer position. Both candidates will be given job
offers if they successfully complete the background, psychological and medical.
Commissioner Wold moved to approve the police officer eligibility register; seconded by Commissioner
Kumagai. The police officer eligibility register was unanimously approved.
Adjournment
Commissioner Wold moved to adjourn the meeting; seconded by Commissioner Kumagai. The meeting was
adjourned at 8:50 AM.
Respectfully submitted,
Gloria Kumagai, Secretary
POLICE CIVIL SERVICE COMMISSION
7800 Golden Valley Road – Golden Valley, MN 55427 MEETING
Monday, April 9, 2018 – 9:00 AM
Public Safety Building Conference Room
MINUTES
Call to Order
Attendance/Roll Call
The meeting was called to order by Chair Schulz at 9:03 AM. Present at the meeting were Commissioners
Gloria Kumagai, Ralph Schulz and Andrew Wold; Police Chief Jason Sturgis, City Manager Tim Cruikshank,
Human Resources Director Kirsten Santelices, Council Member Joanie Clausen, Commander Steve Johnson,
Commander Dave Kuhnly, City Attorney Maria Cisneros, Best & Flanagan Law Clerk Brian Linnerooth,
Mayor Shep Harris, mentee to Andrew Wold and law student Brittany Kennedy, and Administrative Assistant
Amanda Johnson.
Agenda Review
Approval of Minutes of March 8, 2018
Commissioner Kumagai requested the minutes be amended to include the officer candidate demographics from
the last hiring process. Commissioner Wold moved to approve the meeting minutes from March 8, 2018 with
that addition; seconded by Commissioner Kumagai. The March 8, 2018 minutes with addition were approved
by consensus.
Rules & Regulations Discussion
Attorney Maria Cisneros reviewed her memo to Manager Cruikshank dated 04/04/18. There was discussion
concerning the impracticality of commissioners handling all tasks outlined in the state statute. Attorney
Cisneros advised the commission can delegate responsibilities to staff, but must provide the framework for staff
to work within. Commissioner Wold thanked Attorney Cisneros for the comprehensive memo and research her
office conducted for the commission.
Chair Schulz advised he is concerned about liability stemming from the commission handling responsibilities
outlined in the state statute. Chair Schulz made a motion to approve the revised rules and regulations presented
by the city. Motion was not seconded; motion failed.
Commissioner Kumagai stated she is concerned about the excessive delegation to city staff and believes the
proposed rules and regulations lack transparency and are one-sided. Commissioner Wold reminded
commissioners that the rules and regulations are established by the commission and not by city staff.
Commissioner Wold recommended each commissioner review the proposed rules and regulations and
individually send comments and/or proposed revisions to Attorney Cisneros. Attorney Cisneros advised she
would draft a new proposal and another meeting would be scheduled to discuss it. The next meeting will
tentatively be scheduled in May or June.
Mayor Harris inquired whether the commission’s rules and regulations are approved by City Council. Attorney
Cisneros stated while most city commission by-laws are approved by council, Civil Service Commission rules
and regulations are not.
Police Civil Service Commission Meeting Minutes
April 9, 2018 – Page 2
Council Member Clausen asked who faces liability if there are legal challenges to decisions made by the Civil
Service Commission. Attorney Cisneros advised while commissioners can be individually named in a lawsuit,
the City of Golden Valley indemnifies commissioners and the City of Golden Valley would incur costs
associated with legal proceedings and judgements.
Commissioner Wold moved to table the rules and regulations discussion and have commissioners send
comments to Attorney Cisneros by April 23rd so a new proposal could be drafted; seconded by Commissioner
Kumagai. Commissioner Schulz advised he believed the draft proposal presented by the city attorney should
have been approved and voted against the motion made by Commissioner Wold. Motion carried.
Mayor Harris thanked commissioners for their service to the community.
Adjournment
Commissioner Kumagai moved to adjourn the meeting; seconded by Commissioner Wold. The meeting was
adjourned at 9:51 AM.
Respectfully submitted,
Gloria Kumagai, Secretary
1. CALL TO ORDER and ROLL CALL
On Thursday, April 19, 2018 at 8:32 a.m. in the Council Conference Room at Golden Valley City Hall (7800
Golden Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed
Management Commission (BCWMC) and asked for roll call to be taken.
Commissioners and city staff present:
City Commissioner Alternate Commissioner Technical Advisory Committee
Members (City Staff)
Crystal Vacant Vacant Mark Ray
Golden Valley Stacy Harwell Absent Eric Eckman, Jeff Oliver
Medicine Lake Clint Carlson Gary Holter Absent
Minneapolis Michael Welch Vacant Absent
Minnetonka Absent Bill Monk Tom Dietrich
New Hope Absent Pat Crough Megan Albert
Plymouth Jim Prom – partial
attendance
John Byrnes – voting
member when Prom absent
Derek Asche
Robbinsdale Michael Scanlan Absent Richard McCoy, Marta Roser
St. Louis Park Jim de Lambert Patrick Noon Erick Francis
Administrator Laura Jester, Keystone Waters
Engineer Karen Engineer Chandler
Recorder Dawn Pape, Lawn Chair Gardener
Legal Counsel Troy Gilchrist, Kennedy & Graven
Presenters/
Guests/Public
Michelle Kimble, Jen Koehler, Patrick Brokamp - Barr Engineering
Jason West, City of St. Louis Park
Mark Oestreich, City of St. Louis Park
Chuck Schmidt, Crystal resident
Laurie Larsen, New Hope resident
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
Thursday, April 19, 2018
8:30 a.m.
Golden Valley City Hall, Golden Valley MN
BCWMC April 19, 2018 Meeting Minutes
Page 2 of 9
2. CITIZEN FORUM ON NON-AGENDA ITEMS
None
3. APPROVAL OF AGENDA
MOTION: Commissioner Welch moved to approve the agenda. Alternate Commissioner Byrnes seconded the motion.
Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.]
[Commissioner Prom arrives.]
4. CONSENT AGENDA
Commissioner Welch requested the removal from the consent agenda item 4E: Approval of Kilmer Park Street
Reconstruction Project, Plymouth. Commissioner Carlson requested the removal from the consent agenda item 4H:
Approval of agreement with Met Council for Watershed Outlet Monitoring Program (WOMP). These will become items
5H and 5I, respectively.
The following items were approved as part of the consent agenda: March 15, 2018 Commission meeting minutes, April
2018 financial report, payment of invoices, approval not to waive monetary limits on municipal tort liability, approval to
reimburse commissioners for conference registrations, approval of agreement with Hennepin County for 2018 River
Watch program.
The general and construction account balances reported in the April 2018 Financial Report are as follows:
Checking Account Balance $ 801,670.02
TOTAL GENERAL FUND BALANCE $ 801,670.02
TOTAL CASH & INVESTMENTS ON-HAND (4/7/18) $ 3,690,561.66
CIP Projects Levied – Budget Remaining ($ 4,262,228.70)
Closed Projects Remaining Balance ($ 571,667.04)
2012-2016 Anticipated Tax Levy Revenue $ 3,721.01
2017 Anticipated Tax Levy Revenue $ 1,771.12
Anticipated Closed Project Balance ($ 566,174.91)
MOTION: Commissioner Scanlan moved to approve the consent agenda as amended. Commissioner Prom seconded the
motion. Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.]
5. BUSINESS
A. Receive Presentation of Draft Feasibility Study for Westwood Lake Water Quality Improvement Project (WST-2)
Erick Francis with the City of St. Louis Park introduced Jason West, St. Louis Park Recreation Superintendent and Mark
Oestreich, St. Louis Park Westwood Hills Nature Center Manager who gave an overview of the Westwood Hills Nature
Center reconstruction project. They covered the goals, process, and new features planned for the new nature center
including aiming for a building that will be “zero energy”—meaning it will produce its energy on-site. It will use energy
BCWMC April 19, 2018 Meeting Minutes
Page 3 of 9
efficiency techniques such as passive solar and a massing wall. It will also incorporate floor heat, geothermal and
rooftop solar panels. The new building will be ideal for teaching school groups and the public. The old building will be
deconstructed. The Commission’s CIP project will allow the project to treat stormwater “above and beyond” what
would be required by the redevelopment project.
Michelle Kimble with Barr Engineering gave an overview of the Commission’s Westwood Lake Improvement Project.
She noted the lake is a BCWMC Priority 1 Shallow Lake and the goal of the project is to improve stormwater runoff
quality to Westwood Lake by removing sediment, phosphorus, and perhaps chloride.
Ms. Kimble reviewed the concepts for the project. Concept 1 includes adding more permeable pavers to the parking
lot in addition to pavers that are currently planned. Concept 2 includes expanding filtration basins that are already
planned. Filtration would be needed rather than infiltration due to tight soils and high groundwater. Concept 3
features directing roof water through a linear water feature behind the building that would include a series of pools
with a pump to recirculate the water, increasing evapotranspiration. Visitors could also manually pump and
recirculate the water. It was noted that this feature allows for education and interaction with visitors. Ms. Kimble
covered an additional concept not in the draft feasibility study; concept 4 includes heated concrete sidewalks to
reduce the need for winter salt use. She plans to include further information about this idea in the final feasibility
study.
Ms. Kimble walked through the water quality improvement impacts of the various concepts, the estimated costs, and
estimated 30-year annualized cost per pound of pollutant removal:
Alternative Estimated TSS
removal
(lbs/year)
Estimated TP
removal (lbs/year)
Estimate design and
construction cost
Estimated
annualized cost/lb
TP removal
Concept 1: Additional
Permeable Pavers
39.5 0.171 $170,000 $59,060 - $78,950
Concept 2: Expand
Filtration Basins
0.7 0.004 $62,000 $925,000 -
$1,250,000
Concept 3: Linear Water
Feature
59.9 0.330 $351,000 $63,380 - $84,610
Concepts 1 + 2 40.2 0.175 $232,000
Not available
Concept 4: Heated
Sidewalk
0 0 Not available Not available
Commissioner Welch noted this project should be viewed through a different lens because the phosphorus
reductions are not significant, but the education value is tremendous.
Administrator Jester added that Westwood Lake has good water quality, although chlorides are on the rise. She
noted, however, there are few opportunities to protect or improve this lake.
There was a discussion about the educational components of the various concepts. It was noted that education with
concepts 1, 2, and 4 would require visitors reading signs but concept 3 has the possibility of interaction.
Commissioner Carlson asked why permeable pavements were included since they are so expensive and usually used
in areas where there is little space for raingardens and infiltration features. Ms. Kimble answered with the benefits of
permeable pavements; they allow for infiltration and less salt is needed because they do not allow as much ice to
form.
Commissioner Harwell noted that with all of the sustainable elements included in the building design, perhaps this
could also be designed as a zero-chloride use facility. She also offered the idea of water re-use for toilet flushing and
asked about permeable paver maintenance. Ms. Kimble acknowledged that sediment does need to be vacuumed
from pavers but reminded the group that permeable pavers are already part of the design. The Commission’s project
would simply add more pavers.
BCWMC April 19, 2018 Meeting Minutes
Page 4 of 9
There was discussion about the CIP funding available for the project. Administrator Jester noted that the 5-year CIP
included $300,000 for this project which includes the $40,000 feasibility study and $6,000 for administration. She
noted that the Commission could decide to increase the levy amount requested and indicated that a decision on this
project is not needed until the May meeting.
Alternate Commissioner Monk asked if there were other possibilities for treatment in the Westwood Lake watershed
because all concepts presented here are very expensive relative to the pollutant removals being provided. Mr. Francis
replied that the watershed is fully developed and there are not a lot of other opportunities.
Commissioner Welch expressed that concepts 1 and 2 did not appear to be worth implementing because of the high
costs of pollutant removal and low educational value. Chair de Lambert and Commissioner Scanlan concurred. Staff
was asked that the final feasibility study include more discussion of the educational value of the various concepts and
a note on the impairments (or lack thereof) in Westwood Lake.
B. Consider Approval of 50% Design Plans for Bassett Creek Park Phase I Dredging Project: Winnetka Pond (BCP-2)
Commission Engineer Chandler introduced Patrick Brockamp with Barr Engineering, who performed the bulk of the
work designing this project, and she reminded the Commission of the agreement between the city and the
Commission for the city to design and construct the project. She reported the city hired Barr Engineering to design
the project, develop construction bidding materials and provide construction oversight. She then gave a presentation
on the project, noting the Commission had selected alternative 3 in the feasibility study to dredge Winnetka Pond
East (deepening to 6.0 feet), along with add-on 1 (native buffer) and add-on 2 (goose management). She noted the
selected project will provide water quality improvement by (1) providing additional permanent pool storage for
sedimentation and preventing re-suspension of sediment, (2) minimizing downstream transport of sediment, (3)
filtering pollutants such as phosphorus, sediment, and bacteria from stormwater runoff, and (4) reducing phosphorus
and bacteria loads from geese.
She reviewed the primary design features of the proposed work to include: pond dredging of 18,000 cubic yards,
maintenance access, outlet structure modifications, erosion repair and new storm sewer installation, expanding the
existing vegetated buffer and goose management. She reported that City of Crystal staff met with the Winnetka
Village Apartments management staff to discuss the native buffer and goose management measures and that
apartment management agreed to provide an easement for the buffer to the city at no cost. As a result of these
discussions and further discussion at the March 20th city council workshop, the city council decided to move ahead
with installing the native buffer. Engineer Chandler reported the buffer will be 1.1 acres with prairie-type grasses and
flowers. She noted tall plants that limit geese’s visibility limit attractiveness of the area to geese and that egg addling
would be used to further reduce goose numbers.
Engineer Chandler also reported on the permits that would be needed to complete the project and the estimated
project cost of $830,000, including engineering and construction, which is less than the original expected cost that
was included in the Commission’s CIP budget. She noted there may be administrative costs to securing the easement
from the apartment building to the city of about $3,000.
There was a discussion about goose management. It was reported the City of Crystal will perform egg addling at the
site at not cost to the Commission. Commissioner Prom noted that it can be a cost-effective way of improving water
quality.
MOTION: Commissioner Scanlan moved to approve the 50% Design Plans for Bassett Creek Park Phase I Dredging
Project: Winnetka Pond (BCP-2) and to direct the city to proceed with 90% design plans. Commissioner Prom
seconded the motion.
Discussion: Commissioner Welch noted the Commission is relying on the city to perform certain functions, like buffer
maintenance and goose management, so an amendment to the agreement with the city may be needed. He also
asked that information on the history of the Commission’s involvement in spending CIP funds for easement purchases
or administrative costs be brought to the June meeting.
BCWMC April 19, 2018 Meeting Minutes
Page 5 of 9
Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.]
C. Review Feasibility Study Concepts for DeCola Ponds B & C Improvement Project (BC-2,3,8)
Commission Engineer Chandler introduced Jen Koehler with Barr Engineering. Ms. Koehler gave a presentation on
the DeCola Ponds B and C Improvement Project. She reminded the Commission that at the meeting in November
2016, the Commission received a presentation on the Long-Term Flood Mitigation Plan for Medicine Lake Rd and
Winnetka Ave Area prepared by the cities of Golden Valley, New Hope, and Crystal. She then reviewed the history of
flooding in the DeCola Ponds area and the three concepts for flood mitigation and water quality improvements
developed for this project. She noted the primary goal of the project is flood mitigation, with a secondary goal of
water quality improvement. She noted the complete feasibility study will be presented in June.
Ms. Koehler walked through the different components of the three flood mitigation concepts that were investigated
during this feasibility study. She noted the major differences between each concept are the amount of additional
flood storage developed, the area of disturbance (and resulting tree removal), and the additional water quality
treatment volume that can be developed. She noted that permitting requirements are the same for all three options.
Concept 1: Maximize Flood Storage (resulting in the most significant disturbance area and tree removal)
Concept 2: Maximize Tree Preservation (minimizing disturbance area and tree removal while developing flood
storage)
Concept 3: Hybrid of Concepts 1 & 2 (balancing the need for flood storage with tree preservation)
Ms. Koehler reported that the BCWMC Phase 2 XP-SWMM and P8 models were used to quantify the impacts of each
concept on flood reduction and water quality improvement. She noted the engineers also quantified habitat impacts,
including estimated tree removals, and wetland and upland restorations, based on the proposed concepts.
Ms. Koehler reported that her recommended concept is Concept 3, which balances the development of flood
migration volume with tree preservation. She noted the planning level estimated cost for the recommended Concept
3 is $3.8 million (-20%/+30%) and that the BCWMC CIP budget for this project is $1.6 million. She noted, however,
that the BCWMC CIP funding is not the sole source of funding for this project and the remainder of the funding will
come from a variety of sources, including the City of Golden Valley, Hennepin County, Minnesota Department of
Natural Resources (MnDNR) Flood Damage Reduction Grant program, and other sources (e.g. other grants, as
appropriate).
Ms. Koehler also relayed the public’s comments and concerns gathered through two open houses. Public comments
were varied. Some people wanted trails, tree removal, tree preservation, focus on combatting invasive species, pond
safety, concerns about special assessments to property owners. However, the general feedback was positive and
many people thought Concept 3 seemed like a good compromise.
There was discussion about the need for significant funds aside from the Commission’s CIP. Eric Eckman, City of
Golden Valley, said that this is a long-term flood mitigation plan and that the City of Golden Valley is pursuing funding
through the the MnDNR Flood Reduction Grant program (state legislature’s bonding bill).
Alternate Commissioner Monk asked whose decision this is to make. Administrator Jester clarified that it is the
BCWMC’s decision and reminded the group that during the May meeting, the Commission will set their maximum
levy for 2019. She noted that CIP funds do not have to be spent the same year they are levied and can be held until all
of the funding comes together. Alternate Commissioner Monk wondered about approving a project that isn’t fully
funded. He also wondered if other BMPs had been considered upstream, rather than construction of a forebay. Ms.
Koehler explained that the presence of a sanitary sewer limited the size of the forebay. Jeff Oliver, City of Golden
Valley, added that they will have to figure out how to scale the project with whatever funding is available and that it
may be completed in phases.
Commissioner Welch commented that since stakeholder feedback varied, he thinks it would be wise to do what
Engineer Koehler recommends. Commissioner Welch remarked that Alternate Commissioner Monk made a good
BCWMC April 19, 2018 Meeting Minutes
Page 6 of 9
point, and that the Commission can approve a concept, but still know that there will be several more checkpoints
ahead. The final feasibility study should include a framework of how it fits into the BCWMC plan and policies and why
it is included in CIP. Alternate Commissioner Byrnes added that the Commission will not know about the legislative
bonding bill until after the next Commission meeting.
New Hope resident, Laurie Larsen, briefly shared her story with the Commission. She noted she has lived in this area
for 12 years and has experienced flooding at Roselyn Court and continues to be concerned about the flooding. She
stated that she was moved and impressed by the Commission’s thoughtfulness, time, effort, and energy. This is the
first Commission meeting she has attended and she impressed by the commitment she saw. Commissioner Harwell
added that this a high priority for the Commission.
D. Consider Approval of Recommendations from Technical Advisory Committee
Mr. Francis relayed that the BCWMC Technical Advisory Committee met April 9th to discuss the 2020-2024 CIP
project list and the 2019 operating budget and to consider a request for use of Channel Maintenance Funds from the
City of Golden Valley.
i. 2020-2024 Capital Improvement Program and Project Fact Sheets
With regards to the 5-year CIP, Mr. Francis noted the TAC recommends adding the following projects:
• 2020: Crane Lake Improvement Project as part of Ridgedale Drive reconstruction project - $300,000
• 2024: Bassett Creek Main Stem Restoration - Regent Ave to Golden Valley Rd - $500,000 (over 2 years)
• 2024: Bassett Creek Park Water Quality Improvement Project - $500,000
• 2024: Ponderosa Woods Stream Restoration - $500,000
The TAC noted that the levy amount of $1.3 - $1.4 million per year may need to increase slightly each year to keep up
with rising construction costs. It was suggested that the construction cost index be used as a guide for gradual
increases in the levy amount. Administrator Jester reviewed the Commission’s current CIP fiscal policy of keeping the
levy amount stable. She said she would add the recommendation to gradually increase the levy according to the
construction cost index to a future Budget Committee or Administrative Services Committee meeting agenda.
Administrator Jester also noted the Bryn Mawr Meadows Improvement Project is proposed to be moved from a 2019
project to a 2020 project to better align with MPRB timing of park improvements and to allow the Crane Lake
Improvement Project to be added to the CIP.
Alternate Commissioner Byrnes noted that Crane Lake has high chloride levels. He was wondering if the Commission
could look at projects to reduce chloride pollution to the lake. Tom Dietrich, City of Minnetonka, said it is on the table
for consideration. He said the Ridgedale area is redeveloping quickly and chloride reductions are being pursued.
Commissioner Harwell suggested smart salting certification.
Commissioner Scanlan thought a discussion on increasing the levy amount based on the increase in the construction
cost index would be important to pursue. Chair de Lambert replied that project costs are basis for the levy.
MOTION: Alternate Commissioner Monk made a motion to approve the 5-year CIP as recommended by the TAC and
to begin a minor plan amendment process. Commissioner Scanlan seconded the motion. Upon a vote, the motion
carried 8-0. [City of Crystal absent from the vote.].
ii. Channel Maintenance Fund Request
Mr. Francis reported that the City of Golden Valley requests the use of Channel Maintenance funds for a project on
private property. There was a brief discussion of the Channel Maintenance Fund use and how the city will ensure
maintenance of the buffer. It was noted that public funds should be spent on projects that are maintained.
MOTION: Commissioner Welch moved to approve the Channel Maintenance Fund Request of $15,000 from the City
of Golden Valley. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 8-0. [City of Crystal
absent from the vote.].
BCWMC April 19, 2018 Meeting Minutes
Page 7 of 9
Mr. Francis briefly reviewed the other discussions by the TAC including the TAC’s input on the 2019 budget: 1) it is a
good idea to begin saving for the next watershed plan now; 2) $30,000 - $40,000 is a good amount for the AIS/APM
budget; and 3) a 2 – 3% increase in assessments is appropriate and justifiable.
[Commissioner Prom departed. Commissioner Byrnes assumed voting role.]
E. Receive Update on Status of Bryn Mawr Meadows Water Quality Improvement Project.
As she noted in item 5D, Administrator Jester reported that this CIP project will be moved from a 2019 project to a
2020 project to better align with design and construction of park improvements. She noted a feasibility study is
underway and will be presented in the coming months.
F. Consider Authorizing Expenditures for Possible Rapid Response to Zebra Mussels in Medicine Lake
Administer Jester reminded the Commission that a zebra mussel survey will be completed in Medicine Lake as soon as
ice is off the lake. She noted that if a rapid response (chemical treatment) of the mussels is warranted (if they are
found to be in very limited area and the MnDNR agrees to allow a treatment), the treatment would need to happen
quickly. She reviewed the current allocated spending of the 2018 APM/AIS budget and requested authorization to
spend up to $11,000 on treatment, if required. She reported that Hennepin County staff verbally agreed to help fund
the rapid response and the cities of Medicine Lake and Plymouth have each agreed to spend $3,000 (for a total of
$6,000) on the survey and treatment.
MOTION: Commissioner Scanlan moved to approve the request to spend up to $11,000 on a rapid response to zebra
mussels in Medicine Lake. Commissioner Harwell seconded the motion. Upon a vote, the motion carried 8-0. [City of
Crystal absent from the vote.]
G. Consider Appointing Administrator as Commission Representative at Hennepin County Watershed-Based
Funding Pilot Program Convene Meeting and Discuss Funding Options
Administrator Jester reviewed her memo and recommended that she be appointed to officially represent the
Commission at the Hennepin County Watershed-Based Funding Pilot Program Convene meeting and that Engineer
Chandler be appointed as an alternate. She also walked through the three collaboration options that will be
presented and voted on at the convene meeting.
• Option 1: Use a formula based on area and property tax base to disseminate funds by watershed
organization (approximately $76,000 for BCWMC projects)
• Option 2: Take a modest amount of funding (a figure of $100,000 has been discussed) off the top of the $1M
for Hennepin County to address chloride pollution on a countywide basis and distribute the remainder of
funds via the formula in Option 1. (approximately $70,000 for BCWMC projects)
• Option 3: Take a modest amount of funding (a figure of $100,000 has been discussed) off the top of the $1M
for Hennepin County to address chloride pollution on a countywide basis and distribute the remainder of
funds to major river basins to use on their priority programs/projects (approximately $530,000 - $630,000
for projects in the Mississippi River Basin watersheds).
She noted that watershed organizations in the County have tentatively agreed to advocate for Option 3. She
mentioned that if option 3 were chosen, the Commission is not likely to receive Clean Water Funds in this biennium
as the BCWMC projects did not rank very high among other projects in the Mississippi River Basin watersheds. She
noted that IF the funding is distributed by county after this pilot program biennium, the Commission would receive
funding for future projects.
Commissioner Welch noted it was a good idea for Administrator Jester to be the Commission’s representative and
volunteered Alternate Commissioner Monk as someone else that should attend the meeting as a support.
It was agreed that the watershed-wide chloride approach is a good one, but Commissioner Welch noted there is a
very real possibility the funding will be distributed in a completely different way in the future. There was discussion
BCWMC April 19, 2018 Meeting Minutes
Page 8 of 9
about advocating for Option 2 in order for the Commission to get at least some funding in this biennium. Engineer
Chandler noted that Option 3 would be the best if funds continue to be distributed in this manner. Alternate
Commissioner Monk thought we should stick with Option3 even if the funding distribution changes because it allows
watersheds to implement bigger, more effective projects because funding levels would be higher.
MOTION: Alternate Commissioner Monk moved to appoint Administrator Jester as the official BCWMC representative
and to direct her to advocate for Option 3 at the convene meeting. Commissioner Scanlan seconded the motion.
Commissioner Harwell noted that the Commission’s DeCola Ponds B and C Improvement Project should be added to
the list of projects considered by the Mississippi River Basin watersheds because it has a water quality improvement
component in addition to flood mitigation.
MOTION: Commissioner Harwell moved to amend the motion to allow Engineer Chandler and Administrator Jester to
make a decision on which option to advocate for and to approve appointing Administrator Jester as the Commission
Representative at the Hennepin County Watershed-Based Funding Pilot Program Convene Meeting. Commissioner
Scanlan seconded the motion. Upon a vote, the motion carried 7-1 with St. Louis Park voting no. [City of Crystal
absent from the vote.]
Voting on amended motion: Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.]
[Alternate Commissioner Noon departs.]
H. Approval of Kilmer Park Street Reconstruction Project (from consent agenda)
Commissioner Welch inquired about the trigger of this project and why the wetland question is not spelled out in the
memo. Engineer Chandler replied that BCWMC is not the WCA Authority.
MOTION: Commissioner Welch moved to approve the Kilmer Park Street Reconstruction Project. Alternate
Commissioner Byrnes seconded the motion. Upon a vote, the motion carried 8-0. [City of Crystal absent from the
vote.]
I. Approval of Agreement with the Met Council for Watershed Outlet Monitoring Program (WOMP)
Commissioner Carlson inquired about this program. Chair de Lambert described WOMP and the importance of the
data it generates.
MOTION: Alternate Commissioner Byrnes moved to approve the WOMP contract with Met Council. Commissioner
Carlson seconded the motion. Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.]
6. COMMUNICATIONS
A. Administrator’s Report – Administrator Jester reported that the meeting for lake groups to be facilitated by
Freshwater Society is coming along and a date for the meeting will be set soon. She also reported that the
limited liability legislation for chlorides is still moving through committees. She also reported that she and
TRPD staff, Commissioners Byrnes and Carlson, and Plymouth staff recently met with AMLAC
representatives to discuss zebra mussels, dock inspections, and boat launch inspections.
B. Chair – Chair de Lambert reported that he is involved with development of a white paper on chlorides and their
impact on groundwater.
C. Commissioners
Commissioner Welch – Reported the chloride bill is likely dead for now, but progress was made. He also
noted the cleanup planned for in Bassett Creek Park was postponed until May 12th.
Commissioner Scanlan – attended the State Water Conference and gave some insights. He mentioned that
the speakers were excellent.
D. TAC Members
Nothing to report
BCWMC April 19, 2018 Meeting Minutes
Page 9 of 9
E. Committees
Budget and Education committees have met and they are moving forward. Commissioner Harwell asked if
the education committee was working on developing education ideas for the Westwood Lake Improvement
Project. Administrator Jester replied that it was not currently doing that.
F. Legal Counsel
Nothing to report
G. Engineer
Nothing to report
7. INFORMATION ONLY (Information online only)
A. Administrative Calendar
B. CIP Project Updates http://www.bassettcreekwmo.org/projects
C. Grant Tracking Summary and Spreadsheet
D. Minnesota Association of Watershed Districts’ Summer Tour
E. 2017 WMWA Annual Report
F. 2017 Met Council Water Resources Update
8. ADJOURNMENT
The meeting adjourned at 11:50 a.m.
________________________________________
Signature/Title Date
________________________________________
Signature/Title Date
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
3. E. 1. Award Contract for the Schaper Park Shelter Roof Replacement
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Al Lundstrom, Park Maintenance Supervisor
Summary
The 2018 Building Capital Improvement Program includes $270,000 for public building roof
replacements (B-#041).
Staff previously solicited bids for the roof replacements of Wesley Park shelter and Schaper Park
shelter. Wesley Park shelter was the base bid and Schaper Park shelter was an alternate bid. At that
time, staff recommended awarding only the base bid because the alternate bids were considerably
higher than engineer’s estimates. Council awarded the base bid on May 15, 2018, in the amount of
$123,880 to replace the Wesley Park shelter roof.
Staff has since solicited quotes to replace the asphalt shingle roof at Schaper Park with a metal roof
consistent with other park shelters due to its poor condition.
The following quotes were received for the Schaper Park Shelter Roof Replacement Project:
Quotes
Central Roofing Company $64,900
Green Construction Company $61,500
Flag Builders $23,760
The engineer’s estimate for the Schaper Park roof was $21,000. Flag Builders has done work on
other shelters in Golden Valley and is familiar with the City’s specifications. Staff has also discussed
the bid with Flag Builders and confirmed their understanding of the project. The total cost for the
two projects, including construction and professional services, will be $178,490.
Attachments
• Environmental Process, Inc. Bid Recommendation (1 page)
Recommended Action
Motion to award contract for the Schaper Park Shelter Roof Replacement Project to Flag Builders in
the amount of $23,760.
ENVIRONMENTAL PROCESS, INC....
715 Florida Ave. S., Suite 111 18382 FM 302, Suite 103
Golden Valley, MN 55426 Fax: 763-398-0121 Canyon Lake, TX 78133
763-398-3040 Phone: 888-733-3050 830-935-4909
epimpls@go-epi.com www.go-epi.com epitx@go-epi.com
May 23, 2018
Mr. Al Lundstrom
Park Maintenance Supervisor
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re: City of Golden Valley
Schaper Park Shelter - 2018 Roof Replacement
City Project No.: 18-12
EPI Project No.: 18-984R
Dear Mr. Lundstrom:
Environmental Process, Inc. (EPI) reviewed the City of Golden – Schaper Park Shelter 2018 Roof
Replacement project work scope with Scott Cooper of Flag Builders of Minnesota, Inc. and there were no
questions. Scott Cooper indicated that they fully understand the scope of work and that they will be ready
to start work in as in the tentative schedule. The work schedule will be discussed in the preconstruction
meeting. Flag Builders of Minnesota, Inc. will be the General Contractor and will use subcontractors for
the metal roofing.
Flag Builders of Minnesota, Inc. is based in Golden Valley, Minnesota. EPI has worked with Flag
Builders of Minnesota, Inc. in the past. Flag Builders of Minnesota, Inc. successfully completed the City
of Golden Valley Lion’s Park Shelter – 2012 Roof Replacement project and the Hampshire Park Shelter –
2014 Roof Replacement project. Based on the review of project work scope with Flag Builders of
Minnesota, Inc. and the fact that they are the low bidder, we recommend awarding the project to them.
EPI recommends that the base bid cost of $23,760.00 for the City of Golden Valley – Schaper Park
Shelter - 2018 Roof Replacement project be accepted from Flag Builders of Minnesota, Inc.
Please call (763) 398-3040 with any questions or comments.
Sincerely,
ENVIRONMENTAL PROCESS, INC.
Denny R. Langer, PE
Senior Engineer/Project Manager
Copy: Michael Berreau, EPI
EPI File No. 18-984R
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
3. F. Authorize Legal Services Agreement regarding Litigation
Prepared By
Jeff Oliver PE, City Engineer
Summary
The Council met in a closed session September 12, 2017, to consider potential ligation regarding
pollution of the City’s storm water ponds by coal tar waste. The lawsuit seeks reimbursement for the
cost to the City of disposing of coal tar waste from storm water ponds. Council authorization is
required to retain legal counsel to represent the City in the litigation. The Legal Services Agreement
provides for a tiered contingent fee arrangement and the City will not pay legal fees or costs if there
is no recovery in the lawsuit.
Recommended Action
Motion to authorize an agreement with Weitz & Luxenberg, P.C., Super Law Group, LLC and Gray
Plant Mooty, Mooty & Bennett, P.A. regarding ligation.
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
3. G. Authorize Cooperative Construction Agreement with Minnesota Department of Transportation
Prepared By
Jeff Oliver, PE City Engineer
Summary
At the March 7, 2017 meeting, the City Council held a public hearing and authorized advertising for
the Highway 55 West improvement project. This project includes installation of sidewalks on Golden
Valley Road, Decatur Avenue and 7th Avenue; and modifications of the existing intersection of
Golden Valley Road and Trunk Highway 55 (TH 55).
During the final review of the construction plans by the Minnesota Department of Transportation
(MnDOT), it was determined that a Cooperative Construction Agreement would be required for the
project. The agreement is necessary due to the extent of work within the TH 55 right of way which
includes relocation of the intersection, a longer right turn lane and an acceleration lane.
The Cooperative Agreement outlines the extent of the work being performed as part of the project,
conditions for work in the right of way, and future ownership and maintenance of the
improvements. There is no financial participation from MnDOT for the proposed improvements.
Attachments
• State of Minnesota Department of Transportation and City of Golden Valley Cooperative
Construction Agreement (6 pages)
• Resolution Authorizing entering into a Cooperative Construction Agreement with the Minnesota
Department of Transportation for the construction of intersection of Golden Valley
Road/Decatur Avenue and Trunk Highway 55 (1 page)
Recommended Action
Motion to adopt Resolution approving the Minnesota Department of Transportation Cooperative
Construction Agreement for the construction of the intersection of Golden Valley Road/Decatur
Avenue North and Trunk Highway 55.
MnDOT Contract No: 1030952
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF GOLDEN VALLEY
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number(S.P.): 2723-142
Trunk Highway Number(T.H.): 55=188
State Aid Project Number(S.A.P.): 128-389-011
State Aid Project Number(S.A.P.): 128-423-001
Signal System ID: 1735403
This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation ("State")and
the City of Golden Valley acting through its City Council("City").
Recitals
1. The City will perform excavation,grading,concrete curb and gutter,concrete sidewalk, retaining wall,storm
sewer, street lighting, and signal revision construction and other associated construction upon,along and
adjacent to Trunk Highway No. 55 at Golden Valley Road and the intersection with Boone Avenue North and
Trunk Highway No. 55,on Golden Valley Road from Trunk Highway No. 55 to Mendelssohn Avenue North,
on Decatur Avenue North from Golden Valley Road to 71 Avenue North,and on 71 Avenue North from
Decatur Avenue North to Boone Avenue North according to City-prepared plans, specifications and special
provisions designated by the City as State Aid Project No. 128-389-011 and 128-423-001,and by the State as
State Project No. 2723-142 (T.H. 55=188)("Project");and
2. The City requests the State allow the construction of roadway at Trunk Highway No. 55 and Golden Valley
Road and revise traffic signal system at intersection of Trunk Highway No. 55 and Boone Avenue North and
the State is willing to allow said construction; and
3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms;Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date.This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including,without limitation,the following clauses: 2.4. State Ownership of improvements; 5. Maintenance
by the City; 9. Liability; Worker Compensation Claims; Insurance; 11. State Audits; 12.Government Data
Practices; 13. Governing Law; Jurisdiction;Venue; and 15. Force Majeure.
1.4. Plans,Specifications,Special Provisions. State-approved City plans, specifications and special provisions
designated by the City as State Aid Project No. 128-389-011 and No. 128-423-001, and by the State as State
Project No. 2723-142(T.H. 55=188)are on file in the office of the City's Engineer and incorporated into
this Agreement by reference("Project Plans").
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MnDOT Contract No: 1030952
2. Right-of-Way Use
2.1. Limited Right to Occupy. The State grants to the City(and its contractors and consultants)the right to
occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans.This
right is limited to the purpose of constructing the project,and administering such construction,and may be
revoked by the State at any time,with or without cause.Cause for revoking this right of occupancy includes,
but is not limited to, breaching the terms of this or any other agreement(relevant to this project)with the
State,failing to provide adequate traffic control or other safety measures,failing to perform the construction
properly and in a timely manner,and failing to observe applicable environmental laws or terms of applicable
permits.The State will have no liability to the City(or its contractors or consultants)for revoking this right
of occupancy.
2.2. State Access,Suspension of Work,Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the Trunk Highway Right-of-Way(including the
construction being performed on such right-of-way)at any time and without notice to the City or its
contractor. If the State determines(in its sole discretion)that the construction is not being performed in a
proper or timely manner, or that environmental laws(or the terms of permits)are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented,then the State
may direct the City(and its contractor)to take such remedial measures as the State deems necessary. The
State may require the City (and its contractors and consultants)to suspend their operations until suitable
remedial action plans are approved and implemented.The State will have no liability to the City(or its
contractors or consultants)for exercising its rights under this provision.
2.3. Traffic Control, Worker Safety. While the City(and its contractors and consultants)are occupying the State
Right-of-Way,they must comply with the approved traffic control plan,and with applicable provisions of
the Work Zone Field Handbook(hM://www.dot.state.mn.us/trafficeng/workzone/index.html).All City,
contractor,and consultant personnel occupying the State's Right-of-Way must be provided with required
reflective clothing and hats.
2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way,
including any improvements made to such right-of-way under this Agreement, unless otherwise noted.The
warranties and guarantees made by the City's contractor with respect to such improvements(if any)will
flow to the State. The City will assist the State, as necessary,to enforce such warranties and guarantees,and
to obtain recovery from the City's consultants, and contractor(including its sureties)for non-performance of
contract work, for design errors and omissions,and for defects in materials and workmanship. Upon request
of the State,the City will undertake such actions as are reasonably necessary to transfer or assign contract
rights to the State and to permit subrogation by the State with respect to claims against the City's consultants
and contractors.
3. Contract Award and Construction
3.1. Direction,Supervision and Inspection of Construction.
A. The contract construction will be under the direction of the City and under the supervision of a registered
professional engineer; however,the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives.The City will give the
State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract
construction.
B. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current"Standard Specifications for Construction".
3.2. Completion of Construction. The City will cause the contract construction to be started and completed
according to the time schedule in the construction contract special provisions. The completion date for the
contract construction may be extended,by an exchange of letters between the appropriate City official and
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MnDOT Contract No: 1030952
the State District Engineer's authorized representative,for unavoidable delays encountered in the
performance of the contract construction.
3.3. Compliance with Laws, Ordinances,Regulations. The City will comply and cause its contractor to comply
with all Federal, State and Local laws,and all applicable ordinances and regulations. With respect only to
that portion of work performed on the State's Trunk Highway Right-of-Way,the City will not require the
contractor to follow local ordinances or to obtain local permits.
4. Right-of-Way; Easements; Permits
4.1. The City will,without cost or expense to the State,obtain all rights-of-way,easements,construction permits
and any other permits and sanctions that may be required in connection with the local and trunk highway
portions of the contract construction. Before payment by the State,the City will furnish the State with
certified copies of the documents for rights-of-way and easements, construction permits and other permits
and sanctions required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed,all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a),for identification,notification,
design meetings and depiction of utilities affected by the contract construction.
4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by
the City of Golden Valley to be constructed upon and within the Trunk Highway Right-of-Way.
Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway
Right-of-Way" (Form 2525).
5. Maintenance by the City
Upon completion of the project,the City will provide the following without cost or expense to the State
5.1. Roadways. Maintenance of Decatur Avenue at T.H. 55. Maintenance includes,but is not limited to, snow,
ice and debris removal, resurfacing and seal coating and any other maintenance activities according to
accepted City maintenance practices.
5.2. Sidewalks. Maintenance and ownership of any sidewalk construction, including stamped and colored
concrete sidewalk(if any)and pedestrian ramps. Maintenance includes,but is not limited to, snow, ice and
debris removal, patching, crack repair,panel replacement, cross street pedestrian crosswalk markings,
vegetation control of boulevards(if any)and any other maintenance activities necessary to perpetuate the
sidewalks in a safe, useable,and aesthetically acceptable condition.
6. Signal System and EVP System Operation and Maintenance
All operation and maintenance terms, including timing and power provisions, in Traffic Control Signal
Agreement No. 86583 dated July 13, 2004, for the existing traffic control signals on T.H. 55 at Boone Avenue
North will remain in full force and effect.
7. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
7.1. The State's Authorized Representative will be:
Name/Title: Maryanne Kelly-Sonnek,Cooperative Agreements Engineer(or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651)366-4634
E-Mail: maryanne.kellysonnek@state.mn.us
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MnDOT Contract No: 1030952
7.2. The City's Authorized Representative will be:
Name/Title: Jeff Oliver,City Engineer(or successor)
Address: 7800 Golden valley Road,Golden Valley MN 55427
Telephone: (763)593-8034
E-Mail: joliver@goldenvalleymn.gov
8. Assignment; Amendments; Waiver; Contract Complete
8.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement,executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement,or
their successors in office.
8.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision
or the party's right to subsequently enforce it.
8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City.No other understanding regarding this Agreement,whether written or oral, may be used to bind
either party.
9. Liability; Worker Compensation Claims;Insurance
9.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City.Notwithstanding the foregoing,the City will indemnify,hold
harmless,and defend(to the extent permitted by the Minnesota Attorney General)the State against any
claims,causes of actions,damages,costs(including reasonable attorneys fees),and expenses arising in
connection with the project covered by this Agreement, regardless of whether such claims are asserted by
the City's contractor(s)or consultant(s)or by a third party because of an act or omission by the City or its
contractor(s)or consultant(s).
9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
10. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
11. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5,the City's books, records,documents,and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement.
12. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter
13,as it applies to all data provided under this Agreement, and as it applies to all data created,collected,received,
stored, used,maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State.
-4-
MnDOT Contract No: 1030952
13. Governing Law;Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement,or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
14. Termination; Suspension
14.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
14.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at
a level sufficient to allow for the payment or the provision of the services covered here.Termination must
be by written or fax notice to the City.The State will not be assessed any penalty if this Agreement is
terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate
funds.
14.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement
and all work,activities, performance and payments authorized through this Agreement.
15. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in
performance), if such failure or delay is due to a force majeure event.A force majeure event is an event beyond a
party's reasonable control, including but not limited to,unusually severe weather,fire, floods, other acts of God,
labor disputes, acts of war or terrorism,or public health emergencies.
[The remainder of this page has been intentionally left blank]
-5-
MnDOT Contract No: 1030952
CITY OF GOLDEN VALLEY DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances. By:
(District Engineer)
By: Date:
Title: Approved:
Date: By:
(State Design Engineer)
By: Date:
Title:
Date: COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
-6-
Resolution 18-37 June 5, 2018
Member introduced the following resolution and moved its adoption:
RESOLUTION TO AUTHORIZE ENTERING IN A CONSTRUCTION AGREEMENT WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE INTERSECTION
OF GOLDEN VALLEY ROAD/DECATUR AVENUE NORTH AND TRUNK HIGHWAY 55
WHEREAS, the City of Golden Valley is a political subdivision, organized and
existing under the laws of the State of Minnesota.
IT IS RESOLVED that the City of Golden Valley enter into MnDOT Agreement No.
1030952 with the State of Minnesota, Department of Transportation for the following
purposes:
1. To provide permission by the State to the City to perform roadway improvements,
revise traffic signal system, and other associated construction on Trunk Highway No. 55 at
the intersection with Boone Avenue North and at the intersection with Golden Valley Road
respectively within the corporate City Limits under State Project No. 2723-142.
IT IS FURTHER RESOLVED THAT THE City Manager is authorized to execute the
Agreement and any amendments to the Agreement.
_____________________________
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.
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
3. H. Authorize Extension of Hours for Golden Valley Fire Relief Association Street Dance
Prepared By
John Crelly, Fire Chief
Dominique Guzman, President Fire Relief Association
Summary
The Golden Valley Fire Relief Association is requesting permission to extend the street dance
hours until midnight on Saturday, June 23, 2018. The street dance will be held at the Chester Bird
American Legion, 200 North Lilac Drive.
Recommended Action
Motion to approve the extension of hours for the Golden Valley Fire Relief Association Street
Dance to midnight on Saturday, June 23, 2018, at the Chester Bird American Legion, 200 North
Lilac Drive.
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
6. A. Consideration of Public Art Proposal
Prepared By
Lindsey Fuhrman, Graphic Designer/Web Specialist and City Representative to the Golden Valley
Arts Public Art Panel
Summary
On March 2, 2018, Golden Valley Arts received a proposal for installing a Peace Pole in Golden
Valley. The proposal, by Golden Valley resident Eve Clarkson, suggested placement in a public
location such as the City Hall campus or near Brookview Golden Valley. Clarkson also serves as a
teen representative on the City’s Human Rights Commission. The Public Art Panel approved the
submission and presents it to City Council for review (see Attachments).
Per the Public Art Policy, upon City Council approval, the selected art enters a 30-day public review
and comment period. Upon completion of positive public review, City staff will install the Peace Pole
in the approved location.
The Peace Pole is a simple pole with “May Peace Prevail on Earth” written on its sides in a number of
languages (eight languages spoken by Golden Valley residents, which could be determined in
consultation with Global Golden Valley). The pole could be white, brown, or custom, 6-8 feet tall,
and made of wood or vinyl. Suggested locations are somewhere on the City Hall campus or near
Brookview Golden Valley. City staff recommends installing the Peace Pole near the raised garden
between the water tower parking lot and the Winnetka Ave sidewalk.
Attachments
• Peace Pole Cover Letter (5 pages)
• Golden Valley Public Art Proposal Submission (5 pages)
• GVA Public Arts Panel Survey Results (12 pages)
• Peace Pole Location as Recommended By City Staff (2 pages)
• Peace Pole Visual Examples (1 page)
• Examples of Peace Poles Displayed Worldwide (1 page)
Recommended Action
Motion to approve that the recommended Peace Pole art submission enter a 30-day public review
and comment period to start after final concept is received, followed by installation.
Golden Valley, MN 55422
Dear Golden Valley Arts Commission members,
Hello, my name is Eve Clarkson, I live in Golden Valley, and I'm currently a sophomore at Hopkins High
School. I also serve as one of the teen representatives on the Golden Valley Human Rights Commission.
My goal is to get a Peace Pole displayed at City Hall or Brookview Community Center.
I plan to raise the funds needed by selling jars of "Peace Soup" that i assemble and sell to family, friends,
and community members (suggested donation $10/jar, photo enclosed).
I wish to see eight languages displayed on the Golden Valley Peace Pole. I am flexible about the design
of the pole and languages represented, but want the pole to be ordered from Peace Pole Makers USA
(www. eace oles.com).
Please contact me with any questions.
May Peace Prevail on Earth
Sincerely,
MR.- M�,, i oMID
Eve Clarkson
Golden VaRev Public Art Application
Donor: Eve Clarkson, Hopkins High School Sophomore & one of the teen representatives
on GV HRC
1. The appraised value of the Public Art. $335.00 plus any costs for installation. The art
will be donated by Eve Clarkson who will fundraise to pay for the purchase.
2. A description of materials used to create Public Art, including materials needed to
display/secure the Public Art. Installation per judgment of the City. The Peace Pole
at Meadowbrook Elementary was installed with a simple bucket of cement in an
exterior location.
3. The dimensions of the proposed Public Art, including appropriate base materials
needed at the public site. If installed outdoors, the Peace Pole would need to be
installed in a sturdy manner using concrete or other material as determined by the City.
The Pole can be 6-8 feet tall and the width varies by the number of languages on the
pole. If kept indoors, a stand can be purchased.
4. A description, including materials, dimensions, wording and location, of Interpretive
signage for the Public Art. The Peace Pole is a simple pole with "May Peace Prevail
on Earth" written on a side in a number of languages (4-12 languages representing the
languages spoken by Golden Valley residents; could be determined in consultation with
Global Golden Valley). They can be white, brown or custom; 6-8 feet tall; made of
wood or vinyl. Location TSD, but City Hall or Brookview suggested. More than 100
languages available.
5. A statement regarding the relationship of the proposed Public Art to the proposed
site including aesthetic, cultural, or historic ties. Peace Poles in a public location
such as on the City Hall campus or by Brookview Community Center would add a
welcoming, global element to a public space.
6. Statement of probable lifespan of the Public Art and annual maintenance needed to
maintain Public Art integrity. Peace Poles can be either wood or vinyl and the
lifespan of the pole would depend on the material and an interior or exterior location.
7. A statement as to whether the Public Art is unique or duplicates other work by the
same artist. Peace poles are not unique and have been installed around the world. A
similar one is at the East entrance to Meadowbrook Elementary in Golden Valley.
The Peace Pole Project
Tine Peace Pole Project is an offraial project of The World Peace Prayer Society (WP PS) headquartered at The World Peace Sanctuary in WassaiC. NY.
WPPS is a non profit, member supported, non-sectarian organization with NGO status at the United Nations. The sole mission of WPPS is to unite
people across the world through the universal peace message. -May Peace Prevail on Earth.'
History of the Peace POIe Project
The Peace Pole Project was started in Japan by Masahisa Goi (1816 - 1980), who dedicated his life to spreading the message. 'May Peace Prevail on
Earth'. Mr. Goi was greatly affected by the destruction caused by World War II and the atomic bombs which fell on the city of Hiroshima and Nagasaki.
His desire to assist in the creation of world peace was answered when in 1955, the Peace Message, May Peace Prevail On Earth. came to him in a
moment of great inspiration and deep prayer.
After Mr. Goi authored the Unrversal Peace Message in 1955. a great number of people gathered in support of his vision and activities to spread the
Peace Message were promoted throughout Japan. Soon after, Peace Poles inscribed with the Peace Message began to appear in various locations
across Japan initiating the start Of The Peace Pole Project.
The Peace Pole Project was first introduced to the United States with the apening of The World Peace Prayer Society offices in San Francisco and New
York in 1986. The International Year of Peace.
Peace Poles are now the most recognized international peace symbol and monument the world over with more than 200,000 Peace Poles standing in
aimost every country throughout the world.
The Peace Pole Makers, USA
Owners of the original Peace Poie Makers USA were Carol & Joseph Spauiding from East Jordan. Michigan. They began to craft Peace Pdes fpr the
Peace Pole Project in 1985. In 2901, the business was sold to current owner, Dave Moffat whose Peace Pole Making facilities are currently located in
Maple City, MI.
Peace Pole Data
Peace Poles Around the World: Over 200.400
Countries With Peace Po{e5: Over 190
Extraordinary Locations,.
Magnetic North Pole, Canada
Pyramids of El Giza, Egypt
Findhorn Foundation, Scotland
Jordan River, Israel
The Hague, Netherlands
Baghdad. Iraq
confucious Burial Site, Taiwan
Gorky Park, Russia
Robben Island, South Africa
Atomic Bomb Dome, Hiroshima
2002 Winter Olympics - Utah. US
8 Foot 4 Sided Peace Pole with 8 Languages — Peace Poles
8 Foot 4 Sided Peace Pole with 8 Languages
$335.430
The Ciassic 4 -Sided Western Red Cedar Peace Pale.
Our Most Popular Peace Pole.
Note Image depicts pole with 4 languages. this product comes with 8
languages.
See below for Language and Finish Options
Language Key:
(+)- Special Languages - add $28-00 Each
[•} - Native American
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Peace Pole Finishes
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Golden Valley Public Art Proposal
Thank you for investing your time in considering a Public Art Proposal for the City of Golden Valley and Golden Valley
Arts.
Please use this form to make a submission for Public Art in the city. This proposal aligns with the City of Golden
Valley's Public Art policy, and is operated Golden Valley Arts and the Golden Valley Community Foundation. Please
use this form to submit a single entry. Multiple submissions are accepted, but should be done individually.
REQUIRED: Please read ALL of the questions before beginning your submission. It will save you time and also help
you organize your proposal information into speci c responses.
Getting Started
Please provide some basic information about the artist to begin. Later, you'll be asked to provide
information about the art, including a URL/link where a rendering image can be retrieved for review
purposes. You may also email the le to GVA@GVCFoundation.org if a URL isn't available. Dropbox and
Google Drive are great ways to share large les.
First Name *
Eve
Last Name *
Clarkson
Your Submission
Now tell us a bit more about the artist, the submission and any background you would want us to know for
the museum label. If the art was hanging in a museum, what words would you want hanging on the wall
with it?
Golden Valley Peace Pole
The Peace Pole is a simple pole with "May Peace Prevail on Earth" written on a side in a
number of languages. More than 100 languages are available. I would like the pole to
showcase eight different languages. The pole can be white, brown, or custom: 6-8 feet tall;
made of wood or vinyl.
Home or Business Address *
GV 55422
Artist Website
www.peacepoles.com
Submission Title *
What is your submission's media? *
MM
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DD
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YYYY
Peace Poles are not unique and have been installed around the world. There are more than
200,000 Peace Poles around the world. A similar one is in front of the Ridgedale YMCA, and
one is also located at the East entrance of Meadowbrook Elementary School in GV.
Extraordinary Locations: Magnetic Nor th Pole, Canada; Pyramids of El Giza, Egypt; Findhorn
Foundation, Scotland; Jordan River, Israel; The Hague, Netherlands; Baghdad, Iraq; Confucious
Burial Site, Taiwan; Gorky Park, Russia; Robben Island, South Africa; Atomic Bomb Dome,
Hiroshima. The Golden Valley Peace Pole would be in VERY good company!
Brookview or City Hall
Peace Poles are now the most recognized international peace symbol. To me it represents a
beautiful symbol of inclusion. It is another way to positively show that Golden Valley is a
welcoming and inclusive community.
I'm one of the teen representatives on the GV HRC. A couple of months ago we were talking
about ways to be more inclusive and welcoming. I'd like the GV Peace Pole to spotlight the
eight languages that best represents our community.
When was the submission nished? (optional)
08 01 2018
How is this work connected to Golden Valley? *
What location are you proposing for the installation of this work? *
If this is an existing work, Please describe the artistic context, vision, or
purpose for this work. Why should it be installed in Golden Valley?
If this is a proposal for a new work, please describe the concept of this
work and why it should be considered for placement in the City? *
VERY positive! I think members of Global Golden Valley and the GV HRC would be especially
suppor tive of my efforts.
$335.00 for pole www.peacepoles.com/product/4-sided-peace-pole-with-8-languages/
If installed outdoors, the Peace Pole would need to be installed in a sturdy manner using
concrete or other material as determined by the City. If kept indoors, a stand can be
purchased.
VERY minimal maintenance - see website www.peacepoles.com
I plan to raise up to $400 to make this happen.
What input or feedback have you received so far from Golden Valley
residents and leaders? How have you incorporated this input into your
proposal? *
What is the estimated budget or cost for the work itself? *
What is the estimated budget for installation? *
If this is an outdoor installation, what level of maintenance will be needed, if
any. What is the estimated budget for maintenance? *
What funding sources are available to complete the work, its installation
and its maintenance? Please describe the current status of your funding
requests and expenses. *
I do not believe any more additional funds will be needed. If so, I was told that micro grants
may be available through the City.
The Peace Pole Makers, USA
Owners of the original Peace Pole Makers USA were Carol & Joseph Spaulding from East
Jordan, Michigan. They began to craft Peace Poles for the Peace Pole Project in 1985. In 2001,
the business was sold to current owner, Dave Moffat whose Peace Pole Making facilities are
currently located in Maple City, MI.
www.peacepoles.com
This form was created inside of Golden Valley Community Foundation.
Will this proposal be fully funded, or are additional funding sources needed.
If so, please describe the funding needed. *
Please describe the artist's background.
URL link where a high-resolution digital rendering of the submission can be
downloaded for initial review. (or email to GVA@GVCFoundation.org) *
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This Peace Pole will be ordered through PeacePoles.com after fundraising is complete. It will be
four-sided and have eight languages on it. These are a few options of what it could look like.
These are examples of Peace Poles displayed in various places around the world.
The Golden Valley Peace Pole will look dierent than these examples.
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2018
Agenda Item
6. B. City Attorney
1. Consideration of Appointment of City Attorney
2. Consideration of Amendment to the General Fund Budge
3. First Consideration of Ordinance amending the 2018 Fee Schedule
Prepared By
Tim Cruikshank, City Manager
Summary
For many years, the City of Golden Valley has contracted with an outside law firm to provide civil
legal services. The City is currently receiving these services from Best and Flanagan. The Agreement
is attached.
Due to an upcoming change in attorneys, an opportunity to discuss how and from who the City
receives these services is presented. There are several options to consider.
1 - The City could stay with our current legal service provider and be assigned a new attorney from
their offices,
2 - The City could go through an RFP process to determine if there is an advantage for the City to
change law firms,
3 - The City could hire an in-house, staff attorney.
There are pros and cons to each. Staff is asking City Council to discuss these options (and others if
desired) and direct staff how to proceed.
In the event the Council decides to hire an in house attorney, all of the necessary action items are
included on the regular Council agenda. Actions that would need to be taken would be to appoint a
city attorney, amend the budget, and amend the fee schedule to allow for collection of fees for
legal review of documents such as new liquor license applications, development documents and TIF
applications.
Attachments:
• Agreements (9 pages)
• Resolution Appointing the City Attorney (2 page)
• Resolution amending the 2018 Budget of the General Fund (2 page)
• Ordinance #639 amending the 2018 Master Fee Schedule for Legal Review (1 page)
Recommended Action
Motion to adopt Resolution appointing the City Attorney.
Motion to adopt Resolution amending the 2018 Budget of the General Fund.
Motion to adopt first consideration of Ordinance 639, amending the 2018 Master Fee Schedule for
Legal Review.
Tom Garry BEST&FLANAGAN LLP
Attorney DIRECT 612.341.9717 60 South Sixth Street,Suite 2700 Minneapolis,Minnesota 55402
tgarry@bestlaw.com TEL 612.339.7121 FAX 612.339.5897 RESTLAWCOM
BEST & FLANAGAN
March 22, 2017
VIA EMAIL ONLY
(TCruikshank@goldenvalleymn,gov)
Tim Cruikshank, City Manager
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Amendment to Legal Services Agreement between
the City of Golden Valley and Best & Flanagan LLP
Dear Tim:
As we have discussed, I am sending you this letter to serve as an amendment of the
Legal Services Agreement between the City and Best & Flanagan LLP.
The Legal Services Agreement between the City and Best & Flanagan LLP, entered
into on September 8, 2010, amended by letter agreements dated August 13, 2015 and July 8,
2016, respectively ("Agreement"), is hereby further amended as follows:
1. The term of the Agreement is extended through December 31, 2018.
2. Section III. "Compensation and Expense Reimbursement" is amended by
reducing the hourly rate for partner attorneys to $175 per hour, effective as of
March 22, 2017. The hourly rate for associate attorneys remains $145 per
hour and for paralegals remains $120 per hour. The "pass through" work rate
also remains $350 per hour. These rates will remain in effect through
December 31, 2018.
All other terms of the Agreement remain the same and are ratified by the City
and Best & Flanagan LLP.
LEGAL SERVICES AGREEMENT
BETWEEN
THE CITY OF GOLDEN VALLEY
AND
BEST&FLANAGAN, LLP
THIS LEGAL SERVICES AGREEMENT(the"Agreement") is entered into this
8th day of September, 2010 by the City of Golden Valley(the "City") and the Best&
Flanagan LLP (the"Firm/.
WHEREAS the City seeks legal advice and services related to municipal matters;
and
WHEREAS after careful review and consideration the City Council has chosen to
reappoint the firm of Best& Flanagan LLP to provide this service.
NOW,THEREFORE, the parties mutually agree as follows:
1. TIME OF PERFORMANCE
This Agreement shall be in effect for a period of five years from January 1, 2011
through December 31, 2015; however,the City may terminate it at the end of
three years upon giving the Firm 60 days written notice.
11. SCOPE OF SERVICE
The Firm will perform and provide legal services for the City including, but not 1
limited to,the following matters: f
1. Attendance at all City Council meetings and other City boards, commissions, j
or committee meetings, as requested by the City Council or City Manager.
2. Draft ordinances, resolutions, developer agreements, and correspondence as
requested,including assistance In the maintenance of the master City Code
book.
3. Review Council and Planning Commission agenda items and minutes as
requested.
4. Participate in meetings and/or telephone conversations with and advise the
Mayor, Council members, City Manager, and other staff on general legal matters.
5. Prepare and review municipal contracts, Including contracts for public
Improvements,development agreements,joint powers agreements, construction,
purchase of equipment, and similar contracts.
6. Represent the City in the acquisition of properties for public improvements,
special assessment appeals, easements, parks and the like.
7. Represent the City In condemnation proceedings for public improvement
projects, etc.
8, Represent City in matters related to the enforcement of City building,
subdivision, and zoning codes.
9. As directed, represent the City in employment related issues, administrative
hearings, and in litigation involving the same.
10. Research and submit legal opinions on municipal or other legal matters
requested by the City Manager and be available to answer staff questions by
telephone.
11. Participate in meetings or discussions with the City Manager and staff, as
needed,to review Council agenda items or the status or legal matters before the
City. Provide a written status report on current litigation and unresolved matters
as requested.
12. Provide legal briefings, as requested,to the City staff and Council regarding
new or proposed legislation affecting municipal operations and activities.
13. Provide, as requested, written updates and/or training on new State or
Federal legislation or judicial holding impacting upon the City, and suggest action
or changes In operations or procedures to assure compliance.
14. Defend the City in all fitigatlon, except in those cases where insurance
companies are required to exclusively provide defense, or where the City
chooses to hire specialized or other legal services. This includes, but is not
limited to: (1) human rights claims, (2)condemnation, (3)zoning and land use
regulation matters, (4) permits and administrative actions, and (5) labor and
employment matters.
15. Work cooperatively with insurance companies on litigation cases, as needed.
16. Review bonds, deeds, securities, and insurance requirements required by or
for City contracts or activities.
17. Review documents submitted by bond counsel involving the issuance of debt
or debt related instruments and provide options as requested/required.
III. COMPENSATION AND EXPENSE REIMBURSEMENT
The Firm will be compensated under this Agreement at an hourly rate of$155.00
for partners, $115.00 for associates and $90.00 for paralegals from January 1,
2011 through December 31, 2011 for all work except developer "pass-through"
work. Passthrough work shall be billed at the Finn's established low rates for
attorneys and paralegals. In each of the following calendar years of this
Agreement the hourly rates for partners, associates and paralegals will be
Increased an additional $5.00 for each such calendar year.
Attendance at City Council meetings shall be provided at the hourly rates to a
maximum of 2.75 hours per meeting.
Compensation and reimbursable expenses shall be paid monthly upon
submission of itemized Invoices to the City Manager. The City agrees to pay for
reimbursable expenses only if they are reasonably and necessarily Incurred.Any
expenses that are anticipated to be of a substantial cost and any reimbursement
for travel outside of the Minneapolis-St. Paul metropolitan area must be approved
In advance by the City Manager.
The Firm shall monitor all expenditures incurred and shall promptly notify the City
Manager In writing of any unanticipated level of work activity that greatly exceeds
the average monthly work level.
IV. CONFLICT OF INTEREST
During the term of this Agreement, the Firm agrees to divulge to the City all
actual or potential conflicts of interest within the meaning of the City's Code of
Ordinances and Minnesota Rules of Professional Conduct. During the term of
this Agreement, without the express written agreement of the City Manager, the
Firm shall not represent any current or future clients in any matter if such
representation is or may be adverse to the city. The Firm will immediately
divulge to the City Manager any actual or potential conflict of interest of which it
becomes aware during the term of this Agreement.
The Firm certifies that to the best of its knowledge no City employee has any
interest in the business of the Firm or with this Agreement and no person
associated with the Firm has any interest that would conflict in any manner with
the Firm's performance of this Agreement.
V. COMPLIANCE REQUIREMENTS &NON-DISCRIMINATION
During the term of this Agreement, the Firm will not discriminate against any of Its
employees or applicants for employment because of race, color, creed, religion,
ancestry, sex, national origin, affectional preference, disability, age,marital
status,status with regard to public assistance, or status as a veteran. Such
prohibition against discrimination shall include, but is not limited to, decisions and
actions of the Firm regarding hiring, promotion, demotion, transfer, recruitment,
layoff, termination, rates of pay or other forms of compensation, or selection for
training.
During the term of this Agreement, the Firm agrees to post in conspicuous
places, available to its employees and applicants for employment, notices to be
provided by the City, setting forth the above-stated non-discrimination clause. In
addition, in all solicitations or advertisements for applicants,the Flim will state
that all qualified applicants will receive consideration without regard to race,
color, creed, religion, ancestry, sex, national origin, affectional preference,
disability, age, marital status, status with regard to public assistance, or status as
a veteran. During the berm of this Agreement,the Firm agrees to comply in all
other aspects with the requirements of the Americans with Disabilities Act, the
Minnesota Human Rights Act,Title VII, and Golden Valley Code of Ordinances,
Section 2.53.
In the event of questions from the Firm concerning these requirements, the City
agrees to promptly supply all necessary clarifications. In the event of the Firm's
non-compliance with the non-discrimination clauses of this Agreement, the
Agreement may be partially or totally terminated or suspended. In addition to
other remedies provided by law, the Firm may be declared ineligible by the
Golden Valley City Council from any further participation in City contracts.
VI. INSURANCE
The Firm shall secure and maintain sufficient insurance to the Firm against
claims for legal malpractice.
VII. PERFORMANCE MONITORING
The City Manager will monitor the performance of the Firm against goals and
performance standards required herein. The City Manager will prepare a yearly
report for the City Council regarding the performance of the Firm. Substandard
performance as determined by the City Council will constitute non-complianoe i
and shall require corrective action. If action to correct such substandard
performance is not taken by the Firm within a reasonable period of time after
being notified by the City Council, the City may terminate this Agreement.
VIII. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employerlemployee
between the Parties. The Firm agrees that it Is an independent contractor with
respect to the services to be performed under this Agreement. Because the Firm
Is an independent contractor, the City shall be exempt from payment of all
Reemployment Compensation, FICA, retirement, life, and/or medical insurance,
Workers' Compensation insurance, or other benefits normally offered to
employees of the City. The Firm agrees that none of Its employees will accrue
any employment rights normally accrued by City employees, Including tenure,
seniority, or civil service protection.
IX. HOLD HARMLESS
The Firm agrees to defend, indemnify, and hold harmless the City, its officers
and employees, from any liabilities, claims, damages, costs,judgments, and
expenses, including attorney's fees, resulting directly or indirectly from an act or
omission of the Firm, its agents, employees or subcontractors, in the
performance of the services described in this Agreement.
X. TERMINATION
Either party may terminate this Agreement at any time by giving written notice to
the other party of such termination. Such notice shall specify the effective date of
the termination. In no event shall the effective date be less than 120 days from
the date of the written notice. The parties agree that termination by the Firm also
is subject to the Firm's obligations to the City as a client under the Minnesota
Rules of Professional Conduct. If this Agreement is terminated, all documents,
data, studies, surveys, maps, models, photographs, reports or other materials
prepared by the Firm under this Agreement shall become the property of the City.
The Firm shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the effective
date of the termination.
XI. CONFIDENTIALITY
Any information, data, reports, records, or other materials given to or prepared or
assembled by the Firm under this Agreement shall be kept confidential and the
Firm shall not make any of this material available to any individual or organization
without prior approval of the City.
Xli. AUDIT DISCLOSURE
The Firm shall allow the City or its duly authorized agents reasonable access to
the Finn's books and records as are pertinent to all services provided under this
Agreement. The Firm shall provide the City access to any books, documents,
papers and records which are directly pertinent to the specific contract for the
purpose of making audit, examination, excerpts, and transcriptions for three
years after final payment and all other pending matters related to this Agreement
are closed.
Xltl. AMENDMENTS
The City may enter into written amendments to this Agreement when the City
Manager or Council determines such amendments are necessary to meet the
City's legal services needs.
THE PARTIES NOW EXECUTE this Legal Services Agreement as of the date first
written above.
CITY OF GOLDEN VALLEY
By:
Thomas D. Burt, ity anager
BEST& F A N LLP
By: ^.�
Allen D. Barnard
Tom Garry BEST'SrLWAGM UP
Atlomey s #w41.97fl
�rrYbtl++v,ccm 60 South 9K[h Street,Sults 2700 Minneapolis,Mlnnesou 55402
,wm
TEL 612.339.7121 FAX 612.334.5897 uEsruw.coni
BEST & FLANAGAN
July 8,2016
VIA EMAIL ONLY
(JNally@goldexivaNeymn.gov)
Tim Cruikshank, City Manager
City of Golden Valley
7$00 Golden Valley Rd
Golden Valley, MN SS427
Re: Amendment to Legal Services Agreement between
the City of Golden Valley and Best& Flanagan LLP
Dear Tim:
As we have discussed,I am sending you this letter to serve as an amendment of the
Legal Services Agreement between the City and Best& Flanagan LLP.
The Legal Services Agreement between the City and Best& Flanagan LLP,entered
into on September 8,2010, amended by letter agreement dated August 13,2015,is hereby
further amended in the following particulars:
1. The term of the Agreement is extended for an additional year from January 1,
2017 through December 31,2017 ("Additional Year'").
2. Section 1II. "Compensation and Expense Reimbursement" is amended by
changing for the Additional Year the hourly rate for partners to $185 per hour,
for associates to $145 per hour and for paralegals to $120 per hour. The "pass
through" work remains at the rate of$3S0 per hour.
All other terms of the Agreement remain the same and are ratified by the City
and Best& Flanagan LLP.
Tom Garry aEsr&IIANAGAN LLP
Attorney DIRECT 612-141.9717 60 South Sixth Street,Suite 2700 Minneapolis,Minnesota 554U2
tgarry@bxutlaw.com ITL 612.339,7121 fAX 613..339.5"+17 IFSTLAWCOM
BEST & FLANAGAN
March 22, 2017
VIA EMAIL ONLY
(TCjruikshankCcDgoidenvalleymn.gov)
Tim Cruikshank, City Manager
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Amendment to Legal Services Agreement between
the City of Golden Valley and Best & Flanagan LLP
Dear Tim:
As we have discussed, 1 am sending you this letter to serve as an amendment of the
Legal Services Agreement between the City and Best &Flanagan 11-P.
The Legal Services Agreement between the City and Best &Flanagan LLP, entered
into on September 8, 2010, amended by letter agreements dated August 13, 2015 and July 8,
2016, respectively ("Agreement"), is hereby further amended as follows:
1. The term of the Agreement is extended through December 31, 2018.
2. Section III. "Compensation and Expense Reimbursement" is amended by
reducing the hourly rate for partner attorneys to $175 per hour, effective as of
March 22, 2017. The hourly rate for associate attorneys remains $145 per
hour and for paralegals remains $120 per hour. The "pass through" work rate
also remains WO per hour. These rates will remain in effect through
December 31, 2018.
All other terms of the Agreement remain the same and are ratified by the City
and Best&Flanagan UP
Resolution 18-38 June 5, 2018
Member introduced the following resolution and moved its adoption:
RESOLUTION APPOINTING CITY ATTORNEY
WHEREAS, the City of Golden Valley, Minnesota (the “City”) is a statutory Plan B
City organized pursuant to Minnesota Statutes Chapter 412.681; and
WHEREAS, the Appointing Authority of City Attorney is the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that the City Council appoints Maria Cisneros as sole City Attorney, effective July
16, 2018.
_____________________________
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: none
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
2017 Minnesota Statutes Authenticate
412.651 CITY MANAGER; POWERS AND DUTIES.
Subdivision 1. Generally. The city manager shall have the powers and duties set
forth in the following subdivisions.
Subd.2. Enforcement. The city manager shall see that statutes relating to the city
and the laws,ordinances and resolutions of the city are enforced.
Subd.3. Appointment of personnel. The city manager shall appoint upon the basis
of merit and fitness and subject to any applicable civil service provisions and,except as
herein provided,remove the clerk,all heads of departments,and all subordinate officers
and employees;but the appointment and removal of the attorney shall be subject to the
approval of the council.
Subd.4. Control. The city manager shall exercise control over all departments and
divisions of the administration created under Optional Plan B or which may be created by
the council.
Subd.5. Council meetings. The city manager shall attend all meetings of the
council with the right to take part in the discussions but not to vote;but the council may in
its discretion exclude the city manager from any meetings at which the manager's removal
is considered.
Subd.6. Recommend ordinances and resolutions. "The city manager shall
recommend to the council for adoption such measures as the city manager may deem
necessary for the welfare of the people and the efficient administration of the affairs of the
city.
Subd.7. Advise;annual budget. The city manager shall keep the council fully
advised as to the financial condition and needs of the city and the city manager shall
prepare and submit to the council the annual budget.
Subd.8. Administrative code. The city manager shall,when directed to do so by
the council,prepare and submit to the council for adoption an administrative code
incorporating the details of administrative procedure,and from time to time the city
manager shall suggest amendments to such code.
Subd.9. Additional duties. The city manager shall perform such other duties as
may be prescribed by the statutes relating to Optional Plan B cities or required by
ordinance or resolutions adopted by the council.
History: 1949 c 119 s 81; 1973 c 123 art 2 s 1 si bd 2; 1986 c 444
Copyright @2017 by the Revisor of Statutes, State of Minnesota. All rights reserved.
Resolution 18-39 June 5, 2018
Member introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 2018 BUDGET OF THE GENERAL FUND
WHEREAS, in 2017, Resolution 17-77 approved the 2018 General Fund Budget,
was amended with Resolution 18-24; and
WHEREAS, a new position of City Attorney was created to replace the outside
contractual legal firm starting July 16 with the specific pay range below; and
WHEREAS, this amendment allocates 2018 general fund expenditures to legal
services from fund balance.
BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby
adopts the following amendment to Resolution 18-24, modifying the general wages and
salaries for the new personnel named herein effective July 16, 2018.
MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $ 121,801 $127,601 $ 133,401 $ 139,201 $ 145,001
DIVISION
006 Legal Services $51,555
_____________________________
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.
DIVISION: Legal (006)
2019
2017 2018 2018 2018 2019 AMENDED
OBJECT DESCRIPTION ACTUAL ADOPTED THRU 4-18 ESTIMATED CONCEPT CONCEPT
Personal Services
6110 Salaries-Regular Employees $0 $0 $0 $60,910 $0 $128,445
6150 Employee Insurance - - - 11,410 - 23,055
6160 Retirement - - 10,325 - 21,770
TOTAL Personal Services 0 0 0 82,645 0 173,270
Supplies and Services
6320 Operating Supplies - - -
6340 Professional Services 206,807 158,100 85,909 125,910 175,000 10,000
6344 Use of Personal Auto - - - 100 - 100
6411 Conferences and Schools - - - 1,000 - 1,000
TOTAL Supplies and Services 206,807 158,100 85,909 127,010 175,000 11,100
TOTALS $206,807 $158,100 $85,909 $209,655 $175,000 $184,370
CITY OF GOLDEN VALLEY
ORDINANCE NO. 639, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending 2018 Master Fee Schedule for
Legal Review Fees
The City Council for the City of Golden Valley hereby ordains:
Section 1. The 2018 Master Fee Schedule in Chapter 25 of the City Code is hereby
amended by adding the following new Legal Review Fee:
Legal Review $100 per hour
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its
entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 5th day of June, 2018.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk