03-17-20 City Council Agenda
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley has
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration,
all meetings of the City Council will be conducted by telephone or other electronic means beginning on
March 16, 2020.
The City will use WebEx to conduct all electronic meetings. Members of the public may monitor meetings
by watching on Comcast cable channel 16 or by streaming on CCXmedia.org. The public may participate in
this meeting during public comment sections, including the public forum that begins at 6:20, by calling +1-
415-655-0001 and entering the meeting code 805 422 661. Members of the public wishing to address the
Council during an electronic meeting are encouraged to call or email the City Clerk before the meeting to
sign up to speak. Additional instructions for participating in electronic meetings are available on the City’s
website.
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
C. Declaration of Local Emergency in Response to COVID-19 Pandemic 3-8
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 – March 4, 2020 9-12
B. Approval of City Check Register 13
C. Licenses:
1. Approve Renewal of Solid Waste and Recycling Collection Licenses 14-18
2. Approve Renewal of Amusement Devices License 19
3. Approve Renewal of Gas Station Dispensers Licenses 20-21
4. Gambling License Exemption and Waiver of Notice Requirement – School of
Engineering & Arts PTA
22-24
5. Gambling License Exemption and Waiver of Notice Requirement – The Arthritis
Foundation, Inc.
25-27
6. Approve Temporary On-Sale Liquor License – Born Passion 28
D. Minutes of Boards and Commissions:
1. Planning Commission – February 24, 2020 29-35
March 17, 2020 – 6:30 pm
City of Golden Valley City Council Regular Meeting
March 17, 2020 – 6:30 pm
2
3. Consent Agenda - continued
E. Approval of Bids, Quotes and Contracts:
1. Authorize Agreement for 2020 Pond Maintenance Project 36-57
2. Approve Purchase of City Vehicles 58-64
3. Approve Design Services for Douglas Drive/Trunk Highway 55 Pedestrian Underpass
and Roundabout Project
65-82
F. Acceptance of Grants and Donations:
1. Approve Grant Agreement with the Minnesota Department of Natural Resources for
Pennsylvania Woods Habitat Restoration
83-104
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. First Consideration - Ordinance 679 - Census Enumerator Access to Multi-family
Buildings
105-108
B. Review of Council Calendar
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
1. C. Declaration of Local Emergency in Response to COVID-19 Pandemic
Prepared By
Tim Cruikshank, City Manager
Summary
The Council will consider a resolution recognizing and continuing a local emergency declared by Mayor
Harris on March 16, 2020 in response to the COVID-19 pandemic.
Financial Or Budget Consideration
Not applicable
Recommended Action
MOTION to adopt Resolution Recognizing and Continuing Local Emergency in Response to COVID-19
Pandemic.
Supporting Documents
• City of Golden Valley Proclamation Declaring a Local Emergency (3 pages)
• Resolution Recognizing and Continuing Local Emergency in Response to COVID-19 Pandemic (2
pages)
CITY OF GOLDEN VALLEY PROCLAMATION
DECLARING A LOCAL EMERGENCY
WHEREAS, the virus named “SARS-CoV-2,” is a new strain of coronavirus that has not
previously been identified in humans and can easily spread from person to person and which
causes a disease named “coronavirus disease 2019,” commonly known as “COVID-19,” which
is a respiratory disease that can result in serious injury or death; and
WHEREAS, on January 21, 2020 the first case of COVID-19 was detected in the United
States; on March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota;
and as of March 16, 2020, there are thirty-five known cases of COVID-19 in Minnesota,
including cases in Hennepin County; and
WHEREAS, on January 31, 2020, the United States Department of Health and Human
Services Secretary Alex Azar declared a public health emergency for COVID-19, to begin
retroactively on January 27, 2020; on March 11, 2020, the World Health Organization declared
COVID-19 a world-wide pandemic; on March 13, 2020, President Donald Trump declared that
the COVID-19 outbreak in the United States constitutes a National Emergency; and on March
13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize and all
necessary resources to be used in support of the COVID-19 response; and
WHEREAS, the World Health Organization and the United States Centers for Disease
Control have provided guidance for individuals, healthcare professionals, and businesses to
slow the spread of COVID-19, which include cancelling or postponing in-person events that
involve more than fifty people for eight weeks; and
WHEREAS, the City of Golden Valley’s Emergency Management Team has been
preparing for weeks, working diligently with local, state, and federal partners to maintain
situational awareness and respond to COVID-19; and
WHEREAS, additional local cases will trigger a more aggressive public health response
and are predicted to impact residents of Golden Valley and those who work in or travel through
the City, including City employees; and
WHEREAS, the need for social distancing, school closings, and quarantine methods to
stop the spread of COVID-19 is expected to cause significant challenges; and
WHEREAS, the City Manager and Emergency Management Director find that this
situation threatens the health, safety, and welfare of the members of the Golden Valley
community and will cause a significant impact on the ability of public safety personnel to
address any immediate dangers to the public as a result of COVID-19; and
WHEREAS, the City Manager and Emergency Management Director find that traditional
sources of financial aid, assistance and relief will not be able to compensate for the potential
impact of COVID-19, and have determined that the necessary resources to respond to and
recover from this pandemic will exceed those resources available within the City of Golden
Valley, and additional resources will be needed from Hennepin County and state and federal
sources; and
-2- March 16, 2020
WHEREAS, Minnesota Statutes, section 12.29 authorizes the Mayor to declare the
existence of a local emergency, invoke necessary portions of the City’s Emergency Operations
Plans and authorize aid and services in accordance with interjurisdictional agreements, such
as mutual aid agreements; and
WHEREAS, under Minnesota Statutes, section 12.37 this emergency declaration
authorizes the City to enter into contracts and perform other duties without following many of
the time-consuming legal procedures normally required, including:
• Arranging for the performance of public work
• Contracting
• Incurring obligations
• Employing temporary workers
• Renting equipment
• Purchasing supplies and materials
• Complying with limitations on tax levies
• Appropriating and expending public funds, including publication of ordinances and
resolutions, advertisement for bids, provisions of civil service laws and rules,
competitive bidding, and budget requirements
NOW , THEREFORE, MAYOR SHEPARD HARRIS OF THE CITY OF GOLDEN
VALLEY PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS:
1. Under the authority given by Minnesota Statutes, Section 12.29, declares that a local
emergency exists within the City of Golden Valley, effective March 16, 2020, with all the
powers and responsibilities attending thereto as provided by Minnesota Statutes,
chapter 12.
2. Directs City Staff to review ordinance and regulatory requirements, operations, civil and
legal proceedings, events, and resources to determine whether the foregoing should be
adjusted or suspended, and to make recommendations regarding additional emergency
regulations to support the employees and residents of the City of Golden Valley.
3. Directs all City departments and offices to operate and support the response to this
incident, under the direction and coordination of the City Manager, the Emergency
Management Director and Emergency Management Team, including implementing new
employee protocols, strategies, and processes to ensure that public services are
maintained and City staff remain safe.
4. Directs the City’s Emergency Management Director and other appropriate City staff to
request and coordinate appropriate aid and resources from surrounding jurisdictions,
Hennepin County, the State of Minnesota, and the Federal government, as needed.
5. Declares, under Minnesota Statues, Section 13D.021, that in-person meetings of the
City Council, Planning Commission, and other advisory commissions of the City of
Golden Valley are not practical or prudent due to the COVID-19 health pandemic and
the peacetime emergency declared by Governor Walz pursuant to Minnesota Statutes,
chapter 12, and hereby directs that:
-3- March 16, 2020
a. meetings of the City Council, Planning Commission, and other advisory
commissions of the City shall be conducted by telephone or other electronic
means; and
b. attendance by Councilmembers, Commissioners, City staff and members of the
public at the regular meeting location is unfeasible; and
c. City Staff shall take such action as may be necessary to enable such meetings to
occur via telephone or other electronic means pursuant to Minnesota Statutes,
section 13D.021, until such time as it is no longer impractical or imprudent for the
City Council, Planning Commission, and other advisory commission to resume
in-person meetings.
6. This emergency declaration shall continue for a period of three (3) days from its
effective date of March 16, 2020, unless further extended by or with the consent of the
City Council pursuant to Minnesota Statutes, Section 12.29, subd. 1.
7. Orders that this declaration be given prompt and general publicity and that it be filed
promptly by the City Clerk.
Adopted by the Mayor of the City of Golden Valley, Minnesota this 16th day of March, 2020.
_____________________________
Shepard M. Harris, Mayor
RESOLUTION NO. 20-21
CITY OF GOLDEN VALLEY RESOLUTION
RECOGNIZING AND CONTINUING LOCAL
EMERGENCY IN RESPONSE TO COVID-19 PANDEMIC
WHEREAS, on March 16, 2020, the Mayor of the City of Golden Valley declared that
the world health pandemic caused by the novel coronavirus and resulting COVID-19
disease threatens the health, safety, and welfare of the members of the Golden Valley
community, will impact City operations, and will cause a significant impact on the ability of
public safety personnel to address any immediate dangers to the public; and
WHEREAS, the Mayor has declared that the situation is a local emergency; and
WHEREAS, the City Council agrees with and incorporates herein the Mayor’s
findings and further finds that the situation will last for more than three days; and
WHEREAS, the City Council finds that immediate action to respond to the situation
is needed in order to protect the health, safety, and welfare of the community.
NOW THEREFORE, CITY COUNCIL OF THE CITY OF GOLDEN VALLEY
HEREBY RESOLVES, DECLARES, INVOKES AND DIRECTS AS FOLLOWS:
1. Declares that the local emergency is recognized as continuing until terminated by
Resolution of the City Council.
2. Invokes the City’s disaster plan and directs the City Manager and Emergency
Management Director to implement the portions of the disaster plan that are necessary
for response to and recovery from the emergency.
3. Directs City staff to review ordinance and regulatory requirements, operations, civil and
legal proceedings, events, and resources to determine whether the foregoing should be
adjusted or suspended, and to make recommendations regarding additional emergency
regulations to support the employees and residents of the City of Golden Valley.
4. Directs all City departments and offices to operate and support the response to this
emergency, under the direction and coordination of the City Manager, the Emergency
Management Director and Emergency Management Team, including implementing new
employee protocols, strategies, and processes to ensure that public services are
maintained and City staff remain safe.
5. Directs the City’s Emergency Management Director and other appropriate City staff to
request and coordinate appropriate aid and resources from surrounding jurisdictions,
Hennepin County, the State of Minnesota, and the Federal government, as needed.
6. Declares, under Minnesota Statues, section 13D.021, that in-person meetings of the
City Council, Planning Commission, and other advisory commissions of the City of
Golden Valley are not practical or prudent due to the COVID-19 health pandemic and
Resolution No. 20-21 -2- March 17, 2020
the peacetime emergency declared by Governor Walz pursuant to Minnesota Statutes,
chapter 12, and hereby directs that:
a. meetings of the City Council, Planning Commission, and other advisory
commissions of the City shall be conducted by telephone or other electronic
means; and
b. attendance by Councilmembers, Commissioners, City staff and members of the
public at the regular meeting location is unfeasible; and
c. City Staff shall take such action as may be necessary to enable such meetings to
occur via telephone or other electronic means pursuant to Minnesota Statutes,
section 13D.021, until such time as it is no longer impractical or imprudent for the
City Council, Planning Commission, and other advisory commission to resume
in-person meetings.
7. Directs that this Resolution be given prompt and general publicity and shall be filed
promptly by the City Clerk.
Passed by the City Council of the City of Golden Valley, Minnesota this 17th day of March,
2020.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
REGULAR MEETING MINUTES
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke
1C. Proclamation Honoring Breck’s Girls Hockey Championship Team
Mayor Harris presented a proclamation to player representatives from the Breck’s Girls Hockey
Championship team. Ms. Natalia Hernandez, Head of School at Breck, provided information on the
girl’s hockey season and the hockey players. Ms. Hernandez answered questions from Council.
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to approve
the proclamation honoring Breck’s Girls Hockey Championship Team and the motion carried.
2C. Annual CCX Media Presentation
Mr. Mike Johnson, Executive Director of CCX Media, presented a brief history of the Cable
Commission and Media Company. Mr. Johnson also provided an update on CCX Media and
answered questions from Council. The Council thanked Mr. Johnson and CCX Media for their
service to the City.
3C. Proclamation Opposing the Practice of Conversion Therapy
City Manager Cruikshank provided back ground information on the proclamation. There was
Council discussion regarding the proclamation and their opposition to the practice of conversion
therapy. Mayor Harris summarized the proclamation.
MOTION made by Council Member Fonnest, seconded by Council Member Sanberg to approve the
proclamation opposing the practice of conversion therapy and the motion carried.
2. Additions and Corrections to Agenda
MOTION made by Council Member Rosenquist, seconded by Council Member Harris to approve
the agenda of March 4, 2020, as submitted and the motion carried.
March 4, 2020 – 6:30 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley City Council Regular Meeting Minutes
March 4, 2020 – 6:30 pm
2
3. Approval of Consent Agenda
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to approve
the consent agenda of March 4, 2020, as revised removal of 3H-Authorize DeCola Ponds Flood
Mitigation Planning Agreement and 3I-Appointment to the Human Rights Commission and the
motion carried.
3A. Approval of Minutes:
3A1. City Council Meeting – February 18, 2020
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C. Licenses:
3C1. Authorize the Renewal of the Fireworks Sales License for Menard’s for a period of
May 1, 2020 through April 31, 2021.
3D. Minutes of the Boards and Commissions:
3D1. Planning Commission – February 10, 2020
3D2. Rising TIDES Task Force – January 14, 2020
3D3. Environmental Commission – January 27, 2020
3D4. Bassett Creek Watershed Management Commission – January 16, 2020
3E. Approval of Bids, Quotes and Contracts:
3E1. Authorize the Mayor and City Manager to execute the contract for Brush Pick-Up
with Tim’s Tree Service, LLC, in the form approved by the City Attorney to provide
brush pick-up and disposal services.
3F. Adopt Resolution 20-19, supporting legislation that would authorize cities to collect
infrastructure development fees to fund municipal street improvements, including street
Improvements, as a necessary component of growth and redevelopment.
3G. Adopt Resolution 20-20, supporting submittal of an application to Minnesota Pollution
Control Agency for Minnesota GreenCorps Host Site.
3H. Authorize DeCola Ponds E & F Flood Mitigation Planning Agreement.
3I. Appointment to the Human Rights Commission.
3. Items Removed From the Consent Agenda:
3H. Authorize DeCola Ponds E & F Flood Mitigation Planning Agreement
Council Member Fonnest provided back ground information and an update on the Medicine Lake
Road/Winnetka Ave Flood Control project.
MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to authorize
the Mayor and City Manager to execute the DeCola Ponds E & F Flood Mitigation Planning
agreement with Barr Engineering in the form approved by the City Attorney in an amount not to
exceed $40,000 and the motion carried.
3G. Appointment to the Human Rights Commission
Council Member Sanberg welcomed Ms. Giese to the Human Rights Commission.
MOTION made by Council Member Sanberg, seconded by Council Member Rosenquist to appoint
Ms. Mary Giese to the Human Rights Commission with a term that expires in May 2022 and the
motion carried.
City of Golden Valley City Council Regular Meeting Minutes
March 4, 2020 – 6:30 pm
3
4. Public Hearing
5. Old Business
6. New Business
6A. Review of Council Calendar
The State of the City will be on March 6, 2020, at 10:30 am at New Bohemia located at 8040 Olson
Memorial Highway.
Some Council Members may attend the Boy Scout Troop 268 Pancake Breakfast on March 7, 2020,
at 8 am at Valley of Peace Lutheran Church located at 4735 Bassett Creek Drive.
Some Council Members may attend the Winter Market in the Valley on March 8, 2020, from 10 am
to 2 pm at Brookview located at 316 Brookview Parkway.
Some Council Members may attend the Hopkins 2020 Empty Bowls Event on March 10, 2020, from
11 am to 7 pm at Hopkins Center of Arts located at 1111 Mainstreet, Hopkins.
The next Housing and Redevelopment Authority Work Session be on March 10, 2020, at 6:30 pm.
The next Council/Manager meeting will be on March 10, 2020, immediately following the HRA Work
Session.
The 2020 Rising TIDES Forum will be held on March 11, 2020, from 5:30 to 7:30 pm at Brookview
located at 316 Brookview Parkway.
Some Council Members may attend the Golden Valley Historical Society Event on March 12, 2020, at
7 pm at the Golden Valley Historical Society located at 6731 Golden Valley Road.
Some Council Members may attend the Robbinsdale 2020 Empty Bowls Event on March 17, 2020,
from 4 to 7 pm at Robbinsdale Cooper High School located at 8230 47th Avenue North, New Hope.
Some Council Members may attend the 2020 Fastenal Parallel 45 Winter Festival and MN World Cup
Events on March 14 through 17, 2020, at various times at Theodore Wirth Park located at 1301
Theodore Wirth Parkway.
The next City Council meeting will be on March 17, 2020, at 6:30 pm.
Some Council Members may attend the League of MN Cities 2020 Legislative Conference on March
18 and 19, 2020, at various times at Christ on Capitol Hill Lutheran Church located at 105 University
Avenue, St. Paul.
Some Council Members may attend the Golden Valley Business Council on March 26, 2020, from
7:30 to 9 am at Brookview located at 316 Brookview Parkway.
City of Golden Valley City Council Regular Meeting Minutes
March 4, 2020 – 6:30 pm
4
6B. Mayor and Council Communication
Mayor Harris thanked City Clerk Luedke and the election judges who served for a fabulous election.
City Clerk Luedke also thanked the election judges who served.
7. Adjourn
MOTION made by Council Member Rosenquist, seconded by Council Member Harris and the motion
carried to adjourn the meeting at 7:53 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Golden Valley City Council Meeting
March 17, 2020
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.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/browse.aspx?id=717279&dbid=2&repo=GoldenValley
The check register for approval:
o 03/06/20 Check Register
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. C. 1. Approve Renewal of Solid Waste and Recycling Collection Licenses
Prepared By
Kris Luedke, City Clerk
Summary
The following establishments have applied for renewal of their refuse and recycling vehicle licenses for
the 2020-2021 period. The applicants below have met all of the City Code requirements for the
renewal of their license and staff is recommending approval.
License # Applicant License Type Fee
11732 Ace Solid Waste Base Fee per Hauler $ 150
6601 McKinley Street 4 Vehicles $ 200
Ramsey, MN
11727 Aspen Waste System Base Fee per Hauler $ 150
2951 Weeks Avenue SE 8 Vehicles $ 400
Minneapolis, MN
11739 Curbside Waste Inc. Base Fee per Hauler $ 150
PO Box 43154 1 Vehicle $ 50
Brooklyn Park, MN
10986 Darling Ingredients Inc Base Fee per Hauler $ 150
9000 382nd Avenue 2 Vehicles $ 100
Blue Earth, MN
11737 Republic Services Base Fee per Hauler $ 150
9813 Flying Cloud Drive 23 Vehicles $1,300
Eden Prairie, MN
11731 Suburban Waste Base Fee per Hauler $ 150
15718 Village Woods Drive 2 Vehicles $ 100
Eden Prairie, MN
11729 Waste Management of MN Base Fee per Hauler $ 150
10050 Naples Street NE 11 Vehicles $ 550
Blaine, MN
Council/Manager Meeting Executive Summary
City of Golden Valley
March 17, 2020
2
The following applicants have met the majority of the City Code requirements for the renewal of their
license and staff is recommending approval contingent upon receipt their completed documentation.
License # Applicant License Type Fee
11728 Baldy Sanitation Base Fee per Hauler $ 150
5906 Henry Street 1 Vehicle $ 50
Maple Plain, MN
11733 Dick’s Sanitation Base Fee per Hauler $ 150
8984 215th Street West 3 Refuse Vehicles $ 150
Lakeville, MN
11730 Randy’s Environmental Services Base Fee per Hauler $ 150
4351 US Hwy 12 SE 13 Vehicles $ 600
Delano, MN
Financial Or Budget Considerations
Fees received for Solid Waste and Recycling Collection license renewals are budgeted, and defray costs
the City incurs to administer and enforce license regulations and requirements.
Recommended Action
Motion to authorize the renewal of the above Solid Waste and Recycling Collection licenses for a
period of April 1, 2020, through March 31, 2021.
Attachment
•List of Solid Waste and Recycling Vehicle Descriptions (3 pages)
Solid Waste and Recycling Vehicles
Ace Solid Waste
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 CNG 3 Residential Trash Yes
2 Diesel 3 Residential Yard Waste Yes
3 CNG 4 Commercial Trash Yes
4 Diesel 3 Residential Yard Waste Yes
Aspen Waste Systems
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Commercial MSW, Recycling & Bulky Waste Yes
2 Diesel 3 Commercial MSW Yes
3 Diesel 3 Commercial MSW Yes
4 Diesel 3 Commercial MSW Yes
5 Diesel 3 Residential Yard Waste Yes
6 Diesel 3 Residential MSW Yes
7 Diesel 3 Commercial Recycling Yes
8 Diesel 3 Residential MSW Yes
Baldy Sanitation Inc.
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Commercial MSW & Recycling Yes
Curbside Waste Inc.
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Residential MSW & Yard Waste Yes
Darling Ingredients
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Commercial Recycling Yes
2 Diesel 3 Commercial Recycling Yes
Dick's Sanitation
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Commercial MSW, Recycling & Bulky Waste Coming
2 Diesel 3 Commercial MSW, Recycling & Bulky Waste Coming
3 CNG 4 Commercial MSW & Recycling Coming
4 Diesel 4 Commercial MSW & Recycling Coming
5 Diesel 4 Commercial Bulky Waste Coming
Solid Waste and Recycling Vehicles
Randy's Environmental Service
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 CNG 4 Commercial MSW Yes
2 CNG 3 Residential MSW Yes
3 Diesel 3 Commercial MSW Yes
4 CNG 4 Residential MSW Yes
5 CNG 4 Commercial MSW Yes
6 Diesel 3 Commercial Recycling Yes
7 Diesel 3 Both MSW & Bulky Waste Yes
8 Diesel 3 Both MSW Yes
9 CNG 3 Residential MSW Yes
10 Diesel 3 Commercial Recycling Yes
11 Diesel 3 Both MSW Yes
12 Diesel 3 Commercial Recycling Yes
13 Diesel 3 Commercial Recycling Yes
Republic Services
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Commercial Recycling Yes
2 Diesel 3 Commercial MSW & Bulky Waste Yes
3 CNG 3 Residential MSW & Bulky Waste Yes
4 CNG 4 Commercial Recycling Yes
5 CNG 4 Commercial MSW Yes
6 CNG 4 Commercial Organics Yes
7 CNG 4 Commercial MSW Yes
8 CNG 4 Residential Recycling Yes
9 Diesel 3 Residential Recycling Yes
10 CNG 4 Residential Yard Waste Yes
11 Diesel 3 Residential Recycling Yes
12 Diesel 3 Residential MSW Yes
13 CNG 4 Residential Recycling Yes
14 CNG 4 Residential MSW Yes
15 CNG 4 Residential MSW Yes
16 Diesel 4 Residential Recycling Yes
17 CNG 4 Residential Recycling Yes
18 CNG 4 Residential Recycling Yes
19 CNG 4 Residential Recycling Yes
20 Diesel 3 Residential Yard Waste Yes
21 Diesel 3 Commercial MSW, Recycling, Organinc, Yard
Waste & Buky Waste Yes
22 CNG 4 Commercial MSW, Recycling, Organinc &
Yard Waste
Yes
23 CNG 4 Commercial MSW, Recycling, Organinc &
Yard Waste Yes
Solid Waste and Recycling Vehicles
Suburban Waste Services
Vehicle #Fuel Type Axles Used For Collection Type Inspection Records
1 Diesel 3 Residential Yard Waste Yes
2 Diesel 3 Residential MSW Yes
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. C. 2. Approve Renewal of Amusement Device Licenses
Prepared By
Kris Luedke, City Clerk
Summary
The following establishments have applied for renewal of their amusement device license for the 2020-
2021 license term. The applicants have met City Code requirements for the renewal of their license and
staff is recommending approval.
License No. Applicant License Type Fee
11930 American Amusement Arcades 3 Amusement Devices $45
2100 West 96th Street at 6400 Wayzata Blvd
Bloomington
11932 Schuller’s Tavern 2 Amusement Devices $30
7348 Country Club Drive at 7348 Country Club Drive
11929 Theisen Vending Company 2 Amusement Devices $30
2335 Nevada Avenue North at 7348 Country Club Drive
2 Amusement Devices $30
at 6920 Wayzata Blvd
Financial Or Budget Considerations
Fees received for amusement device license renewals are budgeted, and defray costs the City incurs to
administer license requirements.
Recommended Action
Motion to authorize the renewal of the above amusement device licenses for a period of April 1, 2020,
through March 31, 2021.
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. C. 3. Approval Renewal of Gas Station Dispenser Licenses
Prepared By
Ted Massicotte, Deputy Fire Chief
Jill Lund, Administrative Assistant
Summary
The following establishments are up for renewal of their gas station and gas dispenser license for the
2020-2021 license term. The applicants have met City Code requirements for the renewal of their
license and staff is recommending approval.
Applicant License Type Fee
Freddie’s Petroleum, Inc. Gas Station/4 Dispensers $ 300
DBA: Amstar
9405 Medicine Lake Road
Feist Automotive Gas Station/4 Dispensers $ 300
1875 Lilac Drive North
General Mills Gas Station/6 Dispensers $ 400
1 General Mills Boulevard
Golden Valley Country Club Gas Station/2 Dispensers $ 150
7001 Golden Valley Road
Gregg and Jim’s Service, Inc. Gas Station/4 Dispensers $ 300
1900 Douglas Drive North
Holiday Stationstores, Inc. Gas Station/5 Dispensers $ 350
7925 Wayzata Boulevard
Linn Retail Centers, Inc. Gas Station/6 Dispensers $ 400
DBA: Holiday Station
600 Boone Avenue North
City Council Regular Meeting Executive Summary
City of Golden Valley
March 17, 2020
2
Applicant License Type Fee
Jim Lupient Oldsmobile Gas Station/1 Dispenser $ 75
7100 Wayzata Boulevard
Mainline Transportation, Inc. Gas Station/4 Dispensers $ 300
835 Decatur Avenue North
Morrie’s Cadillac SAAB Gas Station/1 Dispensers $ 75
7400 Wayzata Boulevard
Regency Hospital Gas Station/1 Dispenser $ 75
1300 Hidden Lakes Parkway
Speedway #4497 Gas Station/6 Dispensers $ 400
6955 Market Street
Speedway #4443 Gas Station/4 Dispensers $ 300
1930 Douglas Drive North
Theodore Wirth Par 3 Gas Station/2 Dispensers $ 150
1313 Theodore Wirth Parkway
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to authorize the renewal of the above gas dispenser licenses for a period of April 1, 2020,
through March 31, 2021.
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. E. 4. Gambling License Exemption and Waiver of Notice Requirement – School of Engineering & Arts
PTA
Prepared By
Kris Luedke, City Clerk
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied
by the City. Depending upon the timing of the permit the applicants may request the City to waive
the 30-day waiting period.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for School of Engineering & Arts PTA.
Attachments
Application for Exempt Permit (2 pages)
MINNESOTA LAWFUL GAMBLING
11/17LG220ApplicationforExemptPermitPage1of2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that:
Applications are processed in the order received. If the applicationconductslawfulgamblingonfiveorfewerdays, and
awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the
year. application fee is $100; otherwise the fee is $150.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name:School of Engineering &Arts PTA Permit Number: X-93132-19-009
Minnesota Tax ID Federal Employer ID
Number, if any: 2707914 Number(FEIN), if any: 46-0766126
Mailing Address: 1751 Kelly Drive
City: Golden Valley State: MN Zi 55427p:County: Hennepin
Name of Chief Executive Officer(CEO): Adriane Heflin, SEA Spring Fling Committee Chair
CEO Daytime Phone: 612-730-5389 CEO Email: adrianeheflin@gmail.com
permit will be emailed to this email address unless otherwise indicated below)
Email permit to (if other than the CEO):
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS-Affiliate of national,statewide,or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
for raffles, list the site where the drawing will take place): School of Engineering &Arts
Physical Address (do not use P.O. box): 1751 Kelly Drive
Check one:
0 City: Golden Valley zip: 55427 County: Hennepin
0 Township: Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing): May 15, 2020
Check each type of gambling activity that your organization will conduct:
Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to
www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900.
LG220 Application for Exempt Permit 11/17
Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
The application is acknowledged with no waiting period. he application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waitingperiod, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
60 days for a 1st class city). 30 days.
The application is denied. The application is denied.
Print City Name: ILA.P. oc, I r`— l% Print County Name:
Signature pf City Pers nel: Signature of County Personnel:
Title: C- f `l y" \ Date: V Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the
deny an application, per Minn. Statutes, section 349.213.)
Gambling Control Board. Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board within 30 days of the event date.
Chief Executive Officer's Signature: ? i i j L sdt L " Date: .. f L i l
f)gr t e must be CEO's signatura;designee may not sign)
Print Name: Adriane Heflin
L
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
all gambling conducted on one day.
application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done:
To: Minnesota Gambling Control BoardAfinancialreportformwillbemailedwithyourpermit. Complete 1711 West County Road B, Suite 300 SouthandreturnthefinancialreportformtotheGamblingControlRoseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota
by the Gambling Control Board (Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically
refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this Information provided remains private,with the to the information; individuals and agencies for
information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members, Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format(i.e. large print, braille) upon request.
An equal opportunity employer
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. E. 5. Gambling License Exemption and Waiver of Notice Requirement – The Arthritis Foundation, Inc.
Prepared By
Kris Luedke, City Clerk
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied
by the City. Depending upon the timing of the permit the applicants may request the City to waive
the 30-day waiting period.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for The Arthritis Foundation, Inc.
Attachments
Application for Exempt Permit (2 pages)
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt Permit
11(17
Page I of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the applicationconductslawfulgamblingonfiveorfewerdays, and Is postmarked or received 30 days or more before the event, theawardslessthan $50,000 in prizes during a calendar application fee is $100; otherwise the fee Is $150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name: The Arthritis Foundation, Inc. Permit Number: X-04371-19-015
Minnesota Tax ID Federal Employer ID
Number, if any: 4993600 Number (FEIN), if any: 58-1341679
Mailing Address: 1355 Peachtree Street, Suite 600
City: Atlanta State: GA zip: 30309 County: Fulton
Name of Chief Executive Officer (CEO): Laurie Stewart (Board Chair)
CEO Daytime Phone: 206-436-1495 CEO Email:
permlt will be emalled to this emall address unless otherwise indicated below)
Email permit to (if other than the CEO): ccarison@arthritis.org
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
Fraternal = Religious = Veterans ED Other Nonprofit Organization
Attach a copy of gM of the following showing proof of nonprofit status:
00 NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State webslte, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mmu_
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
7 IRS income tax exemption (501(c)) letter in your organization's nameDon't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS - Affiliate of national, statewide, or International parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of bojh of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
for raffles, list the site where the drawing will take place): Metropolitan Ballroom & Club
Physical Address (do not use P.O. box): 5418 Wayzata Blvd
Check one:
City: Sa414eValley Zip: 55416 County: Hennepin
Township: Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing): October 9, 2020
Check each type of gambling activity that your organization will conduct:
Bingo =Paddlewheels =Pull -Tabs =Tipboards Raffle
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tlpboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to
www.mn.gov/ycb and click on Distributors under the List of Licansees tab, or call 651-539-1900.
LG220 Application for Exempt Permit
Silty
Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
HThe application is acknowledged with no waiting period. he application Is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting me application Is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
60 days for a 1st class city). 30 days.
ElRie application is denied. The application denied. tIs
I
Print City Name: O Cl'P t/t f`L y Print County Name:
Sign tu of CI `Perso nel: Signature of County Personnel:
qTitle:., VI` Date:_ Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
limits. (A township has no statutory authority to approve or
deny an application, per Minn. Statutes, section 349.213.) The city or county must sign before
submitting application to the
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Tltle: Date:
CH M BOARD C R IGNATURE (required) TrZF
The information provided In this application Is mpl to and a ate t of my knowledge. I acknowledge that the financial
report will be completed and returned to the Bo rd Ith. 3 ys even
Board Chair Sign: Date:
Signature t be CEO's nature; designee may not sign)
Print Name: L "
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mall application with;
all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
all gambling conducted on one day. application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is $100; otherwise the fee Is $150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Boa rd.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349,166, subd. 2(f)). 651-539-1900.
Data privacy notice: The Information requested application. Your organization's name and ment or Public Sarety; Attorney General;
on this form (and any attachments) will be used address will be public Information when received Commissioners of Administration, Minnesota
by the Gambling Control Board (Board) to by the Board. All other Information provided will Management & Budget, and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor, national and International gambling
be involved In lawful gambling activities In Board Issues the permit. When the Board Issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit, all Information provided will become order; other Individuals and agencies spectficaily
refuse to supply the Information; however, If public. If the Board does not Issue a permit, all authorized by state or federal law to have access
your organization refuses to supply this Information provided remains private, with the to the Information; individuals and agencies for
Information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was
as a consequence, may refuse to Issue a permit. about your organization are available to Board given; and anyone with your written consent,
if your organization supplies the Information members, Board staff whose work requires
requested, the Board will be able to process the access to the Information; Minnesota's Depart -
This form will be made available in alternative format (i.e. large print, braille) upon request _
In equal oppprtw ky employer
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. C. 6. Temporary On-Sale Liquor License – Born Passion
Prepared By
Kris Luedke, City Clerk
Summary
The Born Passion Organization located at 4294 Dahlberg Drive, Golden Valley has applied for a
temporary on-sale liquor license for Friday, June 19, 2020, from 12 to 7 pm for the Chip’n for Charity
4th Annual Golf Tournament located at Theodore Wirth Golf Course, 1301 Theodore Wirth Parkway.
The City Code does provide for temporary sales of liquor with Council approval. Also, required is a
certificate of liquor liability insurance naming the City as an additional insured in the amount of
1,000,000. The Born Passion Organization has provided this certificate for their event.
Financial Or Budget Considerations
Fees received for temporary liquor licenses help to defray costs the City incurs to administer license
requirements.
Recommended Action
Motion to approve a temporary on-sale liquor license for Born Passion, 4294 Dahlberg Drive, Golden
Valley for their event at Theodore Wirth Golf Course, 1301 Theodore Wirth Parkway on June 19, 2020.
REGULAR MEETING MINUTES
1. Call to Order
The meeting was called to order at 7:00 by Chair Blum
Roll Call
Commissioners present:Ron Blum,Adam Brookins,Andy Johnson,Ryan Sadeghi,and Chuck
Segelbaum
Commissioners absent:Lauren Pockl,Rich Baker,Ari Prohofsky
Staff present:Planning Manager Jason Zimmerman and City Planner Myles Campbell
Council Liaison present:Gillian Rosenquist
2. Approval of Agenda
Chair Blum,asked for a motion to approve the agenda.
MOTION made by Commissioner Brookins,seconded by Commissioner Johnson to approve the
agenda of February 24,2020,as submitted and the motion carried unanimously.
3. Approval of Minutes
Chair Blum asked for a motion to approve the minutes from February 10,2020.
MOTION made by Commissioner Segelbaum,seconded by Commissioner Johnson to approve the
meeting minutes from February 10,2020,as submitted,and the motion carried unanimously.
4. Informal Public Hearing Major PUD Amendment
Applicant:John Gabbert
Address:1601 Noble Drive Sweeny Lake Woods PUD No.120)
Purpose:To subdivide properties within an existing PUD and incorporate some portions of
adjacent properties
Jason Zimmerman,Planning Manager,began the presentation with a recap that this request is
to amend the existing Planned Unit Development PUD)No.120.The original PUD was approved
in 2015 for three single family lots on Sweeny Lake,all using a private drive.This proposal would
expand the PUD boundary and reconfigure property lines to create additional buildable lots.
Utilizing maps for visual clarity,Zimmerman stated differences between the existing and the
proposed PUD.
February 24,2020 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley Planning Commission Regular Meeting
February 24,2020 7 pm
2
Existing
3 lots inside the PUD 1 with a home,2 vacant)
4 lots outside the PUD 2 with homes,2 vacant)
Proposed
4 lots inside the PUD 1 with a home,3 vacant)
3 lots outside the PUD 2 with homes,1 vacant)
Regarding community engagement,Zimmerman informed the Commission that a public meeting
was held at City Hall in October 2019.This meeting addressed resident questions about lots,
stormwater management,and the pending variance at the time for the private street.The Board
of Zoning Appeals denied the variance request regarding the street but then was approved by
City Council,following an appeal.This approval included a condition that sprinkler systems be
installed for all new construction.Zimmerman listed the addresses of lots within and outside
both the existing and proposed PUD;all lots are above the minimum lot size of 10,000 square
feet.
Using environmental goals and water policies from the 2040 comprehensive plan as a guide,the
engineering department did a full analysis of this PUD.A construction phasing plan,storm sewer
construction plan,and a detailed tree/landscaping plan will continue to be developed.
When a PUD amendment is evaluated,it’s done so against a list of criteria from the city.The
original PUD met the criteria and the amendment does as well.
Zimmerman listed a number of next steps,such as review and approval from the Bassett Creek
Watershed Management Commission,DNR,and City Council.Existing easements need to be vacated
and new easements need to be dedicated.
Planning staff is recommending approval with the following conditions:
1. The plans dated February 13,2020,are part of the approval
2. Existing easements are vacated and new easements dedicated as shown
3. City Attorney determines if a title review is necessary
4. Park dedication fee of 34,560 is paid
5. Deferred special assessment of 35,000 is paid
6. Conservation easement for 1640 Noble Drive is signed and recorded
7. Impervious surface area on each of the four undeveloped lots is limited to 10,000 sq ft
Commissioner Segelbaum asked why the Planning Commission isn’t deciding on the subdivision in
addition to the PUD.Zimmerman responded that the Commission is,however it’s already wrapped
up in the PUD approval.Even the lots outside of the PUD that are being subdivided are wrapped up
in the PUD approval.
Representatives for the applicant and project approached the Commission.
Matt Pavek,Civil Engineer,working on the project
City of Golden Valley Planning Commission Regular Meeting
February 24,2020 7 pm
3
Jackie Day,Realtor,realtor for applicant
Pavek stated that staff presentation was thorough and from an engineering perspective,the plan is
fairly straightforward.The most complicated part is the stormwater component but his team worked
with city staff to create a low impact development plan.
Commissioner Johnson asked the representatives how they intend to mitigate construction noise
and prevent wet basements for owners.
Pavek responded that there are construction best practices through the city and when pulling a
permit,the builder shall adhere to that.Aside from that,it’s a little far down the line and Pavek
stated he couldn’t speak much more to it at this time.Day added that the lots have not even been
made marketable at this point but they’ll be sold individually and then folks will build as they care to.
Regarding stormwater,Pavek stated the groundwater levels are high in this area.New homes will be
built above that level and will have drain tile.Swales and ponds will be placed below the
groundwater level so water will flow away from existing properties.
Segelbaum asked the applicant why they’re developing the property.Day responded that the
property taxes are a part but the owner was waiting to sell to someone who would develop by
enhancing what was present.Pavek added that two current owners were interested in splitting a
plot and part of this amendment addresses that.The other lots needed to be reconfigured in order to
have street access.
Chair Blum opened the public hearing portion at 7:25pm.
Ammar Al Shash,1807 Noble Drive,has three concerns:
1. Construction There has not been neighboring construction but there is construction across the
street.With this plan in place,Al Shash stated he will have construction next to him as well as
behind him.
2. Density Al Shash is concerned about the density and was behind the original PUD of three
homes along the private road past his home.Adding a fourth lot now is concerning as they are
being placed closer to him and further from the cul de sac at the end of the road.
3. Easement Al Shash objects to the overburdening of his easement with additional traffic.
Steve Maddox,1604 St.Croix Circle,in general supports the amendment.Maddox is to the west of
the filtration basin and his concerns are related to water flow and stagnant water.
Chair Blum closed the public hearing portion at 7:29pm.
Segelbaum asked staff to respond to the density concern with the original PUD planning for three
lots and the amendment introducing four.Zimmerman responded with slides from the presentation
and elaborated on the narrowness of those preliminary lots in addition to the setbacks.The same
amount of land is utilized.Blum asked about the easement concern and measurements.Zimmerman
responded that the easement came up when the variance was applied for,and the resident who
spoke at the public hearing understood he had an easement over part of the road.After legal
analysis,it was discovered that the easement allowed the 1807 resident to utilize the private road as
City of Golden Valley Planning Commission Regular Meeting
February 24,2020 7 pm
4
it’s owned by the owner of the PUD.That means that the resident is granted access through that
easement,the access is not under that resident’s control.
Blum addressed the flow of water and the filtration basin.Zimmerman responded that the plans for
the basin were approved by the city and are under review with the Bassett Creek Watershed.If there
were an emergency water situation,the basin is set to flow in to the lake instead of backing up.
Segelbaum asked if the lots would meet requirements to possibly be subdivided one day.
Zimmerman stated that even though the lots were large,they likely wouldn’t be able to be
subdivided due to the frontage access and stormwater needs for that area.
Segelbaum stated that the density is shifting but it’s not overly dense with the modifications,while
another house is being added,the trade off is greater water quality in the stormwater and thus
Sweeny Lake.Blum echoed this approval.
MOTION made by Commissioner Johnson,seconded by Commissioner Sadeghi to recommend
approval of the PUD Amendment 120 to subdivide properties within an existing PUD and incorporate
some portions of adjacent properties.The motion carried unanimously.
5. Informal Public Hearing Zoning Code Text Amendment
Applicant:City of Golden Valley
Purpose:Amending zoning districts to regulate tobacco sales
Myles Campbell,City Planner,started his presentation by recapping the February 10th meeting.After
reviewing a number of scenarios,commissioners generally preferred a limited definition of youth
oriented facilities.This met the goal of mitigating youth tobacco exposure over a broader restriction
based on a zoning category.Commissioners also wanted to preserve a good portion of eligible
commercial land and specifically commercial land in the downtown area.Campbell reminded the
group that the goal for tonight’s public hearing is to come to a consensus on restrictions regarding
tobacco retail establishments and to recommend ordinance language to the City Council for review
and approval.
Campbell continued by summarizing two parallel sets of zoning language:one restricting tobacco
retail establishments based on proximity to parcels zoned for assembly type uses,the other
restricting them based on proximity to a defined set of youth oriented facilities.Campbell followed
with proposed language changes to city code,varying slightly depending on the determination of the
commissioners.Campbell added that the zoning category of Assembly has yet to be adopted by the
City Council.In the interim,the existing Institutional designations will need to be utilized until that
code is amended to include Assembly as a zoning category.Commissioner Segelbaum asked for
clarification on those items and where a community center is categorized,staff responded it falls
under an I 3 zone.
Campbell displayed 6 scenarios maps,three buffer examples for each of the two options.
Staff recommends that commissioners adopt language based on mapped scenario E.This will define
youth oriented facilities and establish 750 foot buffer around any schools,playgrounds,and athletic
fields,within which a tobacco retail establishment would be restricted from locating.
Section 113 1 would be amended to include a definition of youth oriented facilities
City of Golden Valley Planning Commission Regular Meeting
February 24,2020 7 pm
5
Section 113 92 would be amended to add tobacco retail establishments as a restricted use
subject to the following restrictions
Segelbaum asked why staff opted for specifically defining schools,playgrounds,and athletic fields
and not categorizing it as areas of assembly.Campbell restated the items from his presentation
regarding language and definition clarity.This direction was also advised from the City Attorney as
an area of assembly encompasses more than just youth oriented facilities.
Commissioner Sadeghi asked for clarity on if a tobacco retailer was able to transfer a license to
allow another retailer to utilize it in the event of a sale.Campbell responded that per the City
Attorney,the license is non transferable in a sale.Segelbaum asked what the tobacco retailers are
that fall within the buffers and risk potential loss of license if they lapse or sell.Staff pointed out
two gas stations,a tobacco retailer,and a pharmacy/convenience store.
Chair Blum asked the Commissioners if parks seemed like a youth oriented facility and Segelbaum
pointed out that they are added in the scenario chosen.Campbell restated that parks with
playgrounds and playing fields are included and reminded Commissioners that not including green
space/natural parks was part of a previous conversation.Blum stated some preserve areas may not
attract youth oriented activities but thinks Theodore Wirth Park should be under consideration for
inclusion.
The conversation continued on to the types of activities that take place at Theo Wirth and if those
activities are school or community sanctioned.The conversation also revolved around the
definition of playground and athletic field,as well as how the trailhead at Theo Wirth is defined.A
number of Commissioners expressed anecdotes of attending the nature park with families for
activities.Blum added that because water is near Theo Wirth,it should be added to the
amendment.Segelbaum stated he believes that Theo Wirth should be added but is against limiting
tobacco licenses for current retailers.Specifically gas stations,if the owner sells and can’t transfer a
tobacco license,that will negatively impact the business.
Commissioner Johnson chimed in that this determination has already been made.
Campbell showed a map that was reviewed at a previous Commission meeting,and that scenario
displays a buffer around Theodore Wirth.However,this scenario includes a buffer around
Brookview Park and that buffer really impacts possible retailers in the downtown area.Campbell
continued by referencing the conversation at the February 10th meeting when Commissioners
decided to distinguish between nature parks and recreation parks.Sadeghi added he is concerned
about creating a buffer that impacts gas stations and potentially prevents them from tobacco sales.
Segelbaum asked if there was a way to include a buffer around Theo Wirth but not around
Brookview.Zimmerman responded that there may be a way although this meeting was intended to
be a public hearing.Taking that possibility under consideration would mean postponing the public
hearing and reconfiguring scenario maps.Blum stated that he’s comforted by the fact that buffers
don’t impact current businesses.He added that he’s also comfortable including a buffer around
Brookview.Segelbaum stated a preference for a 500 ft buffer and thus scenario D.Campbell asked
for amendments or changes to the actual ordinance language.
City of Golden Valley Planning Commission Regular Meeting
February 24,2020 7 pm
6
Johnson stated that the group was just notified that the ComprehensivePplan they all worked on
was approved.He reminded the Commissioners the portions they all worked on and what was
designated to their Commission and then to other Commissions.Johnson went on to state that the
group seemed to be struggling with a final decision because maybe health concerns aren’t within
their purview.He reminded the group that the tobacco retail requirements have already been
determined and that their buffer zones won’t help or hinder that process.Commissioner Brookins
added that he doesn’t care for the Commission’s approach to this issue and should look at it the
same way they looked at the 2040Ccomprehensive Plan.After more discussion about buffers and
chain of events after a determination,Zimmerman reminded the group that the goal is to support
the request of City Council.
Sadeghi suggested looking at where the group would like to see tobacco sales occur and then
create a buffer zone around youth oriented facilities to accommodate that.Segelbaum said that if
the Commission can’t come to a decision then they should provide the Council with what
information they uncovered through this process.Brookins stated his desire to table a
determination and to see a scenario where tobacco sales stay in Commercial districts 250 ft from
state highways.He added that he thinks the desired outcome will stay the same.Segelbaum said
they need to understand the parameters from council,the direction was to be from youth oriented
facility.Campbell reminded the group that an arbitrary ordinance can’t be put in place,there needs
to be a clear connection and justification.If the goal is to keep tobacco sales away from youth
oriented spaces,then the ordinance needs to written with that clear connection.
The scheduled Public Hearing was not called
MOTION was made by Commissioner Brookins to table the conversation and await more
information from staff and seconded by Commissioner Johnson.
The motion to table carried 4 1.
Aye:Sadeghi,Brookins,Blum,Johnson
Nay:Segelbaum
Television portion of the meeting concluded at 8:37pm
Short Recess
6. Council Liaison Report
Councilmember Rosenquist provided an update to Commissioners on various topics and discussions
both at the City Council and throughout the City.She reminded Commissioners of the upcoming Joint
Board,Commission,and Council Meeting later in the week.She also provided an update on new Board
and Commission members of the City’s Rising Tides Equity Taskforce,Human Rights Commission,and the
Open Space and Recreation Commission.
City of Golden Valley Planning Commission Regular Meeting
February 24,2020 7 pm
7
7. Reports on Meetings of the Housing and Redevelopment Authority,City Council,Board of Zoning
Appeals,and other meetings
Rosenquist updated Commissioners on a recent grant awarded to the City by the Department of Natural
Resources and some of the upcoming work for the City’s Housing and Redevelopment Authority
surrounding an ongoing housing study of the City.
8. Other Business
Commissioners and staff reported no other business.
9. Adjournment
MOTION made by Johnson,seconded by Blum and the motion carried unanimously to adjourn the
meeting at 8:50 PM.
Adam Brookins,Secretary
Amie Kolesar,Planning Assistant
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. E. 1. Authorize Agreement for 2020 Pond Maintenance Project
Prepared By
Jeff Oliver P.E., City Engineer
Eric Eckman, Environmental Resources Supervisor
Summary
As part of its stormwater permit with the Minnesota Pollution Control Agency (MPCA), the City is
required to inspect, prioritize, and maintain its stormwater treatment ponds. The City uses its
modeling software application to assess and prioritize which ponds to field inspect. Field inspection
includes surveying and sediment testing consistent with MPCA guidance.
Based on preliminary modeling, four ponds were identified for further assessment and field inspection
see location map). Depending on the results of the field inspections and benefit-cost analysis, up to
two ponds will be selected for maintenance in 2020.
The scope of professional services in this agreement includes project management and meetings,
survey and testing, benefit-cost analysis, permit coordination, preparation of construction documents,
and construction management services at a cost not-to-exceed $44,300. The services include:
Project Management and Meetings
Attend design meetings with City staff and stakeholders.
Work with project team to coordinate project deliverables, schedule, and budget
Survey Verification and Sediment Testing
Use modeling software to determine inspection and maintenance priorities
Field survey four ponds
Collect and lab test sediment samples from two ponds
Benefit-Cost Analysis / Design Memo
Determine extent of maintenance and costs associated with each option
Identify historical wetland status, previous grading work, and record drawings
Permit Coordination
Coordinate and obtain required permits
o US Army Corps of Engineers
o Wetland Conservation Act
Construction Documents
City Council Regular Meeting Executive Summary
City of Golden Valley
March 17, 2020
2
Prepare draft construction plans, specifications, update cost estimate
Finalize construction plans, specifications, bidding documents
Construction Management
Attend construction meetings
Construction observation of critical project components and regular check-ins with contractor
and staff (approximately 15 hours per week)
Construction staking
Preparation of record drawings
The project milestone schedule is as follows:
2020-2021 Public engagement (throughout project)
Spring 2020 Model, survey and test ponds, perform benefit-cost analysis
Summer 2020 Design and bid project
October 2020 Award construction contract
Nov/Dec 2020 Begin construction
February 2021 Substantial completion
Spring 2021 Restoration and vegetation establishment
Following bidding, a separate contract for construction will need to be awarded to a contractor in
October 2020. No additional agreements for engineering services will be needed as this professional
services agreement includes construction management services.
Financial Or Budget Considerations
Funding for this project will come from the 2020 Storm Sewer Capital Improvement Program (SS-23)
which includes $300,000.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Professional Services Agreement for
the 2020 Pond Maintenance Project with WSB & Associates, Inc in the form approved by the City
Attorney in an amount not to exceed $44,300.
Supporting Documents
Pond Location Map (1 page)
Agreement with WSB & Associates, Inc. (19 pages)
S
Decatur Ave
N Wisconsin Ave
N ML-
8
7456156 Olympia St
66
t 7456102
10th
Ave N ds SL-10 7th e Ave ÿ55
Country Club Dr
N Frontage Rd
Olson
Memorial Hwy
S Frontage
Rd C
16
9 Harold
Ave SL-
13
40 Glenwood
Ave 39 4
d Laurel Ave Golden
Hills Dr 2020 Pond Maintenance Project
Sources: Print Date: 2/11/
2020 Hennepin CountySurveyorsOfficeforProperty Lines (2019). -City of GoldenValleyforallotherlayers. I Pond Locations
0
700 1,
400
2,
800 Feet
SL-
1
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES FOR THE
2020 POND MAINTENANCE PROJECT
THIS AGREEMENT is made this March 17, 2020 (“Effective Date”) by and between WSB & Associates,
Incorporated a Minnesota corporation with its principal office at 701 Xenia Avenue South, Suite #300,
Minneapolis, MN 55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal
corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide professional engineering services for the 2020 Pond
Maintenance Project.
C. Consultant represents that it has the professional expertise and capabilities to provide the City with the
requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as described in the
attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All
Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by
professionals currently providing similar services. Consultant may reasonably rely on information and documents
provided by or through the City.
2. Time for Completion. The Services shall be completed as follows:
Task 1: April 2020 - April 2021
Task 2: April - May 2020
Task 3: May – June 2020
Task 4: June - October 2020
Task 5: June - October 2020
Task 6: November 2020 – Spring 2021
provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall
remain in force and effect commencing from the effective date and continuing until the completion of the
project, unless terminated by the City or amended pursuant to the Agreement.
2
3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-
of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit B. Consultant’s
total compensation for the Services, including hourly fees and expenses, shall not exceed $44,300. The
consideration shall be for both the Services performed by Consultant and any and all expenses incurred by
Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis.
Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles,
and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within
thirty (30) days after Consultant’s statements are submitted.
4. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be
provided via electronic mail.
5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be
terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon
providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any
insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by both
parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or
any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall
not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies
available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the
books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this
Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for
a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment.
The parties agree that this obligation will survive the completion or termination of this Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or
assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,
volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character;
damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to
reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance to
the extent resulting from Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives,
or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole
or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure
to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver
3
or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these
indemnification obligations shall survive the completion or termination of this Agreement.
11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any work related to the approved project can be performed, Contractor shall
maintain at a minimum:
A. Workers’ Compensation and Employers’ Liability
1. Coverage A: Per state statute
2. Coverage B: $500,000 each accident
$500,000 Disease – policy limit
$500,000 Disease – each employee
B. Commercial General Liability
1. $200,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. Commercial Automobile Liability
1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial
Automobile Liability shall provide coverage for the following automobiles:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits of not less
than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
Contractor shall provide the City with a current certificate of insurance including the following language: “The
City of Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability
policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an
additional insured and contain a statement that such policies of insurance shall not be canceled or amended
unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment.
12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this Agreement
4
without the prior written consent of the other except to the extent that the effect of this limitation may be
restricted by law. Any assignment in violation of this provision is null and void. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it
in the performance of the Services required by this Agreement. Any instrument in violation of this provision is
null and void.
13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which Consultant is to
perform and is customarily engaged in the independent performance of the same or similar services for
others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control
the manner in which the services are performed; however, the nature of the Services and the results to be
achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not
co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding
commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All
services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent
contractor and not as an employee of the City for any purpose, including but not limited to: income tax
withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility
for employee benefits.
14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to
provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers,
representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco,
drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable
work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation
of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for
immediate termination of the Agreement by the City.
15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall
constitute the entire agreement between the City and Consultant, and supersedes any other written or oral
agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the
City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or
attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and
Exhibits A or B, the terms of this Agreement shall prevail.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be
mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other
of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be
heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any
objection to the jurisdiction of these courts, whether based on convenience or otherwise.
5
18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances
of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the
City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested
Services.
19. Work Products and Ownership of Documents. All records, information, materials, and work product,
including, but not limited to the completed reports, data collected from or created by the City or the City’s
employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or
reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall
become the property of the City, but Consultant may retain reproductions of such records, information,
materials and work product. Regardless of when such information was provided or created, Consultant agrees
that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this
Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in
this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by
Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or
recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1)
factual support for such reports and recommendations; (2) a detailed explanation of the method used and data
relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the
methodology used. All of the obligations in this paragraph shall survive the completion or termination of this
Agreement. Any reuse of the records, information, materials, or work product without written verification or
adaptation by Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant.
20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or
other matters, in the City’s sole discretion.
21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement
shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it
receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to
provide access to public data to the public if the public data are available from the City, except as required by the
terms of this Agreement. These obligations shall survive the termination or completion of this Agreement.
22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with
regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of
this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section
504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A.
Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages,
reasonable attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws
by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives
and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities
to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in
order to comply with ADA requirements for effective communication with individuals with disabilities.
23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff
Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract
is _________, or designee who shall perform or supervise the performance of all Services.
6
24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally
delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested,
addressed to:
CONSULTANT THE CITY
WSB & Associates, Inc.
701 Xenia Avenue South Suite #300
Minneapolis, MN 55416
City of Golden Valley
Jeff Oliver
7800 Golden Valley Road
Golden Valley, MN 55437
joliver@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance with
this provision.
25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any
other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and
signed by an authorized representative of the party to be charged with such a waiver.
26. Headings. The headings contained in this Agreement have been inserted for convenience of reference
only and shall in no way define, limit or affect the scope and intent of this Agreement.
27. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the
Consultant’s receipt of payment from the City for undisputed Services provided by the subcontractor.
Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the
subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys’
fees, incurred in bringing the action.
28. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing
the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the
subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or
state that the City endorses its services without the City’s advanced written approval.
29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force
and effect.
30. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are
duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the
Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of
Consultant, described in this Agreement, personally.
31. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and
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the same instrument. This Agreement may be transmitted by electronic mail in portable document format
(“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures.
32. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated
into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
WSB & ASSOCIATES, INC: CITY OF GOLDEN VALLEY:
By: _________________________________
Name: ______________________________
Title: _______________________________
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
8
EXHIBIT A
SCOPE OF SERVICES
2020 RATE SCHEDULE
GEOTECHNICAL GROUP – 2020 UNIT RATE SHEET
CONSTRUCTION MATERIALS GROUP – 2020 UNIT RATE SHEET
G:\Group Data\WATER RESOURCES\WR Proposal Folder\Golden Valley\LTR PROP_2020PondCleanout_GoldenValley_021020.docx
February 10, 2020
Mr. Jeff Oliver, PE City of Golden Valley 7800 Golden Valley Road
Golden Valley, MN 55427
Re: Professional Services for 2020 Pond Maintenance for the City of Golden Valley
Dear Mr. Oliver:
We are pleased to present this work plan to provide professional engineering services to complete pond surveys, benefit-cost analysis, final design, and construction management for the 2020 Pond Maintenance Project. The goal of the project is to identify which ponds are in need of maintenance and determine the best cost-benefit for completing necessary maintenance within the City’s capital improvement budget. This will help ensure the selected ponds continue to meet the City’s stormwater management needs.
SCOPE OF ENGINEERING SERVICES
Task 1 – Project Management and Meetings ($3,200)
Project management will be performed throughout the course of the project. Project management will include attending meetings (developing agendas, preparing handouts/graphics, and completing minutes as
necessary), regular communication with the City, and management of the staff and budget. The following subtasks are included as part of Project Management:
1.1 Attend design update meetings with City staff and stakeholders.
1.2 Work with project team to coordinate project deliverables, schedule, andbudget.
Deliverables: Three (3) meetings with City staff (one to review pond design memos, one to review draft
construction plans, and one to deliver final construction documents).
Task 2 – Survey Verification and Sediment Testing ($5,900): April – May 2020
WSB will work with City staff to use the SWAMP pond modeling software application to determine inspection and maintenance activities. This scope also assumes survey verification of the following four ponds; ML-8, SL-10, SL-13, and SL-19 to confirm existing conditions and to help evaluate the extent of the maintenance needed. Based on the results of the surveys and benefit-cost analysis, it is anticipated that the City will select two ponds to move forward with investigating (testing pond sediments). The sediment characterization work will be performed in accordance with the MPCA’s May 2017 guidance document “Managing Stormwater Sediment Best Management Practices Guidance.” This document provides technical guidance for
characterizing sediment in stormwater ponds, including determination of the number of samples per pond
and potential contaminants to be analyzed. 7 0 1 X EN IA AV ENU E S | S U IT E 300 | M IN NE A P OLIS , M N | 55416 | 763. 541. 4800 | WS B E N G.C OM
G:\Group Data\WATER RESOURCES\WR Proposal Folder\Golden Valley\LTR PROP_2020PondCleanout_GoldenValley_021020.docx
This task will include collecting 2 sediment samples at each of two selected ponds (total of 4) as well as the lab fees to process each sample for the following parameters:
• Carcinogenic polycyclic aromatic hydrocarbons (cPAHs) using approved EPA Method 8270.
• Copper using approved EPA Method 6010.
• RCRA Metals using EPA Method 6010.
Deliverables: Pond Sediment Testing Spreadsheet. This includes lab fees which are anticipated to be
approximately $250 per test.
Task 3 – Benefit-Cost Analysis and Design Memos ($3,000): May – June 2020
Pond design memos will be completed for four potential pond projects to determine the extent of maintenance and the associated cost benefit of the maintenance options. The SWAMP application will be used to help efficiently complete this analysis. The memos will also identify historical wetland status, previous grading work or record drawing for each basin, construction access, and other factors that may affect final design and construction.
Deliverables: Four (4) Pond Design Memos.
Task 4 – Permit Coordination ($3,750): June – October 2020
This task consists of coordinating and obtaining the required permits for the proposed pond maintenance activities. It is anticipated that US Army Corps of Engineers Permitting will be required based on experience with similar projects. In addition, Wetland Conservation Act (WCA) No-Loss decision will likely also be necessary. The following subtasks are included in permit coordination:
4.1 US Army Corps of Engineers approval.
4.2 WCA No-Loss decision.
Deliverables: Necessary Permitting Documentation for the US Army Corps of Engineers and WCA. This
task does not include any necessary permit application fees; these will be passed on to the City if
applicable.
Task 5 – Construction Documents ($15,450): June – October 2020
This task consists of completing construction plans, specifications, and bidding documents for all pond improvement and maintenance activities. Plans will be developed using recent pond inspection data. In addition, one site visit is anticipated to confirm construction access and other constructability details. Plans
are anticipated to include: cover sheet, details, grading plan, restoration/erosion control, and site
access/traffic control. In addition, an Engineer’s cost estimate will be developed to verify consistency between the proposed improvements and the City’s budget.
This scope assumes answering questions during the bid process to help facilitate the understanding of construction expectations. It is important to note that this task does not include negotiating site access
with property owners and obtaining temporary easements or right-of- entry; however, we can assist with
this as needed. The following subtasks are included:
5.1 Prepare draft construction plans, specification, and updated cost estimate.
G:\Group Data\WATER RESOURCES\WR Proposal Folder\Golden Valley\LTR PROP_2020PondCleanout_GoldenValley_021020.docx
5.2 Finalize construction plans, specification, and bidding documents based on feedback
from City staff.
Deliverables: Final Plans, Specifications, and Bid Documents.
Task 6 – Construction Management ($13,000): November 2020 – Spring 2021
Construction management will be performed throughout the course of the construction schedule. This will include attending weekly progress meetings throughout the project, and other necessary construction coordination.
This task will include part-time observation (approximately 15 hours per week). This will include inspection of all critical construction components as well as regular check-ins with the contractor and the City.
This scope of services also includes all necessary construction staking and survey work, as well as the following subtasks:
6.1 Attend pre-construction meeting.
6.2 Attend weekly construction meetings as necessary.
6.3 Part-time construction observation.
6.4 Construction staking.
6.5 Record drawings.
Deliverables: Pre-Construction Meeting, Construction Meetings, Construction Observation, Construction
Staking, and Record Drawings.
TOTAL ESTIMATED ENGINEERING FEE
The cost to provide the scope of services outlined in this proposal will be billed hourly, based on our
current hourly rates. We are proposing to complete the Pond Surveys, Design Memos, and Final Design for the 2020 Pond Maintenance Project for a not-to-exceed fee of $44,300. If you are in agreement with the scope of services outlined above, please sign where indicated below and return one copy to our office. The necessary contract documents will then be provided. WSB will start work upon receipt of a signed contract. If you should have any questions regarding this proposal, please contact
Jake at 763-231-4861.
Sincerely, WSB
Jake Newhall, PE Project Manager
alp
Joey Abramson, PE
Project Engineer
LOCATION MAP
EXHIBIT B
2020 RATE SCHEDULE
GEOTECHNICAL GROUP – 2020 UNIT RATE SHEET
CONSTRUCTION MATERIALS GROUP – 2020 UNIT RATE SHEET
2020 Rate Schedule
Billing Rate/Hour
PRINCIPAL | ASSOCIATE
$152 - $192
SR. PROJECT ENGINEER | SR. PROJECT MANAGER
$152 - $192
PROJECT MANAGER
$135 - $150
PROJECT ENGINEER | GRADUATE ENGINEER
$90 - $146
ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST
$58 - $146
LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT
$70 - $150
ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST
$58 - $146
PLANNER | SR. PLANNER
$70 - $150
GIS SPECIALIST | SR. GIS SPECIALIST
$70 - $150
CONSTRUCTION OBSERVER
$95 - $120
SURVEY
One-Person Crew $149
Two-Person Crew $196
Three-Person Crew $211
OFFICE TECHNICIAN
$53 - $94
Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in
the above billing rates. Vehicle mileage is included in the above billing rates [excluding geotechnical and construction
materials testing (CMT) service rates]. | Permit fees are reimbursable expenses; however, the City prefers to pay permit
fees directly. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted
annually.
WSBENG.COM 1 OF 4
2020 Geotechnical Rate Schedule
Description Code Unit Rate
PERSONNEL CHARGES
2-Person Drilling Crew/Non-Drilling Act 6000 Per Hour $180
2-Person Drilling Crew 6001 Per Hour $220
2-Person Drilling Crew – Prevailing Wage 6002 Per Hour $300
One-Person Traffic Control (Flagging) 6080 Per Hour $80
Two-Person Traffic Control (Flagging) 6090 Per Hour $160
EQUIPMENT CHARGES
Truck-Mounted Drilling Rig 6040 Per Hour $60
Track-Mounted Drilling Rig 6050 Per Hour $110
Trailer Rental (Track-Mounted Drill Rig) 6060 Per Project $350
Drilling Consumables 6070 Per Project Variable
TRIP CHARGES
Drilling Rig Mileage 6010 Per Mile $1.35
Semi-Tractor Transport Mileage 6020 Per Mile $2.20
Support Truck Mileage 6030 Per Mile $1.05
WSBENG.COM 1 OF 4
2020 Construction Materials Rate Schedule
Description Code Unit Rate
SOILS
Vibration Monitoring 2112 Per Month $1,000
Sample Preparation 3200 Per Sample $25
Unified Soil Classification 3210 Per Sample $15
Visual Soil Identification 3220 Per Sample $15
Hand Penetrometer/Torvane 3225 Per Test $10
Liquid Limit or Plastic Limit Only 3230 Per Test $60
Atterberg Limits, P.I. 3240 Per Test $125
Shrinkage Limit 3245 Per Test $110
Water/Moisture Content 3250 Per Test $15
pH Determination 3251 Per Test $45
Dry Density w/ Moisture 3252 Per Test $40
Topsoil Borrow 3253 Per Test $280
Organic Content 3255 Per Test $65
Standard Proctor 3260 Per Test $150
Proctor Sample Preparation 3265 Per Test $30
Modified Proctor 3270 Per Test $175
Proctor – One Point Check 3275 Per Test $60
Sieve Analysis w/Hydrometer 3280 Per Test $220
Sieve Analysis w/#200 Wash 3290 Per Test $165
Permeability – Falling Head 3302 Per Test $230
Specific Gravity 3305 Per Test $120
#200 Wash Only 3400 Per Test $65
Unconfined Compression 3410 Per Test $100
Consolidation – Up to 32 TSF 3420 Per Test $600
Sand Equivalent 3430 Per Test $200
Dynamic Cone Penetrometer 3500 Per Test $45
Static Cone Penetrometer 3502 Per Test $30
Nuclear Density 3510 Per Test $17
Sand Cone Density 3520 Per Test $30
Electrical Resistivity - Miller Box 3550 Per Test $90
Wenner Probe 3560 Per Day $200
Double Ring Infiltrometer 3570 Per Day $275
WSBENG.COM 2 OF 4
2020 Construction Materials Rate Schedule
Description Code Unit Rate
AGGREGATES
Reducing Sample 3010 Per Sample $20
Sieve Analysis 3020 Per Test $100
Sieve Analysis w/#200 Wash 3025 Per Test $150
Flat & Elongated 3030 Per Test $85
Specific Gravity & Absorption (ASTM) 3040 Per Test $110
Specific Gravity & Absorption (MnDOT) 3041 Per Test $330
Fine Aggregate Angularity 3050 Per Test $75
Abrasion L.A. Rattler 3060 Per Test $120
Clay Lumps & Friable 3070 Per Test $100
Percent Crushed 3090 Per Test $75
Flakiness Index 3095 Per Test $100
Moisture Content 3100 Per Test $20
Insoluble Residue 3110 Per Test $240
Soundness 3120 Per Test $250
Organic Impurities 3130 Per Test $60
Unit Weight 3140 Per Test $65
#200 Wash Only 3150 Per Test $65
Lightweight Particles 3160 Per Test $130
Total Spall - Visual 3256 Per Test $175
WSBENG.COM 3 OF 4
2020 Construction Materials Rate Schedule
Description Code Unit Rate
CONCRETE
Cylinder Molds 2020 Per Mold $2.50
Preparation of Cylinder Ends 2030 Per Cylinder $15
Compressive Strength – Cylinder 2040 Per Cylinder $30
Compressive Strength – Mortar Cube 2050 Per Cube $30
Compressive Strength – Grout Prism 2055 Per Prism $60
Compressive Strength – Masonry Prism 2060 Per Prism $220
Compressive Strength – CMU Block 2070 Per Block $150
Schmidt Rebound Hammer 2080 Per Day $40
Pullout Strength 2090 Per Day $250
Flexural Strength – Beams 2095 Per Beam $105
Compressive Strength – Cores 2100 Per Core $80
Ground Penetrating Radar 2110 Per Hour $75
Maturity Meter 2111 Per Sensor $45
Floor Flatness & Levelness 2270 Per Day $250
Concrete Slab Moisture 3101 Per Test $50
BITUMINOUS
Saw Trimming of Core Lifts 4010 Per Core $20
Extraction 4030 Per Test $150
Extracted Gradation 4040 Per Test $75
Rice Specific Gravity 4050 Per Test $85
Gyratory Gravity Only 4060 Per Test $200
Core Thickness 4070 Per Core $15
Pavement Density & Thickness 4080 Per Core $50
MnDOT Gyratory Mix Properties 4090 Per Test $550
Nuclear Density 4100 Per Test $17
FIREPROOFING
Sprayed Fire Material Pull Test 6510 Per Test $65
Sprayed Fire Material Thickness & Density 6520 Per Test $70
2020 Construction Materials Rate Schedule
Description Code Unit Rate
TRIP CHARGES
Roundtrip Mileage 1 - 10 Miles N/A Per Trip $0
Roundtrip Mileage 11 - 20 Miles 2120 Per Trip $20
Roundtrip Mileage 21 - 35 Miles 2130 Per Trip $30
Roundtrip Mileage 36 - 50 Miles 2140 Per Trip $40
Roundtrip Mileage 51 - 65 Miles 2150 Per Trip $50
Roundtrip Mileage 66 - 80 Miles 2160 Per Trip $60
Roundtrip Mileage 81 - 95 Miles 2170 Per Trip $70
Roundtrip Mileage 96 - 110 Miles 2180 Per Trip $80
Roundtrip Mileage 111 – 125 Miles 2190 Per Trip $90
Roundtrip Mileage 126+ Miles 2200 Per Trip $100
Description Code Unit Rate
PERSONNEL CHARGES
CMT Engineering Technician I CMT01 Per Hour $60
CMT Engineering Technician II CMT02 Per Hour $80
CMT Engineering Technician III CMT03 Per Hour $90
CMT Engineering Technician IV CMT04 Per Hour $110
Project Administration CMT90 Per Hour $70
Project Management CMT80 Per Hour $130
Project Assistant CMT70 Per Hour $90
Coring 1-Person Crew 9761 Per Hour $175
Coring 2-Person Crew 9762 Per Hour $265
Rate Schedule is adjusted annually | Roundtrip Mileage from nearest WSB Laboratory
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. E. 2. Approve Purchase of City Vehicles
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Summary
Staff replace City vehicles yearly to keep the fleet in good working condition and stabilize the
budgetary impact from year to year. Staff evaluate vehicles and equipment on an annual basis to
determine replacement programing.
The vehicles scheduled for replacement meets the criteria set forth in the City’s Vehicle Replacement
Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment
scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of
qualifies for replacement.” A vehicle or equipment scoring 28 points and above meets the category of
needs immediate consideration.” Below is a summary of the ratings:
Vehicle Condition Index
Qualifies for Replacement
23-27
Needs Immediate Consideration
28 and above
Vehicle Unit No. Year/Make/Model VCI
Engineering Department Pickup 236 2008 Ford Ranger Pickup 29
Street Department Pickup 790 2010 Ford F-250 Super Cab Pickup 30
Utility Department Pickup 688 2010 Ford F-150 Crew Cab Pickup 31
Staff recommend purchasing the vehicles and utility box from the state contract through the State of
Minnesota’s cooperative purchasing venture (CPV).
The existing unit 688 pickup being replaced will be reassigned to the Park and Recreation Department
to replace unit 155, a 1995 Chevrolet Suburban. Unit 155 is used to pull the puppet wagon during the
summer for recreation programs.
City Council Regular Meeting Executive Summary
City of Golden Valley
March 17, 2020
2
Financial Or Budget Considerations
The 2020 Vehicles and Equipment Capital Improvement Program includes $40,000 and $35,000 for the
purchase of the Engineering and Street Department vehicles (V&E-063 and V&E-072 respectfully). The
total cost for the two vehicles is $74,368.15
The 2020 Water & Sewer Systems CIP includes $40,000 for the purchase of the Utility Department
pickup (W&SS-011). The total cost for the pickup is $36,459.40.
Recommended Action
Motion to approve purchase of 3 pickups from Midway Ford in the amount of $101,086.60.
Motion to approve purchase of utility box from Twin Star Equipment & Mfg. in the amount of
9,740.95.
Supporting Documents
Midway Ford F-150 Super Cab Quote (1 page)
Midway Ford F-150 Crew Cab Quote (1 page)
Midway Ford F-250 Super Cab Quote (1 page)
Twin Star Equipment & Mfg. Quote (2 pages)
Midway Ford Commercial Travis Swanson
Fleet and Government Sales 651-343-5212
2777 N. Snelling Ave. tswanson@rosevillemidwayford.com
Roseville MN 55113
Fax # 651-604-2936
FTM8 Contract # 169665
2020 F-150 4X4- Super Cab- 6.5' Box
Standard
Automatic Transmission 40/20/40 Vinyl Seat 3.3L V6
Air Conditioning Dual Front Air Bags Rubber Floor Covering
AM/FM Radio 4-Wheel ABS Brakes Bumpers w/Rear Step
Matching Full Size Spare Tire Tilt Wheel Rear View Camera
Sync
Options Code Price Select
101A Package 101A $2,256 x
Power Windows, Locks, Cruise, Sync Bluetooth)
Skid Plates 413 $146 x
Running Boards 18B $228 x Exterior Colors Code Select
Tailgate Step 63T $341 x Blue Jeans Metallic N1
Block Heater 41H $82 Race Red PQ
110V Outlet 91V $182 x Stone Gray Metallic LQ
Privacy Glass 924 $91 x Shadow Black G1
Rear Defrost 57Q $201 x Magnetic Metallic J7
Reverse Sensing 76R $250 x Ingot Silver Metallic UX
Mud Flaps $250 x Oxford White YZ x
Spray-In Bedliner $542 x
Backrack $650 x
Seat Covers Front/Rear $700 x Extended Service Contracts Cost Select
WeatherTechs Front/Rear $220 x
XL Chrome Package 86A $705 x
Daytime Running Lights 942 $41 x
Heated Mirrors 54R $277 x
LED Mirror Spot Lights 59S $159 x
Option Total $7,321 You must have a active FIN code to participate in this
Base Price Totals purchase contract : FIN code #
23,991.40 Purchase Order required prior to order placement
Options Price Totals $7,321.00
Extended Warranty PO #
Transit Impr Excise Tax $20.00
Tax Exempt Lic
6.5% Sales Tax Name of Organization
Document fee
Sub total per vehicle $31,332.40
Number of Vehicles 1 Address
Grand Total for all units $31,332.40
City, State, Zip
Acceptance Signature Contact Person/ Phone #
Print Name and Title Date Contact's e-mail address and fax #
Midway Ford Commercial Travis Swanson
Fleet and Government Sales 651-343-5212
2777 N. Snelling Ave. tswanson@rosevillemidwayford.com
Roseville MN 55113
Fax # 651-604-2936
FTM10 Contract # 169665
2020 F-150 4X4- Crew Cab- 5.5' Box
Standard
Automatic Transmission 40/20/40 Vinyl Seat 3.3L V6
Air Conditioning Dual Front Air Bags Rubber Floor Covering
AM/FM Radio 4-Wheel ABS Brakes Bumpers w/Rear Step
Matching Full Size Spare Tire Tilt Wheel Bluetooth
Rear View Camera
Options Code Price Select
101A Package 101A $2,256 x
Power Windows, Locks, Cruise, Sync Bluetooth)
5.0L V8 995 $1,816 x
Trailer Tow Package 53A $906 x
Skid Plates 413 $146 x
Running Boards 18B $228 x Exterior Colors Code Select
Tailgate Step 63T $341 x Blue Jeans Metallic N1
Heated Mirrors 54R $277 x Race Red PQ
LED Mirror Spot Lights 59S $159 x Caribou Metallic LQ
110V Outlet 91V $182 x Shadow Black G1
Privacy Glass 924 $91 x Magnetic Metallic J7
Rear Defrost 57Q $201 x Iconic Silver Metallic JS
Reverse Sensing 76R $250 x Oxford White YZ x
Mud Flaps $250 x
Spray-In Bedliner $542 x
Backrack $650 x Extended Service Contracts Cost Select
Seat Covers Front/Rear $700 x
WeatherTechs Front/Rear $220 x
XL Chrome Package 86A $705 x
Daytime Running Lights 942 $41 x
Brake Controller 67T $250 x
Option Total $10,211 You must have a active FIN code to participate in this
Base Price Totals purchase contract : FIN code #
26,228.40 Purchase Order required prior to order placement
Options Price Totals $10,211.00
Extended Warranty PO #
Transit Impr Excise Tax $20.00
Tax Exempt Lic
6.5% Sales Tax Name of Organization
Document fee
Sub total per vehicle $36,459.40
Number of Vehicles 1 Address
Grand Total for all units $36,459.40
City, State, Zip
Acceptance Signature Contact Person/ Phone #
Print Name and Title Date Contact's e-mail address and fax #
Midway Ford Commercial Travis Swanson
Fleet and Government Sales 651-343-5212
2777 N. Snelling Ave. tswanson@rosevillemidwayford.com
Roseville MN 55113
Fax # 651-604-2936
FTM24 Contract # 169665
Standard
Automatic Transmission 40/20/40 Vinyl Front Seat Front Tow Hooks
Dual Front Air Bags Standard Base Upholstery Rubber Floor Covering
AM/FM Radio 4-Wheel ABS Brakes Black Bumpers w/Rear Step
Tow Hitch Air Conditioning Matching Full Size Spare Tire
Tilt Wheel LT245/75r17 E All Season Tires 6.2L V8 E85
Sync Shift on Fly 4x4 Rear View Camera
Options Code Price Select
7.3L V8 99N $1,861 x Exterior Colors Code Select
Snow Plow/Camper Pkg 47B $223 x Blue Jeans Metallic N1
3.73 E-Locker X3E $355 x Race Red PQ
LT245/75r17E AT tires TBM $150 x Stone Gray Metallic LQ
Power Group 90L $832 x Shadow Black G1
Roof Clearance lighst 592 $88 x Magnetic Metallic J7
Skid Plates 41P $91 x Ingot Silver Metallic UX
Dual batteries 86M $191 x Oxford White Z1 x
240 Amp Alternator 67E $78 x
Brake Controller 52B $246 x
Upfitter Switches 66S $150 x Extended Service Contracts Cost Select
XL Décor Group 17F $201 x
Weathertechs $220 x
Seat Covers $399 x
Luverne grip steps $750 x
110V Outlet 43C $159 x
Option Total $5,994 You must have a active FIN code to participate in this
Base Price Totals purchase contract : FIN code #
6.2 Gas $27,280.80 Purchase Order required prior to order placement
Options Price Totals $5,994.00
Extended Warranty PO #
Transit Impr Excise Tax $20.00
Tax Exempt Lic
6.5% Sales Tax Name of Organization
Document fee
Sub total per vehicle $33,294.80
Number of Vehicles 1 Address
Grand Total for all units $33,294.80
City, State, Zip
Acceptance Signature Contact Person/ Phone #
Print Name and Title Date Contact's e-mail address and fax #
2020 F250 4X4- Super Cab- 8' Box
Page | 1
1950 202nd Street East Clearwater, MN 55320
Office 320-558-2800 Fax 320-558-2809 Parts 320-558-2810
March 13, 2020 MN STATE CONTRACT #T-765 PRICING
City of Golden Valley
Marshall Beugen mbeugen@goldenvalleymn.gov
7800 Golden Valley Road
Golden Valley, MN 55427 763-593-8085
Dear Marshall;
Twin Star Equipment & Mfg Co is pleased to provide the following quote:
Duramag Aluminum Service Body (56” C/A SRW) Pickup Box Delete
Body Dimensions – 80” x 104” $7,709.65
All Aluminum Extruded Box Tube Construction
Fully Welded Assembly
Extreme Duty .625 Interlocking Aluminum Floor
Heavy Slam Latch Tailgate
Inner Bed Walls & Top of Compartments 1/8” Diamond Plate
Adjustable Shelf Brackets in All Compartments (One Shelf Included in Each
Compartment)
Welded Fender Flares
Tread Plate Splash Guards on Front Continuous
HD Aluminum Piano Door Hinges
Pass Through Panel Between Rear & Center Compartments
Sand-Blasted Metal Preparation
LED Marker Lights, Installed
LED Penny Lights for Compartments, Installed Ultra-
Thin 6” LED STT/BU Body Lights, Installed OEM Plug
Play Wire Harness – Body End Only Powder
Coated White, Black, or Red
Standard Non-Lighted Bumper
Professional Installation $1,225.00
Add for Low Profile Sides ILO Standard $220.00
4 Pack of Additional Compartment Shelves $458.90
Additional Compartment Shelf $127.40
Total Package Price: $9,740.95
Page | 2
Options – Non-Contract Items :
10 LED Class 1 Rated Warning Lights: $775.00
2) In The Truck Grille
2) Front Facing on Cab Shield
2) Side Facing on Cab Shield
2) Side Facing on Rear Pillars
2) 6” Oval In Rear Apron
Steve Bergeron
701-929-0531
Many customizable options are also available.
Please inquire for custom specifications or custom options.
This quote is valid for 30 days after date issued. 25% down payment
due with order. All taxes, including FET are additional.
Acceptance of Quotation:
I hereby authorize Twin Star Equipment & Mfg to complete work as outlined on this
Quotation. Full payment will be due upon completion of project, or delivery of products
outlined. I agree to payment terms. I also acknowledge that I am authorized by the
Company listed to complete this transaction on behalf of the Company.
Signature Name Date
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. E. 3. Approve Design Services for Douglas Drive/Trunk Highway 55 Pedestrian Underpass and
Roundabout Project
Prepared By
Jeff Oliver, City Engineer
Summary
The work will advance the preliminary design of the Douglas Drive and Trunk Highway 55 Pedestrian
Underpass and associated roadway and utility improvements. The design is currently at the 30% level
and will be advanced to the 75 % level. Tasks include: private Utility coordination, survey work as
needed, geotechnical work including soil borings, structural design of the underpass, headwalls, and
retaining walls, coordination with MnDOT and Perpich Center, analysis of traffic operations, cost
estimating, and preparation of preliminary plans. This project should last approximately six to nine
months.
Tasks Project Cost
Task 1 – Preliminary Design/Data
Collection/Agency Coordination
$29,272
Task 2 – Structural Design $15,512
Task 2 – 75% Design $34,688
Total Cost $74,924
Financial Or Budget Considerations
The total cost for WSB & Associates, Inc. to provide 75% Design services for the Douglas Drive & Trunk
Highway 55 Pedestrian Underpass and Roundabout Project is $74,924. Anticipated funding for these
services in included in the 2020 Street CIP Program (S-048) in the amount of $75,000.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement for Design Services for
Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Roundabout Project #20-19 in the form
approved by the City Attorney with WSB & Associates for an amount not to exceed $74,924.
Supporting Documents
City Council Regular Meeting Executive Summary
City of Golden Valley
March 17, 2020
2
• Location Map (1 page)
• Agreement with WSB & Associates (15 pages)
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Print Date: 3/13/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers.
LocationMap
1
PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES FOR DOUGLAS DRIVE AND TRUNK HIGHWAY 55
PEDESTRIAN UNDERPASS AND ROUNDABOUT
WITH WSB AND ASSOCIATES
THIS AGREEMENT is made this March 17, 2020 (“Effective Date”) by and between WSB and Associates a
Minnesota corporation with its principal office at 701 Xenia Avenue South, Suite #300, Minneapolis, MN
55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation
located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of providing professional engineering consulting services.
B. The City desires to hire Consultant to provide Engineering Services for the Douglas Drive and
Trunk Highway 55 South Frontage Road Pedestrian Tunnel and Roundabout Project
C. Consultant represents that it has the professional expertise and capabilities to provide the City
with the requested professional services.
D. The City desires to engage Consultant to provide the services described in this Agreement and
Consultant is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1. Services. Consultant agrees to provide the City with professional consulting services as described
in the attached Exhibit A (the “Services”) at the locations depicted in the attached Exhibit A. Exhibits A
and B shall be incorporated into this Agreement by reference. All Services shall be provided in a manner
consistent with the level of care and skill ordinarily exercised by professionals currently providing similar
services. Consultant may reasonably rely on information and documents provided by or through the City.
2. Time for Completion. The Services shall be completed on or before May 31, 2020, provided that
the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain
in force and effect commencing from the effective date and continuing until the completion of the project,
unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary
out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit B.
Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed
$74,924. The consideration shall be for both the Services performed by Consultant and any and all
expenses incurred by Consultant in performing the Services. The City shall make progress payments to
Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list
of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing
period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted.
2
4. Approvals. Consultant shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval
may be provided via electronic mail.
5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Consultant, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Consultant’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that
the books, records, documents, and accounting procedures and practices of Consultant, that are relevant
to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature,
or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but
not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or
professional assistance to the extent resulting from Consultant’s (or its subcontractors, agents, volunteers,
members, invitees, representatives, or employees) negligent performance of the duties required by or arising
from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by
Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this
Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation
of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive
the completion or termination of this Agreement.
3
11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any work related to the approved project can be performed, Contractor
shall maintain at a minimum:
A. Workers’ Compensation and Employers’ Liability
1. Coverage A: Per state statute
2. Coverage B: $500,000 each accident
$500,000 Disease – policy limit
$500,000 Disease – each employee
B. Commercial General Liability
1. $200,000,000 General Aggregate
2. $2,000,000 Products—Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personal Injury
C. Commercial Automobile Liability
1. $1,000,000 Combined single limit bodily injury and property damage. The
Commercial Automobile Liability shall provide coverage for the following
automobiles:
i. All owned automobiles
ii. All non-owned automobiles
iii. All hired automobiles
D. Umbrella Liability
1. $10,000,000 Each claim
2. $10,000,000 Annual aggregate
The umbrella liability shall provide excess limits for the commercial general liability policies.
E. Professional and Pollution Incident Liability
Professional liability insurance including pollution incident liability coverage with limits of
not less than:
1. $5,000,000 per claim
2. $5,000,000 annual aggregate
Contractor shall provide the City with a current certificate of insurance including the following
language: “The City of Golden Valley is named as an additional insured with respect to the commercial
general liability, business automobile liability and umbrella or excess liability, as required by the
contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate
of liability insurance shall list the City as an additional insured and contain a statement that such policies
of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or
10 days’ written notice in the case of non-payment.
4
12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest
(including, but without limitation, moneys that may become due or moneys that are due) in this
Agreement without the prior written consent of the other except to the extent that the effect of this
limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent Consultant from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this
Agreement. Any instrument in violation of this provision is null and void.
13. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be
performed with the understanding that Consultant has special expertise as to the services which
Consultant is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Consultant shall provide or contract for all required equipment and personnel.
Consultant shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Consultant pursuant to this
Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees
to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Consultant, and supersedes any other written
or oral agreements between the City and Consultant. This Agreement may only be modified in a writing
signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between
this Agreement and Exhibits A or B, the terms of this Agreement shall prevail.
16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving
notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute,
controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all
5
parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in its representation of the City. In the event of a conflict of interest,
Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be
unable to provide the requested Services.
19. Work Products and Ownership of Documents. All records, information, materials, and work
product, including, but not limited to the completed reports, data collected from or created by the City or
the City’s employees or agents, raw market data, survey data, market analysis data, and any other data,
work product, or reports prepared or developed in connection with the provision of the Services pursuant
to this Agreement shall become the property of the City, but Consultant may retain reproductions of such
records, information, materials and work product. Regardless of when such information was provided or
created, Consultant agrees that it will not disclose for any purpose any information Consultant has
obtained arising out of or related to this Agreement, except as authorized by the City or as required by
law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or
interests in any intellectual property created by Consultant prior to the effective date of this Agreement;
however, to the extent Consultant generates reports or recommendations for the City using proprietary
processes or formulas, Consultant shall provide the City (1) factual support for such reports and
recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the
recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of
the records, information, materials, or work product without written verification or adaptation by
Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant.
20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for
this or other matters, in the City’s sole discretion.
21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant,
created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Consultant to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
22. No Discrimination. Consultant agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or
proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members,
officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request,
Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services
6
under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with
ADA requirements for effective communication with individuals with disabilities.
23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of
this contract is ______, or designee who shall perform or supervise the performance of all Services.
24. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONSULTANT THE CITY
WSB & Associates, Inc.
701 Xenia Avenue South #300
Minneapolis, MN 55416
City of Golden Valley
Jeff Oliver
7800 Golden Valley Road
Golden Valley, MN 55437
joliver@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless
made in writing and signed by an authorized representative of the party to be charged with such a
waiver.
26. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
27. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days
of the Consultant’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded
its costs and disbursements, including attorneys’ fees, incurred in bringing the action.
28. Publicity. At the City’s request, the City and Consultant shall develop language to use when
discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the
Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not
use the City’s logo or state that the City endorses its services without the City’s advanced written
approval.
29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
7
30. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Consultant did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Consultant, described in this Agreement, personally.
31. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
32. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
WSB & ASSOCIATES, INC. CITY OF GOLDEN VALLEY:
By:
Name:
Title:
By:
Shepard M. Harris, Mayor
By:
Timothy J. Cruikshank, City Manager
8
EXHIBIT A
SCOPE OF SERVICES
DETAILED COST BREAKDOWN OF TASKS
LOCATION MAP
Proposal – Douglas Drive/TH 55 Frontage Road Pedestrian Tunnel and Mini-Roundabout
Engineering Services
City of Golden Valley
Page 1
January 27, 2020
Mr. Jeff Oliver, PE
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Douglas Drive/TH 55 S. Frontage Road Pedestrian Tunnel and Mini-Roundabout
Proposal for Engineering Services
City of Golden Valley, MN
Dear Mr. Oliver:
WSB & Associates, Inc. (WSB) are pleased to submit the attached proposal for the design of a
pedestrian tunnel and mini-roundabout at the intersection of Douglas Drive/TH 55 and the South
Frontage Road. WSB has developed the plan to an approximate 30% level, and we would work to
complete the plan to a 75% level to get a solid understanding of cost and feasibility.
The total for this work is $79,472. This includes the cost for preliminary design, structural design
and 75% plan production.
If you have any questions about this proposal, please do not hesitate to contact me at 763-287-
7149.
Sincerely,
WSB
Andrew Plowman, PE
Project Manager/Principal
Attachments 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 5 5 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M
Proposal – Douglas Drive/TH 55 Frontage Road Pedestrian Tunnel and Mini-Roundabout
Engineering Services
City of Golden Valley
Page 2
Douglas Drive/TH 55 S. Frontage Road Pedestrian Tunnel and Mini-
Roundabout
Engineering Services
SCOPE OF WORK
Task 1 – Preliminary Design/Data Collection/Agency Coordination
1.1 Project Management Team (PMT)/Agency Meetings: This task will include monthly
PMT meetings (assume 5) as well as up to 5 meetings with agencies that may be
affected by the proposed work. This may include Met Council, Perpich School and
MnDOT.
1.2 Utility Coordination Process: This task will include identifying the existing utilities in
the area and understanding the relocations that would be required to place the
proposed improvements.
1.3 Supplemental Survey: WSB will utilize the survey already obtained as part of the
previous project. However, some of the existing survey may be out of date this task
will be used to gather the new data.
1.4 Traffic Operations Review: WSB will review and model the TH 55 signal with the
mini-roundabout operation.
1.5 Layout Review/Concept Development: WSB will review the geometrics generated a
few years ago,and make modifications based upon the existing geometrics.
Task 2 – Structural Design
2.1 Geotechnical Review: WSB will evaluate the geotechnical reports and boring data to
evaluate boring pressure and groundwater data. If additional borings are needed, that
will be recommended.
2.2 Box Culvert Graphics: WSB will determine the size of box and portal locations,
elevations, and features. In addition, WSB will list potential issues with utilities,
maintenance, staging and other boundary constraints.
2.3 Portal Wall Concept Graphics: WSB will determine size and shape of portal walls
and barriers at ends of box culvert.
2.4 Retaining Wall Concept Graphics: Determine retaining wall type(s), railing needs and
estimate costs. Also determine the construction limits with the walls.
Proposal – Douglas Drive/TH 55 Frontage Road Pedestrian Tunnel and Mini-Roundabout
Engineering Services
City of Golden Valley
Page 3
Task 3 – 75% Design
3.1 Cost Estimate: WSB will prepare a cost estimate of the proposed improvements. This will
include the cost of the box culvert, retaining walls, mini-roundabout, trails, forcemain
relocations, lighting and signal relocations.
3.2 MnDOT Geometric Layout/Visualizations: WSB will prepare a MnDOT Geometric Layout
meeting Level 1 standards. WSB will also prepare visualization services to aid in showing
the benefits of the improvements.
3.3 75% Plan Preparation: WSB will complete design plans that meet MnDOT standards. The
plans will include necessary design components to get a sense of the work needed to
complete the project.
ESTIMATED COST
The table below shows a summary of WSB’s estimate of the cost for the work described above. The estimated cost is $79,472. This includes WSB’s labor at our standard hourly billing rates. WSB will bill the City for the actual hours
worked up to the maximum of $79,472. A detailed breakdown of the hours can be found on the following page.
Tasks
Project Cost
Task 1 – Preliminary Design/Data
Collection/Agency Coordination
$29,272
Task 2 – Structural Design $15,512
Task 2 – 75% Design $34,688
Total Cost $79,472
Task
Description
Project
Manager
Project
Engineer
Structural
Engineer
Traffic Engineer 2 Person
Survey
Crew
CAD Tech /
Visualization
Clerical Total
Hours
Cost
1.0 Preliminary Design/Data Collection/Agency Coordination
1.1 PMT/Agency Meetings 32 12 12 4 4 64 $10,088.00
1.2 Utility Coordination Process 8 12 4 24 $3,376.00
1.3 Supplemental Survey 4 8 12 $2,344.00
1.4 Traffic Operations Review 4 24 28 $3,520.00
1.5 Layout Review/Concept Development 16 32 4 16 68 $9,944.00
56 64 1 6 28 8 16 8 196 $29,272.00
2.0 Structural Design
2.1 Geotechnical Review 8 8 $1,328.00
2.2 Box Culvert Graphics 2 8 20 4 34 $5,288.00
2.3 Portal Wall Graphics 8 12 4 24 $3,608.00
2.4 Retaining Wall Graphics 2 8 20 4 34 $5,288.00
100 $15,512.00 4 24 6 0 12
3.0 75% Design
3.1 Cost Estimate 4 16 8 28 $4,208.00
3.2 MnDOT Geometric Layout/Visualization 8 24 4 36 72 $9,920.00
3.3 75% Plan Preparation 16 54 24 8 36 8 146 $20,560.00
28 94 32 12 72 8 246 $34,688.00
Total Hours 88 18 2 1 0 8
40 8 100 1 6 542 $79,472.00
$79,472.00
Douglas Drive/TH 55 S. Frontage Road Pedestrian Tunnel and
Mini-Roundabout
Detailed Cost Breakdown of Tasks
Hourly Costs $176.00 $136.00 $166.00 $124.00 $225.00 $132.00 $84.00
Georgia Ave N Pond
Golden Valley
Historical
Society
emorial H
Perpich
Center for
S Frontage Rd
Arts Education Perpich Center Ball Fields
Soccer Field Yosemite
745640
Idaho Wetland
Georgia Open Space
West Pond
Paisley Park
Park
Lori
Western Ave
County Rd 40
Location
Print Date: 3/13/2020
Sources:
-Hennepin County Surveyors Office for
Glen
Glenwood Av I
Map Property Lines (2020).
0 270
540 1,080
Feet
N Fronta
Lindsay St
!
M Val ge Rd Jersey Ave N Jersey Ave N Idaho Idaho Ave N Idaho Hampshire Ave N Hampshire a Flo Edgewood Ave N ! Douglas Dr County Rd 102 ! Zane Ave N ! ! -City of Golden Valley for all other layers.
EXHIBIT B
2020 RATE SCHEDULE
5
2020 Rate Schedule wsb
Billing Rate/Hour
PR/NC/PAL ASSOCIATE
$152- $192
SR. PROJECT ENGINEER SR. PROJECT MANAGER
$152 - $192
PROJECT MANAGER
$135 - $150
PROJECT ENGINEER GRADUATE ENGINEER
$90 - $146
ENG/NEERING TECHNICIAN ENGINEER /N G SPECIALIST
$58- $146
LANDSCAPE ARCHITECT SR. LANDSCAPE ARCHITECT
$70 - $150
ENVIRONMENTAL SCIENTIST SR. ENVIRONMENTAL SCIENTIST
$58 - $146
PLANNER SR. PLANNER
$70-$150
GIS SPECIALIST SR. GIS SPECIALIST
$70 - $150
CONSTRUCTION OBSERVER
$95 - $120
SURVEY -
One-Person Crew $149
Two-Person Crew $196
Three-Person Crew $211
OFFICE TECHNICIAN
$53 - $94
Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are
included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and
construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract.
Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery
costs; etc. Multiple rates illustrate the varying levels of experience within each category. Rate Schedule is adjusted
annually.
gofdt:v'11va ey EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
3. F. 1. Approve Grant Agreement with the Minnesota Department of Natural Resources for
Pennsylvania Woods Habitat Restoration
Prepared By
Drew Chirpich, Environmental Specialist
Summary
The Minnesota Department of Natural Resources (DNR) manages the Conservation Partners Legacy
(CPL) program to provide competitive matching grants to restore, protect or enhance prairies,
wetlands, forests, or habitat for fish, game, or wildlife in Minnesota. Nonprofit organizations and
government entities are eligible for CPL funding. In 2019 this grant program funded work in the Bassett
Creek Nature Area.
City staff recognized this as an excellent opportunity to fund restoration and habitat enhancement in
one of its natural areas, Pennsylvania Woods. The scope of the project will be to remove invasive
species such as buckthorn and to seed and plant desirable native species that enhance habitat,
recreational use, and prevent erosion throughout the nature area. As shown on the attached location
map, the restoration work would occur only in areas of Pennsylvania Woods Park not be impacted by
the Decola Ponds B & C expansion project.
This work aligns with the City's goals in its Natural Resource Management Plan. Goal #1 is to protect,
preserve, restore, enhance and acquire natural areas and open space. Within the plan are concept
plans and implementation actions for each nature area. Staff worked with the Environmental
Commission to prioritize work in its nature areas, and based upon many criteria, Pennsylvania Woods
ranked first for this type of restoration project.
On January 2, 2020, the City Council approved a resolution authorizing the execution of a Conservation
Partners Legacy Grant application with the Minnesota Department of Natural Resources. The DNR
recently notified the staff that Golden Valley was awarded the full $50,000 grant request to complete
the restoration project. Removal of invasive species within the Nature Area is expect to commence in
the fall of 2020. Ongoing integrated plant management for the project will continue through 2023.
City Council Regular Meeting
City of Golden Valley
March 17, 2020
Executive Summary
The anticipated project timeline is as follows:
February 2020:
March 2020:
April 2020:
May 2020:
Grant Awarded
City Council approves grant agreement
Request for quotes
City Council approves project contract
Financial or Budget Considerations
2
The award for the grant is $50,000. The City will be required to provide a local match of 10% cash or in
kind resources up to $5,000. Funding is available in the Environmental Control Account 7303.6340.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement with the Department of
Natural Resources in the form approved by the City Attorney authorizing execution of Resolution #20-
02 to implement the Grant Agreement for the Pennsylvania Woods Natural Habitat Restoration.
Supporting Documents
•Location Map (1 page)
•Resolution #20-02 Authorizing Conservation Partners Legacy Grant Application (2
pages)
•Conservation Partners Legacy Grant Program Encumbrance Agreement (17 pages)
RhodeIsland Ave NDeColaPondB
PennsylvaniaWoods DeColaPond C
DeColaPondADeCola
Pond DPennsylvania Ave NPennsylvania
WoodsVegetation Project
Area Penn sylvania Wood s
Trail Loop Upland/
Woodland Seed M ix(4.88 ac.)
Wet Prairie M ix (0.
41 ac.)Decola
RESOLUTION NO. 20-02
RESOLUTION AUTHORIZING EXECUTION OF A
CONSERVATION PARTNERS LEGACY GRANT APPLICATION
WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
BE IT RESOLVED that the City of Golden Valley, hereinafter referred to as the
Applicant" act as legal sponsor for the project contained in the Conservation Partners
Legacy Grant Application submitted on January 7, 2020 and that the City Manager is
hereby authorized to apply to the Department of Natural Resources for funding of this
project on behalf of the Applicant.
BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for
financial assistance, and the institutional, administrative, and managerial capability to
ensure adequate acquisition, maintenance and protection of the proposed project.
BE IT FURTHER RESOLVED that the Applicant has the financial capability to
provide the required matching funds, in the amount not to exceed $5,000.
BE IT FURTHER RESOLVED that the source of Applicant's matching funds shall
not include other State funds.
BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the
project or phase if it exceeds the total funding provided by the Department of Natural
Resources and any required local match.
BE IT FURTHER RESOLVED that the Applicant has not incurred any costs and
has not entered into any written agreements to purchase property proposed by this
project.
BE IT FURTHER RESOLVED that the Applicant has not violated any Federal,
State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of
interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
the Applicant may enter into an agreement with the State of Minnesota for the above
referenced project and that the Applicant certifies that it will comply with all applicable
laws and regulations as stated in the contract agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council for the City of
Golden Valley authorizes the City Manager to execute such agreements as are
necessary to implement the project on behalf of the applicant.
Resolution No. 20-02 -2-January 7, 2020
Adopted by the City Council of Golden Valley, Minnesota this 7th day of January 2020.
ATTEST:
Kristine A. Luedke, City Clerk
State Accounting Information PO Number: 30 40 f 6-. jt'K
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
ENCUMBRANCE WORKSHEET
City of Golden Valley/ Pennsylvania Woods Habitat Restoration
State Accounting information:
SWIFT Contract Doc. Type: SWIFT Contract #:
SWIFT Contract Line # (Annual Plans): SWIFT Purchase Order #: 3 — I(aa lj%
Agency: Submitted By: FKathy Origin: Vendor #: Category
R2901 Varble A24 0000201540 Code:
Total Amount oF_1 $50 000 Total Amount Contract: $ 50,000
84101501
For FY:
Contract for ALL
years:
of
20
Total Amount of
Contract:
For FY: F Total Amount of Contract: $
For FY:
Contract Start Date: Upon Execution Speedchart Name:
Contract Expiration Date: June 30, 2023 Speedchart Number:
Grantee Name and Address: City of Golden Valley
7800
Golden Vallev, MN 55427
Did you remember to:
Check for debarred vendor? Yes [-] No
Check for annual plan limit? ® Yes No
Work on state lands? Yes d No
PO Reference: KV-FY20 CPL Pennsylvania Woods Habitat Restoration
Description: FY2020 ECP 3; City of Golden Valley, Pennsylvania Woods Habitat Restoration. The State is in
need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public
recreational opportunities.
Statewide/ Agency Reporting Funding String
Line Budget/ Amount Fund FinDeptlD ApproplD Account Statewide Agency Agency
Bond Year Cost Cost 1 Cost 2
1 20 $50,000 2300 R2936725 ' R296423 441352 2W205
Line PC Business
Unit
Project/ Grant Reporting Funding String
Project Activity Source Type Category Sub -Category
ij
1.
Rev 10/14
State Accounting Information PO Number:
This page intentionally left blank
State Accounting Information PO Number:
STATE OF MINNESOTA
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
GRANT CONTRACT
City of Golden Valley/ Pennsylvania Woods Habitat Restoration
This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State")
and City of Golden Valley, 7800, Golden Valley, MN 55427 ("Grantee").
Recitals
1. Under Minnesota Laws 2019, First Special Session, Chapter 2, Article 1, Section 2, Subd. 5(p), and Minnesota Statute
84.026 the State is empowered to enter into this grant.
2. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve
public recreational opportunities.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to
the satisfaction of the State. Pursuant to Minn_.Stat.&16B.98, Subd. 1, the Grantee agrees to minimize administrative
costs as a condition of this grant.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: The date the State obtains all required signatures under Minn._Stat.§ 16B.98, Subd. 5. Per,
Minn.Stat, '.16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: June 30, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 2.4.
Signage; 11. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data
Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction,
and Venue; 23. Data Disclosure; and 24. Use of Funds for Match or Reimbursement.
2 Duties
Grantee's Duties
The Grantee, who is not a state employee, will:
2.1 Comply with required grants management policies and procedures set forth through M_ inn.Stat&16B.97, Subd. 4
a) (1).
2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this
grant contract. Any changes to the Work Plan must have prior written approval from the State's Authorized
Representative.
2.3 Apply for and receive all necessary approvals and permits to complete the project and comply with all applicable
local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and
requirements contained in Minnesota Laws 2019, First Special Session, Chapter 2, Article 1, Section 2, Subd. 5(p),
and MN Statute 97A.056.
2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL)
FY2018 Request for Proposal, which is incorporated into this grant contract by reference. The Request for
Proposal (RFP) may be located at https:Jjfiles.dnr.state.mn.uszfish wildlife/cpljrfp.pdf.
2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute
97A.056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of
the grant period. Grantee is not responsible for the cost of signs but is responsible for placing signs according to
MN Laws.
2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form
prescribed by the State, by December 31 of each year during the term of this grant contract. A final report must
Rev, 10/14
State Accounting Information PO Number:
be submitted prior to or with the request for final payment.
2.7 To provide match as pledged in the approved Work Plan in non -state cash or in -kind services for the costs
incurred for the completion of the Project.
2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources (DNR) to
prevent or limit the introduction, establishment, and spread of invasive species (see section 4.2). This
requirement applies to all activities performed on all lands under this grant contract and is not limited to lands
under DNR control or public waters.
State's Duties
2.9 To provide Grantee up to $50,000 for the costs incurred for the completion of the Project.
2.10 For grants over $50,000, the State's Authorized Representative(s) or other designated State Representative will
conduct at least one monitoring visit per grant period. For grants over $250,000, these visits will be on an annual
basis. A monitoring visit may be in person or by telephone.
Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Project Requirements
4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists
approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee
for auditing purposes.
4.21nvasive Species Prevention. The DNR requires active steps to prevent or limit the introduction, establishment,
and spread of invasive species during all activities performed on all lands under this grant contract. The grantee
and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by
cleaning equipment prior to arriving at the project site.
If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch,
vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment
brush/broom, compressed air or pressure washer) at the staging area. The grantee/contractor shall dispose of
material cleaned from equipment and clothing at a location determined by the land manager. If the material
cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with
tarp) and legally dispose of offsite.
The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been
adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non -infested waters.
All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain,
sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated.
4.3 Project Sites. All restoration and enhancement projects funded with this grant must be on land
permanently protected by a conservation easement or public ownership or in public waters as defined in
Minnesota Statutes, section 103G.005, subdivision 15.
4.4. Restoration and Management Plan. Hereinafter known as R&M Plan.
a) For all restorations, prepare and retain an ecological restoration and management plan that, to the
degree practicable, is consistent with current conservation science and ecological goals
for the restoration site. Consideration should be given to soil, geology, topography, and
other relevant factors that would provide the best chance for long-term success and durability of the
restoration. The plan shall include the proposed timetable for implementing
the restoration, including, but not limited to, site preparation, establishment of
diverse plant species, maintenance, and additional enhancement to establish the
restoration; identify long-term maintenance and management needs of the restoration
and how the maintenance, management, and enhancement will be financed; and use the
current conservation science to achieve the best restoration.
Rev. 10/14
State Accounting Information PO Number:
b) The R&M plan shall be prepared on a form provided by the State's Authorized Representative.
4.5 Timely written contact of Conservation Corps Minnesota. All grantees must give consideration to and make
timely written contact with the Conservation Corps Minnesota or its successor for consideration of
possible use of their services to contract for restoration and enhancement services. A copy of the written
contact must be filed with the State's Authorized Representative within 10 days of grant execution.
4.6 Pollinator Best Management Practices. Habitat restorations and enhancements conducted on DNR lands and
prairie restorations on state lands or on any lands using state funds are subject to pollinator best management
practices and habitat restoration guidelines pursuant to Minnesota Statutes section 84.973. Practices and
guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the
growing season. Current specific practices and guidelines to be followed for contract and grant work can be
found here: htt files.dnr.state.mn.us natural resources/noc/brnp contract Ian ua e. df.
4.7 Prescribed Burning on State Lands. For prescribed burns on state lands, contractors must meet the equipment
and personnel requirements (including training and experience) called for in the prescribed burn plan provided
by the State. Requirements can be found at
htt s: filgs.dnr.state.mn.us forestry/wildfire rxfire/prescribedBurn Handbook2010 pdf.
4.8 Revenues. Any revenues generated during the grant period from activities on land acquired, restored, or
enhanced with CPL funding must be disclosed to CPL staff and used for habitat purposes to be agreed
upon.
5 Additional Restrictions
CPL funded projects may not be used as future mitigation for any loss or destruction of habitat.
6 Consideration and Payment
6.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as
follows:
a) Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A,
which is attached and incorporated into this grant contract. Partial payments are allowed. Grantees may
vary by 10% between budget categories without prior approval from the State's Authorized Representative.
Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share. The
advances must be approved in the Work Plan.
b) Travel Expenses. Payment for travel and subsistence expenses actually and necessarily incurred by the
Grantee as a result of this grant contract will not exceed $; provided that the Grantee will be reimbursed for
travel and subsistence expenses in the same manner and in no greater amount than provided in the current
Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB).
The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless
it has received the State's prior written approval for out of state travel. Minnesota will be considered the
home state for determining whether travel is out of state.
c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed $50,000.
6.2 Payment
a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted, on or before 4 pm local time, July 25, 2023. Invoices must include copies of
appropriate documentation to prove the work has been completed. Invoices must be submitted in a timely
manner and in the manner described in the CPL Payment Manual, which is incorporated into this grant
contract by reference and can be found at:
htt files.dnr.state.mn.us assistance rants habitat Lessard sams rantee a ment manual. df
b) Hold Back. No less than 5% of the amount of the grant must be held back from payment until the grant
recipient has completed a grant accomplishment report by the deadline in the form prescribed by and
satisfactory to the State and LSOHC.
c) Direct Expenditures. Grant and match funds may only be used for the eligible direct expenditures as
Rev. 10/ 14 5
State Accounting Information PO Number:
described in the approved Work Plan. Indirect costs and institutional overhead costs are ineligible.
d) Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final
payment by the State.
e) Federal Funds. No Federal funds will be used.
6.3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the
State. Work done by the State must be so specified in the Work Plan. A letter shall be sent to the State's
Authorized Representative and include: the specific area of the Work Plan authorizing the work; the
portion of the proceeds to be used by the State; the name, title, address, phone number and e-mail
address for the State's representative assigned to accomplish the work; the expected completion date of
the work; and a brief description of the nature of the work sufficient as the basis for judgment of
whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land
or an interest in land, the amount made available to the State shall include the Grantee's proportionate
cost of professional services to complete the acquisition. The Grantee's proportion shall be determined
by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price. The
Grantee's proceeds available under Clause 8, Payment Procedures, of this contract shall be reduced by
the amount provided for State use.
6.4 Contracting and Bidding Requirements.
a) Municipalities. Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must
do the following if contracting funds from this grant contract for any supplies, materials, equipment or
the rental thereof, or the construction, alteration, repair or maintenance of real or personal property.
i. If the amount of the contract is estimated to exceed $175,000, a formal notice and bidding process
must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best
value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor
or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28,
Subd. 1, paragraph (a), clause (2).
ii. If the amount of the contract is estimated to cost between $25,000 and $174,999, the contract may
be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise complying with the
requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least
one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value
under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and
paragraph (c).
iii. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either
upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon
quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a
period of at least one year after their receipt. Alternatively, municipalities may award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value
under a request for proposals as described in Minn. Star.§16C.28, Subd. 1, paragraph (a), clause (2).
b) Nonprofit Organizations.
i. Any services and/or materials that are expected to cost $100,000 or more must undergo a formal
notice and bidding process.
ii. Services and/or materials that are expected to cost between $25,000 and $99,999 must be
competitively awarded based on a minimum of three verbal quotes or bids.
iii. Services and/or materials that are expected to cost between $10,000 and $24,999 must be
competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted
vendor.
iv. The grantee must take all necessary affirmative steps to assure that targeted vendors from
businesses with active certifications through these entities are used when possible:
Rev. 10/14 6
State Accounting Information PO Number:
State Department of Administration's Certified Targeted Group, Economically Disadvantaged
and Veteran -Owned Vendor List
Metropolitan Council's Targeted Vendor list: Minnesota Unified Certification Program
Small Business Certification Program through Hennepin County, Ramsey County, and City of St.
Paul: Central Certification Proeram
v. The grantee must maintain written standards of conduct covering conflicts of interest and governing
the actions of its employees engaged in the selection, award and administration of contracts.
c) Support documentation. Documentation of the bidding process utilized to contract services must be
included in the grantee's financial records, including support documentation justifying a single/sole source
bid, if applicable, for both municipalities and nongovernmental organizations.
d) Prevailing wage. For any project that includes construction work of $25,000 or more, prevailing wage
rules apply per; Minn. Stat. §§177.41 through 177.44. Additional information on prevailing wage
requirements is available on the Department of Labor and Industry (DOLI) website at
htti2://www,dri.mn.gov/LS/PrevWage.asp. Questions about the application of prevailing wage rates should
be directed to DOLI at 651-284-5091.
e) The grantee must not contract with vendors who are suspended or debarred in MN:
http://www,mmd.admin.state.mn.us/debarredreport.asp.
Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
8 Payment Procedures
8.1 Documentation Requirements. To obtain the payment approved for work under this grant contract, the
grantee must follow all payment procedures documented within the CPL Payment Manual.
9 Authorized Representative
The State's Authorized Representatives:
Kathy Varble
CPL Program Coordinator
500 Lafayette Road Box #20
St. Paul, MN 55155
651-259-5216
kathy.varble@state.mn.us
or successor(s) have the responsibility to monitor the Grantee's performance and the authority to accept the
services provided under this grant contract. If the services are satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative(s) are:
Project Manager Fiscal Contact
Drew Chirpich Sue Virnig
Environmental Specialist Finance Director
7800 Golden Valley Rd 7800 Golden Valley Rd
Golden Valley, MN 55427 Golden Valley, MN 55427
Rev. 10/14
State Accounting Information PO Number:
dchirpich@goldenvalleymn.gov svirnig@go ldenvalleymn.gov
763-593-8044 763-593-8010
If the Grantee's Authorized Representative(s) changes at any time during this grant contract, the Grantee must
immediately notify the State.
10 Assignment, Amendments, Waiver, and Grant Contract Complete
10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant
contract without the prior consent of the State, approved by the same parties who executed and approved
this grant contract, or their successors in office.
10.2 Amendments. Any amendment to this grant contract 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 grant
contract, or their successors in office.
10.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or the State's right to enforce it.
10.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State
and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be
used to bind either party.
11 Liability and Insurance
11.1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from
any claims or causes of action, including attorney's fees incurred by the State, arising from the performance
of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be
construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations
under this grant contract.
11.2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of
insurance or compliance with insurance requirements has been met. Grantee must meet the insurance
requirements applicable to grantee's project, as described in the FY2020 Conservation Partners Legacy
Grant Program Request for Proposal, which is incorporated into this grant contract by reference.
11.3 Worker's Compensation. The Grantee certifies that it is in compliance with Minn. Stat. 176.181, Subd. 2,
pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be
considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on
behalf of these employees and any claims made by any third party as a consequence of any act or omission
on the part of these employees are in no way the State's obligation or responsibility.
12 In the Event of a Lawsuit
12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court
determines that the appropriation unconstitutionally substitutes for a traditional source of funding.
12.2 Any grant contract or similar contract that awards money from a legacy fund must contain the information
in paragraph 11.1, Liability.
13 State Audits
Under Minn. Stat. § 168.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and
practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination
by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the
end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all
state and program retention requirements, whichever is later.
14 Government Data Practices and Intellectual Property Rights
14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Rev, 10/14
State Accounting Information PO Number:
Grantee under this grant contract. The civil remedies of Minn._5tat. §13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release
the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the
Grantee instructions concerning the release of the data to the requesting party before the data is
released. The Grantee's response to the request shall comply with applicable law.
14.2 Intellectual Property Rights.
a) Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all
copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded
through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by
the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not
patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs,
drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated
by the Grantee, its employees and subcontractors, either individually or jointly with others, in the
performance of this contract. Documents shall mean the originals of any databases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks,
or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or
subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee
in the works and documents shall equal the ratio of each party's contributions to the total costs described
in the Budget of this contract. The party's ownership interest in the works and documents shall not be
reduced by any royalties or revenues received from the sale of the products or the licensing or other
activities arising from the use of the works and documents. Each party hereto shall, at the request of the
other, execute all papers and perform all other acts necessary to transfer or record the appropriate
ownership interests in the works and documents.
b) Obligations
1. Notification: Whenever any invention, improvement, or discovery (whether or not
patentable) is made or conceived for the first time, or actually or constructively reduced to
practice by the Grantee, including its employees and subcontractors, in the performance of this
contract, the Grantee shall immediately give the State's Authorized Representative written
notice thereof, and shall promptly furnish the Authorized Representative with complete
information and/or disclosure thereon. All decisions regarding the filing of patent, copyright,
trademark or service mark applications and/or registrations shall be the joint decision of the
Grantee and the State, and costs for such applications shall be divided as agreed by the parties
at the time of the filing decisions. In the event the parties cannot agree on said filing decisions,
the filing decision will be made by the State.
2. Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor
retains any interest in and to the Works and Documents. The Grantee represents and warrants
that the Works and Documents do not and shall not infringe upon any intellectual property
rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the
Grantee's expense, from any action or claim brought against the State to the extent that it is
based on a claim that all or part of the Works and Documents infringe upon the intellectual
property rights of others. The Grantee shall be responsible for payment of any and all such
claims, demands, obligations, liabilities, costs, and damages including, but not limited to,
attorney fees. If such a claim or action arises, or in the Grantee's or the State's opinion is likely
to arise, the Grantee shall, at the State's discretion, either procure for the State the right or
license to use the intellectual property rights at issue or replace or modify the allegedly
infringing Works and Documents necessary and appropriate to obviate the claim. This remedy
shall be in addition to, and not exclusive of, other remedies provided by law.
Rev. 10/14 9
State Accounting Information PO Number:
c) Uses of the Works and Documents.
The State and Grantee shall jointly have the right to make, have made, reproduce, modify, distribute,
perform, and otherwise use the works, including Documents produced under this Contract, for
noncommercial research, scholarly work, government purposes, and other noncommercial purposes
without payment or accounting to the other party. No commercial development, manufacture, marketing,
reproduction, distribution, sales or licensing of the Works, including Documents, shall be authorized
without a future written contract between the parties.
d) Possession of Documents.
The Documents may remain in the possession of the Grantee. The State may inspect any of the
Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State
without cost upon the request of the State.
15 Data Compatibility and Availability Requirements
15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning
and management of natural resources, emergency preparedness, and infrastructure investments shall
conform to the enterprise information architecture developed by the Office of Enterprise Technology (or its
successor). Spatial data must conform to geographic information system guidelines and standards outlined
in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office of Enterprise
Technology (or its successor) geographic metadata standards shall be submitted to the Land Management
Information Center to be made available online through the clearinghouse and the data must be accessible
and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13.
15.2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant
program should be readily accessible on the Grantee's website and identified as a Lessard -Sams Outdoor
Heritage Council and Conservation Partners Legacy Grant Program project.
16 Publicity, Advertising and Endorsement
16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L-
SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State's Authorized
Representative upon its release. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the
Grantee individually or jointly with others, or any subcontractors, with respect to the program,
publications, or services provided resulting from this grant contract.
16.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
17 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
18 Accessibility and Safety
18.1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal
accessibility laws, regulations, and guidelines, including the American with Disabilities Act (ADA).
Accessibility guidelines and standards can be found at http://www.access-board.gov.
18.2 Safety. All programs must adhere to federal safety regulations, which can be found on the Occupational
Health and Safety Administration's website at www.osha.gov/law-regs.html.
19 Subgrantees/ Vendor Services
If any subgrants or contracts for any portion of the work covered under this grant contract are made to another
entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant
contract. It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee.
Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant
Program (CPL) Request for Proposal, located at https://files.dnr.state.mn.us/fish wildlife/cpl/rfp__.pdf as
applicable.
Rev. 10/14 10
State Accounting Information PO Number:
20 Purchase of Recycled or Recyclable Materials
The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat. §
1613.121. The purchase and use of paper stock and printing must be in compliance with Minn. Stat.
16B.122.
21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
21.1. The prospective lower tier participant certifies, by submission of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this contract.
22 Termination
22.1 Termination by the State. The State may immediately terminate this grant contract with or without
cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed.
22.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that
there has been a failure to comply with the provisions of this grant contract, that reasonable progress has
not been made or that the purposes for which the funds were granted have not been or will not be
fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal
to disburse additional funds and requiring the return of all or part of the funds already disbursed.
23 Data Disclosure
Under Minn. Stat. § 270C.65 Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number,
already provided to the State, to federal and state tax agencies and state personnel involved in the payment of
state obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities.
24 Use of Funds for Match or Reimbursement
Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program
without prior written authorization from the State's Authorized Representative.
a) The Grantee must submit a written request for authorization no less than 10 business days prior to
applying for the new funds or program to the State's Authorized Representative. This request must
include the following information: CPL project name, CPL grant contract number, the amount of CPL
grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded,
and current landowner. The project name, location where the new funds will be used, activity to be
funded, funding source of the new grant or program, and a brief description of the grant or program
being applied for must also be included.
b) If the new grant or program will add any encumbrances to the land where grant funds were or will be
spent, these encumbrances must be approved in writing by the State's Authorized Representative and
the current landowner.
25 Conflict of Interest
Under the Minnesota Department of Administration's Office of Grants Management Conflict of Interest Policy
for State Grant Making (available at http:Zlmn.gov/adminjimages/grants policy 08-01. df) and other
applicable laws, Grantees must disclose actual, potential, perceived, and organizational conflicts of interest.
Rev. 10/14
1. STATE ENCUMBRANCE
VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered
as required by Minn. Stat. '§ 16A.15 and 16C.05.
By: Pic 0—
Date: 3--t
Purchase Order Number:
3 - I
Contract #:_lam$ 4
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract on behalf of the
Grantee as required by applicable articles, bylaws,
resolutions, or ordinances.
By:
Name:
Title:
Date:
State Accounting Information PO Number: _
3. DEPARTMENT OF NATURAL RESOURCES
By:
with delegated authority
Name: David Olfelt
Title: Director, Division of Fish and Wildlife
Date:
By:
Name:
Title:
Date:
By: By:
Name: Name:
Title: Title:
Date: Date:
Rev 10/14 12
DEPARTMENT OF
NATURAL RESOURCES
DIVISION OF FISH AND WILDLIFE
CONSERVATION PARTNERS LEGACY GRANT
Revision: 20191104
PROJECT CONTACT
Project Name: Pennsylvania Woods Habitat Restoration
Organization Name: City of Golden Valley
Organization Type: Government
Mailing Address 1: 7800
Mailing Address 2: Golden Valley Rd
City, State ZIP Code: Golden Valley, MN 55427
PROJECT OVERVIEW
Sites / Location
County Name: Hennepin
Project Site Name: Pennsylvania Woods Nature Area
Total Project Sites: 1
Total Project Acres: 6
Habitat
Attachment A: Work Plan
Project Manager: Drew Chirpich
Title: Environmental Specialist
Phone: 763-593-8044
Email: dchirpich@goldenvalleymn.gov
Land Ownership
Primary Land Ownership: Local Government
Additional Land Ownerships: (N/A)
Activities
Primary Type: Forest Primary Activity: Restoration
Additional Types: (N/A) Additional Activities: (N/A)
PROJECT FUNDING SUMMARY
Grant Type: (N/A)
Grant Request Level: (N/A)
Total Grant Amount Requested: 50,000
Total Match Amount Pledged: 5,000
Additional Funding Amount: 0
Total Project Cost: 55,000
PROJECT SUMMARY
Data Date: March 11. 2020
Pennsylvania Woods Nature Area is a widely used natural area in the northern part of Golden Valley. It is about 6 acres in size,
filled with various hardwoods and a series of ponds that serve a flood control and recreational purpose. The entire area is open
to the public, and contains a few walking and biking trails. Pennsylvania Woods is one of the largest wooded nature areas in
Golden Valley. It is frequently used by the residents of Golden Valley for walking, biking, fishing and bird watching.
Development around the area has gradually introduced buckthorn to the region, and it has quickly become a dominant
component of the nature area. This influx of buckthorn has shaded out the majority of the ground cover in the region and
contributed to increased erosion and decreased areas of quality habitat for wildlife. It has also degrade the aesthetic quality and
functionality of the nature area. Through this grant opportunity we hope to remove buckthorn within the nature area and establish
native grasses, sedges, forbs, and shrubs to provide habitat for various waterfowl and pollinator species, and improve water
quality through vegetative buffers and enhanced ground cover All matching funds required to complete this project have been
secured through the City's annual budget.
PROBLEM STATEMENT
The first step of this project will be to remove the existing stands of buckthorn within the nature area. Methods used will include
saws, brush saws, and hand pruners. Manual removal of the buckthorn will help to clear the area of the debris and seeds that
buckthorn produces, and make the area ready to be planted. Once these stands have been taken down, the remaining
buckthorn will be stump treated with herbicide containing triclopyr or glyphosate. Chemical treatment will help to permanently
kill the plant in the roots to prevent future spreading Once the buckthorn has been removed and treated, it will be important to
get desirable species established. This will be done with a combination of seeding and blanketing bare and steep areas with
natural net erosion control fabric, and a native seed mix suited for wooded riparian areas. Seeding will be done to establish a
CPL Grant Application ID = 1642)'
CONSERVATION PARTNERS LEGACY GRANTttachment A: work Plan
PROBLEM STATEMENT (Continued)
native seed bank to compete with the buckthorn. The natural -net erosion control fabric will be used to help prevent erosion, hold
the seed in place, and to retain moisture and nutrients for the seed. The area will be seeded/planted with a mix of native
grasses, sedges, and wildflowers to create nesting habitat for waterfowl, and food and habitat sources for pollinators These
plantings will also help to slow and filter water entering DeCola Ponds, and stabilize the bank and slopes within the nature area.
Native Plant plugs and shrubs will also be planted at around 6 ft spacing from center, because of their ability to establish more
quickly, and compete with the buckthorn seed bank. A three year maintenance agreement will be included as part of the project
to continue manually and chemically controlling invasive species on site, and to conduct controlled burns once per year after
the first year.
PROJECT OBJECTIVES
Golden Valley has continuously invested in protecting and enhancing its Natural Resources. Past projects have focused on
restoring riparian areas with native vegetation, and enhancing native vegetation around ponds and natural areas. Our Parks
Maintenance staff is typically tasked with maintaining the aesthetics and functionality of our City parks. Most of these tasks
involve trail maintenance, clearing brush and debris from trails and creeks, and mowing turf areas. With more than 10 large
parks and natural areas within the City, staff is consistently busy doing routine maintenance of trails and grooming parks so
that they can be used by the public They unfortunately do not have time to work on invasive species control for large areas
such as the Pennsylvania Woods Nature Area Pennsylvania Woods nature area was identified as a priority area due to many
criteria including its public access and use, and it's feasibility for this type of project due to its size, location, and need. If this
funding is not received, Pennsylvania Woods nature area will continue to have minimal maintenance, which will allow buckthorn
and other invasive species to continue to spread, further degrading the habitat and ground cover within the nature area, and
reducing the usability of the trails within the area. If the project is awarded, the invasive species within the nature area will be at
a manageable level for in house staff and Sentence to Serve crews to maintain the park going forward.
METHODS
N/A)
EXPERIENCE / ABILITIES
N/A)
PROJECT TIMELINE
Time Frame Goal
Removal of invasive species 2020-10-31
Planting of native species 2021-5-30
Plant Management/ Burn 2023-5-30
Estimated Project Completion Date: 2023-05-30
PROJECT INFORMATION
1. Describe the degree of collaboration and local support for this project.
N/A)
2. Describe any urgency associated with this project.
N/A)
3. Discuss if there is full funding secured for this project, the sources of that funding and if CPL Grant funds will
supplement or supplant existing funding.
N/A)
4. Describe public access at project site for hunting and fishing, identifying all open seasons.
N/A)
5. Discuss use of native vegetation (if applicable).
N/A)
Page 2 -
CONSERVATION PARTNERS LEGACY GRANTttachmentA: Work Plan
PROJECT INFORMATION (continued)
6. Discuss your budget and why it is cost effective.
N/A)
7. Provide information on how your organization encourages a local conservation culture. This includes your
organization's history of promoting conservation in the local area, visibility of work to the public and any activities
and outreach your organization has completed in the local area.
N/A)
BUDGET INFORMATION
Organization's Fiscal Contact Information
Name: Sue Virnig
Title: Finance Director
Email: SVirnig@goldenvalleymn.gov
Phone:763-593-8010
Budget Details
Contracts
Contractor Name Contracted Work
Street Address 1: 7800
Street Address 2: Golden Valley Rd
City, State ZIP Code: Golden Valley, MN 55427
Amount Grant/Match In-kind/Cash
To be Determined Plant Management/burn 7,000 Grant N/A)
To be Determined Invasive Species Removal 12,000 Grant N/A)
To be Determined Habitat Restoration 31,000 Grant Cash
To be Determined Habitat Restoration 5,000 Match Cash
Additional Funding
Additional Funding Amount: $0
Budget Overview
Item Type Grant Match Total
Personnel
Contracts 50,000 $5,000 55,000
Fee Acquisition with PI LT
Fee Acquisition without PILT
Easement Acquisition
Easement Stewardship
Travel (in -state)
Professional Services
DNR Land Acquisition Cost
Equipment/Tools/Supplies
Additional Budget Items
Totals: 50,000 $5,000 55,000
SITE INFORMATION
You may group your project sites together as long as land ownership, activity and habitat information is the same for the land
manager.
Land Manager
Name: Marc Nevinski Phone: 763-593-8008
Organization: City of Golden Valley Email: MNevinski@goldenvalleymn.gov
Title: Physical Development Director
Page 3-
CONSERVATION PARTNERS LEGACY GRANT4ttachment A: Work Plan
SITE INFORMATION (Continued)
Site Information
Habitat: Forest Activity: Restoration
1) Site Name: Pennsylvania Woods nature Area
DOW Lake #: (N/A)
Acres: 6
PLS Section: Township - 118, Range - 21 W, Section - 29
NATURAL HERITAGE DATABASE REVIEW
Natural Heritage elements were found within my project site(s): No
ATTACHMENTS
Additional Documentation
Land Ownership: Local Government
Open to Public Hunting? No
Open to Public Fishing? Yes - all
Attach additional documentation as applicable using the appropriate cagtegories below. If you exceed the size limit while
uploading, contact CPL Grant staff to discuss your options.
Photo
File Name Description
1051 EBD4-7955-417F-AD4E-B9858A0CFA13.jpeg Site picture 4
36511E81-D178-43C4-AOA4-OAA55561D476.jpeg Site picture 3
4D4AD7BA-OC4A-4B6B-858D-2ABAE2D7B704.jpeg Site picture 5
62491696-9285-4A55-9AEF-6962F789E1C8.jpeg Site picture 2
BC8B16BB-B8F4-4839-8042-CK36508A18FJpeg Site picture 1
Pennsylvania_Woods_Location_Map.pdf Location Map
Pen nsylvania_Woods_Vegetation.pdf Site Vegetation Plan
Restoration Plan
File Name Description
CPL_Grant_RFQ_2020_Penn_Woods_REVISED.docx Request for Quotes
Pennsylvania_Woods_Vegetation.pdf Restoration plan
Proposal_Form_2020_ECP_Grant_Final docx
FINAL APPLICATION SUBMISSION
p I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program
Manual and other program documents, and have discussed this project with the appropriate public land
manager, or private landowner and easement holder.
p I certify I am authorized to apply for and manage these grant and match funds, and the project work by the
organization or agency listed below. I certify this organization to have the financial capability to complete this
project and that it will comply with all applicable laws and regulations.
p I certify that all of the information contained in this application is correct as of the time of the submission. If
anything should change, I will contact CPL Grant staff immediately to make corrections.
p I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation
Corps or its successor for consideration of possible use of their services to contract for restoration and
enhancement services. I will provide CPL Grant staff a copy of that written contact within 10 days after the
execution of my grant, should I be awarded.
Page 4 -
CONSERVATION PARTNERS LEGACY GRANT4ttachmentA: Work Plan
FINAL APPLICATION SUBMISSION (continued)
p I certify that I am aware at least one Land Manager Review and Approval form is required for every application
and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all
completed forms by uploading them into this applidation. I have attached the required type and number of
forms as necessary for this project.
p I am aware that by typing my name in the box below, I am applying my signature to this online document.
Signature: Drew Chiripich Organization / Agency: City of Golden Valley
Title: Environmental Specialist Date Signed: January 17, 2001
CPL Grant Application ID = 1642)
Page 5-
Golden Valley City Council Meeting
March 17, 2020
Agenda Item
6. A. Public Hearing – Census Enumerator Access to Multi-family Buildings
Prepared By
Jason Zimmerman, Planning Manager
Summary
The 2020 U.S. Census will kick-off on April 1. While City staff have been working to coordinate efforts
to raise awareness and highlight the importance of responding to the Census, the State Demographer’s
office is encouraging communities to take an additional step of passing an ordinance to ensure Census
workers have access to multi-family buildings.
Background
The decennial Census is an important tool that provides critical information used to determine
representation in the U.S House of Representatives, to make Federal funding decisions, and to plan for
facilities such as schools, hospital, and senior centers. While a majority of residents of Golden Valley
are expected to self-respond to the mailed Census materials, a small percentage will not. For those
individuals, the Census employs workers to attempt to make direct contact and collect information.
Historically, renters have a lower response rate. U.S. Code ensures Census employees have legal access
to multi-family buildings as part of their efforts. However, a local ordinance can provide additional
enforcement support while also clarifying protections for individuals. The local version being promoted
by the State is modeled after Minnesota Statute 211b.20 which grants candidates running for office
access to multi-family buildings. Edina, Plymouth, Brooklyn Park, and Brooklyn Center all recently
adopted a version of this ordinance. New Hope is expected to adopt one in March.
This ordinance was discussed at a Council/Manager meeting on February 11. Conversation mostly
centered on ways the City could continue to promote the Census efforts and how to work with multi-
family property owners to publicize the Census with their tenants.
A second consideration of this ordinance by the City Council would be scheduled for April 7 and would
become effective upon publication. This is well in advance of any anticipated timeline for site visits by
Census employees, should they become necessary.
Financial Or Budget Considerations
Not applicable.
City Council Regular Meeting Executive Summary
City of Golden Valley
March 17, 2020
2
Recommended Action
Motion to adopt first consideration Ordinance #679, concerning access to Multi-unit Housing
Structures by United States Census Bureau Employees.
Supporting Documents
Ordinance #679, Concerning Access to Multi-unit Housing Structures by United States Census
Bureau Employees (2 pages)
ORDINANCE NO. 679
AN ORDINANCE AMENDING THE CITY CODE
Chapter 18, Offenses and Miscellaneous Regulations, Section 18-6:
Concerning Access to Multi-unit Housing Structures by
United States Census Bureau Employees
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 18 entitled “Offenses and Miscellaneous Provisions” is
amended by adding Section 18-6 to provide as follows:
Sec. 18-6. - Access to Multi-unit Housing Structures by United States Census Bureau
Employees.
a) Declaration; Purpose.
1) The United States Constitution directs a decennial census count of all persons living
in the United States.
2) Complete, accurate census data is of critical importance to all residents of Golden
Valley for equal political representation, fair distribution of federal and state funding,
and sound planning and investment in infrastructure, real estate, business
development, and public policy and programming.
3) During the decennial census, the United States Census Bureau conducts Non-
Response Follow-up Operations (NRFU), when employees of the United States
Census Bureau visit households that have not yet submitted a census form.
4) Renters and others who live in multi-unit housing structures have historically been at
higher risk of being undercounted in the decennial census, with the number of renter
households in an area being the most influential variable affecting an area’s census
self- response rate; in other words, the more renters in an area, the lower the self-
response rate of that area.
5) The risk of an undercount is compounded in areas with high concentrations of
communities that have been consistently undercounted in the past and who are
more likely to be renters, including low income households, communities of color,
Native American/American Indian communities, immigrants and refugees, and
young people.
6) Multi-unit housing structures can be difficult for Census Bureau employees to enter
due to security barriers.
7) It is critical that Census Bureau employees have access to multi-unit housing
structures during the decennial census, so they can reach households that have not
yet participated.
8) 13 U.S. Code § 223 authorizes Census Bureau employees to access “any hotel,
apartment house, boarding or lodging house, tenement, or other building.”
Ordinance No. 679 -2- March 17, 2020
b) It is unlawful for a person, either directly or indirectly, to deny access to an apartment
building, dormitory, nursing home, manufactured home park, other multi-unit structure
used as a residence, or an area in which one or more single-family dwellings are
located on private roadways, to employees of the United States Census Bureau who
display current, valid Census Bureau credentials and who are engaged in official census
counting operations during the Census Bureau’s standard operational hours of 9:00 am
to 9:00 pm (local time) during the decennial census.
c) Census Bureau employees granted access must be permitted to leave census materials
in an orderly manner for residents at their doors, except that the manager of a nursing
home may direct that the materials be left at a central location within the facility.
d) This ordinance does not prohibit
1) denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
2) denial of permission to visit certain persons for valid health reasons, in the case of a
nursing home or a Registered Housing with Services Establishment providing
assisted-living services meeting the requirements of Minnesota Statutes, section
144G.03, subdivision 2;
3) limiting visits to a reasonable number of census employees;
4) requiring a prior appointment or notification to gain access to the structure; or
5) denial of admittance to or expulsion of an individual employee from a multi-unit
housing structure for good cause.
Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled
General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 17th day of March, 2020.
s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
s/ Kristine A. Luedke
Kristine A. Luedke, City Clerk