07-07-20 City Council Agenda
REGULAR MEETING AGENDA
This meeting will be held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast
cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the
meeting code 133 272 6773. The public may participate in this meeting during public comment
sections, including the public forum beginning at 6:20 pm, by calling 763-230-7454. Additional
information about monitoring electronic meetings is available on the City website. For technical
assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If
you incur costs to call into the meeting, you may submit the costs to the City for reimbursement
consideration.
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
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 – June 2, 2020 3-7
B. Approval of City Check Register 8
C. Licenses:
1. Approve Massage Enterprise License for Everybody Healing Center 9
D. Minutes of Boards and Commissions:
1. Planning Commission – June 8, 2020 10-14
2. Environmental Commission – May 18, 2020 15-19
3. Board of Zoning Appeals – April 28 and May 26, 2020 20-27
E. Approval of Bids, Quotes and Contracts:
1. Approve Construction Contract for the 2020 Pennsylvania Woods Habitat
Restoration Project
28-61
2. Approve Purchase of Ionization Devices for City Hall and Public Safety Ventilation
Systems
62-64
3. Approve Annual Bobcat Equipment Trade-Out 65-72
4. Authorize Professional Services Agreement for Phase III of the Downtown Study 73-85
July 7, 2020 – 6:30 pm
City of Golden Valley City Council Regular Meeting
July 7, 2020 – 6:30 pm
2
3. Consent Agenda - continued
F. Acceptance of Grants and Donations:
1. Acceptance of Donation of Park Bench for Brookview Park Res. 20-39 86-87
2. Acceptance of Donation of Tree for Brookview Park Res. 20-40 88-89
3. Acceptance of Donation from Golden Valley Federated Women’s Club Res. 20-41 90-91
G. Appointment of Election Judges and Absentee Ballot Board for Primary Election August
11, 2020 Res. 20-42
92-94
H. Amendment to the 2020 Council Meeting Calendar due to 2020 Minnesota Night to
Unite Date Change
95
I. Supporting Application by West Hennepin Affordable Housing Land Trust to Minnesota
Housing Finance Agency for Community Homeownership Impact Funds Res. 20-43
96-98
J. Receipt of May Financial Reports 99-112
K. Amend Resolution 04-20 City of Golden Valley Donation/Gift Policy Res. 20-44 113-119
L. Accept Resignation from the Civil Service Commission 120
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. COVID-19 Pandemic Emergency Administrative Actions 121-131
B. Review of Council Calendar 132
C. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
REGULAR MEETING MINUTES
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that
declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency
were conducted by telephone or other electronic means.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org,
and by dialing in to the public call-in line. The public was able to participate in this meeting during
public comment sections, including the public forum, by dialing in to the public call-in line.
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
2. Additions and Corrections to Agenda
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to approve the
agenda of June 2, 2020, as submitted. Upon a vote being taken, the following voted in favor of: Larry
Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted
against: none and the motion carried.
3. Approval of Consent Agenda
MOTION made by Council Member Harris, seconded by Council Member Rosenquist to approve the
consent agenda of June 2, 2020, as revised: removal of 3E1-Approve Purchase of City Vehicles, 3F1-
Accept a Donations of Face Masks and Filters and 3G-Accept Resignation from Open Space &
Recreation Commission. Upon a vote being taken, the following voted in favor of: Larry Fonnest,
Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against:
none and the motion carried.
3A. Approval of Minutes:
3A1. Council/Manager Meeting – March 10, 2020
3B. Approve City Check Register and authorize the payments of the bills as submitted.
3C. Licenses:
3C1. Approve renewal of the respective liquor licenses for the applicants listed below for the
license period of July 1, 2020, through June 30, 2021:
June 2, 2020 – 6:30 pm
City of Golden Valley City Council Regular Meeting Minutes
June 2, 2020 - 6:30 pm
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3. Approval of Consent Agenda - continued
Off-Sale: Golden Valley Liquor Barrel, Lunds & Byerly’s Wines & Spirits and Lakeridge
Wine & Spirits
On-Sale and Sunday Sale/Off-Sale: Schuller’s Tavern
Wine On-Sale (including strong beer) and 3.2 Malt Liquor: D’Amico and Sons, Davanni’s
Pizza & Hoagies, JDL Group Inc., Ramada Minneapolis/Golden Valley and Smashburgers
Off-Sale 3.2 Malt liquor: Golden Valley Holiday and Holiday Inn Express Golden Valley
On-Sale and Sunday Sale: Benihana, Brookview Golf Course, Golden Valley Country
Club, Good Day Café, J.J.’s Clubhouse, LAT 14 Asian Eatery, Metropolitan Ballroom and
Clubhouse, Red Lobster, Schuller’s Tavern and Teresa’s Mexican Restaurant
On-Sale: Sodexo America
On-Sale Club and Sunday Sale: Chester Bird American Legion Post 523
Brewer Taproom, Brewer Off-Sale and Sunday Sales: Under Pressure Brewing
Approve renewal of the respective liquor licenses for the applicants listed below for the
license period of July 1, 2020, through June 30, 2021 contingent upon a successful back
ground investigation:
Off-Sale: Cedar Lake Wine
On-Sale and Sunday Sale: Doolittle’s Woodfire Grill
Off-Sale 3.2 Malt liquor: Speedway #4443 and Speedway #4497
3D. Minutes of the Boards and Commissions:
3D1. Environmental Commission – April 27, 2020
3E. Approval of Bids, Quotes and Contracts:
3E1. Approve Purchase of City Vehicles.
3F. Acceptance of Grants and Donations:
3F1. Acceptance of Donations of Face Mask and Filters.
3G. Accept Resignation from Open Space & Recreation Commission.
3. Items Removed From the Consent Agenda:
3E1. Approve Purchase of City Vehicles
Council Member Harris asked if the City needed to purchase all three of the requested vehicles at this
time due to the City currently being on a budget freeze. City Manager Cruikshank said that only one of
the vehicles was in the threshold of needing immediate replacement.
Council had additional questions regarding the required motion.
MOTION made by Council Member Harris, seconded by Council Member Sanberg to table the item to
later in the meeting. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice
Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and
the motion carried.
3F1. Acceptance of Donations of Face Mask and Filters
Council thanked former Council Member Clausen for the donation of face masks and filters.
City of Golden Valley City Council Regular Meeting Minutes
June 2, 2020 - 6:30 pm
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3F1. Acceptance of Donations of Face Mask and Filters - continued
MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to adopt
Resolution 20-32, accepting a donation of 84 face masks and filters. Upon a vote being taken, the
following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly
Sanberg, the following voted against: none and the motion carried.
3G. Acceptance of Resignation from Open Space & Recreation Commission
Council thanked Mr. Max Hyberger for his service on the Open Space & Recreation Commission.
MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to accept the
resignation from Mr. Hyberger from the Open Space & Recreation Commission. Upon a vote being
taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist,
and Kimberly Sanberg, the following voted against: none and the motion carried.
4. Public Hearing
4A. Public Hearing – Schuller’s Tavern – 7345 Country Club Drive
1. Amendment to the Future Land Use Map
2. Amendment to the Zoning Map
Planning Manager Zimmerman provided an update on the item due to recent discussions at the
Planning Commission meeting and the City receiving many emails and inquiries from the public. Mr.
Zimmerman said he spoke to the applicants and that there may be additional options other than
moving forward with the rezoning. He said the applicants may withdraw their application.
Mr. Mark Jacobs, applicant, said their intention was not to rezone their property to resell it but to add
an outside seating area so that they could compete with other restaurants in the area. He said they
have done a lot of updates to the restaurant and would be happy do whatever else was needed for
the community to add the outside patio because they plan to stay in the area. Mr. Paul Jacobs,
applicant, said they would be interested in an interim use permit for their restaurant use only.
Mr. Zimmerman said if the applicants withdrew their application to look at some type of temporary use
permit, the City may be able to draft sometime that would allow an outdoor patio without having to
rezone the property because currently there are variations of temporary use permits in the Zoning
Code. He said the City could also look at adding a new zoning area for Light or Neighborhood
Commercial use. City Attorney Cisneros answered questions from Council regarding the process and
said if the applicants withdraws the applicant, the Council would not need to take any further action.
There was Council discussion regarding the application for Schuller’s Tavern.
E1. Approve Purchase of City Vehicles – continued from earlier in the meeting
MOTION made by Council Member Harris, seconded by Council Member Sanberg to take item 3E1.
Approve Purchase of City Vehicles off the table for consideration. Upon a vote being taken, the
following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and
Kimberly Sanberg, the following voted against: none and the motion carried.
City of Golden Valley City Council Regular Meeting Minutes
June 2, 2020 - 6:30 pm
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E1. Approve Purchase of City Vehicles – continued
Finance Director Virnig answered questions from Council.
MOTION made Council Member Harris, seconded by Council Member Fonnest to approve the purchase
of one F-550 cab and chassis from Midway Ford for $43,071.92 and one Swamploader hook system
from Aspen Equipment for $27,559. Upon a vote being taken, the following voted in favor of: Larry
Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted
against: none and the motion carried.
5. Old Business
6. New Business
6A. Noah Joynes Youth Recreation Fund
Parks and Recreation Director Birno presented the staff report and answered questions from Council.
Finance Director Virnig answered questions from Council.
MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to adopt
Resolution 20-33, accepting donations for the Noah Joynes Youth Recreation Fund from the Joynes
Family. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep
Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion
carried.
6B. Environmental Commission Amendments
6B1. Second Consideration – Ordinance 681 – Modifying the Responsibilities of the
Environment Commission
Physical Development Director Nevinski presented the staff reports for both items listed under 6B.
Environmental Commission Amendments and answered questions from Council.
Mayor Harris stated per the Council’s agenda all ordinances listed under new business are eligible for
public input. No one requested to speak.
MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to adopt the
second consideration Ordinance 681, deleting in its entirety City Code Chapter 2 Administration, Article
V. Boards and Commissions, Section 2-131 Environmental Commission and replacing with a new
Section 2-131. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris,
Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the
motion carried.
6B2. Approval of Modifications to Environmental Commission Bylaws
MOTION made by Council Member Fonnest, seconded by Council Member Sanberg to approve the
Modifications to Environmental Commission Bylaws. Upon a vote being taken, the following voted in
favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the
following voted against: none and the motion carried.
City of Golden Valley City Council Regular Meeting Minutes
June 2, 2020 - 6:30 pm
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6C. COVID-19 Pandemic Emergency Administrative Actions
City Manager Cruikshank presented the staff report and answered questions from Council. City
Attorney Cisneros answered questions from Council.
MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to ratify
Emergency Administrative Actions 20-37 through 20-43. Upon a vote being taken, the following voted
in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the
following voted against: none and the motion carried.
6D. Review of Council Calendar
The 2020 Run the Valley will be held virtual from June 5 through June 14, 2020.
The next Housing and Redevelopment Authority Work Session will be held virtually on June 9, 2020, at
6:30 pm.
The next Council/Manager meeting will be held virtually on June 9, 2020, immediately following the
HRA Work Session.
The next City Council meeting will be held virtually on June 16, 2020, at 6:30 pm.
6E. Mayor and Council Communication
Council Member Sanberg said the Pride Festival that was planned for June was to be postponed until
August but due to COVID-19, a decision was made to cancel the in-person festival for this year all
together. She said that there are virtual activities on the website that residents could participate in.
Mayor Harris thanked Spirit of Hope Church for becoming a temporary homeless shelter for residents
of the Simpson Housing Service due to the rioting in Minneapolis. He also said that local legislators
would be holding town hall forums to discuss the upcoming special legislative session and events
associated with the death of George Floyd.
7. Adjourn
MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to adjourn the
meeting at 7:46 pm. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice
Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and
the motion carried.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Golden Valley City Council
Meeting July 7, 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 06/26/20 Check Register
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. C. 1. Approve Massage Enterprise License for Everybody Healing Center
Prepared By
Kris Luedke, City Clerk
Summary
Everyone Healing Center located at 8085 Wayzata Boulevard, Suite 10 has submitted a Massage
Enterprise license application for the 2020 license period. In 2019, one of the existing massage
therapist enterprise establishment decided not to renew their license for the 2020 period. Approving
this massage enterprise license would not exceed the total number of allowed massage enterprise
licenses (6) in the City.
The City Attorney has reviewed the application and noted a few minor deficiencies that should be
corrected prior to issuing the license. The City Clerk is working with the applicant to remedy the
deficiencies. The Golden Valley Police Department has conducted the background investigations and
found Everyone Healing meets the City licensing guidelines.
Financial Or Budget Considerations
Fees received for Massage Therapist licenses help to defray costs the City incurs to administer license
requirements.
Recommended Action
Motion to approve the issuance of the of Massage Therapist Establishment License for Everybody
Healing Center located at 8085 Wayzata Blvd, Suite 10 for the license period of July 7, 2020 through
December 30, 2020 contingent upon provision of minor items missing from application materials.
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn.Stat.12.37.In accordance with that declaration,beginning on March 16,
2020,all Planning Commission meetings held during the emergency were conducted
electronically.The City used Webex to conduct this meeting and members of the public were
able to monitor the meetings by watching it on Comcast cable channel 16,by streaming it on
CCXmedia.org,or by dialing in to the public callin line.The public was able to participate in this
meeting during public comment sections,by dialing the public callin line.
1. Call to Order
The meeting was called to order at 7:00 by Chair Blum.
Roll Call
Commissioners present:Rich Baker,Ron Blum,Adam Brookins,Andy Johnson,Lauren Pockl,Ryan
Sadeghi,Chuck Segelbaum,
Commissioners absent:None
Staff present:Jason Zimmerman Planning Manager,Myles Campbell Planner
Council Liaison present:Gillian Rosenquist
Prior to a motion,Chair Blum,asked if there would be a discussion on the Zoning Code Text
Amendment or if the group would go right to a motion after the hearing.Commissioner Baker said
he’d like a discussion and noted the agenda didn’t explicitly state a recommendation was required at
the end of this meeting.Commissioner Segelbaum asked staff for clarification on the need for a
recommendation.Jason Zimmerman,Planning Manager,stated that a recommendation today is
assumed as that’s typical after a hearing.Zimmerman added that after the hearing,the item may be
tabled before the vote and the Commissioners would be able to vote at the next meeting.
2. Approval of Agenda
Chair Blum asked for a motion to approve the agenda.
MOTION made by Commissioner Baker,seconded by Commissioner Sadeghi to approve the agenda
of June 8,2020,as submitted.Staff called a roll call vote and the motion carried unanimously.
3. Approval of Minutes
Chair Blum asked for a motion to approve the minutes from May 27,2020.
MOTION made by Commissioner Pockl,seconded by Commissioner Brookins to approve the May
27,2020 meeting minutes.Staff called a roll call vote and the motion carried unanimously.
4. Informal Public Hearing Zoning Code Text Amendment
June 8,2020 7 pm
City of Golden Valley Planning Commission Regular Meeting
June 8,2020 7 pm
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Applicant:City of Golden Valley
Purpose:Proposed Adjustments to Narrow Lot Regulations
Jason Zimmerman,Planning Manager,gave a presentation on this item’s history and background
from November 2017 when the initial discussion took place through May 2020 when the Planning
Commission reviewed and discussed the staff’s draft of changes.He reviewed the City Council’s
request,locations where these lots exist,and all the meetings held to address this concern.
Zimmerman displayed the list of nine items for code amendments and staff recommends 18 have
changes and 9 stays as is:
1. Side yard setbacks
2. Garage stall requirements
3. Slope of tent”portion of building envelope
4. Side wall height at side setback line
5. Second story dormers
6. Side wall articulation
7. Secondary front yard setbacks
8. Lot coverage
9. Amount of impervious surfaces to stay as is)
Zimmerman expanded on each item throughout the presentation and responded to questions as
Commissioners posed them.
Zimmerman moved on to review the public comments that City staff received regarding the narrow
lot topic.54 total comments were received via the Golden Valley website or email to Planning staff.
10 of those comments were from folks living on a narrow lot,8 addresses total as more than one
person at an address made comment.44 comments were from people not on a narrow lot and the
commenters were mostly from the North Tyrol area.None of the commenter addresses were
immediately adjacent to blocks with narrow lots.Most commenters were within a block or two but
some were over a mile and a half away.
The top 5 comment themes were as follows:
1. Don’t reduce lot sizes or allow more lot splits.
2. Do more to restrict home construction on narrow lots.
3. Do more to protect open/green/landscaped/natural areas.
4. Certain proposed changes are too restrictive or problematic single car garage provision,
limiting second floor space)
5. Changes seem reasonable and help provide housing diversity.
In addition to these comments,a local designer/builder that has offered perspective before
commented on their concern for reducing building envelope and imposing garage restrictions.
Commissioner Baker chimed in to clarify by saying staff is not proposing tighter garage restrictions
but rather loosening them.Zimmerman responded by saying that staff is no longer requiring two
garage stalls even though most people want them.Limiting a garage façade may lead to a single
stall garage for some lots.Commissioner Segelbaum asked if in general,these new regulations are
more restrictive for builds than currently exist.Zimmerman responded that’s accurate except for
dormer space,however that’s in response to being more restrictive in other areas.
City of Golden Valley Planning Commission Regular Meeting
June 8,2020 7 pm
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Chair Blum opened the public hearing at 7:42 pm,there were two callers in the queue at the time
of opening.
Public Comments:
Ruth Paradise,8515 Duluth Street,said designers may have mentioned a trend of more
bedrooms,but in her neighborhood,there are a few houses with one person living there.
Some have said they wanted a smaller house but couldn’t find one.Ms.Paradise stated this
could be an opportunity for smaller singlefamily homes.
Cathy Waldhauser 3220 Orchard Ave N,stated that the Planning Commission compromises
are spot on,they will solve most concerns about homes being too large for narrow lots.
Waldhauser stated that she hopes development can occur in other parts of the city with this
compromise.She’d like to see clusters of smaller homes on smaller lots in the city,she
understands this isn’t the goal now but maybe Golden Valley can head in that direction.
Commissioner Baker stated he’s becoming convinced that the dormer size/information with only
details from designers and builders isn’t sufficient and would like input from others who are
thinking ahead to the future of construction and who are focused on housing equity and
affordability.Commissioner Segelbaum responded he believes the Commission has been careful
not to weigh too heavily any one opinion,but to look at the collective.
The conversation moved into lots that are marketable and buildable.
MaryJane Pappas,20 Ardmore Drive,stated when thinking about the future,we all need
to be more mindful of how much raw material is being used.We also need to be more
economic when considering building a home and leaving green space when possible.
Pappas agrees with two bathrooms and two garage stalls because it creates resale value but
economic value needs to be considered.Many people prefer smaller homes as it cuts down
on costs and maintenance.
Commissioner Brookins stated the group shouldn’t require minimum or max garage size.He would
feel more comfortable not having that requirement at all as he feels that he can’t justify it.
The conversation continued regarding the topics listed by staff,past conversations,public input,
and the idea of considering building for projected demand instead of what’s desirable today.A
number of Commissioners stated they considered public input and were troubled that some
residents didn’t feel their input was actually considered.
Baker requested discussion on dormer dimensions and stated he would not support a
recommendation today.Blum then suggested the group go through each of the 9 items and asses
the group’s agreement.Segelbaum pointed out that each item is dependent on another so if one
changes then the others will too.Brookins stated the group should come to a decision otherwise
the conversation may continue for a few more months.
City of Golden Valley Planning Commission Regular Meeting
June 8,2020 7 pm
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MaryJane Pappas,20 Ardmore Drive,commented on Baker’s statement about needing a
model to see what the shading is with dormers.She suggested looking at an architect’s
plans and using that as a guide for minimum requirements.
Commissioner Sadeghi stated that he has access to a program that has a sun setting and that
creating a model and utilizing the sun shade setting would be easy.
The Commission moved on with staff to review all the listed items and restate Commissioners
previous opinions on each;discussion followed.
Chair Blum closed the public hearing at 8:44pm
Commissioners entered in to a conversation regarding the garage stall requirements and
transitioned into a conversation about dormers.Baker wanted to know the shadowing effect based
on dormers at different percentages.Commissioner Pockl asked if the regulations presented are
similar to those a previous builder suggested.Staff clarified that the dormer regulations were
stricter than the builder originally stated they’d like to see.These dormer regulations are to
address second floor usability but not to give back”space and mimic a full second floor.Brookins
stated he likes the dormer percentages even if they seem a bit too strict to him.Based on
questions,staff clarified gable and shed dormers.
The discussion transitioned into specific percentages,measurements,and the desire to see
modeling to understand proximity and shading.
MOTION made by Commissioner Baker and seconded by Commissioner Johnson to table the item
to the June 22,2020 meeting with staff providing more information on dormers.
Staff took a roll call vote and it passed 52.
Aye:Baker,Blum,Johnson,Pockl,Segelbaum
Nay:Brookins,Sadeghi
Televised portion of the meeting concluded at 9:46 pm
5. Council Liaison Report
Council Member Rosenquist updated the Commission on the City Council meeting where the
Schuller’s rezoning was discussed.The applicant withdrew prior to the staff presentation and will work
to find a compromise solution before the summer of 2021.She also mentioned the recent
Council/Manager meeting and the fact that the City will move forward with hiring an Equity,Inclusion,
and Volunteer Manager.Chair Blum asked a question about composting.
6. Reports on Meetings of the Housing and Redevelopment Authority,City Council,Board of Zoning
Appeals,and other meetings
City of Golden Valley Planning Commission Regular Meeting
June 8,2020 7 pm
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Planning Manager Zimmerman confirmed that Commissioner Brookins would be the Planning
Commission representative at the next Board of Zoning Appeals meeting.
7. Other Business
None.
8. Adjournment
MOTION made by Commissioner Pockl,seconded by Commissioner Baker and the motion carried
unanimously to adjourn the meeting at 9:58 PM.
Adam Brookins,Secretary
Amie Kolesar,Planning Assistant
REGULAR MEETING MINUTES
This meeting will be held via Cisco Webex in accordance with the local emergency declaration made
by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415-655-
0001 and entering the meeting code 287 136 762. For technical assistance, please contact support
staff at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the
meeting, you may submit the costs to the City for reimbursement consideration. Additional
information about for monitoring electronic meetings is available on the City website.
1. Call to Order
The meeting was called to order by Chair Seys at 6:33
2. Roll Call
Commissioners present: Scott Seys, Debra Yahle, Tonia Galonska, Dawn Hill, Jim Stremmel,
Wendy Weirich, Shannon Hansen
Commissioners absent: None
Council Members present: Larry Fonnest
Staff present: Eric Eckman, Environmental Resources Supervisor;
Emma Pierson, MN GreenCorps Member;
Carrie Nelson, Administrative Assistant
3. Resignation of Commission Member Susan Phelps
4. New Member Shannon Hansen
A. Shannon Hansen was given her Official Oath by Chair Seys
5. New Member Wendy Weirich
A. Wendy Weirich was given her Official Oath by Chair Seys
6. Approval of Agenda
MOTION by Commissioner Hill, seconded by Commissioner Stremmel to approve the agenda of
May 18, 2020 and the motion carried with the following additions recommended by Eric Eckman
to the Commission:
5A. Annual Commissioner Re-Orientation
5B. Review Commission Bylaws
May 18, 2020 – 6:30 pm
City of Golden Valley Environmental Commission Regular Meeting
April 27, 2019 – 6:30 pm
2
7. Approval of February 24, 2020 Regular Meeting Minutes
MOTION by Commissioner Yahle, seconded by Commissioner Galonska to approve the minutes of
April 27, 2020 as submitted and the motion carried.
8. Old Business
A. Partners in Energy Update
i. 2-year Cooperative Program with Xcel Energy
ii. City is working on developing an Energy Action Plan
1. 6 months of planning
2. 18 months of implementation
iii. Currently entering the recruitment phase of a 12-14 member team.
Recruitment will start soon.
1. Commissioners Hill and Galonska interested in applying.
2. Possibly members from other various boards/commissions such as the
Human Rights Commission, Planning Commission, Rising Tides Task
Force.
3. Also recruit from Golden Valley businesses and institutions, Community
Organizations, Multi-Family Organizations.
4. 1-2 citizen members not currently serving on boards/commissions.
B. 2019 Annual Report and 2020 Work Plan
i. Presented May 12 at the Council/Managers meeting. Council members are
appreciative of the work done by the commission and excited for the proposed
work to come.
ii. Council will officially accept the 2019 Annual Report and approve 2020 Work
Plan at the May 19 meeting.
iii. At the June meeting we will discuss ideas for the cooperative project between
the Human Rights Commission and the Environmental Commission.
C. Curbside Organics Collection - Commission Summary Report
MOTION by Commissioner Hill, seconded by Commissioner Stremmel to approve the
Curbside Organics Collection Commission Summary Report and the motion carried with
the following changes:
i. Change the 2nd to last paragraph to reflect that ‘the Commission took all public
comments into consideration when it made its recommendation, as the citizen
survey and open house were still ongoing.’
ii. Delete ‘and potentially offer first year assistance to low and fixed income
residents’ from the last paragraph.
D. Curbside Organics Collection - Update on Public Input
i. The Citizen Survey Closes on May 20. As of this meeting there have been 236
responses. Here are the results:
1. 87% of respondents are very or somewhat familiar with organics recycling
44% of respondents currently recycle organics at their home
City of Golden Valley Environmental Commission Regular Meeting
April 27, 2019 – 6:30 pm
3
27% of those recycling organics at home use curbside organics collection by
a hauler
2. Aspects of Organics Recycling Most Important to Respondents (out of 236):
a. Environmental Impact – 204
b. Cost of Service – 115
c. Creating a marketable product such as compost – 93
d. Transparent pricing – 77
e. Reducing the size of your trash bin – 75
f. Number of trucks on streets – 66
g. Storage of an additional bin – 50
h. Other - 12
3. Currently/Willing to Pay
a. 14% of all respondents currently pay a hauler to collect organics.
b. 60% of those without service would be willing to pay for curbside
organics collection (65% of all respondents support curbside
organics, either currently participating or willing to pay)
4. Monthly Cost People are Willing to Pay
a. $1 - $5 – 43 respondents
b. $6 - $10 - 56 respondents
c. $11 - $15 - 12 respondents
d. $16 - $20 - 5 respondents
e. Over $20 - 2 respondents
5. 72% of respondents would be interested in picking up finished compost
6. 64% of respondents support the City changing code to allow collection bins
to be visible from the street at all times
7. Virtual Open House –
a. Topics Covered:
i. What is Organics Recycling
ii. Benefits of Organics Recycling
iii. Recycling Methods
iv. Resilience & Sustainability Plan
v. Metropolitan Solid Waste Management Policy Plan
vi. Hennepin County Solid Waste Management Policy Plan
vii. Hennepin County Ordinance 13 and Compliance Options
viii. Other Cities’ Participation Rates and Costs
ix. Cart Comparisons
b. A "pay for your neighbor" program could be explored for feasibility
after Council gives direction on which type of program the City will
be implementing. The City would like to make organics recycling
accessible and affordable for all residents.
c. Once City Council gives direction on a program to implement, the
City will explore education campaign opportunities for the public to
City of Golden Valley Environmental Commission Regular Meeting
April 27, 2019 – 6:30 pm
4
learn more about Organics Recycling. Volunteers could be part of
that effort.
d. Recycling MRFs (Material Recovery Facilities) are required to
recover a minimum of 85% of recyclable materials that enter the
facility. The State of Minnesota has strict requirements for MRFs
and does not allow the landfilling of recyclable materials.
e. The State of Minnesota places responsibility for waste disposal on
waste generators and producers. The resident would be considered
a waste generator and therefore responsible for the cost associated
with managing that waste. To incentivize waste reduction, recycling,
and organics recycling over landfilling, the State and County tax
landfilling services but not recycling and organics recycling services.
Waste reduction is indeed the best practice, but is not always
feasible for every scenario. The Environmental Commission’s 2020
work plan includes exploring limitations on certain types of plastics
and containers.
9. New Business
A. Commissioner Re-Orientation
B. Review of Commission By-Laws
i. Eckman mentioned that Council will be considering the changes proposed by the
Commission in summer 2019 and will report back at the next meeting.
ii. No new changes proposed by Commission in 2020.
C. Election of Officers
MOTION by Commissioner Hill, seconded by Commissioner Galonska to re-elect
Commissioner Scott Seys as Chair and Commissioner Debra Yahle as Vice-Chair and the
motion carried.
D. Hennepin County Climate Action Plan
County Wide Plan
Hennepin County is reaching out to Cities, Watersheds, Park Districts, and others to
understand issues and needs and find common interests and mutual goals. We’re
experiencing climate change with wetter weather, warmer winters, and excessive heat
and drought now and in the future. DNR Office of Climatology is already seeing this and
has been for the last few decades. How do we respond to this at a local level? How do
we adapt? How do we prevent some of these issues?
Focus areas prioritized by partners are:
o Water, natural resources and land use
o Transportation and Infrastructure
o People: Health, behavior, & disparity reduction
o Buildings and energy
o Waste and materials
City of Golden Valley Environmental Commission Regular Meeting
April 27, 2019 – 6:30 pm
5
Staff will provide updates and announce any opportunities for input as the plan
continues to develop.
E. Program/Project Updates
i. Will a lack of a state bonding bill affect the project at Wildwood Park/SEA School?
1. The studying and planning will continue. Depending on how much/little
funding we get from a state bonding bill the project may have to be
completed in stages.
F. Council Updates
G. Other Business
10. Adjournment
MOTION by Commissioner Galonska, seconded by Commissioner Yahle to adjourn the
meeting at 8:33 pm and the motion carried.
ATTEST:
Carrie Nelson, Administrative Assistant Scott Seys, Chair
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn.Stat.12.37.In accordance with that declaration,beginning on March 16,
2020,all Board of Zoning Appeals meetings held during the emergency were conducted
electronically.The City used Webex to conduct this meeting and members of the public were
able to monitor the meeting by calling 14156550001 and entering the meeting code 806 533
109.
Call To Order
The meeting was called to order at 7 pm by Chair Nelson.
Roll Call
Members present:Nancy Nelson,Richard Orenstein,Chris Carlson,Sophia Ginis,Kade Arms
Regenold
Board Members absent:
Staff present:Planning Manager Jason Zimmerman and Planner Myles Campbell
Approval of Agenda
MOTION made by Nelson,seconded by Orenstein to approve the agenda of April 28,2020,as submitted
and the motion carried unanimously.
Approval of Minutes
MOTION made by Nelson,seconded by Orenstein to approve the December 16,2019,meeting minutes
as submitted and the motion carried unanimously.
Councilmember Larry Fonnest greeted all members and introduced himself to the new BZA members.
He gave a brief review,what to expect,and congratulated the BZA on their continued hard work.
Annual Board of Zoning Appeals Orientation
Jason Zimmerman,Planning Manager,started orientation with an introduction to the City of Golden
Valley’s demographics,the City Council,the City Manager,and City Leadership.Zimmerman continued
on to describe the Boards and Commissions,discuss bylaws and city code,the annual calendar,
meetings,and member terms.Zimmerman expanded on Board and Commissioner roles and
responsibilities,guiding principles and code of conduct,written record,and adhering to the state statute.
Variance Training for Board Members
Jason Zimmerman,Planning Manager,gave a presentation on what a variance is,what types of
variances are allowed,and what ordinance criteria leads to approval.Zimmerman expanded on the
previously mentioned state statute and the legal standard for variances.Member Carlson asked about
April 28,2020 7 pm
City of Golden Valley BZA Regular Meeting
December 16,2019 7 pm
2
the application and review process prior to an applicant presenting to the BZA.Myles Campbell,
Planner,illustrated the process,analysis,and potential alternatives to applying for a variance.
Presentation of 2019 Board of Zoning Appeals Annual Report
Myles Campbell,Planner,presented the annual report:
In 2019:
x 33 Variances were considered
o 30 variances were in the Residential R1)Zoning District
o Top three types of requests were for front setbacks,side setbacks and fence height.
o 21/33 Variances Approved
o 2/33 Variances were approved with Modifications
o 1/33 Variances were tables
o 9/33 Variances were denied
Campbell expanded on the variances based on project type and then gave a 5year summary of
variances considered and their type.
Officer Elections
Nancy Nelson nominated Richard Orenstein for Chair and it was seconded by Sophia Ginis.Richard
Orenstein nominated Sophia Ginis for Vice Chair and it was seconded by Nancy Nelson.
Staff took a roll call vote and both nominations passed unanimously.
Adjournment
MOTION made by Chair Nelson,seconded by Orenstein and the motion carried unanimously to adjourn
the meeting at 7:50 pm.
Richard Orenstein,Chair
Amie Kolesar,Planning AssistantieKolesaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaar,rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Planning Ass
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn.Stat.12.37.In accordance with that declaration,beginning on March 16,
2020,all Board of Zoning Appeals meetings held during the emergency were conducted
electronically.The City used Webex to conduct this meeting and members of the public were
able to monitor the meeting by calling 14156550001 and entering the meeting code 287 526
927.
Call To Order
The meeting was called to order at 7 pm by Chair Orenstein.
Roll Call
Members present:Nancy Nelson,Richard Orenstein,Chris Carlson,Sophia Ginis,Kade Arms
Regenold,Ron Blum Planning Commissioner
Members absent:
Staff present:Planning Manager Jason Zimmerman and Planner Myles Campbell
Approval of Agenda
MOTION made by Nelson,seconded by Orenstein to approve the agenda of May 26,2020,as submitted.
Staff took a roll call vote and the motion carried unanimously.
Approval of Minutes
MOTION made by Nelson,seconded by Carlson to approve the April 28,2019,meeting minutes as
submitted.Staff took a roll call vote and the motion carried unanimously.
1. 1421/1435 Rhode Island Ave North
Taylor Ward,Applicant
Requests:
Section 11388,Subd.f)(1)(a)10 feet off the required 35 feet to a distance of 25 feet at its closest
point to the front yard east)property line.
Section 11388,Subd.g)(3)11 square feet off the maximum allowed 1,000 square feet of
accessory space to a total area of 1,011 square feet
Section 11388,Subd.n)(4)Wavier to allow a second curb cut without a second legal garage
Section 11388,Subd.n)(2)3 feet off the required 3 feet to a distance of 0 feet at a paved area’s
closest point to a side yard line
May 26,2020 7 pm
City of Golden Valley BZA Regular Meeting
December 16,2019 7 pm
2
All four requests were presented on at the same time.
Myles Campbell,Planner,started with a background on the lot which originated as 3 smaller lots
that were then combined into a single parcel in 2008;the existing home at 1421 was built in 2009.A
subdivision request was recently approved to make two 80feet lots;1421 to the south and 1435 to
the north.The first two variance requests are related to the new property at 1435 and the second
two variances in this list are related to the 1421 property.
An existing curb cut and driveway is located on this property and is now situated on the property line
of the two lots.This driveway was grandfathered in when the lots were combined but now with the
lot split,the driveway needs to be brought to conformity or remove the curb cut.Campbell
presented a slideshow with photos of the lots and plans to illustrate the location and the variance
requests.Campbell reminded the group that there are three main items to consider during a staff
analysis:
1. Consistency with Zoning Code
2. Consistency with Comp.Plan
3. Property exhibits practical difficulties”
a. Reasonable use
b. Unique circumstances not created by the landowner
c. Does not alter the essential character
Campbell reviewed the zoning code and said staff felt all four requests largely matched with the
purpose statement in the city code.When looking at code related to the R1 district,the requests
would not allow additional unit density,garages and recreational vehicle storage are
complementary to residential use,but an additional curb cut is a more significant deviation from
the purpose of the R1 district.Looking at the 2040 Comprehensive Plan,the requests generally fit
with the goals of the Land Use and Housing Chapters of the 2040 Comprehensive Plan.Action on
the curb cut variance or removal)resolves subdivision conditions.This project is a great example
of reinvestment and infill development.
Regarding the front setback variance request:keeping the home in line with others on the street is
reasonable.The City acquired the additional ROW,this was not a choice made by the homeowner,
this action created a shallower lot to build on than surrounding properties.Keeping the home in
line with the others is less disruptive to the neighborhood character.
Regarding the accessory structure:having a garage is reasonable however the site has a twocar
garage and an additional one is an optional amenity.The lot is standard and therefore the
limitation is the existing garage that remained.11 extra feet of additional area would not be a
noticeable impact to the existing character.Additionally,11 feet could be found by reducing the
singlecar garage width slightly and still maintain space for a standard width vehicle.
Regarding the curb cut and driveway:vehicle storage in rear yards is expected however secondary
curb cuts and driveways without garages are discouraged and disallowed in the cases of new
builds.The home’s proximity to the southern property line likely won’t allow enough room to
extend the primary driveway across the rear yard.Street parking levels don’t constitute a unique
City of Golden Valley BZA Regular Meeting
December 16,2019 7 pm
3
circumstance.Grandfathered curb cuts exist in many older single family neighborhoods throughout
the city,but few are granted conformity through variance requests.Shared driveways aren’t
uncommon either but require the owner draft a private easement providing joint access and
maintenance.
In conclusion,staff recommendations are as follows:
x Staff recommends approval of the variance request of 10 feet off the required 35 feet to a
distance of 25 feet at its closest point to the front yard east)property line.
x Staff recommends denial of the variance request of 11 feet off the maximum allowed
accessory structure area of 1,000 to a total area of 1,011.
x Staff recommends denial of the variance request of a waiver of the second garage
requirement in order to keep an existing secondary curb cut.
x Staff recommends denial of the variance request of 3 feet off the required 3 feet to a
distance of 0 feet at the paved area’s closest point to the side yard property line.
Chair Orenstein asked what caused the issue for the curb cut since it had been in existence.
Campbell responded that the subdivision approval process requires the new lots be conforming
and the existing driveway was considered a nonconformity.There are other lots with a second
driveway that lead to the back of the lot and are used for vehicle storage.Those driveways are
grandfathered in and as long as the property isn’t subdivided,it’ll remain grandfathered in.
Taylor Ward,Applicant,stated the appeal for him to purchase the property was the second
driveway so he could store recreational vehicles and keep them off the road.Jason Zimmerman,
Planning Manager,asked the applicant if his boat could be stored at the northern property.Ward
responded that his parents will be living at the southern property and it’s their boat.He will be
living on the northern property and the existing driveway is too narrow for the boat.He also stated
the financial burden of removing the concrete and the city requirements for a contractor to replace
the curb cut.Member Nelson asked the applicant if reducing the attached garage width would be
still a usable space and Ward responded that he can reduce the width,he just would prefer to have
a wider garage for ease of use.
Chair Orenstein asked if there were any members of the public wishing to speak,none were
present.Campbell reminded the Board they had a letter in the packet from a neighbor of the
applicant,supporting the driveway variance.
The Board entered in to a discussion about the variance requests and a motions request was made
for each individual variance.
A MOTION was made by Nelson and seconded by Orenstein to follow staff recommendation and
approve the variance request of 10 feet off the required 35 feet to a distance of 25 feet at its
closest point to the front yard east)property line.Staff called a roll call vote and the motion
passed unanimously.
City of Golden Valley BZA Regular Meeting
December 16,2019 7 pm
4
A MOTION was made by Orenstein and seconded by Nelson to follow staff recommendation and
deny the variance request of 11 feet off the maximum allowed accessory structure area of 1,000 to
a total area of 1,011.Staff called a roll call vote and the motion passed unanimously.
A MOTION was made by Orenstein and seconded by Carlson to follow staff recommendation and
deny the variance request of a waiver of the second garage requirement in order to keep an
existing secondary curb cut.Staff called a roll call vote and the motion passed unanimously.
A MOTION was made by Carlson and seconded by Blum to follow staff recommendation and deny
the variance request of 3 feet off the required 3 feet to a distance of 0 feet at the paved area’s
closest point to the side yard property line.Staff called a roll call vote and the motion passed
unanimously.
2. 4725 Olson Memorial Highway
Mike Olson,Applicant
Requests:
Section 11395,Subd.g)(10)(c)10 feet off the required 30 feet to a distance of 20 feet at its closest
point to the wide yard west)property line
Section 11395,Subd.f)(10)(b)(2)10 feet off the required 35 feet to a distance of 25 feet at its
closest point to the front yard west)property line
Section 113151 Waiver of the prohibition on parking within the front yard landscaped area
Section 113151,Subd.c)3 spaces off the 36 parking spaces required for a total of 33 parking
spaces on the property
Myles Campbell,Planner,started with a background of the applicant and the four variance requests
that will be addressed together.The property is a current office building on Olson Memorial and the
applicant is intending to build an accessory storage structure on the lot.The gross square footage of
the principal structure is 9,216 and the lot area is about 38,583 sq.ft.There are currently 28 parking
spaces including 2 handicap spaces.Variances were approved in 2000 for a significant expansion o
the building to the west.The expansion wasn’t completed but the parking distance from the side and
rear property were brought in to conformity as part of the approvals.Staff used the same three items
in their analysis as with the previous variance.
Regarding the accessory structure setback:these structures are allowed in the district and this
structure otherwise meets the use,size,and design standards of the code.The lot layout creates
issues locating a detached structure.The connection to the parking lot is also necessary to move
materials to and from vehicles.The structure would abut a large parking lot to the west,a railroad to
the south,and not impact any principal issues.
City of Golden Valley BZA Regular Meeting
December 16,2019 7 pm
5
Regarding the front setback and overhang:the overhang redesign is reasonable in its finish and scale;
previous variances have approved much more intrusive changes to the front setback.The lot has a
unique shape and the culdesac causes the front yard to narrow near the building entrance.An
updated overhang matches the finishing on the accessory structure and staff doesn’t feel it detracts
from nearby structures.
Regarding new accessible spaces:the new space locations will reduce the distance between the lot
and building entrance.Maintaining the current location of the accessible parking is an option,but
would result in fewer parking spaces on site.This item would impact the view from the frontage road
and essentially create a parking par at the end,this may not detract from the character but it’s a
notable change.The location in relation to the frontage road eliminates a landscaped buffer and that
is a significant variance from code.
Regarding minimum parking provided:the applicant has increased total parking provided on site
while maintaining good circulation through the existing lot.The current lot is at the max for usable
spaces but providing additional parking to the east,as approved in 2000,isn’t optimal as it requires
additional setback variances and increases the site’s total hardcover.Additional spaces shouldn’t
have an impact on existing character.
In conclusion,staff recommendations are:
x Staff recommends approval of the variance of 10 feet off the required 30 feet to a distance of
20 feet at its closest point to the side yard west)property line.
x Staff recommends approval of the variance of 10 feet off the required 35 feet to a distance of
25 feet at its closest point to the front yard west)property line.
x Staff recommends denial of the variance of a waiver of the front yard landscaped area
requirement for the added accessible spaces off of the frontage road.
x Staff recommends approval of the variance of 3 parking spaces of the required 36 spaces
required for the lot.Additionally,staff is open to increasing this variance approval to 6 spaces
off the required 36 in the case that the Board does not approve the preceding variance allowing
the new accessible spaces.
Mike Olson/Brett Amundson,Applicants,responded that the goal for accessible parking to the
front is to create equal access to the front of the building.Board members asked if there was an
elevator in the rear and the applicant responded no but they’re installing a lift at the front and with
the added front access,all tenants will have the ability to use the front door.They didn’t want to
create a situation where anyone who needed ramp access,had to use the back door.
Chair Orenstein asked if there were any members of the public wishing to speak,none were
present.
The Board entered in to a discussion about the variance requests and a motion request was made
for each individual variance.
City of Golden Valley BZA Regular Meeting
December 16,2019 7 pm
6
A MOTION was made by Orenstein and seconded by Nelson to follow staff recommendation and
approve the variance of 10 feet off the required 30 feet to a distance of 20 feet at its closest point
to the side yard west)property line.Added Condition:the applicant will construct the facility
consistent with the plans submitted or be held to the standards of the materials section of the
zoning code,whichever is more stringent.Staff took a roll call vote and the motion passed
unanimously.
A MOTION was made by Nelson and seconded by Orenstein to follow staff recommendation and
approve the variance of 10 feet off the required 35 feet to a distance of 25 feet at its closest point
to the front yard west)property line.Staff took a roll call vote and the motion passed
unanimously.
A MOTION was made by Nelson and seconded by Carlson to follow staff recommendation and
deny the variance of a waiver of the front yard landscaped area requirement for the added
accessible spaces off of the frontage road.Staff took a roll call vote and the motion passed
unanimously.
A MOTION was made by Orenstein and seconded by Nelson to follow staff recommendation and
approve the variance of 6 parking spaces off the required 36 spaces required for the lot.Staff took
a roll call vote and the motion passed unanimously.
Adjournment
MOTION made by Nelson,seconded by Chair Orenstein and the motion carried unanimously to adjourn
the meeting at 9:03 pm.
Richard Orenstein,Chair
Amie Kolesar,Planning AssistantKoKoKooooKoKoKoKKKoooKoKoKoooKKKKooKKooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooollellllellelellsar,PlPPPPPPlPlPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPlPPPPPPPPananananannnannannnnannannnnnannnnanaannnananannnnnnaanaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaning Assistan
gofdt:v'11va ey EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. E. 1. Approve Construction Contract for the 2020 Pennsylvania Woods Habitat Restoration Project
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, and staff recognizes this as an excellent opportunity to fund restoration
and habitat enhancement in more of its natural areas.
The scope of the Pennsylvania Woods Habitat Restoration Project is 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 that were not already enhanced as part of the
Decola Ponds B & C Improvement Project.
This work aligns with the City's goals identified in its Natural Resource Management Plan. Goal #1 is to
Protect, Preserve, Restore, Enhance and Acquire Natural Areas and Open Space. Within the
Management 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 was next on the list 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 Executive Summary
City of Golden Valley
July 7, 2020
2
Three quotes were received and are listed below:
Contractor Total Bid
Landbridge Ecological $44,855.75
Applied Ecological Services $52,676.05
Prairie Restorations, Incorporated $74,441.00
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the
quote to Landbridge Ecological.
Financial or Budget Considerations
On March 17, 2020 the City approved a Grant Agreement with the Minnesota Department of Natural
Resources to accept the Department of Natural Resources Grant – Pennsylvania Woods Habitat
Restoration. The City received the maximum grant award in the amount of $50,000 and is required to
provide a local match of 10% cash or in-kind resources up to $5,000. Funds are available in the
Environmental Control budget 7303.6340.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement for the Pennsylvania
Woods Habitat Restoration with Landbridge Ecological Services in the form approved by the City
Attorney for the Restoration Project No. #20-07 in the amount of $44,855.75
Supporting Documents
Location Map (1 page)
Contract for Local Improvement (31 pages)
I-169Hwy 100H w y
5 5
I-
394Site
Glenwood AveDouglas Dr
NWinnetka Ave NMedicine Lake Rd Duluth St Go l d e
n V a lley
1
Project Quote Package and Specifications
PENNSYLVANIA WOODS NATURE AREA
HABITAT RESTORATION
CITY PROJECT NO. 20-07
2
I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly
Licensed Professional Engineer under laws of the State of Minnesota.
Jeff Oliver, PE, City Engineer
Date June 5, 2020 Reg. No. 23110
3
Contents
CONTRACT FOR LOCAL IMPROVEMENT ........................................................................................................................ 4
EXHIBIT A: SCOPE OF WORK .................................................................................................................................................. 13
EXHIBIT B: SPECIAL CONDITIONS ................................................................................................................................. 14
EXHIBIT C: PROPOSAL FORM/CONTRACT PRICE .......................................................................................................... 19
EXHIBIT D: PLANS ........................................................................................................................................................ 21
EXHIBIT E: PREVAILING WAGE FORMS ........................................................................................................................ 28
4
CONTRACT FOR LOCAL IMPROVEMENT
THIS AGREEMENT is made this 7th day of July, 2020 (the “Effective Date”) by and between Landbridge
Ecological, a corporation located at 670 Vandalia Street, St. Paul, Minnesota 55114 (“Contractor”), and the City
of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden
Valley, MN 55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of habitat and natural area restoration.
B. The City desires to hire Contractor to provide for invasive species control and native vegetative habitat
enhancement within Pennsylvania Woods Nature Area in Golden Valley, Minnesota (the “Project”).
C. Contractor represents that it has the professional expertise and capabilities to provide the City with
the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor
is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and
Contractor agree as follows:
AGREEMENT
1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the
Work”). The Work includes all work and services required by this Agreement, whether completed or partially
completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor
to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the
attached Exhibit B and the plans in the attached Exhibit D. Contractor shall at all times keep the premises free
from accumulation of waste materials and debris caused by Contractor’s operations.
2. Time for Completion. Contractor shall commence Work no later than November 2, 2020. The
Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s
engineer on or before May 26, 2023 (the “Contract Time”). Contractor shall notify the City in writing of any
cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the
Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work
at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control,
the City may, at its discretion, extend the Contract Time.
3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor the
amount set forth in the attached Exhibit C (the “Contract Price”). The consideration shall be for both the
Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of Project labor and hours, rates, titles, and
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty (30) days after receiving a statement from Contractor.
5
4. DNR Grant Contingency. The City’s obligation under this Agreement is contingent upon the City
receiving DNR ECP Grant funds.
5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done
or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and
specifications of this Agreement. Any such work or materials furnished by Contractor without written City
approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by
the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be
deducted from the contract price for the Work.
6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All
capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract
Documents, shall have the meaning set forth in the Contract Documents.
7. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental
expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless
reimbursement is provided for an expense that received the prior written approval of the City, which approval
may be provided via electronic mail.
8. Approvals. Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be
provided via electronic mail.
9. Protection of Persons and Property. Contractor shall initiate, maintain and supervise all safety
precautions and programs in connection with the performance of the Work. Contractor shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement,
roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any
of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
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10. Acceptance of the Work. All of the Contractor’s Work and labor shall be subject to the inspection and
approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the
materials shall be removed and replaced with other approved materials and the labor shall be done to the
satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at
Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction
thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to
Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and
delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final
Completion issued by the City, which shall state the date on which the City accepts the completed Work (the
Final Completion Date”).
11. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience
necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities,
is not suspended or debarred in Minnesota, and will complete the Work in a manner consistent with the level
of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further
represents and warrants to the City that the materials and equipment furnished under this Agreement are of
good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that
the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials,
or equipment not conforming to these requirements may be considered defective. Contractor shall promptly
correct any defective Work. Costs of correcting such defective Work, including additional testing and
inspections, the cost of uncovering and replacement, and compensation for any additional services and
expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude
remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its
subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance,
improper operation or normal wear and tear under normal usage.
12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials
furnished and installed under this contract for a period of one year after the Final Completion Date (the
Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications.
If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee
Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such
notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a
reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense.
The Guarantee Period shall be extended with respect to portions of Work first performed after the Final
Completion Date by the period of time between final payment and the actual completion of that portion of the
Work. The one-year period for correction of Work shall not be extended by corrective Work performed by
Contractor pursuant to this Section.
Nothing contained in this Section shall be construed to establish a period of limitation with respect to other
obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction
of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work,
and has no relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to establish
Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work.
13. Termination. This Agreement shall remain in force and effect commencing from the effective date and
continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or
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amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractor for Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
14. Amendments. No amendments may be made to this Agreement except in a writing signed by both
parties.
15. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any
combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not
be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available
because of Contractor’s breach.
16. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the
books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the
contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a
minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment.
The parties agree that this obligation will survive the completion or termination of this Agreement.
10. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or
assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,
volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character;
damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to
attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from
or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or
employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by
any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or
maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or
limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these
indemnification obligations shall survive the completion or termination of this Agreement.
11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement.
Contractor agrees that before any Work related to the Project can be performed, Contractor shall maintain at
a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by
Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death
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of any person, and property damage arising out of the ownership, maintenance, and use of
such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide
the City with a current certificate of insurance including the following language: “The City of Golden Valley is
named as an additional insured with respect to the commercial general liability, business automobile liability
and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form
on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and
contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written
notice is provided to the City, or 10 days’ written notice in the case of non-payment.
12. Compliance with State Withholding Tax. Before the City makes final payment for the Work, Contractor
must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section
290.92 requiring the withholding of State Income Tax for wages paid employees on the Project by providing to
the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that
before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an
affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes
Section 290.92.
13. Performance and Payment Bond. Prior to Commencement of the Work, Contractor shall make,
execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of the
contract price for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the
Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and
shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds
have been received and approved by the City.
14. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest
in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in
violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights
under or interest (including, but without limitation, moneys that may become due or moneys that are due) in
the Agreement without the written consent of the other except to the extent that the effect of this limitation
may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent Contractor from employing such independent consultants, associates,
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and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this
Agreement. Any instrument in violation of this provision is null and void.
15. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor is to
perform and is customarily engaged in the independent performance of the same or similar work for others.
Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the
manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall
be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners.
Contractor 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 Work provided
by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not
as an employee of the City for any purpose, including but not limited to: income tax withholding, workers'
compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
16. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’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. Contractor agrees and understands that a violation of any of
these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate
termination of the Agreement by the City.
17. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and
Contractor, and supersede any other written or oral agreements between the City and Contractor.
18. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
19. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be
heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive
any objection to the jurisdiction of these courts, whether based on convenience or otherwise.
20. Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and
developed in connection with the provision of the Work pursuant to this Agreement shall become the property
of the City, but reproductions of such records, information, materials and other work products in whole or in
part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that
it will not disclose for any purpose any information Contractor has obtained arising out of or related to this
Agreement, except as authorized by the City or as required by law. These obligations survive the termination
of this Agreement.
21. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances
of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City
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and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested
Work.
22.Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service
providers for this or other matters, in the City’s sole discretion.
23.Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement
shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if
it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to
provide access to public data to the public if the public data are available from the City, except as required by the
terms of this Agreement. These obligations shall survive the termination or completion of this Agreement.
24.No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on
the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public
assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement.
Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the
Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor
agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees
and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests,
invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon
request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work
under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA
requirements for effective communication with individuals with disabilities.
25.Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff
Oliver, City Engineer, or designee. Contractor’s authorized agent for purposes of administration of this contract
is Elissa Thompson, or designee who shall perform or supervise the performance of all Work.
26.Notices. Any notices permitted or required by this Agreement shall be deemed given when personally
delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested,
addressed to:
THE CITY OF GOLDEN VALLEY
JEFF OLIVER
7800 Golden Valley Road
Golden Valley, MN 55427
LANDBRIDGE ECOLOGICAL
Patrick Kelly
670 Vandalia Street
St. Paul, MN 55114
patrick@landbridge.eco joliver@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance with
this provision.
26.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 awaiver.
27.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.
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28. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors
furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and
demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying
such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued
indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments
shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from
the amounts and timing of the installments shall be construed as impairing the right of the City or of those to
whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for
any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen,
contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor
within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the
subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a
month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance
of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and
disbursements, including attorney’s fees, incurred in bringing the action.
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 Contractor did not authorize the
Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of
Contractor, described in this Agreement, personally.
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 Contractor agree that the Recitals are true and correct and are fully incorporated
into this Agreement.
Remainder of page intentionally left blank. Signature page follows.]
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IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
LANDBRIDGE ECOLOGICAL: CITY OF GOLDEN VALLEY:
By:
Name:
Title:
By:
Shepard M. Harris, Mayor
By:
Timothy J. Cruikshank, City Manager
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EXHIBIT A: SCOPE OF WORK
This is a vegetation enhancement project with limited soil disturbance. The Work includes invasive species control
and native vegetative habitat enhancement within Pennsylvania Woods Nature Area in Golden Valley, Minnesota.
The Work includes, but is not limited to, all labor, equipment, materials and hauling for the completion of the
Project and is more fully detailed Exhibit B—Special Conditions. All bid submittals must be accompanied by a
completed prevailing wage payroll form (see Exhibit E).
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EXHIBIT B: SPECIAL CONDITIONS
15
CITY OF GOLDEN VALLEY
SPECIAL CONDITIONS FOR
PENNSYLVANIA WOODS NATURE AREA
HABITAT RESTORATION PROJECT NO. 20-07
1. Project Description: This is a vegetation enhancement project with limited soil disturbance. The Work
includes invasive species control and native vegetative habitat enhancement within Pennsylvania Woods Nature
Area in Golden Valley, Minnesota. The Work includes, but is not limited to, all labor, equipment, materials and
hauling for the completion of the Project. The Project is made possible in part by a grant provided by the Minnesota
Department of Natural Resources. By submitting a bid, Contractor acknowledges it is subject to and will comply with
all Department of Natural Resources Conservation Partners Legacy Expedited Conservation Project Grant
requirements.
2. Prevailing Wages: Pursuant to Minnesota Statutes 177.41 to 177.44, and corresponding Minnesota Rules
5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota
Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and
mechanics the established prevailing wages for work performed under the contract. Failure to comply with the
aforementioned may result in civil or criminal penalties. Contractor shall comply with all of the applicable provisions
contained in Chapter 177 of the Minnesota Statues, and specifically those provisions contained in
Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with
respect to the Project. See Exhibit A for the Certified Payroll Form that must be filled out and submitted along with
any submitted quotes. All bid submittals must be accompanied by a completed prevailing wage form located in
Exhibit E.
3. Start and Completion Dates: Award of this contract is scheduled for the Golden Valley City Council meeting
July 7, 2020. Contractor shall furnish all required bonds and insurance within one (1) week of award of Contract, and
may commence the Work upon issuance of a written Notice to Proceed by the Engineer in charge of the Project (the
Engineer”).
This is a three-year planting, establishment, and management project. The majority of the Work will be conducted
in the first year, with two subsequent years of monitoring and vegetation management.
Contractor shall begin by November 2, 2020 and complete it no later than May 30, 2023. Delays due to failure by
Contractor to provide the necessary insurance and bond documentation in a timely manner for approval, so as to
meet the specified Completion Date, will not be considered justification for contract extensions. By entering into a
contract to perform the Work, Contractor agrees to substantially complete the Work within the time periods
specified. In addition to the invasive species removal and plant establishment, the Project will require three years
of vegetation management as part of the contract. This includes but is not limited to: watering, invasive species
control, plant replanting, mowing/trimming, spot spraying, burning, and erosion control.
4. Schedule and Working Hours: The Work shall begin after the City issues a Notice to Proceed, but no later
than November 2, 2020. Working hours shall be from 7 am to 7 pm Monday through Friday, except holidays, unless
approved in writing by the Engineer. Contractor shall schedule the Work to comply with this requirement.
The City may require Contractor to perform some Work at times other than those indicated if the Engineer deems
it is in the best interest of the City and its residents. No claims for extra compensation will be considered for
complying with this requirement.
Contractor shall complete invasive species removal on or before December 20, 2020. Contractor shall complete
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Native seeding throughout the Project site on or before May 29, 2021. Contractor shall complete the Work,
including all Integrated Plant Management and controlled burns, on or before May 30, 2023.
5. Pre-Construction Conference: Prior to commencing the Work, Contractor shall attend a mandatory pre-
construction conference at the Project site with the authorized representatives of the City, the Engineer and persons
of the contracting firm or firms who will have direct responsibility for workmanship and/or materials used in the
Project. At the conference, the parties will discuss all aspects of the Work, including a critical path phasing plan and
schedule for completion. The parties will discuss and reach an agreement on any and all questionable
measurements, materials, methods, or other matters at this conference.
6. Permits: Contractor shall obtain all required permits, including but not limited to a Stormwater
Management Permit and Right of Way Management Permit from the City, and shall notify all utilities of the Work
through the Gopher State One Call system. City permit costs are available by calling the Golden Valley Engineering
Department at 763-593-8030. Contractor shall be responsible for all permit costs, including fees and any required
bonds and insurance. It is not anticipated that any DNR public water permitting or WCA permits will be required, but
if required, Contractor shall obtain and pay for all such permits.
7. Measurement and Payment: Payment for all items shall be by the unit price Quote. All quantities listed are
estimates only. Contractor shall field verify all quantities and shall contact the City if there is an increase or decrease
in the quantities listed. No consideration will be given to requests to modify unit prices due to increased or decreased
quantities.
8. Buckthorn Removal and Treatment: Buckthorn removal will be considered complete when all buckthorn
has been removed, stumps have been treated, and all remnants have been rendered non-viable within the nature
area. Priority will be given to mechanical means of removal before using herbicide. If less than 3/8 inches in
diameter, plants can be removed by hand. Small seedlings usually do not re-sprout and, therefore must be pulled.
For plants greater than 3/8 inches in diameter but smaller than 2 inches, use a hand tool that pulls the shrub out,
such as an Uprooter or Root Talon. Hand-pulling tools can cause soil disturbance and disturbed soil may result in
increased seed germination. Contractor shall minimize soil disturbance and tap soil and vegetation back into place
after pulling plants.
If pulling individual plants is impractical, Contractor may, with written approval from the Engineer, spray the
foliage of short buckthorn or seedlings with an approved herbicide.
Buckthorn plants that are two inches in diameter or larger must be controlled by cutting the stem at the soil
surface and then covering or treating the stump with herbicide to prevent re- sprouting. Cutting can be effectively
done with hand tools (for a few plants), chain saws or brush cutters. The root mass of plants that are 4” or more in
diameter should be ground down before treatment. All plant stumps must be chemically treated or capped after
cutting. All buckthorn that has been cut must be treated with an herbicide approved in writing by the Engineer.
Chemical control options for cut stumps include treating the stump immediately after cutting (within 2 hours) with
an herbicide containing triclopyr (Garlon 3A/Vastlan, Garlon 4, or other brush killers with triclopyr) or glyphosate
to prevent re-sprouting. Oil-based products of triclopyr ester (Garlon 4, Pathfinder II) can be applied when the
temperature is below freezing (below 32 degrees F). If directed to complete the herbicide treatment, Contractor
must apply two herbicide treatments to the area during the growing season. Contractor shall follow the chemical
usage guidelines in paragraph 9 herein if using chemicals during site buckthorn removal and treatment.
9. Use of Chemicals. It is the City’s policy to reduce the use of chemicals that have the potential to harm or
impact natural resources and human health. Contractor must take all necessary precautions and measures to protect
17
the environment and human health and safety while working. Contractor shall adhere to the following guidelines
whenever using chemicals at the site:
a. Contractor shall follow all label instructions for herbicides.
b. All chemicals shall be approved in writing by the Engineer prior to application.
c. Applicators must be certified pesticide applicators and be trained in the proper techniques for
handling and applying the chemicals used. For areas near water resources, Contractor must use
chemicals that are approved for the use near water and meet all state and federal regulations.
Considering the proximity to wetlands in this Project area, only herbicide approved for use near
water will be allowed.
d. In order to minimize any potentially negative impacts, Contractor shall use the minimum effective
rate of the chemicals.
e. Contractor shall consider weather conditions before applying chemicals to a site.
f. When using chemicals near water, Contractor shall ensure all chemicals are approved for proximity
to water and shall follow all State and Federal guidelines.
10. Disposal and Controlled Burns. Contractor may dispose of plant materials by hauling them to an appropriate
waste facility or by conducting a controlled burn. Before the movement of any invasive species they must be
rendered nonliving and nonviable. Contractor must notify the City at least four weeks in advance if it intends to
complete a controlled burn and must obtain prior written approval from the Engineer and Fire Chief to conduct the
controlled burn. Approximately two to three weeks prior to the burn, the City will mail an advance notification letter
to properties located within 500 feet of the burn area. On the day of the burn, Contractor shall notify all property
owners adjacent to the planned burn site. Before conducting a controlled burn, Contractor shall obtain the proper
permits from the Department of Natural Resources and the Golden Valley Fire Chief or Fire Marshal. Contractor shall
notify the 911 Dispatch Center before and after the burn. Contractor shall also notify neighboring residents and
businesses about the burn and potential smoke concerns.
Controlled burns shall only be conducted by trained crews. The controlled burns contemplated as part of the Work
are smaller scale, and in a suburban setting. This creates many challenges for the crews. Smoke is typically the biggest
concern. If Contractor conducts burns, they shall be conducted with proper wind conditions so smoke does not blow
onto busy roadways, or towards buildings. Contractor must also account for the presence of trees and shrubs in or
near the planting. Because the burns are wind and weather dependent, the precise timing of a burn is often made
24 to 48 hours prior. All Work must comply with the procedures outlined in DNR Operational Order 113.
11. 2575.502 Native Vegetative Establishment: Contractor shall establish buffer areas with native
vegetation, which shall include the following mixes as shown in the plans:
a. Wet Prairie Native Seeding: BWSR seed mix 34-262 Wet Prairie, or approved alternative.
b. Upland Native Seeding: Shady woodland mix or approved alternative
Contractor shall properly prepare the seed bed Proper prior to the seeding, which preparation shall include all
required dragging, raking, topsoiling, disking, etc. Contractor shall be solely responsible for replacement or repair
of any seeded area that may wash out, erode, or fail to grow prior to the acceptance with no additional
compensation therefore. This includes areas that may wash away due to heavy rains or high pond levels.
As part of the seeding Quote items, Contractor shall ensure satisfactory initial establishment of vegetation.
Contractor is responsible for successful establishment of the seed and shall replace all unsuccessful seeding until
adequate native vegetation is established. This includes watering the areas as necessary and as directed by the
18
Engineer to promote growth. Insufficient establishment shall be defined as any spots, areas, or patches that have
shorter, sparser or otherwise limited establishment relative to satisfactory areas. Contractor shall repair all areas
that have insufficient establishment as directed by the Engineer, within (7) days of being notified of said
insufficient growth. Whether vegetation establishment is satisfactory shall be determined by the Engineer in their
sole discretion.
Contractor shall guarantee that, by the end of the first growing season, at least 90% of seeded areas have uniform
plant cover (native) and seedlings of at least 50% of planted species are present and widely distribute. Partial
Payment will not be made until there is a 40% uniform vegetative cover throughout the areas seeded. Final
payment will only be made when there is a 90% uniform vegetative cover throughout the areas seeded.
Contractor will be asked to provide invoice for seed and plant amount verification prior to payment.
12. 3885.503 Erosion Control Blanket: Contractor shall install Erosion control blankets on all areas to be
seeded near water bodies, and slopes greater than 3:1. Any Erosion Control blanket used shall be natural net
or biodegradable material, with no synthetic netting. Synthetic net becomes a maintenance issue over time,
disrupts wildlife movement, and is often not conducive to seed germination. Any alternative product must be
approved by the Engineer prior to use. Straw mulch may be an acceptable alternative in areas located away
from water bodies, and where existing vegetation prevents the use of erosion blanket. Contractor shall install
all Erosion Control Blanket according to MnDOT spec 3885, and fastened with biodegradable staples or
approved alternative.
13. Intergrated Plant Management (IPM): Integrated Plant Management (IPM) is a combination of many
hands-on management techniques used during the growing season. The goal of IPM is to remove unwanted
species from the native plantings. The method of control varies by species and density of the weeds. Contractor
shall visit the site periodically during the growing season to conduct various IPM tasks, as needed on a site-by-
site basis. IPM tasks may include but are not limited to; hand pulling, complete site mowing, spot mowing,
inter-seeding, chemical treatment, and woody plant management.
All types of controls will be paid at the same rate. Payment for IPM tasks is reflected in the unit price for IPM for
each location and includes all materials, labor and equipment to complete the Work. Contractor shall follow the
chemical usage guidelines in paragraph 9 herein if using chemicals during IPM. Contractor shall mark areas that are
chemically treated as part of the IPM with signs designated by the Engineer and shall remove signage at the
appropriate time. Chemical control is paid under the unit price for each location for IPM and covers all costs of
time, material, and chemical.
14. Erosion Control Log or Equivalent: Contractor shall coordinate and ensure all appropriate measures
have been taken to prevent sediment from leaving the Project site and minimizing sediment transport into the
ponds, trials, or adjacent streets. In the event that downslope erosion control is required, Contractor shall stake
in straw logs or equivalent. The Project will not be considered completed until all required vegetation is
properly established and all temporary erosion control measures have been removed.
19
EXHIBIT C: PROPOSAL FORM/CONTRACT PRICE
To:Contact:Elissa Thompson
Address:Phone:612-402-4402
Email:elissa@landbridge.eco
Project Name:Pennsylvania Woods Habitat Bid #:2
Project Location:Golden Valley Bid Date:6.22.20
Addendum #:
Item #Unit Est Qty Unit Price Total Price
1 AC 5.29 3,200.00$ 16,928.00$
2 AC 3 2,900.00$ 8,700.00$
3 AC 0.41 2,775.00$ 1,137.75$
4 SY 1400 2.10$ 2,940.00$
5 TRIP 1 2,000.00$ 2,000.00$
6 TRIP 2 2,250.00$ 4,500.00$
7 TRIP 2 2,000.00$ 4,000.00$
8 TRIP 1 2,425.00$ 2,425.00$
9 LF 500 4.25$ 2,125.00$
10 TRIP 2 50.00$ 100.00$
44,855.75$
NOTES:
Year 1 IPM***
Year 2 IPM
Year 3 IPM
Item Description
Buckthorn Removal & Treatment *
Upland Native Seeding **
BID PROPOSAL
Landbridge Ecological is a locally-owned and operated small, Woman-Owned Business Enterprise (WBE) and is certified through the Minnesota
Unified Certification Program (MnUCP) and by the Central Certification Program as a DBE- Small and Women Business Enterprise (S/WBE) in
Hennepin and Ramsey Counties. Proof of certification is available on request.
Assumes Buckthorn Removal Via Cut, Pile, & Burn **Upland seed not specified, per acre cost for upland native seeding based on SSNS Savanna
and woodland edge mix. ***Landbridge recommends more than one IPM visit in growing season 1. The primary goal for new seedings is preventing a
shade canopy and the seeding out of annual weeds.
City of Golden Valley
TOTAL BASE BID:
Year 3 Controlled Burn
Erosion Control Log
Street Sweeping
BASE BID
Wet Prairie Native Seeding
Erosion Blanket (Nat Net)
21
EXHIBIT D: PLAN
22
23
BWSR Wet Prairie seed mix 34-262
24
Center of nature area upland
25
Looking south
26
Center of Nature Area near trail
27
Trail within Nature Area
28
EXHIBIT E: PREVAILING WAGE FORMS
29
Minnesota Department of Labor and Industry Certified Payroll Form
This is a two part form consisting of Part 1 - Prevailing Wage Payroll Information listed below and the accompany Part 2 - Statement of Compliance. The contractor and subcontractor(s) shall
furnish these completed forms every two weeks to the contracting authority. Copies of the Prevailing Wage Payroll Information form and the Statement of Compliance form are available at
DLI.MN.GOV/LS/PrevWage.asp
All payrolls must be certified by attaching to each report a completed and executed Statement of Compliance.
Name of Contractor or
Subcontractor
Prime Contractor Name
Address & Telephone Number Address & Telephone Number
Contract Purchase Order Number Pay Period End Date Project Name and Location Payroll #
1 2 3 4 5 Day of Week & Date (xx/xx) 6 7 8 9 10 11
Employee Name, Address, &
Identifying Number
DO NOT provide Social Security
No.)
of
Exemp-
tions
Labor Code and
Classification
Title
OT
ST
Su M T W Th F S
Total
Hrs
This
Job
Hrly
Rate
s of
Pay
Gross
Amt.
Earne
d This
Job
Gross
Amt
Earne
d This
Pay
Period
FICA Fed
Tax
State
Tax
Other
Specify)
Other
Specify) Total
Deductions
Total Net
Wages Paid
Hours Worked Each Day
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
Pursuant to the Minnesota Government Data Practices Act, all of the data provided hereunder is public data, which is available to anyone upon request. DO NOT provide any confidential data such as
social security numbers, in part or whole, on this form. This data is collected pursuant to Minnesota Stat. §177.30 Sub. 4 and 177.43 Sub. 3. If you have questions regarding the Prevailing Wage Laws,
contact the Minnesota Department of Labor & Industry, 443 Lafayette Road Nl, St. Paul, MN 55155, Phone (651) 284-5091 or 1-800-DIAL-DLI (1-800-342-53584), TTY (651) 297-4198. The willful
falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution under state and/or federal law.
30
MINNESOTA DEPARTMENT OF LABOR & INDUSTRY
Part 2 Statement of Compliance
REPORT NUMBER STATE PROJECT NAME AND LOCATION DATE
CONTACTING AUTHORITY PROJECT GENERAL CONTRACTOR
CONTRACTOR/SUBCONTRACTOR PHONE NUMBER CONTRACT PURCHASE ORDER NUMBER
ADDRESS CITY/STATE ZIP
TYPE OF WORK
Complete as described on solicitation documents.)
STATEMENT WITH RESPECT TO COMPLIANCE AND WAGES PAID
I, do hereby state:
Name of signatory party) (Title- Owner or Officer)
1) That I pay or supervise the payment of the persons employed by
on said Contract; that during the payroll period commencing on the day of of the year , and
ending the day of of the year , there were employees performing work on said
Contract. That all persons performing work under said Contract are listed on the payroll and have been paid the full prevailing wages
for all hours worked under said Contract, that no rebates and or deductions have or will be made either directly or indirectly to or
on behalf of said (Contractor or Subcontractor)
from the full wages earned by any person, other than permissible deductions as defined in Minnesota Statutes 177.24, Subdivision
4, 181.06, and 181.79, issued by the Minnesota Commissioner of Labor and Industry and described below:
DESCRIBE LEGAL DEDUCTIONS
2) That the payroll submitted under said Contract is complete and accurate; that the wage rate(s) of the laborer(s), mechanic(s), and
worker(s) performing work under said Contract is (are) paid according to the wage determination(s) and labor provisions incorporated
in said Contract and according to applicable laws; that wages paid to laborer(s) mechanic(s), and worker(s) performing work under
said Contract is at least the prevailing wage rate for the most similar classification of labor performed as defined under applicable law;
and that the laborer(s), mechanic(s), and worker(s) performing work under said Contract is (are) paid for all hours in excess of the
prevailing hours at a rate of at least one and one-halftimes the applicable base rate of pay.
3) That any apprentices employed during said payroll period are duly registered in a bona fide apprenticeship program registered with
the Minnesota Department of Labor and Industry, or are registered with the Bureau of Apprenticeship and Training; United States
Department of Labor.
4) That:
a) WHERE FRINGE BENEFITS ARE PAID TO ANY APPROVED PLANS, FUNDS, OR PROGRAMS
In addition to the basic hourly wage rates paid to each laborer, worker or mechanic listed on said payroll, payments
to current, bona fide fringe benefit programs as set forth in paragraph 4(d), have been or will be made to the
program's administrators as set forth in paragraph 4(e) for the benefit of said employees, except as noted in Section
4(c).
b) WHERE FRINGE BENEFITS ARE PAID IN CASH TO ALL EMPLOYEES
Each laborer, worker, or mechanic listed on said payroll has been paid, as indicated on the payroll, an amount not
less than the sum of the applicable basic rate plus the fringe rate as listed in the appropriate wage determination
incorporated into said Contract.
NOTE- FRINGE BENEFIT SECTIONS C, D, E AND SIGNATURE BLOCK ARE ON NEXT PAGE
31
c) EXCEPTIONS
EMPLOYEE NAME CLASSIFICATION/OCCUPATION EXPLANATION
d) BENEFIT PROGRAM INFORMATION in DOLLARS CONTRIBUTED PER HOUR (Must be completed if 4(a) is
checked.)
PROGRAM TITLE, CLASSIFICATION TITLE, OR
INDIVIDUAL EMPLOYEES
HEALTH/
WELFARE
VACATION/
HOLIDAY
APPRENTI-
CESHIP
TRAINING
PENSION OTHER INCLUDE
TITLE
e) BENEFIT PROGRAM INFORMATION (Must be completed if 4(a) is checked.)
NAME & ADDRESS OF FRINGE BENEFIT FUND,
PLAN, OR PROGRAM
ADMINISTRATOR
BENEFIT ACCOUNT
NUMBER
THIRD PARTY TRUSTEE AND/OR
CONTACT PERSON
TELEPHONE NUMBER
The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution under federal
and/or state law.
NAME AND TITLE OF OWNER OR OFFICER SIGNATURE
As a representative of the contractor submitting the payroll identified above, I hereby certify that the payroll is true and correct to the best of my
knowledge.
NOTE: For information regarding this form, submission of payroll records, or copies of the laws stated above, contact the Minnesota Department of
Labor and Industry, 443 Lafayette Road N., St. Paul, MN 55155, Phone: (651) 284-5091 or 1-800-DIAL-DLI (1-800-342-5354), TTY: (651)
297-4198
gofdt�II va ey
EXECUTIVE SUMMARY Public Works 763-593-8030 I 763-593-3988 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. E. 2. Approve Purchase of Ionization Devices for City Hall and Public Safety Ventilation Systems
Prepared By
Tim Kieffer, Public Works Director
Summary
The Center for Disease Control and Prevention (CDC) and Minnesota Department of Health (MDH)
have established protocols for building heating, ventilation, and air conditioning (HVAC) systems to
protect workers and visitors from COVID-19. Staff worked with the City's HVAC contractor, UHL
Company, to evaluate City Hall and Public Safety HVAC systems. In addition to following required
protocols, like using MERV 13 air filters, staff proposes to purchase ionization devices to disinfect the
interior air.
The patented ionization devices produce positive and negative ions that attach to fine particles and
pathogens so they are easier to filter. Additionally, the ions have been shown to neutralize COVID-19
by 99.4% within 30 minutes. The devices are ozone-free and passed the RCTA DO-160 aircraft
standard.
Financial Or Budget Considerations
The total cost to purchase and install the ionization devices is $23,250. Staff anticipates to be
reimbursed for this purchase with CARES relief funds.
Recommended Action
Motion to authorize the Mayor and City Manager to execute Purchase Contract with UHL Company, Inc. in
the form approved by the City Attorney to purchase ionization devices for City Hall and Public Safety
ventilation systems in the amount of $23,250.
Supporting Documents
•UHL Company, Inc. Quote (2 pages)
RUN
9065 Zachary Lane N. i R19F` S';AL
Maple Grove, MN 55369
Proposal #: JL20054
Date: 6/19/2020
To: City of Golden Valley Project: GPS Ionization for City Hall/
7800 Golden Valley Road Public Safety Buildings
Golden Valley, MN 55427
Attention: Al Lundstrom
We propose to furnish the material and perform the labor necessary to:
Add Global Plasma Solutions ionization iMOD rods, and control panel to city hall and public safety
air handling units
Control panels to be powered from panels located adjacent from each unit in mechanical spaces
Add Global Plasma Solutions ionization FC48 units to (4) roof top units located on the city hall
building
FC48 units to be powered from directly from the main feed to the roof top unit or off of the roof top
control board
The patented technology uses an electronic charge to create a plasma field filled with a high
concentration of + and - ions. As these ions travel with the air stream they attach to particles,
pathogens and gases. The ions help to agglomerate fine sub -micron particles, making them filterable.
The ions kill pathogens by robbing them of life -sustaining hydrogen. The ions breakdown harmful
VOCs with an Electron Volt Potential under twelve (eV<12) into harmless compounds like 02, CO2,
N2, and H2O. The ions produced travel within the air stream into the occupied spaces, cleaning the air
everywhere the ions travel, even in spaces unseen.
Startup and verification of operation
One year parts and labor warranty
All material is guaranteed to be as specified, and the above work to be completed in a substantial workmanlike
manner for the sum of $23,250.00
Any alteration or deviation from above specifications involving extra cost will be executed only upon written
order and will become an extra charge over and above the estimate. This proposal is valid for 30 days.
Respectfully submitted: fake Lehmann
Account Manager
ACCEPTANCE OF PROPOSAL
The prices, specifications and additional Terms and Conditions set forth on the next page of this proposal are
satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as
outlined herein.
Accepted by: Name (print):
Title: Company Name:
Date:
Page 1 of 2
Uhl Company, Inc. — Terms and Conditions of Service
1. Uhl Company will use competent personnel and state of the art equipment to perform its work in a timely and professional
manner.
2. Uhl Company warrants it is covered by Worker's Compensation insurance, general liability insurance, automobile liability
insurance, and excess liability policies. Certificates for all such insurance policies will be provided to you upon written
request. You will carry Builder's Risk with fill owner and contractor coverage's and other necessary insurance for the project.
3. Payment is due within 30 days of Uhl Company's invoice date. Interest shall accrue on any unpaid balance at a rate of 1.5%
per month. Acceptance by Uhl Company of partial payments shall not constitute any release of collection or lien rights.
4. In the event of your default, Uhl Company will give 10 days notice to cure. If you remain in default, Uhl Company may
terminate this agreement and recover the balance due. You will pay all expenses, damages and cost, including reasonable
attorney's fees, incurred by Uhl Company in collecting the outstanding debt.
5. If, for any reason, you direct a cessation of the work on all or any part of the project, Uhl Company shall be paid at least for
the portion of its work completed at the time of cancellation, including all expenses incurred by Uhl Company.
6. Unless otherwise specified in the proposal, Uhl Company will not furnish any performance or material payment bond.
7. All repair labor is guaranteed for 90 days (except in the case of compressor replacements which carry a thirty day warranty),
while materials and parts are warranted per manufacturer specifications. Warranties do not apply where failure is a result of
faulty installation or abuse, or incorrect electrical connections or alterations made by others, or use under abnormal operating
conditions or misapplication of the products and parts. Uhl Company makes no other warranty expressed or implied; and any
implied warranty of merchantability or fitness for a particular purpose which exceeds the foregoing is hereby disclaimed by
Uhl Company and excluded from any agreement made by acceptance of an order pursuant to this proposal. Under no
circumstance shall Uhl Company be liable for prospective or speculative profits, or special, indirect, incidental, consequential,
or punitive damages and/or physical injuries. Under no circumstances will Uhl Company's liability exceed the dollar amount
of this proposal and shall terminate one year after the completion of Uhl Company's work, and Uhl Company may, at its
option, provide a repair or replacement remedy.
8. All material and equipment furnished and installed by Uhl Company will carry the manufacturer's standard warranty. In many
cases, this warranty will include an allowance for the cost of labor and related costs such as crane rental, refrigerant, etc., for
correcting defects in material and workmanship, for a period of 90 days after installation. However, if the standard
manufacturer's warranty does not provide for this additional coverage, the owner will be responsible for payment of these
repairs. THIS WARRANTY SPECIFICALLY EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH
AS MOLD. UHL COMPANY HAS MADE NO INSPECTION FOR, NOR REPRESENTATION REGARDING THE
EXISTENCE OR NON-EXISTENCE OF MOLD ON THE OWNER'S PREMISES. UHL COMPANY HAS FURTHER
MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED WILL ASSIST IN THE
PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS.
9. Everyone is concerned over the potential threat to our environment by the release of chlorofluorocarbon refrigerants (C.F.C.'s)
into the atmosphere. Uhl Company has for many years had a "no pollution, we care" policy with contaminants including
refrigerants and refrigerant oil. Our technicians are trained to reclaim, filter, and reuse these refrigerants or, if badly
contaminated, recycle them for re -use. All used refrigerant oils are disposed of through a licensed disposal organization. Many
contractors are talking about doing something about pollutants —Uhl Company IS DOING IT.
10. Our pricing does not cover any cost that may be incurred due to hazardous material or its removal or disposal, unless
specifically provided for in the attached proposal. If such costs are incurred by Uhl Company, they will be passed on to you at
Uhl Company's actual cost without the need for written approval.
11. All estimated labor is to be performed during Uhl Company's normal working hours unless specified elsewhere in this
proposal.
12. For compressor replacements, Uhl Company will perform an acid test after the drier change (testing for any unsafe acidic oil
levels). If more drier and oil changes are needed, you will be informed, and the cost of these additional changes will be added
to the contract price.
13. This contract constitutes the entire agreement and complete understanding between the parties. No verbal representations shall
be binding on either party and you have not relied on any representation made by Uhl Company that is not contained herein.
14. These Terms may in some instances conflict with some of the terms and conditions or other document issued by you. In such
case, the Terms contained herein shall govern and acceptance of this Proposal is conditioned upon your acceptance of the
Terms herein.
15. Uhl Company shall not be liable for any penalty or damage, delay or injury, or for failure to give notice of delay, or to
perform, when such damage, delay, injury or failure is due to the elements, acts of god, acts of the owner, act of civil or
military authority, war, riots, terrorism, concerted labor action, strikes, shortages of materials, accidents or any cause beyond
the reasonable control of Uhl Company. The completion date shall be deemed extended for a period of time equal to the time
lost due to any delay excusable under this provision.
Page 2 of 2
gofdt�II EXECUTIVE SUMMARY
va ey Public Works 763-593-8030 I 763-593-3988 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. E. 3. Approve Annual Bobcat Equipment Trade-Out
Prepared By
Tim Kieffer, Public Works Maintenance Manager
Summary
Council approved enrollment into the Bobcat Annual Trade-Out Program in 2018. The program allows
the City to purchase a new machine every year for a set price after trade-in. The price is around the
estimated depreciation value. The City will be responsible for routine maintenance and non-warranty
repairs. The City saves approximately $2,000 per year for each piece of equipment in the program. The
savings come from maintenance and repair costs by eliminating the need to replace wear items; such
as tires, tracks, sprockets, hoses, belts, tie rods, ball joints, and CV axles. Additional savings come from
major repairs covered under warranty and less downtime.
Staff recommends purchasing the equipment from the state contract through the State of Minnesota's
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
contract number E-110(5) through the CPV.
Contract No. Item Vendor Amount
E-110(5)Bobcat 5600 Toolcat Tri-State Bobcat Inc. $54,091.22
Unit 718 Trade-in $49,591.22
Total Remittance to Vendor $4,500.00
Staff solicited quotes for the Bobcat 5610 Toolcat because the CPV did not award a contract for that
model. Quotes were received from Farm-Rite Equipment and Tri-State Bobcat. The results are as
follows:
Farm-Rite Equipment, Inc.
Tri-State Bobcat Inc.
Item
Bobcat 5610 Toolcat
Unit 460 Trade-in
Total Remittance to Vendor
$49,883.83
$49,709.33
Vendor
Tri-State Bobcat Inc.
Amount
$49,709.33
$45,209.33
$4,500.00
City Council Regular Meeting Executive Summary
City of Golden Valley
July 7, 2020
2
Financial Or Budget Considerations
The 2020 Vehicle and Equipment Capital Improvement Program includes $55,000 for the replacement
purchase of a 5610 Toolcat (V&E- 107) and $54,500 for the replacement purchase of a 5600 Toolcat
V&E-116).
Recommended Action
Motion to authorize the Mayor and City Manager to execute Annual Bobcat Equipment Trade-Out
Purchase Contract with Tri-State Bobcat, Inc. in the form approved by the City Attorney to purchase a
Bobcat 5600 Toolcat in the amount of $54,091.22 and trade in Unit 718 in the amount of $49,591.22.
Motion to authorize the Mayor and City Manager to execute Annual Bobcat Equipment Trade-Out
Purchase Contract with Tri-State Bobcat, Inc. in the form approved by the City Attorney to purchase a
Bobcat 5610 Toolcat in the amount of $49,709.33 and trade in Unit 460 in the amount of $45,209.33.
Supporting Documents
Tri-State Bobcat 5600 Toolcat Quote (2 pages)
Farm-Rite Equipment 5610 Toolcat Quote (2 pages)
Tri-State Bobcat 5610 Toolcat Quote (2 pages)
Product Quotation
Quotation Number: 27757D027958
Date: 2020-06-01 14:06:55
Ship to Bobcat Dealer Bill To
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Tri-State Bobcat Inc,Burnsville,MN
1200 HWY 13 E
BURNSVILLE MN 55337-2214
Phone: (952) 894-0894
Fax: (952) 894-5759
Contact: Jon Quirk
Phone: 952-894-0894
Fax: 952-894-5759
Cellular: 612-282-9805
E Mail: jonq@tristatebobcat.com
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Description Part No Qty Price Ea. Total
Bobcat 5600 M1221 1 $42,723.20 $42,723.20
Adjustable Vinyl Seats
All-Wheel Steer
Automatically Activated Glow Plugs
Auxiliary Hydraulics
Variable Flow with dual direction detent
Beverage Holders
Bob-Tach
Boom Float
Cargo Box Support
Cruise Control
Deluxe Operator Canopy includes:
Front Window, Rear Window ,
Front Wipers, and Electrical Power Port
Lower Engine Guard
Limited Slip Transaxle
Engine and Hydraulic Monitor with Shutdown
Front Work Lights
Full-time Four-Wheel Drive
Horsepower Management
Roll Over Protective Structure (ROPS) . Meets Requirements
of SAE-J1040 & ISO 3471
Falling Object Protective Structure (FOPS) . Meets
Requirements of SAE-J1043 & ISO3449, Level I
Dome Light
Hydraulic Dump Box
Instrumentation:
Hour meter, Job Hours, Speedometer,
Tachometer, Fuel Gauge, Engine
Temperature Gauge, and Warning Lights
Joystick, Manually Controlled with Lift Arm Float
Lift Arm Support
Parking Brake, automatic
Power Steering with Tilt Steering Wheel
Radiator Screen
Rear Receiver Hitch
Seat Belts, Shoulder Harness
Spark Arrestor Muffler
Suspension, 4-wheel independent
Tires: 27 x 10.5-15 (8 ply), Lug Tread
Toolcat Interlock Control System (TICS)
Two -Speed Transmission
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months or total
of 2000 hours after initial 12 month warranty
Factory Installed Deluxe Road Package M1221-P01-C01 1 $1,857.60 $1,857.60
Backup Alarm
Turn Signals
Flashers
Tail Lights
Brake Lights
Rear View Mirror
Side Mirrors
Horn
Lower Engine Guard
Rear Work Lights
Headlights
Cab Enclosure with Heater & Air
Conditioning
M1221-R02-C03 1 $3,891.20 $3,891.20
High Flow Package M1221-R03-C02 1 $1,388.80 $1,388.80
29 X 10.5 Trac Tire M1221-R05-C04 1 $436.80 $436.80
Heavy Duty Battery M1221-R07-C02 1 $77.60 $77.60
Attachment Control M1221-R08-C02 1 $188.80 $188.80
Power Bob-Tach M1221-R12-C02 1 $879.20 $879.20
Radio Option M1221-R15-C02 1 $426.40 $426.40
Traction Control M1221-R16-C02 1 $436.00 $436.00
Dealer Installed Rear Window Guard 7150926 1 $872.74 $872.74
Attachments 62" Heavy Duty Bucket 7272678 1 $712.88 $712.88
Bolt-On Cutting Edge, 62" 6718005 1 $200.00 $200.00
Total of Items Quoted $54,091.22
Dealer P.D.I. $0.00
Freight Charges $0.00
Dealer Assembly Charges $0.00
Trade-in 2019 5600 TOOLCAT AHG817209 ($49,591.22)
Quote Total - US dollars $4,500.00
Notes: Pricing per MN State Contract # E-110(5)
All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.
Customer Acceptance: Purchase Order: ___________________________
Authorized Signature:
Print:_________________________ Sign:_________________________ Date: ________
Product Quotation
Quotation Number: 29938D029988
Date: 2020-06-30 15:47:52
Ship to Bobcat Dealer Bill To
CITY OF GOLDEN VALEY
7800 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Farm-Rite Equipment, Inc,
Dassel,MN
901 PARKER AVE
P.O. BOX 26
DASSEL MN 55325-0026
Phone: (320) 275-2737
Fax: (320) 275-3232
Contact: Tim Krahn
Phone: 701-212-0776
Fax: 617-292-9340
Cellular: 701-212-0776
E Mail: Tim.Krahn@Doosan.com
CITY OF GOLDEN VALEY
7800 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Description Part No Qty Price Ea. Total
Bobcat 5610 M1223 1 $67,554.00 $67,554.00
Adjustable Vinyl Seats
All-Wheel Steer
Automatically Activated Glow Plugs
Auxiliary Hydraulics
Variable Flow with dual direction detent
Beverage Holders
Bob-Tach
Boom Float
Cowl and Cowl Support
Cruise Control
Deluxe Equipment:
Cab Enclosure with Heater and Air Conditioning
Deluxe Operator Canopy (Front Window, Rear Window,
Front Wipers, and 2-Electrical Power Port)
Deluxe Road Package (back-up alarm, turn signals, flashers,
tail lights, brake lights, rear view mirror, side mirrors, horn,
lower engine guard, rear work light, and headlights)
Engine and Hydraulic Monitor with Shutdown
Front Work Lights
Full-time Four-Wheel Drive
Horsepower Management
Instrumentation:
Hour meter, Job Hours, Speedometer,
Tachometer, Fuel Gauge, Engine
Temperature Gauge, and Warning Lights
Heavy Duty Battery
High Flow Hydraulics and Attachment Control Kit
Keyless Ignition System
Power BobTach
PTO Package (rear PTO-540 RPM, PTO Shield, PTO
Tachometer)
Three-Point Hitch Package (Three-Point, depth position
gauge)
Rear Remote Package (One set of poppet-style couplers, for
use with implement hydraulics)
Roll Over Protective Structure (ROPS) - Meets Requirements
of SAE-J1040 & ISO 3471
Falling Object Protective Structure (FOPS) - Meets
Requirements of SAE-J1043 & ISO3449, Level I
Interior Trim
Joystick, Manually Controlled with Lift Arm Float
Lift Arm Support
Limited Slip Transaxle
Parking Brake, automatic
Power Steering with Tilt Steering Wheel
Radiator Screen
Radio:
AM/FM/Weatherbanb
Aux Input & Head Phone Jacks
Lower Engine Cover
Rear Reciever Hitch
Seat Belts, Shoulder Harness
Spark Arrestor Muffler
Storage Bins
Suspension, 4-wheel independent
Tires: 27 x 10.5-15 (8 ply), Lug Tread
Toolcat Interlock Control System (TICS)
Two-Speed Transmission
Traction Control
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months or total
of 2000 hours after initial 12 month warranty
Dome Light
29 X 12.5 Turf Tires M1223-R05-C05 1 $786.00 $786.00
Strobe Light 6815259 1 $158.03 $158.03
62" Heavy Duty Bucket 7272678 1 $938.00 $938.00
Bolt-On Cutting Edge, 62" 6718005 1 $193.00 $193.00
Total of Items Quoted $69,629.03
Dealer P.D.I. $150.00
Freight Charges $833.00
Dealer Assembly Charges $160.50
Trade-in Toolcat Trade In S/N B2LH11664 ($44,900.00)
Discount Toolcat Municipal Discount ($10,444.35)
Discount FarmRite Municipal Matching Discount ($10,444.35)
Quote Total - US dollars $4,983.83
Notes:
All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.
Customer Acceptance: Purchase Order: ___________________________
Authorized Signature:
Print:_________________________ Sign:_________________________ Date: ________
Product Quotation
Quotation Number: 27757D027959
Date: 2020-06-01 14:13:14
Ship to Bobcat Dealer Bill To
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Tri-State Bobcat Inc,Burnsville,MN
1200 HWY 13 E
BURNSVILLE MN 55337-2214
Phone: (952) 894-0894
Fax: (952) 894-5759
Contact: Jon Quirk
Phone: 952-894-0894
Fax: 952-894-5759
Cellular: 612-282-9805
E Mail: jonq@tristatebobcat.com
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Phone: (763) 593-3981
Fax: (763) 593-8024
Description Part No Qty Price Ea. Total
Bobcat 5610 M1223 1 $67,554.00 $67,554.00
Adjustable Vinyl Seats
All-Wheel Steer
Automatically Activated Glow Plugs
Auxiliary Hydraulics
Variable Flow with dual direction detent
Beverage Holders
Bob-Tach
Boom Float
Cowl and Cowl Support
Cruise Control
Deluxe Equipment:
Cab Enclosure with Heater and Air Conditioning
Deluxe Operator Canopy (Front Window, Rear Window,
Front Wipers, and 2-Electrical Power Port)
Deluxe Road Package (back-up alarm, turn signals, flashers,
tail lights, brake lights, rear view mirror, side mirrors, horn,
lower engine guard, rear work light, and headlights)
Engine and Hydraulic Monitor with Shutdown
Front Work Lights
Full-time Four-Wheel Drive
Horsepower Management
Instrumentation:
Hour meter, Job Hours, Speedometer,
Tachometer, Fuel Gauge, Engine
Temperature Gauge, and Warning Lights
Heavy Duty Battery
High Flow Hydraulics and Attachment Control Kit
Keyless Ignition System
Power BobTach
PTO Package (rear PTO-540 RPM, PTO Shield, PTO
Tachometer)
Three-Point Hitch Package (Three-Point, depth position
gauge)
Rear Remote Package (One set of poppet-style couplers, for
use with implement hydraulics)
Roll Over Protective Structure (ROPS) - Meets Requirements
of SAE-J1040 & ISO 3471
Falling Object Protective Structure (FOPS) - Meets
Requirements of SAE-J1043 & ISO3449, Level I
Dome Light
Interior Trim
Joystick, Manually Controlled with Lift Arm Float
Lift Arm Support
Limited Slip Transaxle
Parking Brake, automatic
Power Steering with Tilt Steering Wheel
Radiator Screen
Radio:
AM/FM/Weatherbanb
Aux Input & Head Phone Jacks
Lower Engine Cover
Rear Reciever Hitch
Seat Belts, Shoulder Harness
Spark Arrestor Muffler
Storage Bins
Suspension, 4-wheel independent
Tires: 27 x 10.5-15 (8 ply), Lug Tread
Toolcat Interlock Control System (TICS)
Two-Speed Transmission
Traction Control
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months or total
of 2000 hours after initial 12 month warranty
Factory Installed 29 X 12.5 Turf Tires M1223-R05-C05 1 $786.00 $786.00
Dealer Installed Strobe Light 6815259 1 $158.03 $158.03
Attachments 62" Heavy Duty Bucket 7272678 1 $938.00 $938.00
Bolt-On Cutting Edge, 62" 6718005 1 $173.00 $173.00
Total of Items Quoted $69,609.03
Dealer P.D.I. $150.00
Freight Charges $833.00
Dealer Assembly Charges $0.00
Trade-in 2019 5610 TOOLCAT S/N B2LH11664 ($45,209.33)
Discount TRI STATE BOBCAT DISCOUNT ($10,441.35)
Discount Factory Municipal Discount ($10,441.35)
Quote Total - US dollars $4,500.00
Notes:
All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.
Customer Acceptance: Purchase Order: ___________________________
Authorized Signature:
Print:_________________________ Sign:_________________________ Date: ________
gofdt:v'11va ey EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. E. 4. Authorize Professional Services Agreement for Phase Ill of the Downtown Study
Prepared By
Jason Zimmerman, Planning Manager
Summary
At the direction of the City Council, staff has worked to prepare for consideration an agreement with
Hoisington Koegler Group Inc. (HKGi) to perform Phase Ill of the Downtown Study over the summer
and fall of 2020.
The study will continue work begun in Phases I and II and will develop concepts for catalyst sites in the
southwest and northeast quadrants of the downtown. Information related to the northeast quadrant will
be shared with those conducting the City's municipal facilities study. Design guidelines will also be
developed for sites, buildings, streets, and walk/bikeways and implementation strategies will be identified.
Opportunities for feedback from property owners and the general public will be included, and a final
Downtown Framework Plan document will be prepared for the Council to consider.
The agreement includes a not to exceed amount of $30,000 which is below the amount of $35,000
budgeted by the City Council. Coordination between HKGi and staff would resume in July and
completion of the study is estimated for December.
Financial Or Budget Considerations
The agreement would utilize $30,000 of the $35,000 budgeted for this project by the City Council.
Recommended Action
Motion to authorize an agreement to conduct Phase Ill of the Downtown Study with Hoisington
Koegler Group Inc.
Supporting Documents
•Professional Services Agreement (12 pages)
1
PROFESSIONAL SERVICES AGREEMENT
PLANNING SERVICES FOR THE DOWNTOWN STUDY PHASE III
THIS AGREEMENT is made day July 7, 2020 (“Effective Date”) by and between Hoisington Koegler Group, Inc
HKGi) a State corporation with its principal office at 123 North Third Street, Suite #100, Minneapolis,
Minnesota 55401 (“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 prepare building, street, and trail redevelopment concepts
for catalyst sites and it assemble a Downtown Framework Plan Document for adoption by the City
Council to for the Golden Valley Downtown Study Phase III.
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 on or before December 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
30,000. 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.
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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.
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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. $4,000,000 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. $1,000,000 Each claim
2. $1,000,000 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. $2,000,000 per claim
2. $4,000,000 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
Jason Zimmerman, Planning Manager, or designee. Consultant’s authorized agent for purposes of
administration of this contract is JEFF MILLER, 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
Hoisington Koegler Group, Inc. (HKG) City of Golden Valley
Jeff Miller Jason Zimmerman
123 North Third Street, Ste 100 7800 Golden Valley road
Minneapolis, MN 55401 Golden Valley, MN 55437
jmiller@hkgi.com jzimmerman@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. 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.
27. 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.
28. 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.
29. 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.
30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
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31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event 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.
32. Counterparts and Electronic Communication. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
33. Recitals. The City and 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.
HOISINGTON KOELGER GROUOP, 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
1
EXHIBIT A
DOWNTOWN STUDY PHASE 3
WORK SCOPE
The intent of this work scope is to complete a Downtown Framework Plan that builds upon Phases
1 and 2, including the interim reports for each phase. As a result of Phase 2, catalyst sites have
been identified in the SW and NE quadrants. More refined concepts will be developed for these
catalyst sites. It is intended that the NE quadrant concept will provide information that will be
useful for the City’s planned municipal facilities study. Design guidelines will be developed for
all four quadrants relating to sites, buildings, streets and walk/bikeways. Implementation
strategies will be researched and identified. This planning process will involve meetings with the
City Staff Team, Planning Commission/City Council, catalyst site property owners, and the
general public. The work scope for the Golden Valley Downtown Study, Phase 3, consists of the
following tasks, deliverables, and estimated hours and fees by task.
Tasks
Our work scope consists of the following three (3) tasks and related sub-tasks:
Task 1 Prepare Draft Catalyst Site, Street and Trail Redevelopment Concepts
1.1 Refine SW and NE site concepts including building placement, massing, and character
1.2 Prepare draft street/sidewalk, trail, and “signature downtown pathway” schematic
designs
1.3 Meeting with staff to gain feedback on concepts
1.4 Prepare revised concepts
1.5 Prepare draft site, building, street and walk/bikeway design guidelines for each quadrant
1.6 Meeting with PC/CC
1.7 Conduct community engagement for input on concepts and design guidelines
Task 2 Prepare Final Concepts and Implementation Strategies
2.1 Prepare final concepts
2.2 Prepare final site, building, street and walk/bikeway design guidelines for each quadrant
2.3 Prepare draft implementation strategies
2.4 Meeting with staff to gain feedback on implementation strategies
2.5 Prepare final implementation strategies
Task 3 Assemble Downtown Framework Plan Document
3.1 Prepare draft plan document
3.2 Meeting with staff to review draft document
3.3 Meeting with PC/CC to review draft plan document
3.4 Prepare final plan document
3.5 Meeting with CC to approve final plan document
2
Project Deliverables
Our work scope consists of the following deliverables:
A professionally prepared final Downtown Framework Plan document, in both physical
and electronic format, that includes the following:
o Interim Report (January 2020) elements
o Refined catalyst site concepts for the SW and NE quadrants
o Schematic design concepts for streets/sidewalks, trails, and the “signature
downtown pathway”
o Site, building, street and walk/bikeway design guidelines for each quadrant
o Implementation strategies
Meetings with the City Staff Team, Planning Commission/City Council, the general
public, and catalyst site property owners
Estimated Hours and Fees by Task
Hours Fees
Task 1 120 $15,700
Task 2 50 $6,900
Task 3 60 $7,000
Reimbursable Expenses $400
Total 230 $30,000
EXHIBIT B
FEE SCHEDULE
EXHIBIT B
HOISINGTON KOEGLER GROUP INC.
2020 HOURLY RATES
Principal ....................................................... $180-225/hr
Associate ...................................................... $145-165/hr
Senior Professional ....................................... $90–165/hr
Professional II ................................................ $80-115/hr
Professional I .................................................. $50–95/hr
Technical .......................................................... $50-70/hr
Secretarial ............................................................. $60/hr
Litigation Services .............................................. $240/hr
Testimony ........................................................... $285/hr
Incidental Expenses:
Mileage ..................................... current federal rate/mile
Photocopying BW ............................................. 15¢/page
Photocopying Color ....................................... $1.00/page
Outside Printing ............................................Actual Cost
Large Format Scanning .................................Actual Cost
B/W Bond Plots ............................................. $5.00 each
Color Bond Plots .......................................... $10.00 each
Photo Paper Color Plots ............................... $30.00 each
gofdt:v'11va ey EXECUTIVE SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. F. 1. Acceptance of Donation for Park Bench to be located at Brookview Park
Prepared By
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants
must be acknowledged and accepted by motion with a simple majority.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Resolution accepting the donation from the Wittman Family for the addition of a park
bench in Brookview Park to honor of Lisa Wittman.
Supporting Document
•Resolution accepting the Donation of a Park Bench from the Wittman family for Brookview Park (1
page)
RESOLUTION NO. 20-39
RESOLUTION ACCEPTING THE DONATION OF A PARK BENCH FROM THE
WITTMAN FAMILY FOR BROOKVIEW PARK
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following
donations on behalf of its citizens:
2,300 donation from the family of Lisa Wittman for the addition of a bench honoring
Lisa at Brookview Park.
Adopted by the City Council of Golden Valley, Minnesota this 7th day of July, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
gofdt:v'11va ey EXECUTIVE SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. F. 2. Acceptance of Donation for a Tree in Brookview Park
Prepared By
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must
be acknowledged and accepted by motion with a simple majority. We have prepared the following
resolution detailing the specific donor and their fiscal gift for your consideration.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Resolution accepting the donation from the Osbeck Family for the addition of a tree in
Brookview Park to honor of Violet Lucille Osbeck.
Supporting Documents
•Resolution accepting the Donation of a Tree from the Osbeck family Brookview Park (1 page)
RESOLUTION NO. 20-40
RESOLUTION ACCEPTING THE DONATION OF A TREE FROM THE
OSBECK FAMILY FOR BROOKVIEW PARK
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW , THEREFORE, BE IT RESOLVED that the City Council accept the following
donations on behalf of its citizens:
350.00 donation from the family of Violet Lucille Osbeck for the addition of a tree to
honor Violet at Brookview Park.
Adopted by the City Council of Golden Valley, Minnesota this 7th day of July, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
gofdt:v'11 EXECUTIVE SUMMARY va ey Parks and Recreation 763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. F. 3. Acceptance of Donation from Golden Valley Federated Women's Club
Prepared By
Brian Erickson, Recreation Supervisor
Rick Birno, Director of Parks & Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must
be acknowledged and accepted by motion with a simple majority. We have prepared the following
resolution detailing the specific donor and their fiscal gift for your consideration.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Resolution accepting a Donation from the Golden Valley Federated Women's Club for
the Summer Concert Series
Supporting Documents
•Resolution Accepting a Donation from Golden Valley Federated Women's Club for the Summer
Concert Series (1 page)
RESOLUTION NO. 20-41
RESOLUTION ACCEPTING DONATION FROM
GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR
THE SUMMER CONCERT SERIES
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. All donations and grants must be acknowledged and accepted by motion with a
simple majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following
donation:
$100 from Golden Valley Federated Women's Club for support of the 2021
summer concert series.
Adopted by the City Council of Golden Valley, Minnesota on this 7th day of July, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. G. Appointment of Election Judges and Absentee Ballot Board for the Primary Election on August 11,
2020
Prepared By
Kris Luedke, City Clerk
Summary
As required per Minnesota Statute 204B.21, Council needs to approve the appointment of the Election
Judges and Absentee Ballot Board for the upcoming general election. The Absentee Ballot Board judges
will have the responsibility of accepting and rejecting absentee ballots based on the criteria set by the
State.
Hennepin County will appoint Absentee Ballot Board judges that will be responsible for
accepting/rejecting all mail in absentee ballots received at the Hennepin County Government Center.
Financial Or Budget Considerations
Not Applicable
Recommended Action
Motion to adopt Resolution approving appointment of the Election Judges and Absentee Ballot Board
for the Primary Election to be held on August 11, 2020.
Attachments
•Resolution approving the appointment of Election Judges and Absentee Ballot Board for the
Primary Election on August 11, 2020 (2 pages)
RESOLUTION 20-42
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION
JUDGES AND ABSENTEE BALLOT BOARD FOR THE
PRIMARY ELECTION ON AUGUST 11, 2020
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as
election judges be appointed by the City Council at least 25 days before the election.
NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the
individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as
the City of Golden Valley Election Judges and Absentee Ballot Board Judges for the
August 11, 2020, Primary Election.
BE IT FURTHER RESOLVED the Golden Valley City Council also appoints other
individuals and all members appointed to the Hennepin County Absentee Ballot Board as
authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager
to serve as members of the Absentee Ballot Board.
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any
substitutions or additions as deemed necessary.
Adopted by the City Council of Golden Valley, Minnesota on the 7th day of July, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Resolution No. 20-42
Exhibit A
-2-
2020 Election Judges
July 7, 2020
The following individuals are appointed to serve at the General Election on August 11,
2020:
Anderson, Tracy
Anderson, Chuck
Anderson, Susan
Ansari, Omar
Ansari, Rebecca
Ballard, Kirk
Bartol, Colin
Bergquist, Lois
Boehne, Karen
Brown, Bradley
Chiat, Elayne
Cohen, Gary
Decker, Kay
Fair, Erica
Gibbs, Mary
Gibbs, William
Glommen, Beth
Girard, Pierre
Haggberg-Miller, Susan
Hermer, Laura
Ihrke, Antoinette
Knisely, Michael
L'Enfant, Julia
Macneale, Margaret
McDonald. Abby
Mendivil, Sandra
Merriman, Stephen
Mitchel, Norm
Myers, Kay
Pagenkopf, Jane
Parker, Thomas
Pirkl, Mark
Powell, Lisa
Pugh, Laura
Robinson, Beverly
Silver, Sarene
Van Heel, Barbara
Wells, Jackie
Wiley, Andrea
Wobschall, Georgeann
Absentee Ballot Board
Gate, Danii
Huisman, Claire
Romano, Tomas
Schwable, Sue
Watson, Sue
EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. H. Amendment to the 2020 Council Meeting Calendar due to 2020 Minnesota Night to Unite Date
Change
Prepared By
Kris Luedke, City Clerk
Summary
Annually in November, the City Council approves the Council meeting calendar for the upcoming year.
At the November 19, 2019, dates for the 2020 Council meeting calendar were approved. At the time of
the approval, the Tuesday, August 4 Council meeting was moved to Wednesday, August 5 due to
Minnesota Night to Unite and the first Council meeting of October was approved for October 6.
Due to the COVID-19 pandemic, the 2020 Minnesota Night to Unite was been rescheduled from
Tuesday, August 4 to Tuesday, October 6, 2020. Therefore, the Council meeting calendar would need
to be amended to reflect these changes.
Financial Or Budget Considerations
Not Applicable
Recommended Action
Motion to amendment the 2020 Council meeting calendar by moving the Wednesday, August 5 City
Council meeting to Tuesday, August 4 and the Tuesday, October 6 City Council meeting to Wednesday,
October 7, 2020.
gofdt:v'11va ey EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. I. Supporting Application by West Hennepin Affordable Housing Land Trust to Minnesota Housing
Finance Agency for Community Homeownership Impact Funds
Prepared By
Myles Campbell, Planner
Summary
West Hennepin Affordable Housing Land Trust (WHAHLT), doing business as Homes Within Reach, is a
community-based non-profit organization with a mission to use the Community Land Trust model to
create and preserve affordable homeownership opportunities for families in suburban Hennepin County.
WHAHLT has developed a proposal for the use of Minnesota Housing Finance Agency (MHFA)
Community Homeownership Impact Funds for the acquisition, rehabilitation, and sale of entry-level
single-family homes to income-qualified families and individuals who otherwise would be unable to buy
a home in Golden Valley. WHAHLT has requested a letter of support from the City of Golden Valley for
their funding application in the MHFA Consolidated Request for Proposal (RFP) process. The attached
resolution authorizes the submittal of a letter of support from City staff.
Since WHALHT's work is consistent with the 2040 Comprehensive Plan, the City has consistently
supported WHAHLT's applications for this fund as well as funding from Hennepin County's HOME
program, Community Development Block Grant (CDBG), and Affordable Housing Incentive (AHIF) Funds.
WHAHLT plans to utilize this funding in order to continue to pursue the ongoing work at their land trust
sites within the City.
Financial Or Budget Considerations
The City is providing no additional monetary aid or assistance at this time.
Recommended Action
Motion to adopt Resolution Supporting Application by West Hennepin Affordable Housing Land Trust to
Minnesota Housing Finance Agency for Community Homeownership Impact Funds.
Supporting Documents
•Resolution Supporting Application by West Hennepin Affordable Housing Land Trust to Minnesota
Housing Finance Agency for Community Homeownership Impact Funds (1 page)
•Letter of Support (1 page)
RESOLUTION NO. 20-43
RESOLUTION SUPPORTING APPLICATION BY WEST HENNEPIN AFFORDABLE
HOUSING LAND TRUST (WHAHLT) TO MINNESOTA HOUSING FINANCE AGENCY
MHFA) FOR COMMUNITY HOMEOWNERSHIP IMPACT FUNDS
WHEREAS, WHAHLT is a community-based non-profit organization, doing business
as Homes Within Reach, with a mission to use the Community Land Trust model to create
and preserve affordable homeownership opportunities for families in suburban Hennepin
County; and
WHEREAS, WHAHLT has developed a proposal for the use of Community
Homeownership Impact Funds from the Minnesota Housing Finance Agency (MHFA)
Single Family Consolidated Request for Proposals (RFP) process; and
WHEREAS, the proposal requests funding to implement the Community Land Trust
Program with the acquisition, rehabilitation, and sale of entry-level properties to income-
qualified families and individuals; and
WHEREAS, the City has consistently supported WHAHLT’s contribution to the
preservation and creation of affordable homeownership opportunities in Golden Valley,
which is consistent with the goals of the 2040 Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED, by the City Council of Golden Valley that
the Council supports the application for funding from MHFA and authorizes submittal of a
letter of support.
Adopted by the City Council of Golden Valley, Minnesota on this 7th day of July, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
July 8, 2020
Minnesota Housing
400 Wabasha Street, Suite 400
Treasure Island Center Building
St. Paul, MN 55102
Attn: Single Family RFP Application
Re: Application for 2020 Single Family Request for Proposal Consolidated Application
To Review Committee Members,
I am writing in support of the application by West Hennepin Affordable Housing Land Trust (WHAHLT),
doing business as Home Within Reach (HWR), for the 2020 Single Family Request for Proposal
Consolidated Application to assist them in providing affordable home ownership opportunities within
our community. At its meeting on July 7, 2020, the Golden Valley City Council expressed its support for
WHAHLT’s application and directed that a letter be sent to the Review Committee.
Golden Valley has had a close relationship with WHAHLT going back years now. For a City with a high
cost of conventional homeownership, WHAHLT plays a vital role by offering greater homeownership
opportunities through the Community Land Trust model. This model excels in providing long-term and
sustainable homeownership opportunities to individuals and families who might otherwise not be able
to own a home. The use of this model, and the provision of more affordable housing, is consistent with
the goals of the City’s 2040 Comprehensive Plan, as laid out in its housing chapter. The City of Golden
Valley is pleased to continue working with WHAHLT and hopes you will consider approving their
application for funding.
Sincerely,
On behalf of the Golden Valley Mayor and City Council,
Tim Cruikshank
City Manager
gotdf�II EXECUTIVE SUMMARY va ey Administrative Services 763-593-8013 / 763-593-8169 (fax}
Golden Valley City Manager Meeting
July 7, 2020
Agenda Item
3. J. Receipt of May 2020 Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The monthly financial report provides a progress report of the following funds:
•General Fund Operations
•Conservation/Recycling Fund (Enterprise Fund)
•Water and Sewer Utility Fund (Enterprise Fund)
•Brookview Golf Course (Enterprise Fund)
•Motor Vehicle Licensing (Enterprise Fund)
•Storm Utility Fund (Enterprise Fund)
•Equipment Replacement Fund (Capital Projects Fund)
•Brookview Center (Special Revenue Fund)
•Human Services Commission (Special Revenue Fund)
•Building Improvement Fund (Capital Projects Fund)
•Park Improvement Fund (Capital Projects Fund)
Financial Or Budget Considerations
As of May 2020, the City of Golden Valley General Fund has used $5,925,624 of fund balance to
balance the General Fund Budget.
Recommended Action
Motion to receive and file at the May 2020 Financial Reports.
Supporting Documents
•May 2020 General Fund {2 pages)
•May 2020 Conservation/Recycling Fund {1 page)
•May 2020 Water and Sewer Utility Fund (1 page)
•May 2020 Brookview Golf Course {1 page)
•May 2020 Motor Vehicle Licensing (1 page)
•May 2020 Storm Utility Fund {1 page)
•May 2020 Equipment Replacement Fund (1 page)
•May 2020 Brookview Center Fund (1 page)
City Council Meeting Executive Summary
City of Golden Valley
July 7, 2020
2
May 2020 Human Services Commission (1 page)
May 2020 Building Improvement Fund (1 page)
May 2020 Park Improvement Fund (1 page)
Over %
2020 May YTD (Under)Of Budget
Budget Actual Actual Budget Expend.
001 Council $453,425 25,632 153,758 ($299,667)33.91%
003 City Manager 1,055,440 63,607 341,024 (714,416)32.31%(2)
004 Transfers Out 2,567,580 0 0 (2,567,580)0.00%(1)
005 Admin. Services 2,213,775 145,399 813,011 (1,400,764)36.73%
006 Legal 195,545 16,096 75,775 (119,770)38.75%
007 Risk Management 320,000 175,194 171,524 (148,476)53.60%
011 General Gov't. Bldgs.735,880 31,000 220,409 (515,471)29.95%
016 Planning 428,025 29,316 146,048 (281,977)34.12%
018 Inspections 795,005 56,215 297,038 (497,967)37.36%
022 Police 6,608,080 514,054 2,618,320 (3,989,760)39.62%
023 Fire 1,685,290 110,514 465,459 (1,219,831)27.62%
035 Physical Dev Admin 324,975 26,221 129,782 (195,193)39.94%
036 Engineering 485,810 60,012 219,491 (266,319)45.18%
037 Streets 2,289,120 131,448 644,261 (1,644,859)28.14%
066 Park & Rec. Admin.851,625 62,166 322,050 (529,575)37.82%
067 Park Maintenance 1,363,945 96,260 462,381 (901,564)33.90%
068 Recreation Programs 409,350 394 79,817 88,430 19.50%
099 Contingencies 50,000 3,056 3,056 88,430 6.11%(3)
TOTAL Expenditures $22,832,870 $1,546,584 $7,163,204 ($15,669,666)31.37%
1) Transfers will be made in June, 2020
2) 2020 Budget Adjustment-$19,120 for Equity, Inclusion and Volunteer Manager 2-4-2020
3) Started charging COVID-19 expenditures to this account as of 5-15.
City of Golden Valley
Monthly Budget Report - General Fund Expenditures
May 2020 (unaudited)
Division
42.00%
Over %
2020 May YTD (Under)of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $19,474,140 0 8,480 ($19,465,660)0.04%(1)
Licenses 233,100 116,775 198,120 ($34,980)84.99%
Permits 913,500 96,907 395,754 ($517,746)43.32%
State Grants/Aid 15,190 0 3,884 ($11,306)25.57%(2)
Charges For Services:
General Government 25,250 2,000 2,491 ($22,759)9.87%
Public Safety 164,350 3,021 51,727 ($112,623)31.47%
Public Works 179,300 13,299 57,880 ($121,420)32.28%
Park & Rec 430,100 2,223 64,266 ($365,834)14.94%
Other Funds 741,500 53,626 270,025 ($471,475)36.42%
Fines & Forfeitures 255,000 11,070 75,254 ($179,746)29.51%
Interest On Investments 150,000 0 0 ($150,000)0.00%(3)
Miscellaneous Revenue 202,320 33,539 98,199 ($104,121)48.54%
Transfers In 30,000 2,500 12,500 ($17,500)41.67%(4)
TOTAL Revenue $22,813,750 $334,960 $1,238,580 ($21,575,170)5.43%
Notes:
1) Payments are received in July, December, and January (delinquencies).
2) Police Training will be paid in August. Safe and Sober is billed on time spent.
No LGA in 2020. Fire Grants were available. Most grants are received in other funds.
3) Investment income allocated at year end.
4)Transfers are monthly.
Percentage Of Year Completed
City of Golden Valley
Monthly Budget Report - General Fund Revenues
May 2020 (unaudited)
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Hennepin County Recycling Grant 34,620 0 0 (34,620)0.00%
Recycling Charges 436,845 38,392 143,925 (292,920)32.95%(2)
Miscellaneous Revenues 8,000 0 52 (7,948)
Interest on Investments 4,000 0 0 (4,000)0.00%(1)
Total Revenue 483,465 38,392 143,977 (339,488)29.78%
Expenses:
Recycling 526,905 94,812 204,184 (322,721)38.75%(3)
Total Expenses 526,905 94,812 204,184 (322,721)38.75%
1) Interest Earnings are allocated at year-end.
2) Includes utility billings thru April 2020.
3) This includes the recycling services thru March 2020.
Further information about projects and financing are located in the 2020-2029 CIP and 2020-2021 Budget.
City of Golden Valley
Monthly Budget Report - Conservation/Recycling Enterprise Fund
May 2020 (unaudited)
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Water Charges 5,202,500 352,925 1,419,555 (3,782,945)27.29%
Emergency Water Supply 183,080 13,834 57,575 (125,505)31.45%
Sewer Charges 4,530,000 354,997 1,470,906 (3,059,094)32.47%
Meter Sales 20,000 0 2,990 (17,010)14.95%
Penalties 130,000 13,471 48,415 (81,585)37.24%
Charges for Other Services 100,000 6,858 30,204 (69,796)30.20%
State Water Testing Fee Pass Through 46,000 6,169 22,536 (23,464)48.99%
Sale of Assets 10,000 0 14,050 4,050 140.50%
Franchise Fees 1,500,000 0 0 (1,500,000)0.00%
Certificate of Compliance 75,000 (250)11,300 (63,700)15.07%
Interest Earnings 25,000 0 0 (25,000)0.00%
Total Revenue 11,821,580 748,004 3,077,531 (8,744,049)26.03%
Expenses:
Utility Administration 2,520,385 112,360 496,966 (2,023,419)19.72%(1)
Sewer Maintenance 3,504,640 278,017 1,654,865 (1,849,775)47.22%
Water Maintenance 5,101,205 267,336 1,649,341 (3,451,864)32.33%
Total Expenses 11,126,230 657,713 3,801,172 (7,325,058)34.16%
1) Depreciation is allocated at year-end. $1,120,000 has been delayed.
Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget.
City of Golden Valley
Monthly Budget Report - Water and Sewer Utility Enterprise Fund
May 2020 (unaudited)
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Green Fees 900,000 160,689 193,956 (706,044)21.55%
Driving Range Fees 170,000 43,419 56,781 (113,219)33.40%
Par 3 Fees 155,000 40,255 52,454 (102,546)33.84%
Lawn Bowling 85,000 0 0 (85,000)0.00%
Pro Shop Sales 95,000 791 1,327 (93,673)1.40%
Pro Shop Rentals 300,000 35,672 46,509 (253,491)15.50%
Concession Sales 1,515,000 18,404 212,720 (1,302,280)14.04%
Winter Activities 0 0 3,526 3,526
Other Revenue 135,000 16,564 52,431 (82,569)38.84%
Interest Earnings 10,000 0 0 (10,000)0.00%(1)
Less: Credit Card Charges/Sales Tax 0 0 0
Total Revenue 3,365,000 315,794 619,704 (2,745,296)18.42%
Expenses:
Golf Operations 751,260 62,514 246,547 (504,713)32.82%(2)
Course Maintenance 1,046,855 64,837 285,708 (761,147)27.29%
Pro Shop 141,235 8,466 42,728 (98,507)30.25%
Grill 1,425,000 42,726 325,959 (1,099,041)22.87%
Driving Range 45,550 5,869 13,303 (32,247)29.21%
Par 3 Course 30,260 1,948 3,000 (27,260)9.91%
Lawn Bowling 15,475 0 1,997 (13,478)12.90%
Total Expenses 3,455,635 186,360 919,242 (2,536,393)26.60%
1) Interest Earnings are allocated at year-end.
2) Depreciation is allocated at year-end.
Course opened April 18.
Further information about projects and financing are located in the 2020-2029 CIP and 2020-21 Budget.
Fund Balance should be a minimum of $1,693,550 (6 months reserve).
City of Golden Valley
Monthly Budget Report - Brookview Golf Course Enterprise Fund
May 2020 (unaudited)
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Interest Earnings 7,500 0 0 (7,500)0.00%(1)
Charges for Services 512,550 10,903 139,262 (373,288)27.17%
Total Revenue 520,050 10,903 139,262 (380,788)26.78%
Expenses:
Motor Vehicle Licensing 446,080 36,364 187,633 (258,447)42.06%
Total Expenses 446,080 36,364 187,633 (258,447)42.06%
1) Interest Earnings are allocated at year-end.
Fund Balance at 12/31/2019 was $903,958.
City of Golden Valley
Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund
May 2020 (unaudited)
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Interest Earnings 72,250 0 0 (72,250)0.00%(1)
Interest Earnings-Other 0 0 0 0
Henn County Grant-Decola 0 0 0 0 (6)
State DNR Grant 0 0 0 0 (6)
State DEED Grant-Globus 0 0 0 0 (7)
Storm Sewer Charges 2,575,000 218,323 992,451 (1,582,549)38.54%
Hennepin County 0 0 0
Bassett Creek Watershed 670,000 11,454 11,454 (658,546) (5)
Miscellaneous Receipts 182,700 0 0 (182,700)
Transfer from General Fund (Green Step)50,000 0 0 (50,000)
Total Revenue 3,549,950 229,777 1,003,905 (2,546,045)28.28%
Expenses:
Storm Utility 3,193,715 48,724 1,150,992 (2,042,723)36.04%(2) (3) (7)
Street Cleaning 139,825 18,078 57,165 (82,660)40.88%
Environmental Control 479,410 20,812 112,782 (366,628)23.53%
Debt Service Payments 182,750 0 151,750 (31,000)0.00%(3)
Total Expenses 3,995,700 87,614 1,472,689 (2,523,011)36.86%(4)
1) Interest Earnings are allocated at year-end.
2) Depreciation is allocated at year-end and.
3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF.
4) Reserves are being used that were planned.
5) Bassett Creek Watershed Coomission reimbursed the City for a 2019 projects.
Further information about projects and financing are located in the 2020-2029 CIP and 2020-2021 Budget.
City of Golden Valley
Monthly Budget Report - Storm Utility Enterprise Fund
May 2020 (unaudited)
2020 Equipment Replacement Fund (CIP) - Fund 5700
2020 May YTD
Budget Total Actual Remaining
Revenues:
Sale of Assets 35,000 0 21,635 (13,365)
Truckster/Toolcat Trade-ins 150,000 0 100,000 (50,000)
General Fund Transfer 1,032,580 0 0
VOTF Transfer 15,000 0 10,000 (5,000)(2)
Miscellaneous Receipts 0 7,215 8,865 8,865
Interest Earnings (allocated at year end)27,727 0 0 (27,727)
Total Revenues 1,260,307 7,215 140,500 (87,227)
Expenditures:
Program #Project Number Project Name
Equipment Certificates (already issued)555,150 0 553,650 1,500
5701 V&E-001 Marked Squad Cars (Police)80,000 0 155,847 (75,847)(3)
5702 V&E-002 Computers and Printers (Finance)95,000 3,135 50,428 44,572 (1)
5703 V&E-034 Crime Prevention Vehicle 30,000 0 0 30,000
5720 V&E-063 Pickup Truck (Street)40,000 0 0 40,000
5747 V&E-109 Tandem Axle Dump Truck (Street)270,000 0 0 270,000
5791 V&E-072 Pickup Truck (Engineering)35,000 0 0 35,000
5768 V&E-107 Utility Truckster (Park)55,000 0 0 55,000
5768 V&E-116 Utility Toolcat (Park)54,500 0 0 54,500
5788 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 0 0 24,070
5747 V&E-138 Passenger Vehicle (Fire)40,000 0 0 40,000
5768 V&E-140 Utility Tractor 55,000 0 0 55,000
5741 V&E-133 Dump Truck (Park)80,000 0 0 80,000
5754 V&E-116 Skid Steer Loader (Street)55,000 0 0 55,000
5715 V&E-141 Dump Truck (Street)80,000 0 0 80,000
V&E-147 Police Commander Vehicle 50,000 0 0 50,000
5754 V&E-148 Command Vehicle (Police)150,000 0 0 150,000
V&E-197 Trailer Mounted Impact Attenuator 15,000 0 0 15,000
V&E-198 Drone (Police)15,000 0 0 15,000 (2)
Total Expenditures 1,778,720 3,135 759,925 1,018,795
1) Computers are replaced every 4-5 years and purchased throughout the year based on available time.
2) In 2020, monies were transferred for a purchase of a drone from the VOTF Fund.
3) Includes the 2019 (2) vehicles that did not arrive until 2020.
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Brookview CC Rentals 211,000 4,741 48,208 (162,792)22.85%
Backyard Play Area 239,325 280 60,070 (179,255)25.10%
Miscellaneous Revenues 0 0 0 0
Interest on Investments 0 0 0 0 (1)
Total Revenue 450,325 5,021 108,278 (342,047)24.04%
Expenses:
General Area Rooms 358,000 13,998 107,168 (250,832)29.94%(2)
Indoor Play Area 61,130 18 23,415 (37,715)38.30%
Total Expenses 419,130 14,016 130,583 (288,547)31.16%
1) Interest Earnings are allocated at year-end.
2) Staff Time/Supplies for Brookview Rental
City of Golden Valley
Monthly Budget Report - Brookview Center Special Revenue Fund
May 2020 (unaudited)
Over
2020 May YTD (Under)%
Budget Actual Actual Budget Current
Revenue
Pull Tab (10%) Revenues 30,000 0 6,870 (23,130)22.90%(3)
Fundraisers 30,000 467 10,720 (19,280)35.73%(4)
Interest on Investments 700 0 0 (700)0.00%(1)
Total Revenue 60,700 467 17,590 (43,110)28.98%
Expenses:
Supplies 17,100 2,746 3,391 (13,709)19.83%(4)
Allocations 78,500 46,500 125,000 46,500 159.24%(2)
Total Expenses 95,600 49,246 128,391 32,791 134.30%
1) Interest Earnings are allocated at year-end.
2) Allocations in 2020 are $78,500 plus an additional $46,500.
3) Pull Tab revenues are thru March.
4) Solicitation Letters YTD $1,305
4) Run/Walk $6,024 (net) $3,391 exp +9,415 rev
4) Golf Tourney/Lawn Bowling -September-$.....(net)
Fund Balance at 12/31/19 was $212,939.03.
Current Fund Balance is $102,138.
City of Golden Valley
Monthly Budget Report - Human Services Commission
May, 2020 (unaudited)
2020 Building Improvement Fund (CIP) - Fund 5200
2020 May YTD
Budget Total Actual Remaining
Revenues:
Transfer from General Fund 535,000 0 400,000 (135,000)(1)
Interest Earnings (allocated at year end)7,754 0 0 (7,754)
Total Revenues 542,754 0 400,000 (142,754)
Expenditures:
Project Name
5215 Installation of Building Security Systems 30,000 467 3,460 26,540
5208 Council Chambers Remodeling 350,000 0 854 349,146
Comprehensive Building Analysis 70,000 0 0 70,000
10th Avenue Storage Yard 50,000 0 49,897 103
Brookview Shelter Sewer Service Repair 50,000 0 0 50,000
Park Shelter Building Improvements 50,000 0 0 50,000
Furnaces-Various Buildingd 50,000 0 0 50,000
Car Charging Station 15,000 0 0 15,000
5202 Public Buildings Roof Replacement 150,000 1,132 1,132 148,868
Total Expenditures 815,000 1,599 55,343 759,657
1)Transfer will be made in June.
2020 Park Improvement Fund (CIP) - Fund 5600
2020 May YTD
Budget Total Actual Remaining
Revenues:
Transfer from General Fund 350,000 0 0 (350,000)
Park Dedication Fee 0 0 0 0
Hennepin County Youth Sports Grant 4,100 0 0 (4,100)(1)
Little League/Youth Associations/Play Eq Grants 4,100 0 0 (4,100)(1), (2)
Other Donations 0 0 0 0
Interest Earnings (allocated at year end)2,832 0 0 (2,832)
Total Revenues 361,032 0 0 (361,032)
Expenditures:
Project Name
5620 Park Signage Replacement 3,000 0 0 3,000 (4)
5621 Tennis & Pickle Ball Court Resurfacing 15,000 0 0 15,000
Dugout, Fence & Field Replacement 0 0 27,500 (3)
Community Gardens 30,000 0 0 30,000
Off-Leash Pet Exercise Area 60,000 0 0 60,000
5608 Park LED Light Replacements 110,000 0 77,364 32,636
5622 Scoreboard Update/Replacement 20,000 0 20,065 (65)(4)
Total Expenditures 238,000 0 124,929 140,571
1) Hennepin County Youth Grant $96,000; GV Girls Softball $10,000
2) GV Girls Little League $6,000
3) Carry over from 2019
4) Items removed for COVID-19
Further information about projects and financing are located in the 2020-2029.
go'idf:v'11 EXECUTIVE SUMMARY va ey Administrative Services 763-593-8013 / 763-593-3969 {fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. K. Amend Resolution 04-20 City of Golden Valley Donation/Gift Policy
Prepared By
Sue Virnig, Finance Director
Summary
In 2004, the City approved a Donation/Gift Policy (the "Policy") setting the parameters for accepting
donations and gifts in accordance with Minnesota law. The last paragraph of the Policy sets forth the
approved on-going programs. Since the Policy was adopted, the status of the approved on-going funds
has changed. The proposed resolution would update the list of approved on-going funds to:
•Remove Envision, which is no longer active;
•Change the name of the Human Services Fund to the Human Services Commission, which was
changed in 2019; and
•Add the Noah Joynes Youth Recreation Fund, which was approved by the Council on June2, 2020.
Financial Or Budget Considerations
None.
Recommended Action
Motion to adopt Resolution amending 04-20 City of Golden Valley Donation/Gift Policy.
Supporting Documents
•Resolution amending 04-20 City of Golden Valley Donation/Gift Policy with Exhibit A (3 pages)
•Resolution 04-20 Rescinding Resolution #86 and Adoption of Amended Donation/Gift Policy (3
pages).
RESOLUTION NO. 20-44
AMENDING RESOLUTION 04-20 DONATION/GIFT POLICY
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of donations and gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority; and
WHEREAS, the on June 2, 2020 the City approved donations in memory of Noah
Joynes, and will help provide youth the opportunity to be involved in programs, by
establishing the Noah Joynes Youth Recreation Fund; and
WHEREAS, Exhibit A has been amended to include the Noah Joynes Youth
Recreation Fund, change the Golden Valley Human Services Foundation to Golden Valley
Human Services Commission, delete Envision and Share the Dream.
NOW, THEREFORE, BE IT RESOLVED that the City Council amend the following
resolution with those changes as outlined.
Adopted by the City Council of Golden Valley, Minnesota on this 7th day of July, 2020.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
EXHIBIT A
City of Golden Valley Donation/Gift Policy
Resolution 20-44, Amending Resolution 04-20
Resolution 04-20, Adopted by City Council on March 16, 2004
PURPOSE
The City of Golden Valley appreciates donations as they help to enhance the quality of
life in the City and to improve the efficiency and effectiveness of City services.
Donations may be in-kind gifts, that is, gifts of real or personal property (not cash) or
cash donations. Each year, residents, civic organizations, private businesses, etc.,
make donations to the City. Donations are sometimes given for a specific purpose (i.e.:
park equipment, fire and police equipment. On-going donations may be accepted at
year-end for those listed and the sole purpose is for the approved program. The
purpose of this policy is to set up procedures for receipt of donations to the City and for
the expenditure of these donations.
PROCEDURES
a.No employee, volunteer or elected or appointed official of the City may solicit
donations without first receiving authorization from the City Council. Major changes
in funding of these programs and new programs must receive specific authorization
from the City Manager. This policy applies to all departments.
b.All potential donors should consult with the City Manager or his/her designee(s)
before proceeding with plans to ensure maximum utilization of in-kind gifts and cash
donations. If possible, a letter from the donor should explain the reason for the
donation.
c.The City Council shall make the final determination on the acceptability of an in-kind
gift or cash donation at the Council meeting following the receipt of the donation
unless for the specific on-going programs listed below. Those donations will follow
the major event of the program. A gift of real or personal property must be accepted
by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a
simple majority. If the Council were to decline an in-kind gift or cash donation, the
Council would direct staff to return that in-kind gift or cash donation to the individual
or organization as soon as possible.
d.All cash donations will be received by the Finance Department for city tracking of
receipts and expenditures.
e.After acceptance by the City Council, donated funds that are not designated to a
specific purpose or department shall be placed in a generic donation revenue
account that becomes miscellaneous revenue of the City in that specific year.
f.All donations become City property under the complete jurisdiction of the City
Council and any unused balance of designated funds from a program that has been
completed, cancelled, etc., shall become revenue of the City.
g.Recognition may be given to the individuals or groups providing donations to the
City, unless otherwise stipulated by the donor.
h.The donation must meet City criteria in order to be accepted.
CRITERIA
a. The donation must have a purpose consistent with those of the City.
b. The donation must be offered by a source acceptable to the City.
c. All designated donations of funds shall be utilized in accordance with the
accompanying designation.
d. The donation shall not result in ongoing costs that the City Council would be
unwilling to fund when the donations are exhausted, unless specific prior
authorization to the contrary is given by the City Council at the time the donation is
accepted. If prior authorization is not given, sufficient donations to meet all
anticipated staff and material costs must be in hand before City commitment is
made to personnel and/or materials.
e. The donation shall not bring undesirable or hidden costs to the City.
f. The donation shall not be inappropriate or harmful to the residents of the City.
g. The acceptance of a donation shall not imply City endorsement of any product or
service nor shall it implicitly or explicitly obligate the City to act in any way favorable
to the donor.
h. The donation shall not be in conflict with any provision of federal, state or municipal
law. (Minnesota Statute 465.03).
i. The City may not, however, accept or use gifts for religious or sectarian purposes.
The following are approved on-going programs:
Golden Valley Human Services Foundation
Noah Joynes Youth Recreation Fund
This policy will be reviewed annually by the City Council.
Resolution 04-20 March 16, 2004
Member Tremere introduced the following resolution and moved its adoption, as amended:
RESOLUTION RESCINDING RESOLUTION #86 AND
ADOPTION OF AMENDED DONATION/GIFT POLICY
WHEREAS, the City Council adopted Resolution #86 on August 6, 1979 which
established a policy for the solicitation and receipt of gifts; and
WHEREAS the City Council now wishes to rescind Resolution #86 and further
define the donation/gift policy; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley rescinds
Resolution #86, and adopts an amended Donation/Gift policy as set forth in Exhibit A.
0
11 -, MENiA wi va7jwr.,4
ATTEST:
MEN
7 • . • •W
The motion for the adoption of the foregoing resolution was seconded by Member Grayson
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Shaffer and Tremere; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 04-20 - Continued
Exhibit A
Donation/Gift Policy
March 16, 2004
PURPOSE
The City of Golden Valley appreciates donations as they help to enhance the quality of life
in the City and to improve the efficiency and effectiveness of City services. Donations may
be in -kind gifts, that is, gifts of real or personal property (not cash) or cash donations. Each
year, residents, civic organizations, private businesses, etc., make donations to the City.
Donations are sometimes given for a specific purpose (i.e.: park equipment, fire
equipment, police equipment, Golden Valley Human Services Foundation (GVHSF),
Envision and sometimes the funds are given without stipulation. The purpose of this policy
is to set up procedures for receipt of donations to the City and for the expenditure of these
donations.
PROCEDURES
a. No employee, volunteer or elected or appointed official of the City may solicit donations
without first receiving authorization from the City Council. Major changes in funding of
these programs and new programs must receive specific authorization from the City
Manager. This policy applies to all departments.
b. All potential donors are urged to consult with the City Manager or his/her designee(s)
before proceeding with plans to ensure maximum utilization of in -kind gifts and cash
donations. If possible, a letter from the donor should explain the reason for the
donation.
c. The City Council shall make the final determination on the acceptability of an in -kind gift
or cash donation at the Council meeting following the receipt of the donation unless for
the specific on -going programs listed below. Those donations will follow the major
event of the program. A gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. A cash
donation must be acknowledged and accepted by motion with a simple majority. If the
Council were to decline an in -kind gift or cash donation, the Council would direct staff to
return that in -kind gift or cash donation to the individual or organization as soon as
possible.
d. All cash donations will be received by the Finance Department for city tracking of
receipts and expenditures.
e. After acceptance by the City Council, donated funds that are not designated to a
specific purpose or department shall be placed in a generic donation revenue account
that becomes miscellaneous revenue of the City in that specific year.
f. All donations become City property under the complete jurisdiction of the City Council
and any unused balance of designated funds from a program that has been completed,
cancelled, etc., shall become revenue of the City.
g. Recognition may be given to the individuals or groups providing donations to the City,
unless otherwise stipulated by the donor.
h. The donation must meet City criteria in order to be accepted.
Resolution 04-20 - Continued March 16, 2004
CRITERIA
a. The donation must have a purpose consistent with those of the City.
b. The donation must be offered by a source acceptable to the City.
c. All designated donations of funds shall be utilized in accordance with the
accompanying designation.
d. The donation shall not result in ongoing costs that the City Council would be unwilling
to fund when the donations are exhausted, unless specific prior authorization to the
contrary is given by the City Council at the time the donation is accepted. If prior
authorization is not given, sufficient donations to meet all anticipated staff and material
costs must be in hand before City commitment is made to personnel and/or materials.
e. The donation shall not bring undesirable or hidden costs to the City.
f. The donation shall not be inappropriate or harmful to the residents of the City.
g. The acceptance of a donation shall not imply City endorsement of any product or
service nor shall it implicitly or explicitly obligate the City to act in any way favorable to
the donor.
h. The donation shall not be in conflict with any provision of federal, state or municipal
law. (Minnesota Statute 465.03).
i. The City may not, however, accept or use gifts for religious or sectarian purposes.
Approved On -going Programs:
Golden Valley Human Services Foundation
Envision
Share the Dream
This policy will be reviewed annually by the City Council.
EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
3. L. Accept Resignation from the Civil Service Commission
Prepared By
Tomas Romano, Assistant to the City Manager's Office
Summary
Commissioner Ralph Schulz has submitted his resignation from the Civil Service Commission
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to accept the resignation of Ralph Schulz from the Civil Service Commission.
Golden Valley City Council Meeting
July 7, 2020
Agenda Item
6. A. COVID-19 Pandemic Emergency Administrative Actions
Prepared By
Tim Cruikshank, City Manager
Maria Cisneros, City Attorney
Summary
The City Manager and City Attorney recommend that the City Council ratify the attached Emergency
Administrative Actions that staff has taken since June 16, 2020 in response to the COVID-19 pandemic.
The new actions include:
•Emergency Administrative Action 20-53 Approving Field Use Agreements with Sports League
Associations
•Emergency Administrative Action 20-54 Approving Waiver of Field Maintenance Fees
•Emergency Administrative Action 20-55 Adopting Updated COVID-19 Operations Recovery and
Readiness (CORR) Plan. The updated CORR Plan is on file with the City Clerk and available for
review here.
•Emergency Administrative Action 20-56 Waiving Soft Recyclable Contractor Fees
Financial or Budget Considerations
Not Applicable
Recommended Action
Motion to ratify Emergency Administrative Actions 20-53 through 20-56
Supporting Documents
•Emergency Administrative Actions 20-50 through 20-56 (10 pages)
EMERGENCY ADMINISTRATIVE ACTION 20-53
APPROVING FIELD USE AGREEMENTS
WITH SPORTS LEAGUE ASSOCIATIONS
Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020, the City of
Golden Valley approves the attached Field Use Agreements with Golden Valley Little League
and Golden Valley Girls Slow Pitch and authorizes the Mayor and City Manager to sign the
agreement upon ratification of this Emergency Administrative Action by the City Council.
Date: July 2, 2020 ____________________________________
Timothy J. Cruikshank, City Manager
FIELD USE AGREEMENT
This field use agreement is entered into this 1st day of July, 2020, between the City of Golden Valley
(“City”), a Minnesota municipal corporation and Golden Valley Girls Slowpitch, (the “Association”) a
community youth athletic association.
WHEREAS, City is the owner of real property and the improvements made thereon located at
Lions Park, Schaper Park, and Wesley Park in the City of Golden Valley, Hennepin County, State of
Minnesota, commonly known as the facilities (the “Facilities”).
WHEREAS, the Association desires to use City fields for its activities and City desires to provide
the Association field time at the Facilities.
THEREFORE, in consideration the keeping and performance of the conditions and promises set
forth in this Agreement, the adequacy of which are hereby acknowledged, the parties agree as follows:
1.Schedule of Field Time and Hours: The City agrees to provide field time to the Association for the
times and dates shown on the attached Field Use Schedule (Exhibit A) and in accordance with the
terms of this Agreement. Such schedule may be amended from time to time upon the written
agreement of both parties’ representatives, or as deemed necessary at the discretion of the Parks
and Recreation Director. Each year during the term of this agreement, the parties will work
together to negotiate a new Field Use Schedule, which may be approved by the Parks and
Recreation Director and kept on file with the Parks and Recreation Facilities Supervisor or other
designee of the Parks and Recreation Director.
2.Term: The term of this agreement will commence on July 1, 2020 and will continue until October 31,
2020.
3.Field Maintenance Fee: The Association agrees to pay the City an annual field maintenance fee. The
field maintenance fee is determined annually and approved in the fee schedule by the City Council.
4.Billing and Payments:
a.The City will invoice the Association for field maintenance fees annually in October.
b.Upon proper billing by City, the Association will promptly pay the City the amount billed.
5.Use of Facilities:
a.The Association agrees to use and occupy the Facilities solely for the purpose of conducting
seasonal [insert sport name or league] activities in accordance with the terms of this
Agreement.
b.The Association agrees not to use, nor permit any portion of the Facilities to be used, for any
illegal purpose or for any purpose that would cause an increase in or cancellation of the
existing rate of insurance on the Facilities.
c.The Association agrees to use the Facilities according to the Rules and Regulations of the City
of Golden Valley, which will be updated and provided to the Association from time to time.
6.Insurance: The Association, at its expense, shall procure and maintain in force for the duration of this
Agreement commercial general liability insurance in a minimum amount of $1,000,000 per
occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises,
operations, personal injury, advertising injury, and contractually assumed liability. The City shall be
named as an additional insured.
Within ten days of the effective date of this Agreement and thereafter upon the City’s request, and
at least annually, the Association shall provide a certificate of insurance as proof that the above
coverages are in full force and effect. These insurance requirements may be met through any
combination of primary and umbrella/excess insurance. The Association’s policies shall be primary
and non-contributory to any other valid and collectible insurance available to the City with respect to
any claim arising out of the Association’s performance under this Agreement.
The Association’s policies and certificate of insurance shall state the coverage afforded under the
policies shall not be cancelled without at least 30 days’ advanced written notice to the City. Without
prejudice to any other right or remedy, if the Association fails to obtain the required insurance, the
City may elect to obtain equivalent insurance to protect Owner’s interests at the Association’s
expense and the consideration shall be adjusted accordingly.
7.Services: In exchange for the mutual promises set forth in this Agreement, the City agrees to
provide usable athletic fields.
8.Covenant to Hold Harmless:
a.The Association acknowledges that the City has not asserted or accepted any responsibility
for supervision, security or control of the Association’s property or activities conducted on
the Facilities or any part connected or contiguous thereto. The Association is solely
responsible to provide security for its equipment kept in the Facilities and shall be solely
responsible to provide supervision of its participants, volunteers, staff, agents, and
spectators, when on City owned property.
b.The Association’s participants, volunteers, staff, and agents assume all risks of personal injury
arising from its usage of the Facilities or any part connected or contiguous thereto which
result from an act or failure to act on the part of the Association or others over whom it has
supervisory responsibility.
c.The Association assumes responsibility for damages to the Facilities or any part connected or
contiguous thereto arising out of negligence or fault of the Association under its performance
of this Agreement. The City will notify the Association of any damages and allow a reasonable
opportunity for review of the damage before repairs are made. The City is responsible for the
repair or replacement of Facilities property and will invoice the Association for the damages.
The Association’s obligation will be to reimburse to the City for any out-of-pocket cost of labor
replacement of like-kind and quality of equipment and materials.
d.The Association agrees to indemnify and hold harmless the City from and against all claims,
costs, expenses (including attorney fees) and liabilities of whatever nature arising from:
i.Any negligent or wrongful act or omission of the Association, its staff, athletes,
licensees, agents, employees, or others over whom it has supervisory responsibility: or;
ii.Any accident, injury, death or damage, to any person or property occurring in the
Facilities or any part connected or contiguous thereto and caused by the negligence or
other wrongful conduct of the Association, its staff, athletes, licensees, agents,
employees, or others over whom it has supervisory responsibility, excluding claims
arising from the City’s performance under this Agreement.
e.The City agrees to indemnify and hold harmless the Association from and against all claims,
costs, expenses (including attorney fees) and liabilities of whatever nature arising from (i.) any
negligent or wrongful act or omission of the City, its licensees, agents, or employees: or (ii.)
any accident, injury, death, or damage to any person or property occurring in the Facilities or
any part connected or contiguous thereto and caused by the negligence or other wrongful
conduct of the City, its licensees, agents, or employees , excluding claims arising from CPYHA’s
performance under this Agreement.
9.Cancellations: The City shall not be held responsible for the cancellation of field time for reasons
beyond the reasonable control of the City, its agents or employees, such as but not limited to
equipment failure, loss of power, pandemic, civil unrest, severe weather, or other acts of God. In the
event of such an occurrence, the City will attempt to reschedule the Association’s field times or the
Association may cancel and receive a return of any fees paid but not yet used.
10.Breach: Either party may terminate this agreement at any time.
11.Assignment: The Association shall not assign or otherwise transfer its interest in its scheduled field
time to any other person or organization.
12.Signage: The Association may post league information signage, branding, and sponsorship banners
all of which shall conform to and be consistent with the sign policy of the City of Golden Valley.
13.COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and
regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following:
a.The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the
City and State of Minnesota related to COVID-19, including, but not limited to, Governor’s
Executive Orders and State Agency Guidance.
b.The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for
review; and (ii) a certification that the Association has adopted a COVID-19 preparedness plan
that meets the requirements of the United States government and the State of Minnesota.
c.The Association shall implement and enforce its COVID-19 plan while using the Facilities in
accordance this Agreement. The Association shall be solely responsible for all safety
precautions at the Facilities during the time it is conducting its activities and shall at all times
abide by all applicable state, federal and City rules, laws and ordinances, as well as the
requirements of its COVID-19 preparedness plan.
d.The Association shall monitor and update its COVID-19 Preparedness Plan should the
requirements of the City or State of Minnesota be altered, updated, or otherwise changed.
The City reserves the right to immediately terminate this Agreement without notice if the
Association does not abide by the requirements of this Paragraph 14.
14.No Discrimination: The Association 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. The Association agrees to comply with the
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. The Association agrees to
hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees
and staff time, in any action or proceeding brought alleging a violation of these laws by the Association
or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and
subcontractors. Upon request, the Association shall provide accommodation to allow individuals with
disabilities to participate in all activities under this Agreement. The Association agrees to utilize its
own auxiliary aid or service in order to comply with ADA requirements for effective communication
with individuals with disabilities.
15.Miscellaneous:
a.It is agreed that no assent, express or implied, to any breach of anyone or more of the
covenants or agreements herein contained will be deemed or taken to be a waiver of any
succeeding or other breach.
b.Severance: If any term, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be void or unenforceable, the remainder of the provisions of this
Agreement will remain in full force and will in no way be affected, impaired or invalidated.
c.No Oral Agreements: This Agreement includes in full each agreement of every kind between
the parties concerning the Facilities, and all preliminary negotiations and agreements of any
kind or nature are merged in this Agreement. There are no oral agreements or implied
covenants in connection with this Agreement. Any modifications to the Agreement shall be
made in writing and may be made by email.
d.Governing Law: This Agreement is governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto agree the day and year first above written.
CITY OF GOLDEN VALLEY ASSOCIATION
By: __________________________________
Shepard M. Harris, Mayor
By: __________________________________
Timothy J. Cruikshank, City Manager
By: __________________________________
Name: ________________________________
Title: _________________________________
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is entered into this 2nd day of July, 2020, between the City of
Golden Valley (“City”), a Minnesota municipal corporation and Golden Valley Little League, Inc., a
Minnesota Corporation (the “Association”) a community youth athletic association.
WHEREAS, City is the owner of real property and the improvements made thereon located at
Isaacson Park, Scheid Park, Seeman Park, Hampshire Park, and Natchez Park in the City of Golden Valley,
Hennepin County, State of Minnesota, commonly known as the facilities (the “Facilities”); and
WHEREAS, the Association and the City previously entered into a lease agreement dated February
23, 2001 (the “Lease Agreement”) to grant the Association use of the Facilities for youth baseball activities;
and
WHEREAS, on March 13, 2020, Governor Walz declared a peacetime emergency in response to
the COVID-19 worldwide pandemic, and since then the Governor has promulgated a series of Executive
Orders requiring the Association and the City to follow certain rules and guidelines when engaging in
youth sports activities to combat the spread of COVID-19; and
WHEREAS, on March 16, 2020, the City declared a local emergency in response to the COVID-19
worldwide pandemic and on July 16, 2020, the City adopted a COVID-19 Recovery and Readiness Plan that
sets forth certain safety requirements that must be followed by third parties using the Facilities.
THEREFORE, in consideration the keeping and performance of the conditions and promises set
forth in this Agreement and the Lease Agreement, the adequacy of which are hereby acknowledged, the
parties agree as follows:
1. The Following new section shall be added to the Lease Agreement after paragraph 11:
COVID-19: In accordance with all applicable City, state, and federal laws, ordinances, rules and
regulations related to the ongoing COVID-19 pandemic, the Association agrees to the following:
a. The Association shall prepare a COVID-19 plan, which plan shall meet all requirements of the
City and State of Minnesota related to COVID-19, including, but not limited to, Governor’s
Executive Orders and State Agency Guidance.
b. The Association shall submit (i) a copy of its COVID-19 preparedness plan to the City for
review; and (ii) a certification that the Association has adopted a COVID-19 preparedness plan
that meets the requirements of the United States government and the State of Minnesota.
c. The Association shall implement and enforce its COVID-19 plan while using the Facilities in
accordance this Agreement. The Association shall be solely responsible for all safety
precautions at the Facilities during the time it is conducting its activities and shall at all times
abide by all applicable state, federal and City rules, laws and ordinances, as well as the
requirements of its COVID-19 preparedness plan.
d. The Association shall monitor and update its COVID-19 Preparedness Plan should the
requirements of the City or State of Minnesota be altered, updated, or otherwise changed.
The City reserves the right to immediately terminate this Agreement without notice if the
Association does not abide by the requirements of this Paragraph.
IN WITNESS WHEREOF, the parties hereto agree the day and year first above written.
CITY OF GOLDEN VALLEY ASSOCIATION
By: __________________________________
Shepard M. Harris, Mayor
By: __________________________________
Timothy J. Cruikshank, City Manager
By: __________________________________
Name: ________________________________
Title: _________________________________
EMERGENCY ADMINISTRATIVE ACTION 20-54
APPROVING WAIVER OF FIELD MAINTENANCE FEES
Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020, the
City of Golden Valley hereby waives all annual field maintenance fees for use of the
City’s athletic fields.
This waiver shall remain in effect until December 31, 2020, unless modified by
subsequent City Manager or Council action.
Date: July 2, 2020 ____________________________________
Timothy J. Cruikshank, City Manager
EMERGENCY ADMINISTRATIVE ACTION 20-55
UPDATING THE COVID-19 OPERATIONS
RECOVERY AND READINESS PLAN
Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020, the
City of Golden Valley hereby adopts the updated COVID-19 Operations Recovery and
Readiness Plan on file with the City Clerk effective July, 2, 2020.
Date: July 2, 2020 ____________________________________
Timothy J. Cruikshank, City Manager
EMERGENCY ADMINISTRATIVE ACTION 20-56
WAIVING SOFT RECYCLABLE CONTRACTOR FEES
Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020, the City of
Golden Valley hereby agrees that, beginning March 1, 2020, the City will waive all monthly per
pound payments (“Contractor Fees”) required under the Agreement for Collection of Soft
Recyclables between Great Lakes Recycling, Inc. and the City and dated March 19, 2019. The
waiver of said Contractor Fees shall remain in effect for the remainder of the initial contract
term (May 31, 2022).
Date: July 2, 2020 ____________________________________
Timothy J. Cruikshank, City Manager
ANNOUNCEMENT OF MEETINGS AND EVENTS
Three or more Council Members may attend the following
JULY
3 City Offices closed in observance of July 4
5 Market in the Valley 9 am to 1 pm City Hall Campus
7 City Council Meeting 6:30 pm Held Virtually
12 Market in the Valley 9 am to 1 pm City Hall Campus
14 Council/Manager Meeting 6:30 pm Held Virtually
19 Market in the Valley 9 am to 1 pm City Hall Campus
21 Housing and Redevelopment Authority meeting 6:30 pm Held Virtually
21 City Council Meeting Following HRA Held Virtually
23 Golden Valley Business Meeting 8:30-10 am Held Virtually
28 Building An Equitable Golden Valley: A Discussion 6-7:30 pm Held Virtually
With City Leadership