05-04-21 City Council AgendaREGULAR 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 133 745 4443. The public may participate in this meeting during public comment
sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. 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
C.Proclamation for Arbor Day and Arbor Month 3-4
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 – Special City Council Meeting (Interview) – April 20, 2021
B.Approval of City Check Register
5
6
C.Boards, Commissions, and Task Forces:
1.Receive and File Meeting Minutes – Human Rights Commission – January 26, 2021 7-9
2.Receive and File Meeting Minutes – Environmental Commission – March 22, 2021 10-13
D.Approval of Bids, Quotes and Contracts:
1.Authorize Contract for Water Distribution Repairs with Valley Rich Co., Inc.14-39
2.Authorize User Agreement with Hennepin County for Nearmap Aerial Imagery 40-47
3.Approve Construction Contract for the 2021 Briarwood Habitat Restoration Project
with Cardno, Inc.
48-97
4.Authorize Agreement and Award Contract for Native Vegetation Maintenance with
Minnesota Native Landscapes
98-185
5.Approve MicroMobility License with Bird Rides, Inc.186-200
6.Approve Revised Memorandum of Understanding between the City of Golden Valley
and the Minneapolis Park and Recreation Board Regarding Theodore Wirth Park
201-207
May 4, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
2
7.Joint Powers Agreement between Hennepin County and the City of Golden Valley
regarding 911 Embedded Social Worker Program
208-223
E.Grants and Donations:
1.Approve Resolution No. 21-30, Supporting Application to the Pohlad Family
Foundation for Reducing Harm Through Collaborative Solutions Grant
224-227
F.Golden Valley Energy Action Plan and Plan Implementation:
1.Approve Golden Valley Energy Action Plan
2.Authorize a Memorandum of Understanding with Xcel Energy for Phase 2 Plan
Implementation
228-305
4.Public Hearing
A.Public Hearing to Vacate an Alley Easements North of Manor Drive between Zenith 306-309
Avenue North and Xerxes Avenue North, Resolution No. 21-31
B.Public Hearing to Approve a Major PUD Amendment for Hidden Lakes PUD #74 –310-440
1300 Hidden Lakes Parkway, Ordinance No. 712 and Adopt Resolution No. 21-32
Approving Summary Publication of Ordinance No. 712
C.Public Hearing Regarding Amendments for Golden Valley Country Club:
441-4851.Approve Resolution No. 21-33, Future Land Use Map Amendment for a portion of
the property at 7001 Golden Valley Road
2.Approve Ordinance No. 713, Zoning Map Amendment for a portion of the property
at 7001 Golden Valley Road
5.Old Business
6.New Business
All Ordinances listed under this heading are eligible for public input.
A.Resolution No. 21-34 Awarding the Sale of $3,605,000 General Obligation Improvement
Bonds, Series 2021A
496-516
B.Second Consideration of Ordinance No. 711, Amending City Code Chapter 8, Relating to
Emergency Management and Adopt Resolution No. 21-35 Approving Summary
Publication of Ordinance No. 711
517-523
C.Review of Council Calendar 524
D.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
486-495
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
1. C. Proclamation for Arbor Day and Arbor Month
Prepared By
Al Lundstrom, Park Maintenance Superintendent
Tim Teynor, City Forester
Summary
The City of Golden Valley was recently awarded the 2020 Tree City USA Award and Tree City Growth
Award. It is the 34th consecutive year and 9th year Golden Valley has received these national
recognitions, respectively. Tree City USA recognizes communities that have proven their commitment
to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with
the National Association of State Foresters and the USDA Forest Service.
To become a Tree City USA, a community must meet four standards:
1. Operate a forestry division
2. Have a tree ordinance
3. Manage a comprehensive community forestry program
4. Observe Arbor Day
This year the Arbor Day Foundation has waived the requirement for a celebration. However, the City of
Golden Valley will be recording a virtual tree planting by Forestry staff on May 5 at Brookview Park in
honor of Arbor Day.
Financial Or Budget Considerations
Not Applicable
Recommended Action
Motion to adopt Proclamation for Arbor Day and Arbor Month declaring May 5, 2021 as Arbor Day and
May 2021 as Arbor Month in the City of Golden Valley.
Supporting Documents
• Proclamation for Arbor Day and Arbor Month (1 page)
CITY OF GOLDEN VALLEY
PROCLAMATION FOR
ARBOR DAY AND ARBOR MONTH
WHEREAS, Golden Valley’s urban forest treasures were a significant attraction
to early settlers because of their usefulness and the beautiful environment they
provided; and
WHEREAS, trees are an increasingly vital resource in Golden Valley today,
enriching our lives by purifying air and water, helping conserve soil and energy, serving
as recreational settings, providing habitat for wildlife of all kinds, and making our
community more livable; and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of warmth and
security; and
WHEREAS, Golden Valley has been recognized as a Tree City USA by the
National Arbor Day Foundation and desires to continue its urban forestry efforts;
NOW, THEREFORE, I, Shepard Harris, Mayor of the City of Golden Valley, have
proclaimed May 5, 2021 as Arbor Day and May 2021 as Arbor Month in the City of
Golden Valley, and urge all citizens to support efforts to protect our trees and
woodlands and to support our City’s urban forestry program; and
BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens
to become more aware of the importance of trees to their well-being, and to plant,
nurture, protect, and wisely use Golden Valley’s great treasure of trees.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great
seal of the City of Golden Valley to be affixed this 4th day of May 2021.
__________________________
Shepard M. Harris, Mayor
SPECIAL CITY COUNCIL 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. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded
pursuant to Minnesota Stat. 13D.021.
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.
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Tim Cruikshank and Executive Assistant Tara Olmo
1. Commissioner Interviews
The Golden Valley City Council interviewed Mary McCormick for consideration of an appointment
to a City board or commission.
2. Adjournment
The special meeting was adjourned by unanimous consent at 6:00 pm.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Tara Olmo, Executive Assistant
April 20, 2021 – 5:45 pm
Golden Valley City Council Meeting
May 4, 2021
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=876916&dbid=0&repo=GoldenValley
The check register for approval:
• 04-30-21 Check Register
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 6:06 pm by Chair Scott.
Roll Call
Commissioners present: Kyle Scott, Chris Mitchell, Jonathan Burris, Teresa Sit, Teresa Martin, Destiny
Nathan, Naamah Murphy, Thomas Huling, and Leah Persky (6:33pm)
Staff present: Kirsten Santelices, Human Resources Director/HRC Staff Liaison
Approval of Agenda
MOTION by Commissioner Mitchell to add Environmental Commission Partnership to old
business. Seconded by Commissioner Murphy. Motion carried 8-0.
MOTION by Commissioner Burris to accept amended agenda. Seconded by Commissioner
Huling. Motion carried 8-0.
Approval of Minutes
MOTION by Commissioner Huling to approve December 22, 2020 meeting minutes as
amended with administrative corrections. Seconded by Vice Chair Mitchell. Motion Carried
8-0.
Announcements
Human Rights Commission and Rising TIDES Task Force Merger
Staff Santelices shared with the Commission the goal of the City, which is to keep the work of the Rising
TIDES Task Force going within an existing Commission. Given the overlap in some of the work of the Task
Force and HRC, staff recommends the creation of a new commission to incorporate the work of both
groups. Commissioners had questions about the workload and capacity, to ensure there were enough
members to keep up with the work of both groups. Staff agreed and suggested that a subcommittee of
HRC members and Rising TIDES members work together to create the new commission. Commissioners
Sit, Scott, and Martin volunteered for the subcommittee. Staff shared that the City Council will see a first
draft of the plan in March, and the full commission will continue to receive updates on the plans moving
forward.
CEDAW Proclamation Update
Staff Santelices shared that the City Council is interested in passing a proclamation of support and asked
the group who had interest in working with staff to draft the proclamation. Staff mentioned that the
proclamation could include an educational component as well. Commissioner Persky showed interest.
Staff will send out meeting opportunities.
January 21, 2021 –6:00 pm
Via Cisco Webex Meeting
Human Rights Commission Regular Meeting MinutesCity of Golden Valley
January 21 202 – 6:00 pm
2
Land Acknowledgement Update
Staff shared that the Council was appreciative of the research by the HRC on the topic of Land
Acknowledgements and asked that the HRC continue this work in 2021. This includes a community
engagement process to include the Indigenous and Native American populations.
Old Business
MLK Sweet Potato Comfort Pie Event and MLK Breakfast Table Recap
Commissioner Martin gave an overview of the event, which was national, and stated that the group was
able to bake pies and lead great discussions. There was a diverse group of attendees and they were able
to spend more time in breakout sessions. Staff shared that two of the pies were delivered to Mapping
Prejudice and to the City’s new Equity and Inclusion Manager, Kiarra Zackery. Commissioner Burris
provided a brief recap of the breakfast, which he described as “emotional and passionate.”
Commissioner Nathan stated that she was very impressed and inspired by the speakers. Staff shared that
community members continue to be grateful to the HRC for providing the opportunity to attend this
event each year.
Just Deeds Update
Staff Santelices provided an update that the first Robbinsdale Community Education presentation was
the same evening. The website rollout was pushed back to February and there are more cities interested
in joining, including Crystal, Minnetonka, and St. Louis Park. The City of St. Paul is also interested in
working with Mapping Prejudice as they map Ramsey County. Staff also shared that City staff Romano
has vacated his position with the City and that for the time being all communications on boards and
commissions and Just Deeds can go to Staff Santelices.
Police Commission Task Force Update
Commissioner Huling shared that the previous two subcommittee meetings were focused heavily on
setting priorities and getting into more substantive work.
Environmental Commission Event Reminder
Vice Chair Mitchell reminded everyone of the event on Thursday, January 28. Dr. Mark Sealy from the
University of Minnesota will discuss Climate Change in Minnesota: Implications and Disparate Impacts.
Encouraged all Commissioners to share with their networks.
New Business
Work Plan 2021
The group discussed some ideas for 2021 but agreed that it made sense to think about how the work of
TIDES will fit in to the larger plan. Staff mentioned that ongoing work will continue, like the CEDAW
proclamation, Land Acknowledgement, and PRIDE festival participation, etc.
Staff shared that the HRC is scheduled to go forward at the May Council/Manager meeting with the work
plan. Commissioner Persky shared that a lens of health equity may be something to incorporate into
future work of the commission. Commissioners agreed that the new commission looking at equity,
diversity, and inclusion makes a lot of sense. Specifically given the disparate impacts of the pandemic on
City of Golden Valley Human Rights Commission Regular Meeting Minutes
January 21 2020 – 6:00 pm
3
populations of color. Commissioners also agreed that the topic of human rights is engrained into
diversity, equity, and inclusion (DEI) work.
Staff shared that the March agenda will continue the discussions of the work plan and Commission
transition. Vice Chair Mitchell shared that the EC is still interested in future projects together.
Staff reminded the Commission that the joint meeting is on February 23 starting at 6 pm. Commissioner
Nathan offered to speak at the event. Staff will send future details.
Adjourn
MOTION by Commissioner Burris to adjourn at 6:55 pm. Seconded by Commissioner
Martin. Motion carried by unanimous consent.
________________________________
Kyle Scott, Chair
ATTEST:
_________________________________
Kirsten Santelices, Staff Liaison
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 177 393 4642. 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 6:30.
2. Roll Call
Commissioners present: Scott Seys, Debra Yahle, Tonia Galonska, Jim Stremel, Dawn Hill,
Shannon Hansen, Wendy Weirich, Felix Fettig
Commissioners absent: None
Council Members present: Larry Fonnest
Staff present: Eric Eckman, Environmental Resources Supervisor;
Drew Chirpich, Environmental Specialist;
Story Schwantes, Green Corp Member;
Carrie Nelson, Administrative Assistant.
3. Approval of Agenda
MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the agenda for
March 22, 2021 and the motion carried.
4. Approval of February 22, 2021 Regular Meeting Minutes
MOTION by Commissioner Weirich, seconded by Commissioner Stremel to approve the minutes
of February 22, 2021 as submitted and the motion carried.
5. Old Business
A. EC/HRC Environmental Justice Collaboration
i. Possible joint community event on September 11. Maybe tied in with the Run the
Valley event?
ii. Possibly do a joint commission meeting?
B. Partners in Energy – Energy Action Plan
MOTION by Commissioner Hill, seconded by Commissioner Weirich as a resolution in support
of the Energy Action Plan and the motion carried.
i. Change wording in the plan to make clearer the goal of Reducing Energy Burden
and how that’s accomplished.
March 22, 2021 – 6:30 pm
City of Golden Valley Environmental Commission Regular Meeting
March 22, 2020 – 6:30 pm
2
1. Done through Xcel and State Programs, Home Energy Squad, and Programs
through Xcel and CenterPoint. Finding people, and then connecting them
with resources/programs.
ii. Be sure to add the map on page 26.
iii. Table 3: Define the programs more to include programs we want to pitch.
iv. The PIE project team will be there to help with the roll-out of this program and
help with education, community engagement, and marketing for 18 months.
v. Pictures in the Plan:
1. Add more diversity.
2. Change the picture of the bandshell on the cover to a picture of the
farmers market if possible.
3. Change the picture on page 38 to a picture of the City Council.
vi. Senior City staff will be looking at the plan, including the City’s Equity and Inclusion
Manager.
C. Recycling and Organics Update
i. The RFP was issued on Feb 1, 2021 and 4 companies responded –
1. Curbside Waste – Organics Only
2. Republic Services – Both Recycling and Organics
a. Submitted an alternate recycling proposal that is a fixed rate model,
with fixed annual adjustments for 5 years with no processing fee or
revenue share with the City.
3. Vierkant Disposal – Organics Only
4. West Central Sanitation – Both Recycling and Organics
a. Submitted an alternate recycling proposal with a per household
disposal fee on top of the household collection fee, a different
revenue sharing formula that results in a negative revenue share,
and a plan to divide the city into 4 districts instead of 2.
ii. The RFP Required each company to:
1. Provide bi-weekly recycling collection and weekly organics collection for all
customers, parks, and city campuses.
2. Revenue sharing with no negative credit to the City.
a. The commodity value of recycled material has decreased so there
has been little to no revenue sharing. Because of this, the
companies bidding for the recycling portion included some form of
market rate adjustment or an alternate proposal.
iii. Bidders could submit alternate plans if they wanted to.
City of Golden Valley Environmental Commission Regular Meeting
March 22, 2020 – 6:30 pm
3
Residential Recycling and Organics Recycling
Contractor’s 2022 Proposed Price per Household per Month
Recycling Organics 2022 Total
Current Recycling
Contract (2021)
$3.87 NA
Curbside Waste NA $10.50
Republic Services
(with full organics
roll-out)
$4.80 $5.00 $9.80
Republic Services
(with targeted
organics roll-out)
$4.80 $4.00 $8.80
Vierkant Disposal
(with full organics
roll-out)
NA $6.42
Vierkant Disposal
(with targeted
organics roll-out)
NA $6.05
West Central
Sanitation
$3.90 $5.93 $9.83
Note: Actual household recycling fees charged to residents are higher than the contractor’s price per
household per month listed above. Fees charged to residents also support other recycling programs
(spring brush pick-up, fall leaf drop off, mighty tidy day, etc), education, supplies, staffing, and
administration. Beginning in April 2021, the household recycling fee charged to residents will be
approximately $5.66 per month ($17/quarter).
iv. A team of City staff reviewed the proposals and recommended going with Republic
Services, with full organics roll-out.
v. Award of contract is scheduled for May/June 2021 – major education to follow.
Services are scheduled to begin January 2022.
vi. Input from Questions:
1. Could we do a full roll-out with the option for people to opt-out prior to
the cart being delivered (as opposed to opting out after the cart is
delivered requiring the need for it to be picked up) with the understanding
they still have to pay?
2. Can we have a delayed delivery for the snow-birds?
3. Allow for bins to be kept outside and visible from street (maggot problems
in the summer!). Requires code change supported by property
maintenance staff and community input in 2020.
4. Look into back-hauling of compost so people can see what the organics
turn into and close the loop. Brings value and an education opportunity.
City of Golden Valley Environmental Commission Regular Meeting
March 22, 2020 – 6:30 pm
4
D. 2020 Annual Report and 2021 Work Plan
MOTION by Commissioner Stremel, seconded by Commissioner Hansen to approve the 2020
Annual Report and 2021 Work Plan and the motion carried with the following changes.
i. Add to the Work Plan: Study what staffing resources are needed to work on the
planned items and provide justification for increased staffing for the
environmental staff team to ensure adequate resources for the plans in place.
ii. Move bullet point two from the Climate Justice and Environmental Justice section
of the 2021 Work Plan to the Partners in Energy section.
iii. Remove the two possible items at the end of the 2021 Work Plan.
6. New Business
A. Council Updates
i. None
B. Other Business
i. None
7. Adjournment
MOTION by Commissioner Fettig, seconded by Commissioner Galonska to adjourn the
meeting at 8:53 pm and the motion carried.
ATTEST:
_________________________________ _______________________________________
Carrie Nelson, Administrative Assistant Scott Seys, Chair
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 1. Authorize Contract for Water Distribution Repairs with Valley Rich Co., Inc.
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
The City contracts water distribution repairs on an annual basis in conjunction with mill and overlay
projects. The work includes replacing gate valves and hydrants. Gate valves are critical in maintaining
the water distribution system and limiting the number of affected properties by isolating the water
supply during emergency repairs. Properly working hydrants are essential for fire suppression and
response time.
The area identified coincides with sections of next year’s in-house mill and overlay, which is north of
Duluth Street between Highway 100 and Douglas Drive. Staff received the following quotes to
complete the work:
Contractor Estimated Total Cost
Dave Perkins Contracting, Inc. $255,800
Valley Rich Co., Inc. $159,300
Financial Or Budget Considerations
The 2021 Water and Sanitary Sewer Capital Improvement Program (CIP) includes $150,000 for mill and
overlay water repairs (W&SS-051). Expenses over the budgeted amount will come from previous
purchases in the CIP being below budget. The City will supply the gate valves, hydrants, and parts to
minimize the overall cost of the project.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Water Distribution
Repairs with Valley Rich Co., Inc. in the form approved by the City Attorney.
Supporting Documents
• Contract for Water Distribution Repairs (23 pages)
• Dave Perkins Contracting, Inc. Quote (1 page)
• Valley Rich Co., Inc. Quote (1 page)
1
CONTRACT FOR WATER DISTRIBUTION REPAIRS
WITH VALLEY RICH CO., INC.
THIS AGREEMENT is made this 4th day of May, 2021 (the “Effective Date”) by and between Valley Rich Co.,
Inc., a sewer and water contractor located at 147 Jonathan Boulevard North #4, Chaska, MN 55318
(“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 excavating to repair, replace, and relocate potable water
distribution components.
B. The City desires to hire Contractor to repair, replace, and relocate potable water distribution
components.
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. 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. The Contractor shall proceed diligently and shall complete the Work to the
satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A
(the “Contract Time”). Contractor shall to 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 herein Exhibit D (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
2
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty (30) days after receiving a statement from Contractor.
4. 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.
5. 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.
6. 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.
7. 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.
8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining
and supervising 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.
3
9. 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
Final Payment (the “Final Payment”) issued by the City, which shall state the date on which the City
accepts the completed Work (the “Final Completion Date”).
10. 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, 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.
11. 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.
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12. 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 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.
13. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
14. 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.
15. 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.
16. 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.
17. 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:
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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 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.
18. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, 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 this 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.
19. 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, 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.
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20. 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.
21. 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.
22. 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.
23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24. 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.
25. 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.
26. 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
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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 Work.
27. 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.
28. 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.
29. 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.
30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Pete Nasvik, or designee who shall perform or supervise the performance of all Work.
31. 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:
CONTRACTOR THE CITY
Valley Rich Co., Inc.
147 Jonathan Boulevard North #4
Chaska, MN 55318
pete@valleyrich.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
32. 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.
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33. 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.
34. 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.
35. 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.
36. 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.
37. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
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.
CONTRACTOR: CITY OF GOLDEN VALLEY:
By: _________________________________
Pete Nasvik, Project Manager
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF WORK
1. Work. The Work shall include all labor and equipment necessary to repair, replace, or relocate
watermain, valves, hydrants, or other potable water distribution components. The Work shall include,
but not limited to, excavation; removal and disposal of old watermain, valve, and/or hydrant; installation
of new watermain, valve, and/or hydrant; and backfill and compact the excavated trench. The City shall
furnish new watermain, valve, hydrant, and/or bolts. Newly installed bolts shall be sprayed with an
approved automobile undercoating agent after installation and wrap entire valve assembly in plastic. All
bolts on the valve shall be replaced, including the bolts that connect the valve to the existing pipe material.
All bolts and nuts used for this project shall be stainless steel or “Core Blue” as approved by the Authorized
Agent. Each excavation of watermain, valve, and/or hydrant may include supplemental work and
restoration as follows:
A. Type A – Street Repair
Saw-cut, removal, and replacement of bituminous per City of Golden Valley Standard Details
herein Exhibit C. Adjust gate valve box to within 1/4 inch below top of wear course grade or
install hydrant at grade. Installation of 6 inches of Class 5, 3 inches of Type SP 12.5 Non-
Wearing Course (2,C), and 1.5 inches of Type SP 9.5 Wearing Course Mix (2,C).
B. Type B – Street & Curb Repair
Saw-cut, removal, and replacement of bituminous and concrete curb and gutter per City of
Golden Valley Standard Details herein Exhibit C. Adjust gate valve box to within 1/4 inch
below top of wear course grade or install hydrant at grade. Installation of 6 inches of Class 5,
3 inches of Type SP 12.5 Non-Wearing Course (2,C), and 1.5 inches of Type SP 9.5 Wearing
Course Mix (2,C). Installation of 4 inches of Class 5 below concrete areas. Sod repair behind
removed concrete per specifications herein Exhibit B, Section 18.
C. Type C – Sidewalk/Concrete Repair
Saw-cut, removal, and replacement of concrete sidewalk and/or driveway, including
truncated domes at existing pedestrian ramps, per City of Golden Valley Standard Details
herein Exhibit C. Adjust gate valve box to within 1/4 inch below top of concrete grade or
install hydrant at grade. Installation of 4 inches of Class 5 below concrete areas. Sod repair
behind removed concrete per specifications herein Exhibit B, Section 18.
D. Type D – Concrete/Sod Repair
Saw cut, removal, and replacement of concrete curb and gutter per City of City of Golden
Valley Standard Details herein Exhibit C. Adjust gate valve box to within 1/4 inch below sod
grade or install hydrant at grade. Installation of 4 inches of Class 5 below concrete areas.
Sod repair behind removed concrete per specifications herein Exhibit B, Section 18.
E. Type E – Sod Repair
Adjust gate valve box to within ¼ inch below sod grade or install hydrant at grade. Sod
repair per specifications herein Exhibit B, Section 18.
2. Schedule. The Work shall commence May 10, 2021 and conclude July 30, 2021. Repair 30, found
on Page 3 herein Exhibit A, shall be completed before June 30, 2021
3. Location. The Location Maps herein Exhibit A identifies the location of each repair.
EXHIBIT B
SPECIAL CONDITIONS
1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction
meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the
contracting company who will have direct responsibility for workmanship and/or materials used on the project.
The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all
questionable measurements, materials, methods or other matters shall be made at this conference. Contractor
shall submit the following at the pre-construction meeting:
A. Critical path phasing plan and schedule, which details all controlling operations. This shall be
submitted a minimum of three (3) days before the pre-construction meeting.
B. General project contact information including emergency contacts.
C. Traffic Control plan.
3. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all
requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all
safety measures recommended and required by any governmental agency, including the Department of Labor
and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the
other paragraphs of these Special Conditions covering safety precautions and accident prevention. The
Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions
from the City for implementing any additional requirements for safety concerns.
4. Permits and Licenses. Contractor shall procure all permits and licenses as required, pay all charges and
fees and give all notices necessary and incidental to the due and lawful prosecution of the Work.
5. Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to
determine the existence and location of gas mains and other private utilities, as well as, public utilities of the
City, County or State, which may be underground or overhead within street and highway rights-of-way or within
easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or
overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of
accuracy permitted by the locations both from field located and record drawings, established by the utility
owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall
be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to
beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to
which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive
compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information
given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to
properly protect and maintain such structures.
6. Utility Conflicts. Contractor shall coordinate its efforts with private utility companies so the Work can be
done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates,
installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs
or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the
extent the claim is due to the failure of any private utility with facilities affected by the Work to promptly relocate,
remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project
that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform
the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to
conflicts with in-place utilities shall be considered.
7. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include
mobilization to all of the areas identified in the Location Maps herein Exhibit A.
8. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT
requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring
its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT
regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and
hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements
as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT
compliance upon request.
9. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the
hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway.
High Volume Roadways
A. Betty Crocker Boulevard between US 169 and General Mills Blvd
B. Boone Avenue North between TH 55 and Plymouth Ave
C. General Mills Boulevard between Wayzata Blvd and TH 55
D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad
E. Golden Valley Road between Boone Avenue and Douglas Drive
F. Laurel Avenue between Winnetka Avenue and Xenia Avenue
G. Louisiana Avenue South between Laurel Avenue and I-394
H. Noble Avenue North between Golden Valley Road and 34th Ave N
I. North and South Frontage Roads of I-394
J. Olympia Street between Winnetka Avenue and Douglas Drive
K. Plymouth Avenue between US 169 and Winnetka Avenue
L. Regent Avenue North between Duluth Street and 34th Ave N
M. Rhode Island Avenue between 10th Avenue and TH 55
N. Wayzata Boulevard all portions in Golden Valley City Limits
O. Winnetka Avenue between TH 55 and I-394
P. Xenia Avenue South between Glenwood Avenue and I-394
Q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy
County Roadways
A. Douglas Drive North
B. Duluth Street between Douglas Drive North and Regent Avenue North
C. Glenwood Avenue between TH 55 and Theodore Wirth Parkway
D. Golden Valley Road between Regent Avenue North and Xerxes Avenue North
E. Medicine Lake Road between TH 169 and Douglas Drive North
F. Winnetka Avenue North between TH 55 and Medicine Lake Road
10. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers approved by the manufacturer.
11. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor’s equipment.
12. Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing
the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field
Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to
any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage
and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible
for maintaining traffic control devices during the Work. In the event that the City must install additional signs for
traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from
monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone.
When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide
certifications of all flagmen that will be working on this project.
13. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
A. Special Conditions herein Exhibit A, B, and C.
B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and
Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as
prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of
Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special
Conditions. The Standard Utilities Specifications are available from the Minnesota Society of
Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/.
C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its
supplements.
D. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized
work) of the Minnesota Department of Highways Standard Specification for Construction, 2018
Edition and its supplements, shall apply, except as modified or supplemented herein.
E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of
Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply,
except as modified or supplemented herein.
14. Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be
impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping
of trunks and branches; smothering of root systems by stockpiling of construction materials or excavated materials
within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches
that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture
Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to
freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease.
Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees,
Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-½” in diameter,
with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct
compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate all such
efforts with the Assistant City Forester. Standard excavation procedures may need to be modified for large trees
that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required
to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an
approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation
to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks or
ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City
Forester.
15. Plant Mixed Bituminous (2360). All bituminous mixtures shall be in conformance with MnDOT
Specification 2360, except as modified or supplemented herein. Bituminous mixtures to be used for the Work
shall be Super Pave mixtures as shown below.
A. Wearing Course: Type SP 9.5 Wearing Course Mix (2,C). All aggregate in this mixture must be virgin,
no recycled aggregate.
B. Non-wearing Course: Type SP 12.5 Non-Wearing Course (2,C)
16. Bituminous Patching.
A. Removal - The contractor shall sawcut and remove the pavement areas required to accomplish the
Work. The pavement material shall be disposed of outside the corporate limits of the City of Golden
Valley. The contractor may only have 3 excavations open at a time, with hole defined as any location
where the street surface has been removed and final wear course pavement has not been completed.
B. Interim Pavement Restoration - Following backfill of a hole with suitable trench backfill material,
contractor shall backfill (6-inch maximum lift thickness) and compact upper section of street with Class
5 aggregate base up to existing top of adjacent bituminous pavement grade. The upper section of the
street is defined as the proposed depth of Class 5 aggregate base and bituminous pavement for each
specific street. Just prior to pavement restoration operations, contractor shall remove Class 5
aggregate base required in order to pave proposed pavement section.
C. Pavement Restoration - MnDOT 2357 Tack Coat shall be CSS-1 or CSS-1h and applied between the
bituminous Non-wearing Course (2,C) layer and the 1.5 inches of Type SP 9.5 Wearing Course (2,C)
layer. When placing multiple lifts of bituminous in the same day, the prior lift must be allowed to cool
to a surface temperature of 180° Fahrenheit or less before applying the next lift. Contractor shall
ensure the top surface is closed to the satisfaction of the Engineer. The use of coarse mixtures that
do not close to the Engineer’s satisfaction shall not be permitted. Compaction shall be obtained in
accordance with MnDOT Specification 2360.3.D.2, Ordinary Compaction.
17. Turf Establishment (2575). Turf establishment shall be performed in accordance with the Provisions of
MnDOT Specification 2575, except as modified herein. Four inches (4”) of topsoil meeting the requirements of
MnDOT Specification 3877 shall be included in the unit price. The Contractor shall take reasonable measures to
ensure topsoil is placed to the thickness required. Topsoil provided shall be free of debris, rocks in excess of one
half-inch diameter, large organic material or other materials that do not contribute to plant growth. Evidence of
such deleterious materials shall be cause for rejection and replacement at Contractor expense. The unit price bid
for sod, including 4” of topsoil, shall be included in the cost of the Work, which includes but is not limited to
placing and maintaining the sod for 30 growing days, as per MnDOT Specification 2575.A.26 and to the City’s
satisfaction.
The Contractor shall also be required to examine the area behind the curb and remove all construction debris,
including but not limited to, concrete and asphalt chunks, large stones, cement bags and cardboard fabric rolls.
Contractor will not be permitted to use any type of equipment to place topsoil or sod on driveways. Sod
placement on this project must be completed within two weeks of the placement of the base course of asphalt.
Failure to complete the work in accordance with this requirement may result in the City withholding all monies
due until the work is completed.
18. Sanitary Provisions. Contractor shall observe and comply with all laws, rules, and regulations of the
State and Local Health Authorities. In the event of a sewage release, Contractor shall immediately notify the
State of Minnesota Duty Officer at the Department of Public Safety at 651.649.5451 and the City Engineer at
763.593.8030. The Duty Officer will instruct Contractor on any further notification procedures. Contractor shall
also take immediate action to prevent sewage from entering any water body or storm sewer by directing any
such sewage flow into the existing sanitary sewer system.
19. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated
herein Exhibit D. The estimated quantities on the Proposal form are for determination of the lowest cost for the
Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the
amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall
be considered. Contractor shall submit all final quantities to the City within one month after completion of the
Work.
20. Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said
date, make written request to the City for an extension of time for completion, setting forth fully in its request
the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has
been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work
done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the
City may, in its sole discretion, grant an extension of time for the completion to such date as may seem
reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be
considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without
violating the Contract, may proceed immediately to take over the Work, materials and equipment and make
final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’
notice for such forfeiture.
EXHIBIT C
CITY OF GOLDEN VALLEY STANDARD DETAILS
EXHIBIT D
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shall be performed at the unit prices below. The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Item
Number Description Units Quantity Unit Price Total
2021.501 MOBILIZATION LS 1 $ 5,850 $ 5,850
2504.602 TYPE A REPAIR EACH 15 $ 4,550 $ 68,250
2504.602 TYPE B REPAIR EACH 12 $ 5,650 $ 67,800
2504.602 TYPE C REPAIR EACH 0 $ 0 $ 0
2504.602 TYPE D REPAIR EACH 0 $ 0 $ 0
2504.602 TYPE E REPAIR EACH 3 $ 3,800 $ 11,400
2563.601 TRAFFIC CONTROL LS 1 $ 6,000 $ 6,000
TOTAL COST TO PROVIDE SERVICES FOR WATER INFRASTRUCTURE REPAIRS $ 159,300.00
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 2. Agreement with Hennepin County for Nearmap Aerial Imagery
Prepared By
Heather Hegi, GIS Specialist
Summary
Hennepin County recently acquired a three-year Nearmap subscription to access ortho and oblique
imagery as with past county funded aerial imagery products, access to this valuable resource is being
offered to sublicensed city partners at no costs.
In general, Hennepin County’s Nearmap agreement includes:
• Partner access to all Nearmap’s previously captured ortho/oblique imagery through
their online viewer.
• Partner access to future spring and fall ortho imagery through Nearmap’s online viewer,
2021-2023.
• Partner access to future spring oblique imagery through Nearmap’s online viewer, 2021-
2023.
• Partner access to spring/fall 3” ortho copy, 2021-2023.
• Public access to 6” ortho via open data and public applications. 6” ortho can be made public 12 months after capture.
• No public access to oblique imagery.
Financial Or Budget Considerations
Hennepin County is providing access to its cities for free. There are no additional technology costs
associates associated as this is an application that will work on existing computers.
Recommended Action
Motion to authorize the City Manager to execute a User Agreement with Hennepin County in the form
approved by the City Attorney.
Supporting Documents
• User Agreement with Hennepin County (7 pages)
Contract No. A2110748
- 1 -
HENNEPIN COUNTY USER AGREEMENT
This Hennepin County User Agreement (“HCUA”) is between Hennepin County, State
of Minnesota, (“COUNTY”) and City of Golden Valley, (“USER”).
WITNESSETH:
WHEREAS, COUNTY and Nearmap US, Inc. (“Nearmap”) executed AGREEMENT,
Contract No. PR00002983, as amended, for the licensing of oblique images and
related systems (the “Nearmap Agreement”);
WHEREAS, Nearmap’s hosted software system, except the Footprint module,
(collectively the “System”) collects, organizes, stores, displays and allows access to a
collection of ortho images, oblique images, metadata, data layers, and other
geographic or structural visualizations or embodiments (collectively “Delivered
Content”);
WHEREAS, by the terms of the Nearmap Agreement, Nearmap granted COUNTY the
right to allow duly authorized political units or political subdivisions located totally or
substantially within the boundaries of Hennepin County, including cities or townships,
to access the System and Nearmap Delivered Content.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements set
forth herein, COUNTY and USER agree as follows:
1. Term.
This Agreement shall commence upon March 12, 2021 and shall continue for one (1)
year unless terminated earlier in accordance with the provisions of this Agreement.
Subject to the provisions herein and unless COUNTY otherwise notifies USER within
thirty (30) days prior to the expiration of a term of this Agreement, this Agreement
shall then automatically renew for another two (2) year term. However, in no event
shall this Agreement continue beyond March 11, 2024.
2. Licenses.
Subject to the provisions herein, COUNTY grants USER a limited, revocable,
non-exclusive, royalty-free license to access and use the System and Delivered
Content exclusively for the performance of USER’s public responsibilities in the
Contract No. A2110748
- 2 -
ordinary course of government business. The rights granted in this paragraph
may be referred to as the “License”. For clarification and not limitation, the
License permits access or use by USER’s employees and contracted personnel
performing USER’s public responsibilities in the ordinary course of USER’s
business (said employees or contracted personnel may be referred to as
“Eligible Personnel” and, as applicable throughout this HCUA, the term “USER”
shall include and apply to Eligible Personnel). However, subject to the
foregoing, upon a third-party (e.g., public) request to USER for the right to
inspect, copy or otherwise access Delivered Content pursuant to the MGDPA
(as defined herein), USER shall 1) direct the request to the COUNTY Contract
Administrator (identified herein); 2) explain to the requesting party that the
request has been directed to the COUNTY and communicate appropriate
COUNTY contact information; and 3) perform any other reasonable tasks
necessary to expedite fulfillment of the request.
USER is solely responsible for implementing the technology necessary to access
the System, to retrieve Delivered Content and to use, control and safeguard
the Delivered Content pursuant to the obligations set forth herein.
Except as expressly set forth herein, USER shall acquire no right, title or
interest in or to the System or Delivered Content.
USER shall strictly comply with the following:
(i) USER shall access the System and access, use, control and safeguard
Delivered Content in compliance with the terms of this HCUA;
(ii) USER shall only access the System and Delivered content by and
through a computer workstation or server (i) that is owned or leased by
USER; (ii) that is under the exclusive control of USER; and (iii) that is
exclusively available for use by USER (an “Authorized System”);
(iii) USER shall not share or distribute System authentication
information, usernames or passwords (“Authentication”) with any
unauthorized third-party;
(iv) USER shall secure and safeguard the System, Authentication and
Delivered Content in USER’s possession or control in the same manner
that USER secures and safeguards its own critical or confidential
systems, software, data, passwords or other information. If there is a
Contract No. A2110748
- 3 -
conflict between USER’s security requirements and COUNTY’s security
requirements, COUNTY’s security requirements shall prevail;
(v) USER shall not access the Delivered Content by any means other
than the System including but not limited to scraping, robots,
wanderers, crawlers, spiders, etc (as those terms are commonly used
and understood in the information technology industry);
(vi) USER shall be solely responsible for accessing, using and otherwise
supporting the System including but not limited to paying all costs,
expenses and communication charges associated with the same;
(vii) USER shall use, control and safeguard the Delivered Content in
compliance with the terms of this HCUA and with applicable law
including but not limited to the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13;
(viii) Except as expressly provided herein, USER shall not use, disclose,
sell, market, distribute or otherwise make available the Delivered
Content during the term of this HCUA or at any time thereafter except
as required by law or with COUNTY’s express written consent;
(ix) USER shall not allow third-party access to Delivered Content;
(x) USER shall not create derivative works, including but not limited to
any new work for USER, COUNTY, or any other party, that incorporates,
embeds, or includes all or part of any Delivered Content, without
COUNTY’s express written consent; and
(xi) USER shall not remove, delete, alter or otherwise modify any
copyright messages on or associated with the System or Delivered
Content, including but not limited to copyright notices from COUNTY or
Nearmap.
3. Disclaimers and Limitations of Liability.
COUNTY, BY AND THROUGH NEARMAP, IS PROVIDING THE SYSTEM AND
DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS
FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO
Contract No. A2110748
- 4 -
WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS
THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE
PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY
COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and
agrees that (i) the System is subject to errors, omissions, delays or
interruptions; and (ii) COUNTY, by and through Nearmap, may modify or
change the System in a manner that may impact or restrict USER’s access. In
any such event, the COUNTY will not be liable for the cost of such changes,
damages or other liability which may be sustained by USER.
WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE
ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR
DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED.
USER fully understands and agrees that (i) the Delivered Content is provided by
third-parties, including but not limited to Nearmap; and (ii) COUNTY does not
directly control and is not responsible for the Delivered Content. USER fully
understands and agrees that the Delivered Content is subject to errors,
omissions, delay or interruptions, including but not limited to (i) delays, errors
or omissions in the receipt of the Delivered Content, (ii) changes, adjustments,
corrections or modifications of the Delivered Content and (iii) that COUNTY
may make modifications, changes and/or adjustments to the Delivered
Content at any time and without notice to USER.
At the point of initial contact with any Delivered Content provided to the
public, USER shall include the disclaimer set forth in the preceding three
paragraphs, in the same or substantially similar format with necessary
adjustments for accuracy and applicability, including but not limited to defining
“Delivered Content”.
IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS
OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN
IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
COUNTY’S SOLE LIABILITY AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY
DAMAGES RELATED TO THIS HCUA OR FOR ANY BREACH OF THIS HCUA,
INCLUDING BUT NOT LIMITED TO LIABILITY FOR SYSTEM OR DELIVERED
CONTENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO
Contract No. A2110748
- 5 -
RESTORING OR CORRECTING THE SYSTEM OR DELIVERED CONTENT TO THE
EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS
IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES.
4. Royalty Free License.
The License is royalty free. COUNTY is not providing any implementation,
maintenance, support or other services hereunder and, as such, USER shall not
pay COUNTY any amount for services pursuant to this HCUA.
5. Compliance with Applicable Law and Data.
USER and COUNTY shall comply with all applicable federal, state and local
statutes, regulations, rules and ordinances currently in force or later enacted.
Subject to the provisions set forth in Section 2 above, the parties, their officers,
agents, owners, partners, employees, volunteers and subcontractors shall
abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and
federal laws, rules, regulations and orders relating to data privacy or
confidentiality. USER shall promptly notify COUNTY if USER becomes aware of
any potential claims, or facts giving rise to such claims, under the MGDPA.
6. Termination.
If COUNTY reasonably believes that USER is not complying with any terms of
this HCUA, including but not limited to the license or related limitations,
COUNTY may immediately terminate this HCUA and thereby terminate the
License and USER’s access to and use of the System and Delivered Content.
Either party may terminate this HCUA without cause at any time by upon thirty
(30) day written notice to the other party.
Notwithstanding the term set forth herein, the parties expressly agree that
COUNTY may (i) terminate the license granted herein for Nearmap Delivered
Content; or (ii) terminate this HCUA upon the expiration or termination, for
any reason, the Nearmap Agreement.
7. Liability.
Contract No. A2110748
- 6 -
USER agrees to defend, indemnify, and hold harmless the COUNTY, their
officials, officers, agents, volunteers and employees from any liability, claims,
causes of action, judgments, damages, losses, costs, or expenses, including
reasonable attorney’s fees, resulting directly or indirectly from USER’s use of or
access to the System or Delivered Content, from USER’s failure to comply with
the terms of this HCUA or from failure to perform any duties and obligations
required by applicable law and/or this HCUA.
As applicable, a party’s liability shall be governed by the provisions of
applicable law including but not limited to the Municipal Tort Claims Act,
Minnesota Statutes Chapter 466, and other applicable law. The statutory
limits of liability for some or all of the parties may not be added together or
stacked to increase the maximum amount of liability for any party. This
paragraph shall not be construed to bar legal remedies one party may have for
the other party’s failure to fulfill its obligations under this HCUA. Nothing in
this HCUA constitutes a waiver by the USER or COUNTY of any statutory or
common law defenses, immunities, or limits on liability.
8. Miscellaneous Provisions.
The Hennepin County Geographic Information Systems Manager, or his/her
designee, shall manage this HCUA on behalf of the COUNTY and perform the
other duties expressly set forth herein.
Except as directed by COUNTY, USER shall not use the term “Hennepin
County”, or any derivative thereof in USER’s advertising, external facing
communication and/or marketing, including but not limited to advertisements
of any type or form, promotional ads/literature, client lists and/or any other
form of outreach, without the written approval of the Hennepin County Public
Affairs/Communications Department, or their designees.
USER and COUNTY intend that this HCUA will not benefit or create any right or
cause of action in or on behalf of any person or entity other than the parties.
The laws of the state of Minnesota shall govern all questions and
interpretations concerning the validity and construction of this HCUA and the
legal relations between the parties and their performance.
The remainder of this page is blank.
Contract No. A2110748
- 7 -
COUNTY AUTHORIZATION
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney's Office
By:
Hennepin County Administrator
Date:
USER warrants that the person who
executed this Agreement is authorized to
do so on behalf of USER as required by
applicable articles, bylaws, resolutions or
ordinances.*
USER
By:___________________________
Printed Name: TIMOTHY J. CRUIKSHANK
Printed Title: CITY MANAGER
Date: MAY 4, 2021
*USER shall submit applicable documentation (articles, bylaws, resolutions or
ordinances) that confirms the signatory’s delegation of authority. This documentation
shall be submitted at the time USER returns the Agreement to COUNTY.
Documentation is not required for a sole proprietorship.
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 3. Approve Construction Contract for the 2021 Briarwood 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 in 2020 it funded work in the Pennsylvania Woods Nature Area. Staff
recognizes this as an excellent opportunity to fund restoration and habitat enhancement in more of its
natural areas.
The scope of the Briarwood 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.
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, Briarwood was next on the list for this type of restoration project.
On January 5, 2021 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 2021. Ongoing integrated plant management for the project will continue through 2024.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 20201
2
Consistent with the City’s Equity Plan, staff expanded its outreach to vendors beyond the MNUCP
Directory. Staff solicited quotes from over 65 companies using networks and resources such as the
MNUCP Directory, Meda, North Central Minority Supplier Development Council, and Women’s
Business Development Center-Twin Cities.
Five quotes were received and are listed below:
Contractor Total Bid
Cardno Inc $31,544.63
Outdoor Lab $41,450.00
Resource Environmental Solutions $48,924.31
Prairie Restorations, Incorporated $65,418.95
Landbridge Ecological $67,792.67
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the
quote to Cardno Inc.
Financial or Budget Considerations
On March 26, 2021 the City approved a Grant Agreement with the Minnesota Department of Natural
Resources to accept the Department of Natural Resources Grant – Briarwood 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 Briarwood Habitat
Restoration with Cardno Inc. in the form approved by the City Attorney for the Restoration Project No.
#21-03 in the amount of $31,544.63
Supporting Documents
• Location Map (1 page)
• Contract for Local improvement Agreement (47 pages)
I-169Hwy 100H w y 5 5
I-394
Site
Glenwood AveDouglas Dr NWinnetka Ave NMedicine Lake Rd
Duluth St Go l d e n V a lley Rd
Location Map - Briarwood Nature Area
1
CONTRACT FOR LOCAL IMPROVEMENT
THIS AGREEMENT (this “Agreement”), entered into the 4th day of May, 2021 between the City of Golden Valley
(the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Cardno, Incorporated
a corporation, under the laws of Minnesota (“Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of
the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary
conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents
listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this
Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to
the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order
for a minor change in the Work issued by the Engineer.
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:
1. Modifications to the Contract
2. This Agreement
3. Special Conditions
4. General Conditions
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.
ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby
acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and
perform all work and labor necessary for Briarwood Nature Area Habitat Restoration (21-03) (the “Project”)
according to the Plans and Specifications and all of the Contract Documents.
Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the
essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule
for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete
the Work in every respect to the satisfaction and approval of the City.
ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the
Contractor’s performance of the Contract. The Contract Price shall be $31,544.63, subject to additions and
deductions as provided in the Contract Documents.
Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the
General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a
Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and
Contractor’s obligations fully performed by Contractor.
2
ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a
form approved by the City, in the sum of $31,544.63 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.
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of
the fitness of the Work and its acceptability.
ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials
used in the execution of the Work as is possible, and shall submit and make this information available as maybe
requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of Cardno, Incorporated, and
the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the
Contractor to third parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of
the Contract at any time before the execution of the Contract by all parties.
ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the
availability of appropriated funds, including funds derived from special assessments, from which payment for
contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless
the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received.
ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1)
it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not
been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal
policy, regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, Contractor is
prevented from proceeding with or completing the Work within a
reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be
paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance
with the Contract Documents.
Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed
Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of
the Work.
3
IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by
their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written.
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY ________________________________
Shepard M. Harris, Mayor
BY ________________________________
Timothy J. Cruikshank, City Manager
CONTRACTOR: CARDNO, INCORPORATED
BY _______________________________
ITS _______________________________
4
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 Briarwood 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).
5
EXHIBIT B: SPECIAL CONDITIONS
6
CITY OF GOLDEN VALLEY
SPECIAL CONDITIONS FOR
PENNSYLVANIA WOODS NATURE AREA
HABITAT RESTORATION PROJECT NO. 21-03
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. Start and Completion Dates: Award of this contract is scheduled for the Golden Valley City Council meeting
May 4, 2021. 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 December 30, 2021 and complete it no later than May 30, 2024. All invoices must be
submitted no later than June 7, 2021. 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.
3. Schedule and Working Hours: The Work shall begin after the City issues a Notice to Proceed, but no later
than December 30, 2021. 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 January 30, 2022. Contractor shall complete
7
Native seeding throughout the Project site on or before May 30, 2021. Contractor shall complete the Work,
including all Integrated Plant Management and controlled burns, on or before May 30, 2024.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
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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.
9. 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.
10. 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. Floodplain forest seeding: BWSR seed mix 34-262 Wet Prairie, 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
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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.
11. 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.
12. Integrated 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.
13. 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.
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EXHIBIT C: PROPOSAL FORM/CONTRACT PRICE
2,180.18 11,620.36
691.00 3,683.03
2.63 10,520
19.11 1,911.00
389.04 389.04
613.79
613.79
1.96
287.03 574.06
392.00
1,227.57
1,227.57
31,544.63
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EXHIBIT D: PLAN
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PROJECT AREA
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SITE PICTURES
South side of Briarwood Looking northeast
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West side of Briarwood looking east
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South side of Briarwood looking north
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Northwest side of Briarwood looking east towards Briarwood-Dawnview Pond
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BWSR Wet Prairie seed mix 34-262
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EXHIBIT D: GENERAL CONDITIONS
GENERAL CONDITIONS
CITY OF GOLDEN VALLEY
SECTION I - GENERAL
1. DEFINITIONS
When used in the Contract Documents, the intent and meaning of the below listed terms
shall be as follows:
A. "A.S.T.M." means the American Society for Testing Materials.
B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work
contemplated, acting directly or through a duly authorized representative.
C. "City" means the City of Golden Valley, Minnesota.
D. “Contract" means the entire agreement covering the performance of the Work and the
furnishing of materials in the construction.
E. "Contractor" means the individual, firm, partnership, corporation or company with which
the City contracts and unless otherwise specified, includes subcontractors of Contractor.
F. “Contract Bond" means collectively the approved forms of security furnished by Contractor
and Contractor’s Surety or Sureties as a guarantee of good faith on the part of Contractor
to execute and pay for the Work in accordance with the terms of the Contract.
G. “Contract Price” means the total amount payable by the City to Contractor, including
authorized adjustments, for the performance of the Work under the Contract Documents
and is stated in the Agreement.
H. “Contract Time” means the period of time, including authorized adjustments, allotted in
the Contract Documents for Final Completion of the Work.
I. "Engineer" means the City Engineer, or his/her designee.
J. “Final Completion” means the date certified by the Engineer in accordance with section VII
(7).
K. “Force Account” means the payment method used for extra work if the contractor and the
Engineer are unable to negotiate prices for revised Work.
L. “Force Account Work” means work completed on a Force Account basis.
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M. "Inspector" means an authorized representative of the Engineer, assigned to make any or
all necessary inspections of the Work performed and the materials furnished by Contractor.
N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to
inspect and determine the suitability of materials.
O. "Plans" means all approved drawings or reproductions of drawings pertaining to the
construction of the Work and appurtenances.
P. “Proposal” means the proposal for the Work submitted by the Bidder on the Proposal
Form.
Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the
Work contemplated. The Proposal may also be referred to as the bid.
R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the
Bidder as a guarantee of good faith to enter into a contract with the City if the Work is
awarded to the Bidder.
S. "Specifications" means the directions, provisions and requirements contained in the
Contract Documents, together with all written agreements made or to be made, pertaining
to the method and manner of performing the Work, or to the quantities and qualities of
materials to be furnished under the Contract Documents.
T. "Surety" is the individual or corporate surety that is bound with and for Contractor for the
acceptable performance of the Contract and for its payment of all obligations pertaining to
the Work.
U. “Unclassified Work” means all work and materials that are not included under any items in
the Proposal and Contract, for which a unit price has been submitted.
V. The “Work” means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials,
equipment, and services provided or to be provided by Contractor to fulfill Contractor’s
obligations. The Work may constitute the whole or a part of the Project.
W. Meaning of expressions - In order to avoid cumbersome and confusing repetition of
expressions in these Specifications, whenever it is provided that anything is, or is to be
done or is, "contemplated," "required," "directed," "specified," "authorized,” "ordered,"
"given," "designated," "indicated," "considered necessary," "permitted," "suspended,"
"approved," "acceptable," "unacceptable,” "suitable," "unsuitable," "satisfactory,"
"unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer.
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2. FAMILIARITY WITH LAWS AND ORDINANCES
Contractor is assumed to have made itself familiar with all laws, ordinances and regulations
which in any manner affect those engaged or employed in the Work, or the materials or
equipment used in or upon the improvement, or in any way affect the conduct of the Work.
No plea of misunderstanding will be considered on account of the ignorance thereof. The
provisions of such laws or ordinances are deemed to be a part of these Specifications, and
Contractor shall be bound by the provisions thereof.
SECTION II - AWARD AND EXECUTION OF THE CONTRACT
1. CONSIDERATION OF PROPOSALS
Comparison of proposals will be based on the correct summation of item totals, obtained from the
Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine
the correct total for a bid item.
The City reserves the right to award any or all alternate bid items, or any combination thereof, in
the best interest of the City.
The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it
may deem in the best interest of the City.
2. EXECUTION OF CONTRACT
The individual, firm, partnership, corporation or company to which the Contract has been
awarded shall sign the necessary agreements, entering into a contract with the City and
shall return them to the office of the City Clerk of Golden Valley within ten (10) days after it
has received notice of award.
3. FAILURE TO EXECUTE CONTRACTS
Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to
execute the Contract within ten (10) days as specified, shall be just cause for annulment of
the award. It shall be understood by the Bidder that, in the event of annulment of the
award, the amount of the Proposal Guarantee deposited with the Proposal shall be
retained by the City, not as a penalty, but as liquidated damages.
SECTION III - SCOPE OF WORK
1. INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans and Specifications is to prescribe the complete Work or
improvement that Contractor undertakes to do. The Plans and Specifications shall be read
and interpreted in conjunction with the Contract Documents.
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Unless otherwise provided, it is understood that Contractor shall furnish all labor, material,
equipment, tools, transportation, necessary supplies and incidentals as may reasonably be
required to complete the Work in accordance with the Plans, Specifications and other
Contract Documents.
The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden
Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and show the
location, details and dimensions of the Work. Any deviations from the Contract Documents
as may be required during construction shall, in all cases, be determined by the Engineer
and authorized in writing by the Engineer before such deviations are consummated.
The City may attach addenda to these Specifications, to be filed with such Specifications
and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders
shall be responsible to examine such Specifications as are on file for addenda before
submitting Proposals.
2. INCREASED OR DECREASED QUANTITIES OF WORK
The Engineer shall have the sole right to increase or decrease any or all of the items
specified in the Contract Documents, including the elimination of any one or more items.
Such changes shall not invalidate the Contract. If quantities originally contemplated are
materially changed, Contractor shall request a cost adjustment in writing in compliance
with the Change Order requirements set forth in Section 3 herein. Approval of any such
cost adjustment shall be at the sole discretion of the Engineer and the Engineer’s decision
shall be final on any and all matters concerning cost adjustment. No payment for changed
items shall be made to Contractor until both parties have signed the Change Order.
Except in the case of minor changes in the Work approved or ordered by the Engineer in
accordance with Section III (3)(D), or ordered by the Engineer in accordance with Section III
(3)(C), Contractor may make substitutions only with the consent of the City, after
evaluation and written approval by the Engineer and in accordance with a Change Order.
3. CHANGES IN THE WORK
A. GENERAL
Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in this Section and elsewhere in
the Contract Documents. A Change Order shall be based upon agreement between the City
and Contractor. A Construction Change Directive may be issued by the Engineer and may or
may not be agreed to by Contractor. An order for a minor change in the Work may be
issued by the Engineer alone and shall not involve a change in the Contract Price or
Contract Time. Changes in the Work shall be performed under applicable provisions of the
Contract Documents. Contractor shall proceed promptly with changes in the Work, unless
otherwise provided in the Change Order, Construction Change Directive, or order for a
minor change in the Work.
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B. CHANGE ORDERS
A Change Order is a written instrument prepared by the Engineer and signed by the City
and Contractor stating their agreement upon all of the following:
i. The change in the Work;
ii. The amount of the adjustment, if any, in the Contract Sum; and
iii. The extent of the adjustment, if any, in the Contract Time.
C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK
The Engineer may order minor changes in the Work that are consistent with the intent of
the Contract Documents and do not involve an adjustment in the Contract Price or Contract
Time. The Engineer’s order for minor changes shall be made in writing. If Contractor
believes that the proposed minor change in the Work will affect the Contract Price or
Contract Time, Contractor shall notify the Engineer and shall not proceed to implement the
change in the Work. If Contractor performs the Work set forth in the Engineer’s order for a
minor change without prior notice to the Engineer that such change will affect the Contract
Price or Contract Time, Contractor waives any adjustment to the Contract Sum or extension
of the Contract Time.
4. UNCLASSIFIED WORK
All work and materials that are not included under any items in the Proposal or Contract
Documents and for which a unit price has been submitted, shall be designated as
Unclassified Work.
Before any Unclassified Work is performed, the Engineer shall submit to Contractor for its
acceptance, a Change Order stating the location, nature, estimate of quantities, and basis
of payment of work to be performed. When this Change Order has been signed by both
parties, it shall become part of the Contract.
Any Change Order shall stipulate a unit price or lump sum for the performance of work.
Where a change in the Contract Price or Contract Time cannot be agreed upon, the
Unclassified Work shall be completed pursuant to a Construction Change Directive and
payment shall be made on a Force Account basis.
5. CONSTRUCTION CHANGE DIRECTIVES
A Construction Change Directive is a written order prepared by the Engineer directing a
change in the Work prior to agreement on adjustment, if any, in the Contract Price or
Contract Time, or both. The City may by Construction Change Directive, without invalidating
the Contract, order changes in the Work within the general scope of the Contract consisting
of additions, deletions, or other revisions, the Contract Price and Contract Time being
adjusted accordingly. A Construction Change Directive shall be used in the absence of total
agreement on the terms of a Change Order.
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If the Construction Change Directive provides for an adjustment to the Contract Price, the
adjustment shall be made as provided in Section VIII below. If Contractor disagrees with
the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in
accordance with applicable provisions of Section VIII(6).
Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with
the change in the Work involved and advise the Engineer of Contractor’s agreement or
disagreement with the method, if any, provided in the Construction Change Directive for
determining the proposed adjustment in the Contract Price or Contract Time. When the
City and Contractor agree with a determination made by the Engineer concerning the
adjustments in the Contract Price and Contract Time, or otherwise reach agreement upon
the adjustments, such agreement shall be effective immediately and the Engineer shall
prepare a Change Order. Change Orders may be issued for all or any part of a Construction
Change Directive. A Construction Change Directive signed by Contractor indicates
Contractor’s agreement therewith, including adjustment in Contract Price and Contract
Time or the method for determining them. Such agreement shall be effective immediately
and shall be recorded as a Change Order.
6. FINAL CLEAN-UP
Upon completion of the Work and before acceptance and final payment, Contractor shall
remove from the street and adjacent property, all surplus and discarded materials,
equipment, rubbish and temporary structures; restore in an acceptable manner all
property, both public and private, which has been damaged during the prosecution of the
Work; and shall leave the site in a neat and presentable condition subject to the approval of
the Engineer.
SECTION IV - CONTROL OF WORK
1. AUTHORITY OF ENGINEER
The Engineer shall decide any and all questions which may arise as to (1) the quality and
acceptability of materials furnished and Work performed; (2) the manner of performance
and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4)
the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount
and quantity of the several kinds of Work performed and materials furnished under the
Contract.
2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
No deviations from the Plans or the approved working drawings shall be permitted without
the written approval of the Engineer.
3. COORDINATION OF PLANS AND SPECIFICATIONS
Contractor shall take no advantage of any apparent error or omission in the Plans or
Specifications, and the Engineer shall be permitted to make such corrections and
interpretations as may be deemed necessary for the fulfillment of the Plans and
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Specifications.
Any Work not specified herein or in the Plans, but which may be fairly implied or
understood as included in the Contract, shall be completed by Contractor without extra
charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by
using the best class of work or materials.
In the case of any discrepancy between the scale and figures in the Plans, drawings, etc.,
the figured dimensions shall govern. In the case of any discrepancy between the quantities
shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any
other discrepancy occurs between the Plans and the Specifications, the decision of the
Engineer shall be decisive thereon.
4. COOPERATION BY CONTRACTOR
The City shall supply Contractor with five copies of the Plans and Specifications. Contractor
shall have said Plans and Specifications available at the Project at all times during the
prosecution of the Work. Contractor shall give the Work its constant attention to facilitate
progress and shall cooperate with the Engineer in setting and preserving stakes,
benchmarks, etc., and in all other things that are necessary for satisfactory completion of
the Work. Contractor shall have a competent and reliable superintendent acting as
Contractor’s representative on the job at all times. This representative shall supervise all of
Contractor’s workforce, including its subcontractors, during all phases and in all aspects of
the Work. All orders from the Engineer shall be directed through the superintendent.
Contractor shall provide a list, as deemed necessary by the Engineer, of emergency
contacts, including names and 24-hour telephone numbers, to the City.
5. CARE AND PROTECTION OF WORK AND MATERIALS
From the commencement of the Work until the final acceptance of the same, Contractor
shall be solely responsible for the care of the Work and for the materials delivered to the
site and intended to be used in the Work. All injury or damage to the same from whatever
cause, shall be made good at Contractor’s expense. Contractor shall provide suitable
means of protection for and shall protect all materials intended to be used in the Work and
shall provide similar protection for all Work in progress as well as completed Work.
Contractor shall at all times take all necessary precautions to prevent injury or damage to
the Work in progress, including but not limited to protection for damage or injury caused
by flood, freezing, or inclement weather of any kind. Only approved methods shall be used
for this purpose.
6. AUTHORITY AND DUTY OF INSPECTOR
The Inspector shall be authorized to inspect all Work and materials furnished. Such
inspection may extend to all or any part of the Work and to the preparation or manufacture
of the materials to be used. An inspector shall be stationed on the Work to report to the
Engineer as to the progress of the Work and the manner in which it is being performed.
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The Inspector shall also report to the Engineer whenever it appears that the materials
furnished or the Work performed by Contractor fail to fulfill the requirements of the
Specifications and Contract, and shall bring any such failure or other infringement to
Contractor’s attention. Such inspection, however, shall not relieve Contractor from any
obligation to perform all of the Work strictly in accordance with the requirements of the
Specifications.
In case of any dispute arising between Contractor and the Inspector as to materials
furnished or the manner of performing the Work, the Inspector shall have the authority to
reject materials or suspend the Work until the questions at issue can be referred to and
decided by the Engineer. If Contractor uses rejected materials or fails to suspend the Work,
all Work performed by Contractor under such suspension or rejection shall be considered
unauthorized work and subject to rejection or replacement by Contractor at Contractor’s
expense. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release
any requirements of these Specifications nor to approve or accept any portion of the Work,
or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no
case act as foreman or perform other duties for Contractor, nor shall the Inspector
interfere with the management of the Work by Contractor.
Any advice that the Inspector may give to Contractor shall in no way be construed as
binding upon the City in any way, nor shall any such advise release Contractor from
fulfillment of the terms of the Contract.
7. INSPECTION
The Engineer or the Engineer’s representative shall be allowed access to all parts of the
Work at all times and shall be furnished such information and assistance by Contractor as
may be required to make a complete and detailed inspection. Such inspection may include
mill, plant, or shop inspection of materials and workmanship.
8. AUTHORIZED WORK
Work done without lines and grades, Work done beyond the lines and grades shown on the
Plans, or as given, except as herein provided, or any Unclassified Work done without
written authority shall be considered unauthorized and at the expense of Contractor and
will not be measured or paid for by the City. Work so done may be ordered removed and
replaced at Contractor's expense.
9. DEFECTIVE WORK
All Work not conforming to the requirements of the Contract Documents shall be
considered defective and may be rejected by the Engineer by providing written notice of
the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer
or failing to conform to the requirements of the Contract Documents, discovered before
Final Completion and whether or not fabricated, installed or completed. Costs of correcting
such rejected Work, including additional testing and inspections, the cost of uncovering and
replacement, and compensation for the Engineer’s services and expenses made necessary
38
thereby, shall be at Contractor’s expense.
Should Contractor fail or refuse to remove or renew any defective Work, or to make any
necessary repairs in an acceptable manner and in accordance with the requirements of the
Contract Documents within the time indicated by the City, the Engineer shall have the
authority to cause the unacceptable or defective Work to be removed and renewed or
repaired at Contractor's expense. Any expense incurred by the City in making these
removals, renewals or repairs, which Contractor has failed or refused to make, shall be paid
for out of any monies due or which become due Contractor, or may be charged against the
Contract Bonds. Continued failure or refusal on the part of Contractor to make any or all
necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for
the City, at its option, to purchase materials, tools and equipment, and employ labor or to
contract with any other individual, firm or corporation, to perform the Work. All costs and
expenses so incurred shall be charged against Contractor and the amount thereof deducted
from any monies due or which may become due to Contractor under this Contract, or shall
be charged against the Contract Bonds. Any work performed, as described in this section,
shall not relieve Contractor in any way from its responsibility to perform the Work.
The City shall also have authority to take over and use defective Work without
compensation to Contractor, when Contractor fails or refuses to rebuild such defective
Work.
10. FINAL INSPECTION
The Engineer will make final inspection of all Work, and any portion thereof, as soon as
practicable after notification by Contractor that such Work is nearing completion. If the
inspected Work is not acceptable to the Engineer at the time of the Engineer’s inspection,
the Engineer shall advise Contractor in writing as to the particular defects to be remedied.
If, within a period of ten (10) days after such notification, Contractor has not taken steps to
speedily complete the Work as directed, the Engineer may, without further notice and
without in any way impairing the Contract, make such other arrangements as the Engineer
may deem necessary to have such Work completed in a satisfactory manner. The cost of
completing such Work shall be deducted from any monies due, or which may become due
Contractor on the Contract. Upon final acceptance of all the Work the Engineer shall issue a
“Certificate of Final Completion” pursuant to Section VII (6) herein. The date of Final
Completion of the Contract shall be the date on the Certificate of Performance.
11. GUARANTEE
In addition to Contractor’s obligations under Section IV paragraph 9, if, within one year
after the date of Final Completion of the Work, or by terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be not in
accordance with the requirements of the Contract Documents, Contractor shall correct it
promptly after receipt of notice from the City to do so, unless the City has previously given
Contractor a written acceptance of such condition. The City shall give such notice promptly
after discovery of the condition. During the one-year period for correction of Work, if the
City fails to notify Contractor and give Contractor an opportunity to make the correction,
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the City waives the right to require correction by Contractor and to make a claim for breach
of warranty. If Contractor fails to correct nonconforming Work within a reasonable time
during that period after receipt of notice from the City, the City may correct the Work at
Contractor’s expense.
The one-year period for correction of Work shall be extended with respect to portions of
Work first performed after Final Completion by the period of time between Final
Completion 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.
12. FOSSILS
If any fossils or treasure or other unusual or valuable geological formations are found in the
process of excavating, such fossils and sample of geological formations shall be carefully
preserved by Contractor and given to the Engineer and shall be the property of the City.
SECTION V - CONTROL OF MATERIALS
1. SOURCE AND QUALITY OF MATERIALS
The source of supply of the materials to be used shall be approved by the Engineer before
delivery is started. The approval of the source of any material will stand only so long as the
material itself conforms to the Specifications. Only materials conforming to the
requirements of these Specifications shall be used in the Work. The source of any materials
shall not be changed at any time without the written approval of the Engineer. Contractor
may be required, at any time, to furnish a complete statement of the original composition
and manufacturer of any or all materials required in the Work, or to submit sample of the
same.
2. STANDARD STOCK PRODUCTS
All materials, supplies and articles furnished shall, whenever so specified, and otherwise
wherever practicable, be the standard stock products of recognized, reputable
manufacturers. The standard stock products of manufacturers other than those specified
may be accepted when it is proved to the satisfaction of the Engineer that they are equal to
or better than the specified products in strength, durability, usefulness and convenience for
the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it
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shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract
is implied.
3. TESTS OF MATERIALS
When tests of materials are necessary, such tests shall be made by and at the expense of
the City unless otherwise provided. Contractor shall afford such facilities as the Engineer
may require for collecting and forwarding samples, and shall not use the materials
represented by the samples until tests have been made and the materials have been found
to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the
required samples without charge. The quantity of materials Contractor must furnish shall
be a reasonable amount, deemed by the Engineer, to effectively test such materials to
verify compliance with the Specifications and/or meet requirements from non-City funding
sources.
4. STORAGE
Materials shall be stored so as to insure the preservation of their quality and fitness for the
Work and such materials, even though approved before storage, shall be subject to test,
and must meet the requirements of these Specifications at the time it is proposed to
incorporate them in the Work. Materials shall be stored in a manner that will facilitate
inspections and protect the general public from injury.
The portion of the right-of-way not required for public travel may, with the consent of the
Engineer, be used for storage purposes, and for the placing of Contractor's plant and
equipment, but any additional space required, unless otherwise stipulated, shall be
provided by Contractor at his expense.
5. DEFECTIVE MATERIALS
All materials not conforming to the requirements of these Specifications shall be
considered as defective and all such materials, whether in place or not, will be rejected and
shall be removed immediately from the right-of-way unless otherwise permitted by the
Engineer. No material that has been rejected - the defects on which have been corrected
or removed - shall be used until the Engineer’s written approval has been given.
6. FAILURE TO REMOVE DEFECTIVE MATERIALS
Should Contractor fail or refuse to remove and renew any defective materials within the
time indicated in writing, the Engineer shall have the authority to cause the unacceptable
or defective materials to be removed and renewed at Contractor's expense. Any expense
incurred by the City in making these removals or renewals, which Contractor has failed or
refused to make, shall be paid for out of any monies due or which may become due
Contractor under this Contract, or may be charged against the "Contract Bond" deposited.
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SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
1. LAWS TO BE OBSERVED
Contractor shall observe and comply with all laws, ordinances, regulations and decrees
which may, at any time or in any manner, affect the equipment or materials used at the
Project, the conduct of the Work or those employed to complete the Work. No plea of
misunderstanding will be considered on account of the ignorance thereof.
Contractor further agrees that in connection with the employment and hiring of the labor
necessary for the performance of the Work, or any subcontract hereunder, Contractor will
not discriminate against any person or persons contrary to the provisions of Minnesota
Statutes 181.9, which is hereby incorporated by reference.
Contractor and Contractor’s Surety shall, indemnify and save harmless the City and all of its
officers, agents and servants against any claim or liability arising from or based on the
violation of any law, ordinance, regulation or decree, whether by himself or his employees.
If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or
any direction of the Engineer or Inspector which is contrary to or inconsistent with any such
law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency
to the Engineer in writing.
2. PERMITS AND LICENSES
Contractor shall procure all permits and licenses as required in the Contract documents,
pay all charges and fees and give all notices necessary and incidental to the due and lawful
prosecution of the Work.
3. PATENTED DEVICES, MATERIALS AND PROCESSES
If the Contract requires, or Contractor desires the use of any design, device, material or
process covered by letter, patent or copyright, trademark or trade name, Contractor shall
provide for such use by suitable legal agreement with the patentee or owner allowing use
of such design, devise, material or process in the Work. A copy of said agreement shall be
filed with the City. If no such agreement is made or filed as noted, Contractor and
Contractor’s Surety shall indemnify and save harmless the City from any and all claims for
infringement by reason of the use of any such patented design, device, material or process,
or any trademark or trade name or copyright in connection with the Work agreed to be
performed under the Contract, and shall indemnify the City for any costs, expenses and
damages which it may be obliged to pay, including costs, expense and attorneys’ fees
incident to litigation by reason of any such infringement at any time during the prosecution
or after the completion of the Work.
4. SANITARY PROVISIONS
Contractor shall observe and comply with all laws, rules and regulations of the State and
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Local Health Authorities and shall take such precautions as are necessary to avoid creating
unsanitary conditions.
Contractor shall provide and maintain suitable sanitary conveniences for the use of all
persons employed on the Project. Such facilities shall be properly screened from public
observation, in sufficient numbers, in such manner and at such points as shall be approved
by the Engineer. Contractor shall rigorously prohibit committance of nuisances within, on
or about the Work. Any employee found violating these provisions shall be discharged and
not again employed on the Work without the written consent of the Engineer. Contractor
shall supply sufficient drinking water to all of the work force employed, but only from such
sources as shall be approved by the Engineer. Contractor shall also obey and enforce such
other sanitary regulations and orders and shall take such precautions against infectious
disease as may be deemed necessary by the Engineer.
5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS
Where the Work is carried on in or adjacent to any street, alley or public place, Contractor
shall, at Contractor’s own cost and expense, furnish and erect such barricades, fences,
lights and danger signals, and shall take such other precautionary measures for the
protection of persons and property and of the Work as is necessary or required by the
Contract Documents. Excavations in or adjacent to public streets or alley in which water
stands more than one (1) foot deep or where banks of the excavation are subject to
collapse or cave-in shall be securely barricaded with snow fence so as to prevent access by
children and adults during the period when work is not being carried on at the site of
excavation. Barricades shall be painted in a color and reflectorized in accordance with the
provisions of the most current version of the Minnesota Manual of Uniform Traffic Control
Devices (“MMUTCD”).
From sunset to sunrise, Contractor shall furnish and maintain at least two (2) flashing lights
at each barricade. A sufficient number of barricades shall be erected to keep vehicles from
being driven on or into any of the Work and to warn pedestrians and children of the
existence of the excavation at all open points. When a detour is necessary because a street
is blocked by the Work, the Engineer shall designate its route and Contractor shall furnish
and post detour signs at places designated approved by the Engineer. All signs shall be in
accordance with the most current version of the MMUTCD and appendices.
Contractor shall be responsible for all damage to the Work due to failure of barricades,
signs, and lights to protect it, and whenever evidence of such damage is found, the
Engineer may order the damaged portion immediately removed and replaced by
Contractor at Contractor’s expense. Contractor's responsibility for the maintenance of
barricades, signs and lights, and for providing the watchmen, shall not cease until the
project has been accepted by the City.
6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES
On all Work, Contractor shall provide and maintain free access to gas valves, manholes and
similar facilities. Contractor shall also provide and maintain free access to all fire hydrants,
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gate valves, manholes, and appurtenant equipment of the City’s water distribution and
sanitary sewer systems.
Contractor shall provide for the flow of all water courses, storm sewers and storm drains,
and shall keep all gutters and waterways open or make other provisions for the free
removal of storm water. Contractor shall be liable for any damages or costs incurred by the
City due to flood conditions, or backing up of sanitary or storm sewers or storm drains
caused by the Work. Contractor also agrees to indemnify the City and its agents and
employees against claims relating to or arising from any such backups or flooding.
7. SITES TO BE KEPT CLEAN
Contractor shall clean and keep clean from waste materials or refuse resulting from his
operations, the streets, the Work and public property occupied by Contractor. Equipment
not usable on the Work shall be promptly removed and the adjacent premises maintained
in a neat and orderly condition at all times. Advertising signs in general will not be
permitted at the Project.
8. NOISE ELIMINATION
Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing plants shall be equipped with silencers, and the exhausts of all gasoline
motors or other power equipment shall be provided with mufflers approved by the
Engineer.
9. USE OF EXPLOSIVES
If it is necessary to use explosives in the performance of the Work, Contractor shall take out
permits and comply with all laws, ordinances and regulations governing same. Contractor
shall fully protect all completed Work as well as all overhead, surfaces or underground
structures and shall be liable for any damage done to the Work or other structures on
public or private property and injuries sustained by persons by reason of the use of
explosives in Contractor’s operations. Explosives shall be handled, used and fired only by
experienced personnel. All firing shall be done by electricity. All explosive supplies shall be
safely stored and protected in an approved manner. All such storage places shall be
marked clearly, "DANGEROUS – EXPLOSIVES." Caps or other exploders shall not be stored
at the place where dynamite or other explosives are stored.
10. PROTECTION AND RESTORATION OF PROPERTY
Where the Work passes over or through private property, the City shall secure a license,
right of entry, right-of-way agreement or easement. Contractor shall not receive any extra
compensation or be entitled to any extras because of delay on the part of the City in
obtaining right-of-way or easement access. Contractor shall not enter upon private
property for any purpose without obtaining written permission from the property owner.
Contractor shall, at Contractor’s own expense, protect and restore any public or private
property damaged or injured in consequence of any act or omission on Contractor’s part or
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on the part of Contractor’s employees or subcontractors, to a condition equal to or better
than that existing before such damage or injury occurred. If Contractor neglects to restore
or make good such damage or injury, the Engineer may, upon forty-eight (48) hours’ notice,
proceed to restore or make good such damage or injury and to order the cost thereof
deducted from any monies that are or may come due to Contractor.
Contractor shall restore at Contractor’s own expense all parks, streets, alleys, roads, or
public highways, and the public structures and improvements which may occupy such
parks, streets, roads, alleys, or public highways, including but not limited to water mains,
water connections and appurtenances, sewer, manholes, catch basins, and sewer
connections, ornamental light poles, and cables. All persons, firms, trustees, and
corporations having buildings, structures, works, conduits, mains, pipes, tracks, poles,
wires, cables, ducts, or other physical structures and improvements in, over, or under the
public lands, streets, roads, alleys, or highways, shall be notified by the City to shift, adjust,
accommodate or remove any such interfering works so as to comply reasonably with the
requirements of construction. Thereafter, Contractor shall be responsible for all just and
proper claims for damages caused to or on account of such interference or removal, and
shall at Contractor’s own cost and expense reimburse such persons, firms, trustees and
corporations all just and proper claim for such removal and replacement or repair.
Contractor shall include the cost of such interference, removal and replacement in the
various affected unit and lump sum prices, and no separate payment will be made to
Contractor for any cost involved by reason of any causes or situations arising from such
interference, removal or replacement.
Land monuments shall not be moved or otherwise disturbed except as may be directed by the
Engineer.
11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES
Prior to construction, Contractor shall obtain field locations or other assistance as may be
required to determine the existence and location of gas mains and other private utilities, as
well as public utilities of the City, County or State, which may be underground or overhead
within street and highway rights-of-way or within easements and which may be interfered
with by the Work.
Existing underground, surface or overhead structures are not necessarily shown on the
Plans, and those shown are only correct to the level of accuracy permitted by the locations
both from field located and record drawings, established by the utility owners. The City
does not assume any responsibility for the accuracy of the disclosed locations. Contractor
shall be responsible for all verifying all utility location by contacting Gopher State One-Call
(651.454.0002) prior to beginning the Work. Contractor shall also make such investigations
as are necessary to determine the extent to which existing structures may interfere with
the Work prior to submitting its Proposal. The sizes, locations and depths of such
structures as are shown on the Plans and profiles are only approximate and Contractor shall
satisfy itself as to the accuracy of the information given.
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Contractor shall not claim or be entitled to receive compensation for any damages
sustained by reason of the inaccuracy of the omission of any of the information given on
the drawings relative to the surface, overhead or underground structures or by reason of
Contractor’s failure to properly protect and maintain such structures.
Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and
shall be responsible to protect and maintain their operation during the Work. Contractor
shall restore, at his expense, any public structures such as, including but not limited to,
water mains, water connections, and appurtenances, sewers, manholes, catch basins,
culverts, and sewer connections which are damaged or injured in any way by Contractor’s
acts or the acts of its employees, agents or subcontractors.
Contractor shall indemnify and save harmless the City from any suit, claim, demand or
expense, including attorneys’ fees and costs, brought for or on account of any damage,
maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or
other structures of private utility firms or corporations whether underground or overhead, that may
be caused or required by Contractor during the Work. However, in cases involving an overhead or
underground privately owned utility installed and located in accordance with a permit issued by the
City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work,
the City shall provide for such relocation, to the extent allowed under the permit or applicable law.
12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES
All existing overhead, surface or sub-surface structures, together with all appurtenances
and service connections except those otherwise provided for herein, encountered or
affected in any way during Work shall be maintained in service at all times unless other
arrangements satisfactory to the agencies responsible for such utility are made. The cost of
this work shall be included in the price paid under the items applicable thereto and there
shall be no separate payment for it.
13. RAILWAY AND HIGHWAY CROSSINGS
Where the Work encroaches upon any right-of-way of any railway, State or County
Highway, the City shall make application for the necessary easement or permit for the
Work. Where railway tracks or highways are to be crossed, Contractor shall observe all
regulations and instructions of the railway company and Highway Department and other
applicable federal, state or local regulations as to methods of doing the Work, or
precautions for safety of property and the public. Contractor will not be paid
compensation for such railway or highway crossing applications or regulations unless
otherwise provided for in the Proposal or other Contract Documents.
14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the
City and its agents and employees from and against claims, damages, losses, and expenses,
including but not limited to attorneys’ fees, arising out of or resulting from performance of
the Work, provided that such claim, damage, loss, or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property, but
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only to the extent caused by the negligent acts or omissions of Contractor, a Subcontractor,
anyone directly or indirectly employed by them, or anyone for whose acts they may be
liable, regardless of whether or not such claim, damage, loss, or expense is caused in part
by a party indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to
a party or person described in this Section or any other obligations of indemnity under the
Contract Documents.
In claims against any person or entity indemnified under this Section by an employee of
Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the indemnification obligation under this Section shall not
be limited by a limitation on amount or type of damages, compensation, or benefits
payable by or for Contractor or a Subcontractor under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.
15. CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance, the Work and all materials shall be under Contractor’s charge and care,
and Contractor shall take every reasonable precaution against injury or damage to the
Work or to any part thereof by the action of the elements or from any other cause
whatsoever. Contractor shall rebuild, repair, restore and make good, at Contractor’s own
expense, all injuries or damages to any portion of the Work occasioned by any of the above
causes before its completion and acceptance.
16. NO WAIVER OF LEGAL RIGHTS
Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations,
rights, and remedies otherwise imposed or available by law. No action or failure to act by
the City, or Engineer shall constitute a waiver of a right or duty afforded them under the
Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach thereunder, except as may be specifically agreed upon in writing.
17. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION
Contractor shall observe and comply with all requirements of the Engineer as to the safety
of the workforce to be employed on the Project. Contractor shall also comply with all
safety measures recommended or required by any governmental agency, including the
Department of Labor and Industry and the Division of Accident Prevention of the Industrial
Commission of Minnesota, and with the requirements of the Workmen's Compensation Act
and any amendments thereto.
Contractor shall be responsible for all safety issues on the Project. Contractor must,
however, comply with all orders from the City for implementing any additional
requirements relating to safety concerns.
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18. REQUIREMENTS OF CONTRACT BOND
The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all
times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND,
each in the full amount of the Contract, as required by law, with Sureties satisfactory to the
City. The form of the Contract Bond is that required by Statute. Personal Sureties will not
be approved. The Contract Bond shall be acknowledged by both principal and Surety, and
the execution thereof witnessed by two witnesses as to each party.
Minnesota Statutes, Chapter 13, requires that the City make all payment and performance
bonds available for inspection and copying upon request. All claims on Contractor’s Bonds
shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574.
19. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
Contractor shall purchase and maintain, at Contractor’s own cost and expense, insurance of
the types and limits of liability, containing endorsements and subject to the terms and
conditions described herein and in the Contract Documents, including but not limited to
property damage and public liability coverage. The City shall be named as an additional
insured under Contractor’s policies of insurance.
The policies of insurance shall indemnify the City and all of its officers, agents, consultants
and employees, from all property or personal injury claims.
Contractor shall not commence the Work until it has obtained all the insurance described below,
provided proof of such coverage to the City, and the City has approved Contractor’s insurance. All
policies and certificates shall provide that the policies shall remain in force and effect throughout
the term of the Contract.
Policy Requirements
i. Worker’s Compensation Insurance:
a. Statutory Compensation Coverage
b. Coverage B – Employer’s Liability with limits of not less than:
1. $100,000 Bodily Injury per Disease per Employee
2. $500,000 Bodily Injury per Disease Aggregate
3. $100,000 Bodily Injury by Accident
ii. Automobile Liability Insurance:
a. Minimum Limits of Liability:
1. $1,500,000 – Per Occurrence – Bodily Injury and Property Damage Combined Single Limit
b. Coverages:
X Owned Automobile, if any
X Non-Owned Automobile
X Hired Automobile
X City of Golden Valley named as Additional Insured
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iii. General Liability Insurance:
a. Minimum Limits of Liability:
1. $1,500,000 – Per Occurrence
2. $3,000,000 – Annual Aggregate
b. Coverages:
X Bodily Injury
X Property Damage
X Personal Injury
X Blanket Contractual
X City of Golden Valley named as Additional Insured
iv. Professional Liability/Miscellaneous Liability Insurance:
Coverage for negligent acts, errors or omissions arising out of the performance of
professional services included in the Contract coverage shall continue for a minimum of five
(5) years.
a. Minimum limit of liability of $2,000,000 per occurrence
b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement)
c. If Claims-Made, please complete the following:
If prior acts coverage is restricted, advise the retroactive date of coverage:
_______________.
Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance
available to the City with respect to any claim arising out of this Contract, and shall provide the City
with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or
coverage or other material change.
Contractor is responsible for payment of insurance deductibles. If Contractor is self-
insured, a Certification of Self-Insurance must be attached.
Insurance companies must have an “AM Best” rating of A-, class V or better, and be
authorized to do business in the State of Minnesota and must be satisfactory to the City.
Each subcontractor shall furnish property damage and public liability insurance that
complies with all of the requirements stated, except as to amounts. Subcontractors shall
furnish property damage insurance and public liability insurance in amount proportionate
to their respective subcontracts, but such amounts shall be satisfactory to the Engineer.
20. WORKER’S COMPENSATION INSURANCE
Contractor shall furnish Workmen's Compensation Insurance for its employees, and must
comply with all Workmen's Compensation Laws for the state of Minnesota. The insurance
company or companies, or the manner in which the compensation insurance is carried,
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must be satisfactory to the City and to the Minnesota Industrial Commission. The cost of
Workmen's Compensation Insurance shall be included in all lump sum and unit cost items
under this Contract.
21. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE
CITY OF GOLDEN VALLEY AND OTHERS
Contractor shall familiarize itself with all terms and provisions of contracts between the City
of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable
water; and with the Cities of Crystal and New Hope for the storage distribution of potable
water as may apply. Contractor shall similarly familiarize itself with other contracts
between the City of Golden Valley and other municipalities, firms, corporations, or
individuals relating in any manner whatsoever to the subject matter of this Contract and
shall conform to all of the requirements of said contracts and shall do nothing which shall
violate any of the provisions or conditions imposed upon the City.
SECTION VII - PROSECUTION AND PROGRESS
1. SUBLETTING OR ASSIGNMENT OF CONTRACT
Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of the Work, or of Contractor’s right, title or interest therein, to any
person, firm or corporation without the written consent of the City and Contractor's Surety,
and such consent shall not relieve Contractor in any way of full responsibility for the
performance of this Contract.
Contractor shall include a list of subcontractors with the Proposal. The City reserves the
right to reject any or all of the subcontractors.
2. PROSECUTION OF WORK
All dealings of the City will be with Contractor. No work shall be started until the Contract
has been executed and written notice to proceed has been given to Contractor.
Definite notice of intention to start work shall be given to the City at least five (5) days in
advance of beginning the Work. Such starting time shall be within ten (10) calendar days
after the date of receipt by Contractor of written notice to proceed. The official starting
time shall be taken as the date on which Contractor is notified in writing by the Engineer
that Contractor has fulfilled all preliminary requirements of the City. The official
completion date shall be in accordance with the Special Conditions. Should the prosecution
of the Work be discontinued temporarily by Contractor for any reason, Contractor shall
notify the Engineer at least twenty-four (24) hours before again resuming operations and
shall not resume operations until it receives written approval from the Engineer.
Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the
City of the location at which Contractor intends to begin operations. The Engineer shall
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have the right to change the point of beginning or the points of operation of Contractor's
work force.
The Work shall be prosecuted in such manner as to ensure its completion within the
Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its
completion within the Contract Time, the Engineer shall have the right to require
Contractor to place in operation such additional force and equipment as are deemed
necessary by the Engineer.
3. LIMITATIONS OF OPERATIONS
In case of a dispute arising between two or more Contractors engaged on the same work as
to the respective rights or each under these Specifications, the Engineer shall determine
the matters at issue and shall define the respective rights of the various interests involved
in order to secure the completion of all parts of the Work in harmony and with satisfactory
results. Any such decisions by the Engineer shall be final and binding on all parties and shall
not in any way give rise to or provide a basis for a claim for extra compensation by any of
the parties.
4. CHARACTER OF WORKERS AND EQUIPMENT
Contractor shall employ such superintendents, foreperson and workers as are careful and
competent, and the Engineer may demand in writing the dismissal of any person or persons
employed by Contractor in, about or upon the Work, who engages in misconduct, or who is
incompetent or negligent or refuses to comply with the direction given. Any such person or
persons shall not be employed again at the Project without the written consent of the
Engineer. Should Contractor continue to employ such person or persons at the Project, the
City may withhold all payments which are or may become due, or the Engineer may
suspend the Work until the offending persons are dismissed. Contractor shall not employ
any minors, as defined by the Minnesota Worker’s Compensation Act, on the Project.
Contractor shall keep on the Project, during its progress, a competent superintendent and
any necessary assistants, all satisfactory to the Engineer. The Superintendent shall meet all
requirements contained in the Contract Documents, including but not limited to those
enumerated in Section 10 of the Special Conditions, and shall not be changed except with
the consent of the Engineer, unless the superintendent proves unsatisfactory to Contractor
and ceases to be in Contractor’s employ. The superintendent shall represent Contractor in
all matters and have the authority to obtain equipment and manpower as needed to
complete the Work. All directions given to the superintendent shall be as binding as if they
were given to Contractor.
All machinery and equipment owned or controlled by Contractor which is proposed to be
used by Contractor on the Work shall be of sufficient size and in such mechanical condition
as to meet with the requirements of the Work and to produce a satisfactory quality of
work.
When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed
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and replaced with equipment which will satisfactorily perform the Work. No change in the
machinery and equipment employed on the Project that has the effect of decreasing its
capacity shall be made except by written permission of the Engineer.
The measure of the capacity of machinery and equipment shall be its actual performance of
the Work. Failure of Contractor to provide adequate equipment may result in the
annulment of the Contract as hereinafter provided.
5. CONTRACTOR'S RIGHT TO REQUEST CHANGES
If Contractor discovers, prior to or during construction anything in the Plans or
Specifications or in the supplementary directions issued by the Engineer which, in the
opinion of Contractor, appears to be faulty engineering or design, Contractor shall
immediately advise the Engineer in writing of Contractor’s concerns. If no objection is
raised by Contractor under the provisions of this paragraph, Contractor waives any right to
contest the provisions of the Contract on the basis of faulty engineering or design.
6. TEMPORARY SUSPENSION OF WORK
The Engineer shall have the authority to suspend the Work, wholly or in part, for such a
period or periods as the Engineer may deem necessary due to conditions considered unfavorable
for the suitable prosecution of the Work, or for such time as is necessary due to failure on the part
of Contractor to carry out orders or perform any or all provisions of the Contract. If the Engineer
directs Contractor in writing to suspend the Work, Contractor shall store all materials and
equipment in such a way as to not obstruct or impede public travel or work on adjacent contracts.
Contractor shall not suspend the Work without written authority from the Engineer.
7. FINAL COMPLETION
Final Completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so that the
Owner can occupy or utilize the Work for its intended use.
When Contractor considers that the Work, or a portion thereof which the City agrees to
accept separately, is complete, Contractor shall prepare and submit to the Engineer a
comprehensive list of items to be completed or corrected prior to final payment. Failure to include
an item on such list does not alter the responsibility of Contractor to complete all Work in
accordance with the Contract Documents.
Upon receipt of Contractor’s list, the Engineer or the Inspector shall inspect the Work to
determine whether it is complete. If the inspection discloses any item, whether or not included on
Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so
that the City can occupy or utilize the Work or designated portion thereof for its intended use,
Contractor shall, before issuance of the Certificate of Final Completion, complete or correct such
item. In such case, Contractor shall then submit a request for another inspection by the Engineer to
determine Final Completion.
When the Work or designated portion thereof is complete, the Engineer will prepare a
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Certificate of Final Completion that shall establish the date of Final Completion; establish
responsibilities of the City and Contractor for security, maintenance, damage to the Work and
insurance; and fix the time within which Contractor shall finish all items on the list accompanying
the Certificate. Warranties required by the Contract Documents shall commence on the date of
Final Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Final Completion.
The Certificate of Final Completion shall be submitted to the City and Contractor for their
written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance,
and consent of surety if any, the City shall make payment of retainage applying to the Work or
designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in
accordance with the requirements of the Contract Documents.
8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION
Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted
for within the time stated in the Contract.
If Contractor finds that it will be impossible to complete the Work on or before the date of
completion as set forth in the Contract or as previously extended, Contractor shall, not less
than ten (10) days prior to said date, make written request to the City for an extension of
time for completion, setting forth fully in its request the reasons which Contractor believes
justify the granting of the request. If the City finds that the Work has been delayed on
account of unusual conditions beyond the control of Contractor, or that the quantities of
the Work done or to be done are in excess of the Contract quantities in sufficient amount
to warrant additional time, the City may, in its sole discretion, grant an extension of time
for the completion to such date as may seem reasonable and proper.
In case such extension is not granted, the right to proceed with the Work may be
considered as forfeited as of the Contract Time, including all agreed upon adjustments, and
the City, without violating the Contract, may proceed immediately to take over the Work,
materials and equipment and make final settlement of costs incurred as provided for in
Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10)
days’ notice for such forfeiture.
9. FAILURE TO COMPLETE WORK ON TIME
Should Contractor fail to complete the Work on or before the Contract Time, taking into
consideration all agreed upon extensions, the City may permit Contractor to proceed and in
such case there shall be deducted from any monies due or that may become due
Contractor the amount agreed upon as liquidated damages under section 4 the Special
Conditions of the Agreement. Liquidated damages shall continue to accrue until the
unfinished Work is completed whether Contractor finishes the Work or the Work is finished
by an alternate contractor.
Permitting Contractor to continue and finish the Work or any part of it after the Contract
Time, or after the date to which the Contract Time may have been extended, shall in no
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way operate as a waiver on the part of the City of any of its rights under the Contract.
Neither by the taking over of the Work by the City, nor by the annulment of the Contract,
shall the City forfeit the right to recover liquidated damages from Contractor or
Contractor’s Surety for failure to complete the Contract.
10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT
In addition to those instances specifically referred to in the Contract Documents, the City
shall have the right to declare Contractor in default of the whole or any part of the Work if:
1) Contractor becomes insolvent;
2) Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the
State of Minnesota;
3) A voluntary or involuntary petition in bankruptcy be filed by or against Contractor;
4) Contractor fails to commence work when notified to do so by the Engineer;
5) Contractor shall abandon the Work;
6) Contractor shall refuse to proceed with the Work when and as directed by the Engineer;
7) Contractor shall, without just cause, reduce his working force to a number which, if
maintained would be insufficient, in the opinion of the Engineer, to complete the Work in
accordance with the approved progress schedule, and shall fail or refuse to sufficiently
increase such working force when ordered to so by the Engineer;
8) Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other
than as herein specified;
9) A receiver or receivers are appointed to take charge of Contractor's property or affairs;
10) The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in
bad faith, violating any of the provisions of this Contract;
11) The Engineer shall be of the opinion that Contractor is or has been unnecessarily,
unreasonable or willfully delaying the performance and completion of the Work, or the
award of a necessary subcontract or the placing of necessary material or equipment orders;
12) The Engineer shall be of the opinion that the Work cannot be completed within the
Contract Time, taking into consideration all agreed upon amendments to the Contract
Time; provided, however, that the impossibility of timely completion is, in the Engineer's
opinion, attributable to conditions within Contractor's control;
13) The Engineer shall be of the opinion that Contractor is not or has not been executing the
Contract in good faith and in accordance with its terms; or
14) The Work is not completed within the Contract Time, taking into consideration all agreed
upon amendments to the Contract Time.
Before the City shall exercise its right to declare Contractor in default by reason of the
conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an
opportunity to be heard, on two days’ notice, at which hearing Contractor may have a
stenographer present; provided, however, that a copy of such stenographic notes, if any,
shall be furnished to the City.
The right to declare in default for any of the grounds specified or referred to above shall be
exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds
upon which such default is declared. Upon receipt of such notice, Contractor shall
immediately discontinue all further operations under this Contract and shall immediately
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quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on
the site.
11. COMPLETION OF THE WORK AFTER DEFAULT
The City, after declaring Contractor in default, may then have the Work completed by such
means and in such manner, by contract with or without public letting or otherwise, as it
may deem advisable, utilizing for such purpose such of Contractor's plant, materials,
equipment, tools, and supplies remaining on the site, and also such subcontractors as it
may deem advisable.
After such completion, the Engineer shall make a certificate stating the expense incurred in
such completion, which shall include the cost of re-letting and also the total amount of
liquidated damages (at the rate provided for in the Specifications) from the date when the
Work should have been completed by Contractor in accordance with the Contract
Documents to the date of actual completion of the Work. Such certificate shall be binding
and conclusive upon Contractor in accordance with the terms hereof to the date of actual
completion of the Work. Such certificate shall be binding and conclusive upon Contractor,
Contractor’s Sureties, and any person claiming under Contractor, as to the amount thereof.
The expense of such completion, as so certified by the Engineer shall be charged against
and deducted out of such monies as would have been payable to Contractor if it had
completed the Work; the balance of such monies, if any, subject to the other provisions of
this Contract, to be paid to Contractor without interest after such completion. Should the
expense of such completion exceed the total sum which would have been payable under
this Contract if the same had been completed by Contractor, any such excess shall be paid
by Contractor to the City upon demand. If Contractor fails to pay the City promptly for such
excess costs, the City may at its discretion submit a claim to Contractor’s Surety for such
reimbursements.
12. PARTIAL DEFAULT
In case the City shall declare Contractor in default as to a part of the Work only, Contractor
shall discontinue such part, shall continue performing the remainder of the Work in strict
conformity with the terms of the Contract, and shall in no way hinder or interfere with any
other contractors or persons whom the City may engage to complete the Work as to which
Contractor was declared in default.
The provisions of the clauses herein relating to declaring Contractor in default as to the
entire Work shall be equally applicable to a declaration of partial default, except that the
City shall be entitled to utilize for completion of the Work as to which Contractor was
declared in default only such plant, materials, equipment, tools and supplies as had been
previously used by Contractor on such part.
13. TERMINATION OF CONTRACTOR'S RESPONSIBILITY
Except as otherwise provided for in these Specifications and in Contractor’s bond, Contractor’s
responsibility for all Work and materials under this Contract shall continue until the expiration date
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of the warranty. The warranty shall commence on the date of Final Completion.
SECTION VIII - MEASUREMENT AND PAYMENT
1. MEASUREMENT OF QUANTITIES
Measurement of all Work acceptably completed will be made in accordance with the
system in which the Contract is let, either U.S. Standard or International System (metric).
Such measurements will be used as a basis for the computation of the quantities of Work
performed. Quantities designated to be measured by linear units will be taken horizontally.
Where Work is to be paid for by units of length, area, volume or mass, only the net amount
of Work actually performed, as it shall appear in the finished Work and measured as
hereinafter specified shall be paid for, local customs to the contrary notwithstanding.
Calculation of area quantities where the computation of the areas by geometric methods
would be comparatively laborious, it is stipulated and agreed that the City’s computer
aided drafting system shall be used as the method of measurement.
2. SCOPE OF PAYMENT
Contractor shall receive and accept the compensation as herein provided, in full payment
for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits,
bonds, etc., and for performing all Work contemplated and embraced under the Contract,
also for all loss or damage arising out of the nature of the Work, or from the action of the
elements, the expiration of the warranty to the City, and for all risks connected with the
prosecution of the Work, also for all expenses incurred by, or in consequence of the
suspension or discontinuance of said prosecution of the Work as herein specified, and for
completing all of the Work embraced in the Contract.
3. WORK COVERED BY CONTRACT PRICE
Contractor shall, under Contractor’s contract unit prices, furnish and pay for, all material
and incidental work, furnish all accessories, and do everything which may be necessary to
carry out the Contract in good faith, which contemplates everything completed, in good
working order, of good material, with good and accurate workmanship.
4. BASIS OF PAYMENT
Where Work is to be paid by linear, area, volume, mass, or by each individual units Contractor’s cost
for all materials, labor, tools and equipment required to complete the Work, notwithstanding that
while the Work may not be fully shown on the drawings, it may be described in the Specifications
and vice-versa.
5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES
Whenever the quantity of any item of Work as given in the Proposal shall be increased or
decreased, payment for such item of Work will be made on the basis of the actual quantity
completed at the unit price for such item named in the Proposal, except as otherwise
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provided in Section III - Paragraph 2, and in the detail Specifications for each class of Work.
6. CLAIMS AND PROTESTS
i. General
A Claim is a demand or assertion by one of the parties seeking, as a matter of right,
payment of money, a change in the Contract Time, or other relief with respect to the terms
of the Contract. The term “Claim” also includes other disputes and matters in question
between the City and Contractor arising out of or relating to the Contract. The
responsibility to substantiate Claims shall rest with the party making the Claim. This Section
does not require the City to file a Claim in order to impose liquidated damages in
accordance with the Contract Documents.
ii. Time Limit on Claims
The City and Contractor shall commence all Claims and causes of action against the other
and arising out of or related to the Contract, whether in contract, tort, breach of warranty
or otherwise, in accordance with the requirements of this Section and within the period
specified by applicable law, but in any case not more than one year after the date of Final
Completion of the Work. The City and Contractor waive all Claims and causes of action not
commenced in accordance with this Section.
iii. Notice of Claims
Claims by either the City or Contractor shall be initiated by notice to the other party and
shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim
or within ten (10) days after the claimant first recognizes, or reasonably should have
recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made
within ten (10) days shall be deemed waived.
iv. Continuing Contract Performance
Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall
proceed diligently with performance of the Contract and the City shall continue to make
payments in accordance with the Contract Documents. The Contract Price and Contract
Time shall be adjusted in accordance with the resolution of the Claim, subject to the right
of either party to proceed in accordance with this section.
v. Claims for Additional Cost
If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in
Subsection 1C above shall be given before proceeding to execute the portion of the Work that is
the subject of the Claim. Prior notice is not required for Claims relating to an emergency
endangering life or property.
vi. Claims for Additional Time
If Contractor wishes to make a Claim for an increase in the Contract Time, notice as
provided in Subsection C above shall be given. Contractor’s Claim shall include an estimate
of cost and of probable effect of delay on progress of the Work. In the case of a continuing
delay, only one Claim is necessary. If adverse weather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data substantiating that weather
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conditions were abnormal for the period of time, could not have been reasonably
anticipated, and had an adverse effect on the scheduled construction.
vii. Mediation
Claims, disputes, or other matters in controversy arising out of or related to the Contract,
except those waived as provided for in the Contract Documents, shall be subject to
mediation as a condition precedent to commencement of litigation. The parties shall
endeavor to resolve their Claims by mediation which shall be administered by a mediator
mutually agreed upon by the parties.
A request for mediation shall be made in writing, delivered to the other party to the
Contract and shall be completed within ninety (90) days from the date the request for
mediation was delivered to the other party. The parties shall share the mediator’s fee and
any filing fees equally. The mediation shall be held in Hennepin County, Minnesota, unless
another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
7. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK
Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or
on a Force Account basis. All Force Account Work shall be paid for in the following manner:
i. For all labor and foremen in the direct charge of the specific Work, Contractor will receive
the actual wages paid for each and every hour that said labor and foreman are actually
engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be
added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for
organization or overhead expense.
ii. For all materials used, Contractor will receive the actual cost of such materials including
freight charges as shown by original receipted bills, to which cost shall be added ten (10)
percent of the sum thereof. Where materials are specifically purchased for use on
Unclassified Work but are taken from Contractor's stock, Contractor shall submit an
affidavit of the quantity, price and freight on such materials in lieu of original bills and
invoices. This affidavit shall be approved by the Engineer.
iii. For any machinery, trucks or equipment, including fuel and lubricants, which it may be
deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to
be agreed upon in writing before such Work is begun, for each and every hour that said
machinery, trucks and equipment are in use on such Work, and to which sum no
percentage will be added. Such rental price shall not exceed the rates established by the
A.G.C. for this district.
The compensation as herein provided shall be received by Contractor as payment in full for
Unclassified Work done by Force Account and said twenty (20) percent for labor and said
ten (10) percent for materials shall be agreed to cover profit, superintendence, general
expense, overhead, and the use of small tools and equipment for which no rental is
allowed.
Contractor or Contractor’s representative and the Engineer or the Engineer’s
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representative shall compare records of Force Account Work at the end of each day.
Copies of these records shall be made in triplicate on Force Account forms, provided for
this purpose by the Engineer and signed by both parties. To all such claims for Force
Account Work, Contractor shall attach receipted bills for, or affidavit of, materials used and
freight receipts covering freight on such materials used, and said claims shall be presented
to the Engineer for payment not later than the twentieth (20th) day of the month following
that in which the Work was actually performed and shall include all labor charges and
material charges insofar as they can be verified.
Should Contractor refuse or fail to prosecute such Unclassified Work as directed, or to
submit this claim as required, the City may withhold payment of all current estimates until
Contractor's refusal or failure is eliminated, or, after giving Contractor due notice, the City
may make payment for said Work on a basis of a reasonable estimate of the value of the
Work performed.
8. PARTIAL PAYMENTS
Unless payments are withheld by the City for reasons herein before stated, payment will be
made at least once a month on a basis of ninety-five (95) percent of the Work done,
provided that the Work is progressing to the satisfaction of the Engineer; provided further,
however, that when ninety-five (95) percent or more of the Work is completed, the City
Council in its sole discretion may determine that something less than five (5) percent need
be retained to protect the City's interest in satisfactory completion of the Contract.
Monthly estimates may include the value of acceptable materials required for the Work,
which have been delivered to the Project, and for which acceptable provisions have been
made for the preservation and storage. From the total value of the materials so reported,
five (5) percent shall be retained. Such material, when so paid for by the City, shall become
the property of the City and in the event of default on the part of Contractor, the City may
use or cause to be used such materials in the construction of the Work provided for in the
Contract. The amount thus paid by the City for materials shall go to reduce estimates due
Contractor as the materials are used in the Work.
Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that
Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for
undisputed services provided by the subcontractor. Contractor shall provide proof to the City of
payment to subcontractors in the form of check copies or receipts. If Contractor fails to make
payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half
percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum
monthly interest penalty payment of ten dollars ($10).
No release of any retained percentage will be made without the written approval of the
Surety or Sureties, which approval shall be obtained by Contractor. Any such release may
be optional with the City.
9. FINAL PAYMENT
Upon completion of the Work and its acceptance by the Engineer, the Engineer will prepare
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a final estimate containing complete quantities of each and every item of Work performed
by Contractor, and the value thereof.
Upon acceptance of said final estimate by Contractor, the Engineer will certify as to the
completion and his acceptance of the Work, and to the entire amount and value of each
and every item of Work performed in accordance with the terms on the Contract. Unless,
otherwise provided, the City Engineer will then certify to the City Finance Director the
Engineer's Certificate and Final Estimate for Final Payment and will notify Contractor and
Contractor’s Surety or Sureties of the acceptance of the Work. The action of the City by
which Contractor is to be bound and the Contract concluded according to the terms
thereof, shall be evidenced by the aforesaid Certificate and Final Payment. All prior
certificates or estimates upon which payments may have been made are merely partial
estimates and subject to correction in the final payment.
10. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX
Final payment will not be made until Contractor shall have filed with the City evidence, in
the form of an affidavit, lien waiver or such other evidence as may be required, that all
claims against Contractor by reason of the Contract have been fully paid or satisfactorily
secured. In case such evidence is not furnished, the City may retain out of any amount due
said Contractor sums sufficient to cover all lienable claims unpaid.
Before final payment is made for the Work on this project, 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 this
project. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner
of Taxation will satisfy this requirement. 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
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 4. Award Contract for Native Vegetation Maintenance
Prepared By
Drew Chirpich, Environmental Specialist
Summary
Earlier this spring, City staff issued a Request for Quotes for contracted maintenance on 35 of the City’s
native vegetation buffer areas. These are areas that have been established with native vegetation,
often in close proximity to water bodies, that have been intentionally installed and received contracted
maintenance in the past. These areas provide pollinator and other wildlife habitat, provide water
quality benefits, and offer visual interest for patrons near these amenities. 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.
The contract will provide these areas with ongoing Integrated Plant Management (IPM) to remove
invasive species from within these buffer areas, provide additional seed or plants as needed, and
conduct controlled burns within these areas to eliminate invasive species and regenerate beneficial
vegetation. The specifications of the contract have also been updated to correlate with the most
recent best practices regarding stewardship and limiting the use of chemicals.
The length of the contract is one year, with an option to renew up to 3 additional years.
Consistent with the City’s Equity Plan, staff expanded its outreach to vendors beyond the MNUCP
Directory. Staff solicited quotes from over 65 companies using networks and resources such as the
MNUCP Directory, Meda, North Central Minority Supplier Development Council, and Women’s
Business Development Center-Twin Cities.
Three quotes were received and are listed below:
Contractor Total Bid
Minnesota Native Landscapes $34,125
Landbridge Ecological $46,220
Outdoor Lab $47,120
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
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Staff reviewed the quotes and found them to be accurate and in order. Staff recommends awarding
the quote to Minnesota Native Landscapes.
Financial or Budget Considerations
The total cost of the contract would be $34,125.00 for 2021. 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 Native Vegetation
Maintenance with Minnesota Native Landscapes, in the form approved by the City Attorney for the
Restoration Project No. #21-22 in the amount of $34,125.
Supporting Documents
• Location Map (1 page)
• Contract for Local Improvement Native Vegetation Maintenance Agreement Project #21-22
(85 pages)
1
CONTRACT FOR LOCAL IMPROVEMENT
NATIVE VEGETATION MAINTENANCE AGREEMENT
PROJECT #21-22
THIS AGREEMENT (this “Agreement”), entered into the 4th day of May, 2021 between the City of
Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota,
and Minnesota Native Landscapes, Incorporated, a corporation under the laws of Minnesota
(“Contractor”).
ARTICLE 1. The Contract Documents.
The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the
Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions,
drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other
documents listed herein or in any of the foregoing documents, and Modifications of the same issued
after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order,
(3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by
the Engineer.
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:
1. Modifications to the Contract
2. This Agreement
3. Special Conditions
4. General Conditions
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.
ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is
hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and
equipment, and to do and perform all work and labor necessary for Native Vegetation Maintenance
(21-22) (the “Project”) according to the Plans and Specifications and all of the Contract Documents.
Contractor shall commence and conclude the Work in accordance with the Contract Documents.
Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in
accordance with the time schedule for commencement and completion of the Work set forth in the
Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and
approval of the City.
ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for
the Contractor’s performance of the Contract. The Contract Price shall be $34,125 subject to
additions and deductions as provided in the Contract Documents.
Installment payments, if any, on account of the Work shall be made in accordance with the
provisions of the General Conditions. Final payment shall be due and payable on or before thirty
(30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming
that the Work has been fully completed and Contractor’s obligations fully performed by Contractor.
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ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate
surety bonds in a form approved by the City, in the sum of $35,125 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.
ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and
final judge of the fitness of the Work and its acceptability.
ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor
and materials used in the execution of the Work as is possible, and shall submit and make this
information available as maybe requested by the City.
ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of
Minnesota Native Landscapes, Inc., and the City does not assume and shall not have any
responsibility for the allocation of payments or obligations of the Contractor to third parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel
the award of the Contract at any time before the execution of the Contract by all parties.
ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent
upon the availability of appropriated funds, including funds derived from special assessments, from
which payment for contract purposes can be made. The City shall not be legally liable for any
payment under this Agreement unless the special assessment appeal period under Minn. Stat. §
429.081 has passed and no appeals have been received.
ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion
thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special
Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the
Contract because of changes in state fiscal policy, regulations or law; or (4) after finding that, for
reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing
the Work within a reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed items or units
of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of
Work will be made in accordance with the Contract Documents.
Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for
the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning
any just claims arising out of the Work.
ARTICLE 11. No Discrimination. Contractor 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. Contractor 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. 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
3
individuals with disabilities to participate in all Services 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.
IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective
behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year
first above written.
THE CITY OF GOLDEN VALLEY, MINNESOTA
BY: _______________________________
Shepard M. Harris, Mayor
BY: _______________________________
Timothy J. Cruikshank, City Manager
CONTRACTOR: MINNESOTA NATIVE LANDSCAPES, INC.
BY
ITS
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EXHIBIT A: SCOPE OF WORK
This is a vegetation maintenance project with limited soil disturbance. The Work includes invasive
species control and native vegetative habitat enhancement within various native vegetation areas
within 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. A list of the maintenance areas with associated maps can be found below.
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EXHIBIT B: SPECIAL CONDITIONS
CITY OF GOLDEN VALLEY SPECIAL CONDITIONS FOR NATIVE VEGETATION MAINTENANCE PROJECT NO. 21-22
1. Project Description: This is a vegetation maintenance project with limited soil disturbance. The Work includes
invasive species control and native vegetative habitat enhancement within 35 native vegetation areas in Golden
Valley, Minnesota. The Work includes, but is not limited to, all labor, equipment, materials, hauling and disposal
for the completion of the Project.
2. Start and Completion Dates: Award of this contract is scheduled for the Golden Valley City Council meeting May 4,
2021. 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”). The term of the contract will be approximately one year, beginning May 4, 2021 through December
31, 2021.
Contractor shall begin by May 10, 2021 and complete it no later than November 30, 2021. 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 complete the Work within
the time periods specified.
3. Schedule and Working Hours: The Work shall begin after the City issues a Notice to Proceed, but no later than
May 10, 2021. 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.
4. Pre-Construction Conference: Prior to commencing the Work, Contractor shall attend a mandatory pre-
construction conference 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.
5. Post-Construction Conference: Upon completion of work at the end of the field season, contractor will be asked
to convene with City staff and provide a summary of work completed over the prior year, as well as maintenance
recommendations for each site for the upcoming year.
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.
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8. Buckthorn Removal and Treatment: Buckthorn removal will be considered part of Integrated Plant Management
and considered complete when all buckthorn has been removed, stumps have been treated, and all remnants
have been rendered non-viable within the Work areas. 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 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 8 herein if using chemicals during
site buckthorn removal and treatment. All Work must comply with the procedures outlined in DNR
Operational Order 113
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. Alternatives to chemicals such as manual removal methods shall be given
priority. If it is deemed necessary to use chemical, the Contractor must take all necessary precautions and
measures to protect 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.
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, and will avoid use of
chemicals if application will occur too close to a rain event.
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 including knocking on doors and providing informative door
hangers. Before conducting a controlled burn, Contractor shall obtain the proper permits from the Department of
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Natural Resources and the Golden Valley Fire Chief or Fire Marshall. 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 certified through the National Wildfire
Coordinating Group with a minimum of a S130 or S190 certificate or certified through the MN DNR to
conduct controlled burns. At least one supervisory staff member per crew must have one of the above
certifications. The controlled burns completed 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.
Following the 2021 season, the burn schedule for each of the 35 maintenance sites will be evaluated by the
City and Contractor and modified as needed. If the Contract is renewed, the proposal form for the next
season will be updated by the City and sent to the Contractor for pricing.
11. Dormant Mow: Certain sites will require dormant mows to control annual weeds, and allow desirable species to
thrive. Unit pricing for Dormant Mows will be evaluated on a per need basis for each of the 35 maintenance sites
and changed annually to update mow sites and pricing for the applicable year. Pricing for each year will be
submitted via the proposal form for that year.
12. 2575.502 Native Vegetative Establishment: In the event that an area is lacking adequate vegetation or coverage,
the contractor may be asked to interseed with a seed mix approved by the Engineer.
Contractor shall properly prepare the seed bed prior to the seeding. Preparation shall include all required
dragging, raking, top soiling, 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 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.
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Contractor will be asked to provide invoice for seed and plant amount verification prior to payment.
13. 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.
14. Integrated 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 including removal and stump treatment. Woody plant
management includes removal and treatment of opportunistic (volunteer) trees and shrubs that sprout within the
maintenance areas. It is the expectation of this contract that all invasive and nuisance species will be removed as
part of this IPM, as well as any species that are identified as an Eradicate, Control, or Restricted Noxious Weed
species by the Minnesota Department of Agriculture, or that pose a threat to plant diversity, as specified by the
City.
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 Section 8 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 according to manufacturer’s label. Mechanical means will be given priority
over chemical means when considering methods. Chemical use must be approved by the City contact prior
to use. Chemical control is paid under the unit price for each location for IPM and covers all costs of time,
material, and chemical. All invasive species removed from the management areas must be rendered non-
viable prior to transport off site. All Work must comply with the procedures outlined in DNR Operational
Order 113.
15. Erosion Control: 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. There will be no additional payment made for erosion
control measures as they are deemed incidental to the Work described above.
16. Additional Labor Rates Form: As part of the quote, Contractor shall submit their rate schedule for additional
labor, equipment, and materials for tasks such as soil preparation and seeding, planting, and additional invasive
species removal. The submitted rates will be used for additional labor outside of the scope of this contract if
deemed necessary by the City. This form may be updated and resubmitted as part of the annual contract renewal.
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EXHIBIT C: CONTRACTOR QUESTIONNAIRE
NATIVE VEGETATION MAINTENANCE CONTRACTOR QUESTIONNAIRE
1. Name and Address of Contractor.
2. Include a statement of Contractor’s qualifications. Document experience in similar settings, discuss staff
qualifications and training, and propose a schedule of service for the native vegetation maintenance areas.
3. List names and titles of personnel that will be conducting chemical applications and controlled burn activities and
any certifications they possess.
4. Provide a list of the anticipated equipment, materials, and chemicals needed for this project.
5. How many years have you been engaged in vegetation maintenance services?
6. List current and past vegetation maintenance contracts you have had in the past 10 years. If applicable, list the
date when the contract ended and the reason for loss of contract.
7. Provide contact information for three references from cities/other governmental entities/clients where you have
recently provided vegetation maintenance services of similar size and scope. Contact information should include
Organization Name, Contact Person Name, Email Address, and Phone Number.
8. Describe any new contracts you have recently begun in the last 5 years. Provide a detailed list of the steps you
took to ensure the contract transition was successful both from a field and customer service perspective. As a new
provider, what issues or problems did you encounter and how did you deal with those issues? What challenges might you
anticipate with this contract?
9. In the past three years, have there been contract requirements or agreements that you were not able to meet? If
so, please explain.
10. Provide names and contacts of any cities/other governmental entities/clients in Minnesota where you have been
involved in litigation within the last 15 years. What caused the litigation and what were the results?
11. Does your company have a Sustainability Plan? Yes / No
If yes, please provide a link to an online copy of your Plan or note your ability to share an electronic copy of the document
at the request of the City.
If no, is there a plan in place to develop a Sustainability Plan in the future? Yes / No
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12. Does your company have a Racial Equity Plan? Yes / No
If yes, please provide a link to an online copy of your Plan or note your ability to share an electronic copy of the document
at the request of the City.
If no, is there a plan in place to develop a Racial Equity Plan in the future? Yes / No
13. Please describe your company’s commitment to racial equity, diversity, and inclusion. Include information about
your company’s advancement and retention opportunities, specifically for Black, Indigenous and People of Color.
14. Please describe your company’s commitment to gender equity, diversity, and inclusion. Include information about
your company’s advancement and retention opportunities.
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EXHIBIT D: PROPOSAL FORM/CONTRACT PRICE
CITY OF GOLDEN VALLEY, MN
City Council
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Council Members:
In accordance with the City of Golden Valley, inviting quotes in conformity with the plans and specifications on file in the
office of the City Engineer, City of Golden Valley, Minnesota, the undersigned hereby certifies that an examination has been
made of the Specifications and the Plans, and the site of the work, and hereby proposes to furnish all necessary machinery,
equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time
prescribed; and understands that the quantities of work shown herein are approximate only and are subject to increase or
decrease; and further understands that all quantities of work, whether increased or decreased, are to be performed at the
following unit prices.
49 CITY OF GOLDEN VALLEY, MN PROPOSAL FOR: #21-22 Native Vegetation Maintenance QUOTE DEADLINE: April 16, 2021 ITEM NUMBER DESCRIPTION UNITS ESTIMATED QUANTITY BID PRICE AMOUNT INTEGERATED PLANT MANAGEMENT (IPM) 1 ADELINE NATURE AREA IPM EA 2 $ $ 2 BASSETT CREEK NATURE AREA IPM EA 3 $ $ 3 BASSETT CREEK & WINNETKA IPM EA 3 $ $ 4 BOONE AVE POND & BERM IPM EA 3 $ $ 5 BRIARWOOD NATURE AREA IPM EA 4 $ $ 6 BRIARWOOD-DAWNVIEW PARK IPM EA 4 $ $ 7 BROOKVIEW PARK PONDS IPM EA 3 $ $ 8 GENERAL MILLS NATURE PRESERVE IPM EA 3 $ $ 9 GOLDEN MEADOWS POND IPM EA 2 $ $ 10 GOLDEN RIDGE POND IPM EA 2 $ $ 11 GOLDEN HILLS POND IPM EA 2 $ $ 12 HAMPSHIRE POND IPM EA 3 $ $ 13 MADISON POND IPM EA 3 $ $ 14 MEADOW LANE WOODS POND IPM EA 3 $ $ 15 MEDLEY PARK IPM EA 4 $ $ 16 MINNAQUA POND & CREEK IPM EA 3 $ $ 17 MINNAQUA WETLAND IPM EA 3 $ $ 100.00435.00100.00250.00200.00150.00345.00$1,295.00100.00125.00225.00150.00150.00100.00225.00100.00230.00200.001,305.00300.00750.00800.00600.001,035.003,885.00200.00250.00450.00450.00450.00300.00900.00300.00690.00
50 18 NORTH TYROL PARK IPM EA 2 $ $ 19 PERRY AVE POND IPM EA 3 $ $ 20 REGEND & WESTBEND BUFFERS IPM EA 3 $ $ 21 SCOTT AVE POND IPM EA 3 $ $ 22 SCHAPER PARK IPM EA 3 $ $ 23 SOUTH TYROL POND IPM EA 3 $ $ 24 SWEENEY BRANCH STREAM BANK IPM EA 1 $ $ 25 WINNETKA & Hwy 55 IPM EA 3 $ $ 26 XENIA AVE POND & WETLAND IPM EA 3 $ $ 27 ST. CROIX PARK STREAM BANK IPM EA 3 $ $ 28 HONEYWELL POND IPM EA 2 $ $ 29 PAISLEY PARK RAIN GARDEN IPM EA 2 $ $ 30 BROOKVIEW PONDS N & O IPM EA 3 $ $ 31 THE LIBERTY IPM EA 3 $ $ 32 TALO POND IPM EA 3 $ $ 33 BROOKVIEW COMMUNITY CENTER EA 2 $ $ 34 BROOKVIEW DRIVING RANGE EA 2 $ $ 35 OLYMPIA FILTRATION BASIN EA 3 $ $ DORMANT SITE MOWS 35 OLYMPIA -MOW EA 1 $ $ 36 HONEYWELL POND- MOW EA 1 $ $ 225.00100.00205.00150.00335.00125.00710.00150.00500.00550.00250.0070.00300.00125.00300.00200.00200.00225.00340.00425.00340.00450.00615.00300.00450.001,005.00375.00710.00450.001,500.001,650.00500.00140.00900.00900.00375.00400.00400.00675.00425.00
51 AUTHORIZED SIGNATURE__________________________________________________ CONTROLLED BURNS 37 BOONE AVE POND AND BERM - BURN EA 1 $ $ 38 GOLDEN HILLS POND- BURN EA 1 $ $ 39 SCOTT AVE POND -BURN EA 1 $ $ 40 SOUTH TYROL POND- BURN EA 1 $ $ 41 SCHAPER PARK - BURN EA 1 $ $ 42 WINNETKA AND HWY 55 - BURN EA 1 $ $ 43 XENIA AVE POND AND WETLAND -BURN EA 1 $ $ EA 1 $ $ EA 1 $ $ TOTAL: $ 900.00750.00750.00900.001,000.001,000.001,000.001,000.002,650.002,650.00900.00900.001,500.001,500.0034,125.00
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SECTION I - GENERAL
1. DEFINITIONS
EXHIBIT E: GENERAL CONDITIONS
GENERAL CONDITIONS
CITY OF GOLDEN VALLEY
When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows:
A. "A.S.T.M." means the American Society for Testing Materials.
B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly
authorized representative.
C. "City" means the City of Golden Valley, Minnesota.
D. “Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction.
E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise
specified, includes subcontractors of Contractor.
F. “Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor’s Surety or Sureties as a
guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract.
G. “Contract Price” means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of
the Work under the Contract Documents and is stated in the Agreement.
H. “Contract Time” means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion
of the Work.
I. "Engineer" means the City Engineer, or his/her designee.
J. “Final Completion” means the date certified by the Engineer in accordance with section VII (7).
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K. “Force Account” means the payment method used for extra work if the contractor and the Engineer are unable to negotiate prices for
revised Work.
L. “Force Account Work” means work completed on a Force Account basis.
M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work
performed and the materials furnished by Contractor.
N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials.
O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances.
P. “Proposal” means the proposal for the Work submitted by the Bidder on the Proposal Form.
Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may
also be referred to as the bid.
R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter
into a contract with the City if the Work is awarded to the Bidder.
S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written
agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of
materials to be furnished under the Contract Documents.
T. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and
for its payment of all obligations pertaining to the Work.
U. “Unclassified Work” means all work and materials that are not included under any items in the Proposal and Contract, for which a unit
price has been submitted.
V. The “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and
includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations.
The Work may constitute the whole or a part of the Project.
W. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is
provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized,” "ordered," "given,"
"designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable,” "suitable,"
"unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer.
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2. FAMILIARITY WITH LAWS AND ORDINANCES
Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged
or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the
Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances
are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof.
SECTION II - AWARD AND EXECUTION OF THE CONTRACT
1. CONSIDERATION OF PROPOSALS
Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal
Form, the unit price shall be used to determine the correct total for a bid item.
The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City.
The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City.
2. EXECUTION OF CONTRACT
The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements,
entering into a contract with the City and shall return them to the office of the City Clerk of Golden Valley within ten (10) days after it
has received notice of award.
3. FAILURE TO EXECUTE CONTRACTS
Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as
specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the
award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated
damages.
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SECTION III - SCOPE OF WORK
1. INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The
Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents.
Unless otherwise provided, it is understood that Contractor shall furnish all labor, material, equipment, tools, transportation, necessary
supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other
contract Documents.
The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road,
Golden Valley, Minnesota 55427, and show the location, details and dimensions of the Work. Any deviations from the Contract
Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the
Engineer before such deviations are consummated.
The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office
of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before
submitting Proposals.
2. INCREASED OR DECREASED QUANTITIES OF WORK
The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the
elimination of any one or more items. Such changes shall not invalidate the Contract. If quantities originally contemplated are
materially changed, Contractor shall request a cost adjustment in writing in compliance with the Change Order requirements set forth
in Section 3 herein. Approval of any such cost adjustment shall be at the sole discretion of the Engineer and the Engineer’s decision
shall be final on any and all matters concerning cost adjustment. No payment for changed items shall be made to Contractor until both
parties have signed the Change Order.
Except in the case of minor changes in the Work approved or ordered by the Engineer in accordance with Section III (3)(D), or ordered
by the Engineer in accordance with Section III (3)(C), Contractor may make substitutions only with the consent of the City, after
evaluation and written approval by the Engineer and in accordance with a Change Order.
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3. CHANGES IN THE WORK
A. GENERAL
Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order,
Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Section and elsewhere
in the Contract Documents. A Change Order shall be based upon agreement between the City and Contractor. A Construction Change
Directive may be issued by the Engineer and may or may not be agreed to by Contractor. An order for a minor change in the Work may
be issued by the Engineer alone and shall not involve a change in the Contract Price or Contract Time. Changes in the Work shall be
performed under applicable provisions of the Contract Documents. Contractor shall proceed promptly with changes in the Work, unless
otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work.
B. CHANGE ORDERS
A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon
all of the following:
i. The change in the Work;
ii. The amount of the adjustment, if any, in the Contract Sum; and
iii. The extent of the adjustment, if any, in the Contract Time.
C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK
The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve
an adjustment in the Contract Price or Contract Time. The Engineer’s order for minor changes shall be made in writing. If Contractor
believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the
Engineer and shall not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineer’s order
for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor
waives any adjustment to the Contract Sum or extension of the Contract Time.
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4. UNCLASSIFIED WORK
All work and materials that are not included under any items in the Proposal or Contract Documents and for which a unit price has been
submitted, shall be designated as Unclassified Work.
Before any Unclassified Work is performed, the Engineer shall submit to Contractor for its acceptance, a Change Order stating the location,
nature, estimate of quantities, and basis of payment of work to be performed. When this Change Order has been signed by both parties, it
shall become part of the Contract.
Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or
Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and
payment shall be made on a Force Account basis.
5. CONSTRUCTION CHANGE DIRECTIVES
A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on
adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating
the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions,
the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total
agreement on the terms of a Change Order.
If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in
Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in
accordance with applicable provisions of Section VIII(6).
Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise
the Engineer of Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for
determining the proposed adjustment in the Contract Price or Contract Time. When the City and Contractor agree with a
determination made by the Engineer concerning the adjustments in the Contract Price and Contract Time, or otherwise reach
agreement upon the adjustments, such agreement shall be effective immediately and the Engineer shall prepare a Change Order.
Change Orders may be issued for all or any part of a Construction Change Directive. A Construction Change Directive signed by
Contractor indicates Contractor’s agreement therewith, including adjustment in Contract Price and Contract Time or the method for
determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
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6. FINAL CLEAN-UP
Upon completion of the Work and before acceptance and final payment, Contractor shall remove from the street and adjacent
property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all
property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and
presentable condition subject to the approval of the Engineer.
SECTION IV - CONTROL OF WORK
1. AUTHORITY OF ENGINEER
The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work
performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4)
the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work
performed and materials furnished under the Contract.
2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer.
3. COORDINATION OF PLANS AND SPECIFICATIONS
Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted
to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications.
Any Work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be
completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using
the best class of work or materials.
In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case
of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other
discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon.
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4. COOPERATION BY CONTRACTOR
The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at
the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and
shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory
completion of the Work. Contractor shall have a competent and reliable superintendent acting as Contractor’s representative on the job at all
times. This representative shall supervise all of Contractor’s workforce, including its subcontractors, during all phases and in all aspects of the
Work. All orders from the Engineer shall be directed through the superintendent.
Contractor shall provide a list, as deemed necessary by the Engineer, of emergency contacts, including names and 24-hour telephone
numbers, to the City.
5. CARE AND PROTECTION OF WORK AND MATERIALS
From the commencement of the Work until the final acceptance of the same, Contractor shall be solely responsible for the care of the Work
and for the materials delivered to the site and intended to be used in the Work. All injury or damage to the same from whatever cause, shall
be made good at Contractor’s expense. Contractor shall provide suitable means of protection for and shall protect all materials intended to
be used in the Work and shall provide similar protection for all Work in progress as well as completed Work. Contractor shall at all times take
all necessary precautions to prevent injury or damage to the Work in progress, including but not limited to protection for damage or injury
caused by flood, freezing, or inclement weather of any kind. Only approved methods shall be used for this purpose.
6. AUTHORITY AND DUTY OF INSPECTOR
The Inspector shall be authorized to inspect all Work and materials furnished. Such inspection may extend to all or any part of the Work
and to the preparation or manufacture of the materials to be used. An inspector shall be stationed on the Work to report to the Engineer
as to the progress of the Work and the manner in which it is being performed. The Inspector shall also report to the Engineer whenever it
appears that the materials furnished or the Work performed by Contractor fail to fulfill the requirements of the Specifications and
Contract, and shall bring any such failure or other infringement to Contractor’s attention. Such inspection, however, shall not relieve
Contractor from any obligation to perform all of the Work strictly in accordance with the requirements of the Specifications.
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In case of any dispute arising between Contractor and the Inspector as to materials furnished or the manner of performing the Work, the
Inspector shall have the authority to reject materials or suspend the Work until the questions at issue can be referred to and decided by
the Engineer. If Contractor uses rejected materials or fails to suspend the Work, all Work performed by Contractor under such suspension
or rejection shall be considered unauthorized work and subject to rejection or replacement by Contractor at Contractor’s expense. The
Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or
accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as
foreman or perform other duties for Contractor, nor shall the Inspector interfere with the management of the Work by Contractor.
Any advice that the Inspector may give to Contractor shall in no way be construed as binding upon the City in any way, nor shall any
such advise release Contractor from fulfillment of the terms of the Contract.
7. INSPECTION
The Engineer or the Engineer’s representative shall be allowed access to all parts of the Work at all times and shall be furnished such
information and assistance by Contractor as may be required to make a complete and detailed inspection. Such inspection may include
mill, plant, or shop inspection of materials and workmanship.
8. AUTHORIZED WORK
Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein
provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor
and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor's expense.
9. DEFECTIVE WORK
All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the
Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or
failing to conform to the requirements of the Contract Documents, discovered before Final Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and
replacement, and compensation for the Engineer’s services and expenses made necessary thereby, shall be at Contractor’s expense.
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Should Contractor fail or refuse to remove or renew any defective Work, or to make any necessary repairs in an acceptable manner and in
accordance with the requirements of the Contract Documents within the time indicated by the City, the Engineer shall have the authority
to cause the unacceptable or defective Work to be removed and renewed or repaired at Contractor's expense. Any expense incurred by
the City in making these removals, renewals or repairs, which Contractor has failed or refused to make, shall be paid for out of any monies
due or which become due Contractor, or may be charged against the Contract Bonds. Continued failure or refusal on the part of
Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the City, at its
option, to purchase materials, tools and equipment, and employ labor or to contract with any other individual, firm or corporation, to
perform the Work. All costs and expenses so incurred shall be charged against Contractor and the amount thereof deducted from any
monies due or which may become due to Contractor under this Contract, or shall be charged against the Contract Bonds. Any work
performed, as described in this section, shall not relieve Contractor in any way from its responsibility to perform the Work.
The City shall also have authority to take over and use defective Work without compensation to Contractor, when Contractor fails or
refuses to rebuild such defective Work.
10. FINAL INSPECTION
The Engineer will make final inspection of all Work, and any portion thereof, as soon as practicable after notification by Contractor that
such Work is nearing completion. If the inspected Work is not acceptable to the Engineer at the time of the Engineer’s inspection, the
Engineer shall advise Contractor in writing as to the particular defects to be remedied. If, within a period of ten (10) days after such
notification, Contractor has not taken steps to speedily complete the Work as directed, the Engineer may, without further notice and
without in any way impairing the Contract, make such other arrangements as the Engineer may deem necessary to have such Work
completed in a satisfactory manner. The cost of completing such Work shall be deducted from any monies due, or which may become
due Contractor on the Contract. Upon final acceptance of all the Work the Engineer shall issue a “Certificate of Final Completion”
pursuant to Section VII (6) herein. The date of Final Completion of the Contract shall be the date on the Certificate of Performance.
11. GUARANTEE
In addition to Contractor’s obligations under Section IV paragraph 9, if, within one year after the date of Final Completion of the Work,
or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance
with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of notice from the City to do so,
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unless the City has previously given Contractor a written acceptance of such condition. The City shall give such notice promptly after
discovery of the condition. During the one-year period for correction of Work, if the City fails to notify Contractor and give Contractor
an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of
warranty. If Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the
City, the City may correct the Work at Contractor’s expense.
The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion
by the period of time between Final Completion 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.
12. FOSSILS
If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and
sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the
City.
SECTION V - CONTROL OF MATERIALS
1. SOURCE AND QUALITY OF MATERIALS
The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source
of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the
requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the
written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition
and manufacturer of any or all materials required in the Work, or to submit sample of the same.
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2. STANDARD STOCK PRODUCTS
All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock
products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be
accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength,
durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall
be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied.
3. TESTS OF MATERIALS
When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor
shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by
the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor
shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable
amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements
from non-City funding sources.
4. STORAGE
Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though
approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to
incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from
injury.
The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and
for the placing of Contractor's plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided
by Contractor at his expense.
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5. DEFECTIVE MATERIALS
All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials,
whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the
Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the
Engineer’s written approval has been given.
6. FAILURE TO REMOVE DEFECTIVE MATERIALS
Should Contractor fail or refuse to remove and renew any defective materials within the time indicated in writing, the Engineer shall
have the authority to cause the unacceptable or defective materials to be removed and renewed at Contractor's expense. Any expense
incurred by the City in making these removals or renewals, which Contractor has failed or refused to make, shall be paid for out of any
monies due or which may become due Contractor under this Contract, or may be charged against the "Contract Bond" deposited.
SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
1. LAWS TO BE OBSERVED
Contractor shall observe and comply with all laws, ordinances, regulations and decrees which may, at any time or in any manner, affect
the equipment or materials used at the Project, the conduct of the Work or those employed to complete the Work. No plea of
misunderstanding will be considered on account of the ignorance thereof.
Contractor further agrees that in connection with the employment and hiring of the labor necessary for the performance of the Work,
or any subcontract hereunder, Contractor will not discriminate against any person or persons contrary to the provisions of Minnesota
Statutes 181.9, which is hereby incorporated by reference.
Contractor and Contractor’s Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any
claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by himself or his
employees.
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If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector
which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its
inconsistency to the Engineer in writing.
2. PERMITS AND LICENSES
Contractor shall procure all permits and licenses as required in the Contract documents, pay all charges and fees and give all notices
necessary and incidental to the due and lawful prosecution of the Work.
3. PATENTED DEVICES, MATERIALS AND PROCESSES
If the Contract requires, or Contractor desires the use of any design, device, material or process covered by letter, patent or copyright,
trademark or trade name, Contractor shall provide for such use by suitable legal agreement with the patentee or owner allowing use of
such design, devise, material or process in the Work. A copy of said agreement shall be filed with the City. If no such agreement is made
or filed as noted, Contractor and Contractor’s Surety shall indemnify and save harmless the City from any and all claims for infringement
by reason of the use of any such patented design, device, material or process, or any trademark or trade name or copyright in connection
with the Work agreed to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it
may be obliged to pay, including costs, expense and attorneys’ fees incident to litigation by reason of any such infringement at any time
during the prosecution or after the completion of the Work.
4. SANITARY PROVISIONS
Contractor shall observe and comply with all laws, rules and regulations of the State and Local Health Authorities and shall take such
precautions as are necessary to avoid creating unsanitary conditions.
Contractor shall provide and maintain suitable sanitary conveniences for the use of all persons employed on the Project. Such facilities
shall be properly screened from public observation, in sufficient numbers, in such manner and at such points as shall be approved by the
Engineer. Contractor shall rigorously prohibit committance of nuisances within, on or about the Work. Any employee found violating
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these provisions shall be discharged and not again employed on the Work without the written consent of the Engineer. Contractor shall
supply sufficient drinking water to all of the work force employed, but only from such sources as shall be approved by the Engineer.
Contractor shall also obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious disease
as may be deemed necessary by the Engineer.
5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS
Where the Work is carried on in or adjacent to any street, alley or public place, Contractor shall, at Contractor’s own cost and expense,
furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the
protection of persons and property and of the Work as is necessary or required by the Contract Documents. Excavations in or adjacent
to public streets or alley in which water stands more than one (1) foot deep or where banks of the excavation are subject to collapse or
cave-in shall be securely barricaded with snow fence so as to prevent access by children and adults during the period when work is not
being carried on at the site of excavation. Barricades shall be painted in a color and reflectorized in accordance with the provisions of
the most current version of the Minnesota Manual of Uniform Traffic Control Devices (“MMUTCD”).
From sunset to sunrise, Contractor shall furnish and maintain at least two (2) flashing lights at each barricade. A sufficient number of
barricades shall be erected to keep vehicles from being driven on or into any of the Work and to warn pedestrians and children of the
existence of the excavation at all open points. When a detour is necessary because a street is blocked by the Work, the Engineer shall
designate its route and Contractor shall furnish and post detour signs at places designated approved by the Engineer. All signs shall be
in accordance with the most current version of the MMUTCD and appendices.
Contractor shall be responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and whenever
evidence of such damage is found, the Engineer may order the damaged portion immediately removed and replaced by Contractor at
Contractor’s expense. Contractor's responsibility for the maintenance of barricades, signs and lights, and for providing the watchmen,
shall not cease until the project has been accepted by the City.
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6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES
On all Work, Contractor shall provide and maintain free access to gas valves, manholes and similar facilities. Contractor shall also
provide and maintain free access to all fire hydrants, gate valves, manholes, and appurtenant equipment of the City’s water distribution
and sanitary sewer systems.
Contractor shall provide for the flow of all water courses, storm sewers and storm drains, and shall keep all gutters and waterways
open or make other provisions for the free removal of storm water. Contractor shall be liable for any damages or costs incurred by the
City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to
indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding.
7. SITES TO BE KEPT CLEAN
Contractor shall clean and keep clean from waste materials or refuse resulting from his operations, the streets, the Work and public
property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises
maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project.
8. NOISE ELIMINATION
Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers,
and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the Engineer.
9. USE OF EXPLOSIVES
If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances
and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground
structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by
persons by reason of the use of explosives in Contractor’s operations. Explosives shall be handled, used and fired only by experienced
personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All
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such storage places shall be marked clearly, "DANGEROUS – EXPLOSIVES." Caps or other exploders shall not be stored at the place
where dynamite or other explosives are stored.
10. PROTECTION AND RESTORATION OF PROPERTY
Where the Work passes over or through private property, the City shall secure a license, right of entry, right-of-way agreement or
easement. Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in
obtaining right-of-way or easement access. Contractor shall not enter upon private property for any purpose without obtaining written
permission from the property owner. Contractor shall, at Contractor’s own expense, protect and restore any public or private property
damaged or injured in consequence of any act or omission on Contractor’s part or on the part of Contractor’s employees or
subcontractors, to a condition equal to or better than that existing before such damage or injury occurred. If Contractor neglects to
restore or make good such damage or injury, the Engineer may, upon forty-eight (48) hours’ notice, proceed to restore or make good
such damage or injury and to order the cost thereof deducted from any monies that are or may come due to Contractor.
Contractor shall restore at Contractor’s own expense all parks, streets, alleys, roads, or public highways, and the public structures and
improvements which may occupy such parks, streets, roads, alleys, or public highways, including but not limited to water mains, water
connections and appurtenances, sewer, manholes, catch basins, and sewer connections, ornamental light poles, and cables. All
persons, firms, trustees, and corporations having buildings, structures, works, conduits, mains, pipes, tracks, poles, wires, cables, ducts,
or other physical structures and improvements in, over, or under the public lands, streets, roads, alleys, or highways, shall be notified
by the City to shift, adjust, accommodate or remove any such interfering works so as to comply reasonably with the requirements of
construction. Thereafter, Contractor shall be responsible for all just and proper claims for damages caused to or on account of such
interference or removal, and shall at Contractor’s own cost and expense reimburse such persons, firms, trustees and corporations all
just and proper claim for such removal and replacement or repair.
Contractor shall include the cost of such interference, removal and replacement in the various affected unit and lump sum prices, and
no separate payment will be made to Contractor for any cost involved by reason of any causes or situations arising from such
interference, removal or replacement.
Land monuments shall not be moved or otherwise disturbed except as may be directed by the Engineer.
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11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES
Prior to construction, Contractor shall obtain field locations or other assistance as may be required to determine the existence and location
of gas mains and other private utilities, as well as public utilities of the City, County or State, which may be underground or overhead
within street and highway rights-of-way or within easements and which may be interfered with by the Work.
Existing underground, surface or overhead structures are not necessarily shown on the Plans, and those shown are only correct to the
level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does
not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility
location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations
as are necessary to determine the extent to which existing structures may interfere with the Work prior to submitting its Proposal. The
sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximate and Contractor shall satisfy
itself as to the accuracy of the information given.
Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the
omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of
Contractor’s failure to properly protect and maintain such structures.
Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain
their operation during the Work. Contractor shall restore, at his expense, any public structures such as, including but not limited to,
water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are
damaged or injured in any way by Contractor’s acts or the acts of its employees, agents or subcontractors.
Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys’ fees and costs,
brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables
or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor
during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with
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a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall
provide for such relocation, to the extent allowed under the permit or applicable law.
12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES
All existing overhead, surface or sub-surface structures, together with all appurtenances and service connections except those
otherwise provided for herein, encountered or affected in any way during Work shall be maintained in service at all times unless other
arrangements satisfactory to the agencies responsible for such utility are made. The cost of this work shall be included in the price paid
under the items applicable thereto and there shall be no separate payment for it.
13. RAILWAY AND HIGHWAY CROSSINGS
Where the Work encroaches upon any right-of-way of any railway, State or County Highway, the City shall make application for the
necessary easement or permit for the Work. Where railway tracks or highways are to be crossed, Contractor shall observe all regulations
and instructions of the railway company and Highway Department and other applicable federal, state or local regulations as to methods of
doing the Work, or precautions for safety of property and the public. Contractor will not be paid compensation for such railway or highway
crossing applications or regulations unless otherwise provided for in the Proposal or other Contract Documents.
14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its agents and employees from and
against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance
of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Contractor, a Subcontractor,
anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim,
damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section or any
other obligations of indemnity under the Contract Documents.
In claims against any person or entity indemnified under this Section by an employee of Contractor, a Subcontractor, anyone directly or
indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not
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be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor
under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
15. CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance, the Work and all materials shall be under Contractor’s charge and care, and Contractor shall take every reasonable
precaution against injury or damage to the Work or to any part thereof by the action of the elements or from any other cause
whatsoever. Contractor shall rebuild, repair, restore and make good, at Contractor’s own expense, all injuries or damages to any
portion of the Work occasioned by any of the above causes before its completion and acceptance.
16. NO WAIVER OF LEGAL RIGHTS
Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and
not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the
City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act
constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing.
17. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION
Contractor shall observe and comply with all requirements of the Engineer as to the safety of the workforce to be employed on the
Project. Contractor shall also comply with all safety measures recommended or required by any governmental agency, including the
Department of Labor and Industry and the Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Workmen's Compensation Act and any amendments thereto.
Contractor shall be responsible for all safety issues on the Project. Contractor must, however, comply with all orders from the City for
implementing any additional requirements relating to safety concerns.
18. REQUIREMENTS OF CONTRACT BOND
The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient
PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the
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City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be
acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party.
Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon
request. All claims on Contractor’s Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574.
19. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
Contractor shall purchase and maintain, at Contractor’s own cost and expense, insurance of the types and limits of liability, containing
endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to
property damage and public liability coverage. The City shall be named as an additional insured under Contractor’s policies of
insurance.
The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal
injury claims.
Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the
City has approved Contractor’s insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the
term of the Contract.
Policy Requirements
i. Worker’s Compensation Insurance:
a. Statutory Compensation Coverage
b. Coverage B – Employer’s Liability with limits of not less than:
1. $100,000 Bodily Injury per Disease per Employee
2. $500,000 Bodily Injury per Disease Aggregate
3. $100,000 Bodily Injury by Accident
ii. Automobile Liability Insurance:
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a. Minimum Limits of Liability:
1. $1,500,000 – Per Occurrence – Bodily Injury and Property Damage Combined Single Limit
b. Coverages:
X Owned Automobile, if any
X Non-Owned Automobile
X Hired Automobile
X City of Golden Valley named as Additional Insured
iii. General Liability Insurance:
a. Minimum Limits of Liability:
1. $1,500,000 – Per Occurrence
2. $3,000,000 – Annual Aggregate
b. Coverages:
X Bodily Injury
X Property Damage
X Personal Injury
X Blanket Contractual
X City of Golden Valley named as Additional Insured
iv. Professional Liability/Miscellaneous Liability Insurance:
Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract
coverage shall continue for a minimum of five (5) years.
a. Minimum limit of liability of $2,000,000 per occurrence
b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement)
c. If Claims-Made, please complete the following:
If prior acts coverage is restricted, advise the retroactive date of coverage: .
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Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out
of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or coverage
or other material change.
Contractor is responsible for payment of insurance deductibles. If Contractor is self-insured, a Certification of Self-Insurance must be
attached.
Insurance companies must have an “AM Best” rating of A-, class V or better, and be authorized to do business in the State of Minnesota
and must be satisfactory to the City.
Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated,
except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount proportionate
to their respective subcontracts, but such amounts shall be satisfactory to the Engineer.
20. WORKER’S COMPENSATION INSURANCE
Contractor shall furnish Workmen's Compensation Insurance for its employees, and must comply with all Workmen's Compensation
Laws for the state of Minnesota. The insurance company or companies, or the manner in which the compensation insurance is carried,
must be satisfactory to the City and to the Minnesota Industrial Commission. The cost of Workmen's Compensation Insurance shall be
included in all lump sum and unit cost items under this Contract.
21. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE
CITY OF GOLDEN VALLEY AND OTHERS
Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of
Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage
distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden
Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this
Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or
conditions imposed upon the City.
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SECTION VII - PROSECUTION AND PROGRESS
1. SUBLETTING OR ASSIGNMENT OF CONTRACT
Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of
Contractor’s right, title or interest therein, to any person, firm or corporation without the written consent of the City and Contractor's
Surety, and such consent shall not relieve Contractor in any way of full responsibility for the performance of this Contract.
Contractor shall include a list of subcontractors with the Proposal. The City reserves the right to reject any or all of the subcontractors.
2. PROSECUTION OF WORK
All dealings of the City will be with Contractor. No work shall be started until the Contract has been executed and written notice to
proceed has been given to Contractor.
Definite notice of intention to start work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time
shall be within ten (10) calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be
taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of the
City. The official completion date shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued
temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming
operations and shall not resume operations until it receives written approval from the Engineer.
Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends
to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor's work force.
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The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the
Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to
place in operation such additional force and equipment as are deemed necessary by the Engineer.
3. LIMITATIONS OF OPERATIONS
In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these
Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved
in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer
shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any
of the parties.
4. CHARACTER OF WORKERS AND EQUIPMENT
Contractor shall employ such superintendents, foreperson and workers as are careful and competent, and the Engineer may demand in
writing the dismissal of any person or persons employed by Contractor in, about or upon the Work, who engages in misconduct, or who
is incompetent or negligent or refuses to comply with the direction given. Any such person or persons shall not be employed again at the
Project without the written consent of the Engineer. Should Contractor continue to employ such person or persons at the Project, the
City may withhold all payments which are or may become due, or the Engineer may suspend the Work until the offending persons are
dismissed. Contractor shall not employ any minors, as defined by the Minnesota Worker’s Compensation Act, on the Project.
Contractor shall keep on the Project, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
the Engineer. The Superintendent shall meet all requirements contained in the Contract Documents, including but not limited to those
enumerated in Section 10 of the Special Conditions, and shall not be changed except with the consent of the Engineer, unless the
superintendent proves unsatisfactory to Contractor and ceases to be in Contractor’s employ. The superintendent shall represent
Contractor in all matters and have the authority to obtain equipment and manpower as needed to complete the Work. All directions
given to the superintendent shall be as binding as if they were given to Contractor.
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All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of
sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of
work.
When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will
satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing
its capacity shall be made except by written permission of the Engineer.
The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide
adequate equipment may result in the annulment of the Contract as hereinafter provided.
5. CONTRACTOR'S RIGHT TO REQUEST CHANGES
If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by
the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the
Engineer in writing of Contractor’s concerns. If no objection is raised by Contractor under the provisions of this paragraph, Contractor
waives any right to contest the provisions of the Contract on the basis of faulty engineering or design.
6. TEMPORARY SUSPENSION OF WORK
The Engineer shall have the authority to suspend the Work, wholly or in part, for such a period or periods as the Engineer may deem necessary due
to conditions considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to failure on the part of Contractor
to carry out orders or perform any or all provisions of the Contract. If the Engineer directs Contractor in writing to suspend the Work, Contractor shall
store all materials and equipment in such a way as to not obstruct or impede public travel or work on adjacent contracts. Contractor shall not suspend
the Work without written authority from the Engineer.
7. FINAL COMPLETION
Final Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with
the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.
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When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is complete, Contractor shall prepare
and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list
does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents.
Upon receipt of Contractor’s list, the Engineer or the Inspector shall inspect the Work to determine whether it is complete. If the inspection
discloses any item, whether or not included on Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that
the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Final
Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine
Final Completion.
When the Work or designated portion thereof is complete, the Engineer will prepare a Certificate of Final Completion that shall establish the date
of Final Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time
within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence
on the date of Final Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Final Completion.
The Certificate of Final Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in
the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated
portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION
Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract.
If Contractor finds that it will be impossible to complete the Work on or before the date of completion as set forth in the Contract or as
previously extended, Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of
time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City
finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or that the quantities of the
Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time, the City may, in its sole
discretion, grant an extension of time for the completion to such date as may seem reasonable and proper.
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In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time,
including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work,
materials and equipment and make final settlement of costs incurred as provided for in Paragraph 7 below, except that it shall not be
necessary to give Contractor written ten (10) days’ notice for such forfeiture.
9. FAILURE TO COMPLETE WORK ON TIME
Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the
City may permit Contractor to proceed and in such case there shall be deducted from any monies due or that may become due
Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated
damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by
an alternate contractor.
Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract
Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights under the Contract.
Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover
liquidated damages from Contractor or Contractor’s Surety for failure to complete the Contract.
10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT
In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in
default of the whole or any part of the Work if:
1) Contractor becomes insolvent;
2) Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota;
3) A voluntary or involuntary petition in bankruptcy be filed by or against Contractor;
4) Contractor fails to commence work when notified to do so by the Engineer;
5) Contractor shall abandon the Work;
6) Contractor shall refuse to proceed with the Work when and as directed by the Engineer;
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7) Contractor shall, without just cause, reduce his working force to a number which, if maintained would be insufficient, in the
opinion of the Engineer, to complete the Work in accordance with the approved progress schedule, and shall fail or refuse to
sufficiently increase such working force when ordered to so by the Engineer;
8) Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified;
9) A receiver or receivers are appointed to take charge of Contractor's property or affairs;
10) The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the
provisions of this Contract;
11) The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the
performance and completion of the Work, or the award of a necessary subcontract or the placing of necessary material or
equipment orders;
12) The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all
agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the
Engineer's opinion, attributable to conditions within Contractor's control;
13) The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance
with its terms; or
14) The Work is not completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract
Time.
Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7,
10-13, or 14, it shall give Contractor an opportunity to be heard, on two days’ notice, at which hearing Contractor may have a
stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City.
The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice,
signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall
immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant,
materials, equipment, tools and supplies then on the site.
11. COMPLETION OF THE WORK AFTER DEFAULT
The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with
or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor's plant, materials,
equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable.
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After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost
of re-letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the
Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the
Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual
completion of the Work. Such certificate shall be binding and conclusive upon Contractor, Contractor’s Sureties, and any person claiming
under Contractor, as to the amount thereof.
The expense of such completion, as so certified by the Engineer shall be charged against and deducted out of such monies as would
have been payable to Contractor if it had completed the Work; the balance of such monies, if any, subject to the other provisions of
this Contract, to be paid to Contractor without interest after such completion. Should the expense of such completion exceed the total
sum which would have been payable under this Contract if the same had been completed by Contractor, any such excess shall be paid
by Contractor to the City upon demand. If Contractor fails to pay the City promptly for such excess costs, the City may at its discretion
submit a claim to Contractor’s Surety for such reimbursements.
12. PARTIAL DEFAULT
In case the City shall declare Contractor in default as to a part of the Work only, Contractor shall discontinue such part, shall continue
performing the remainder of the Work in strict conformity with the terms of the Contract, and shall in no way hinder or interfere with any
other contractors or persons whom the City may engage to complete the Work as to which Contractor was declared in default.
The provisions of the clauses herein relating to declaring Contractor in default as to the entire Work shall be equally applicable to a
declaration of partial default, except that the City shall be entitled to utilize for completion of the Work as to which Contractor was
declared in default only such plant, materials, equipment, tools and supplies as had been previously used by Contractor on such part.
13. TERMINATION OF CONTRACTOR'S RESPONSIBILITY
Except as otherwise provided for in these Specifications and in Contractor’s bond, Contractor’s responsibility for all Work and materials under this
Contract shall continue until the expiration date of the warranty. The warranty shall commence on the date of Final Completion.
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SECTION VIII - MEASUREMENT AND PAYMENT
1. MEASUREMENT OF QUANTITIES
Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S.
Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work
performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of
length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as
hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the
computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the City’s computer
aided drafting system shall be used as the method of measurement.
2. SCOPE OF PAYMENT
Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools,
equipment, royalties, fees, insurance, permits, bonds, etc., and for performing all Work contemplated and embraced under the
Contract, also for all loss or damage arising out of the nature of the Work, or from the action of the elements, the expiration of the
warranty to the City, and for all risks connected with the prosecution of the Work, also for all expenses incurred by, or in consequence
of the suspension or discontinuance of said prosecution of the Work as herein specified, and for completing all of the Work embraced
in the Contract.
3. WORK COVERED BY CONTRACT PRICE
Contractor shall, under Contractor’s contract unit prices, furnish and pay for, all material and incidental work, furnish all accessories,
and do everything which may be necessary to carry out the Contract in good faith, which contemplates everything completed, in good
working order, of good material, with good and accurate workmanship.
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4. BASIS OF PAYMENT
Where Work is to be paid by linear, area, volume, mass, or by each individual units Contractor’s cost for all materials, labor, tools and equipment
required to complete the Work, notwithstanding that while the Work may not be fully shown on the drawings, it may be described in the Specifications
and vice-versa.
5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES
Whenever the quantity of any item of Work as given in the Proposal shall be increased or decreased, payment for such item of Work
will be made on the basis of the actual quantity completed at the unit price for such item named in the Proposal, except as otherwise
provided in Section III - Paragraph 2, and in the detail Specifications for each class of Work.
6. CLAIMS AND PROTESTS
i. General
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract
Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in
question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall
rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in
accordance with the Contract Documents.
ii. Time Limit on Claims
The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the
Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within
the period specified by applicable law, but in any case not more than one year after the date of Final Completion of the Work. The
City and Contractor waive all Claims and causes of action not commenced in accordance with this Section.
iii. Notice of Claims
Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after
occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should
have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed
waived.
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iv. Continuing Contract Performance
Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of
the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and
Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in
accordance with this section.
v. Claims for Additional Cost
If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1C above shall be given
before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating
to an emergency endangering life or property.
vi. Claims for Additional Time
If Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Subsection C above shall be given.
Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a
continuing delay, only one Claim is necessary. If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been
reasonably anticipated, and had an adverse effect on the scheduled construction.
vii. Mediation
Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in
the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The parties shall
endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties.
A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety
(90) days from the date the request for mediation was delivered to the other party. The parties shall share the mediator’s fee and
any filing fees equally. The mediation shall be held in Hennepin County, Minnesota, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
7. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK
Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account
Work shall be paid for in the following manner:
i. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and
every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which
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cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or
overhead expense.
ii. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original
receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for
use on Unclassified Work but are taken from Contractor's stock, Contractor shall submit an affidavit of the quantity, price and
freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer.
iii. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use,
Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every
hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such
rental price shall not exceed the rates established by the A.G.C. for this district.
The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account
and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general
expense, overhead, and the use of small tools and equipment for which no rental is allowed.
Contractor or Contractor’s representative and the Engineer or the Engineer’s representative shall compare records of Force Account
Work at the end of each day. Copies of these records shall be made in triplicate on Force Account forms, provided for this purpose by
the Engineer and signed by both parties. To all such claims for Force Account Work, Contractor shall attach receipted bills for, or
affidavit of, materials used and freight receipts covering freight on such materials used, and said claims shall be presented to the
Engineer for payment not later than the twentieth (20th) day of the month following that in which the Work was actually performed
and shall include all labor charges and material charges insofar as they can be verified.
Should Contractor refuse or fail to prosecute such Unclassified Work as directed, or to submit this claim as required, the City may
withhold payment of all current estimates until Contractor's refusal or failure is eliminated, or, after giving Contractor due notice, the
City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed.
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8. PARTIAL PAYMENTS
Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of
ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further,
however, that when ninety-five (95) percent or more of the Work is completed, the City Council in its sole discretion may determine
that something less than five (5) percent need be retained to protect the City's interest in satisfactory completion of the Contract.
Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for
which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5)
percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on
the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract.
The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work.
Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after
receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to
subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall
pay interest of one and one-half percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest
penalty payment of ten dollars ($10).
No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be
obtained by Contractor. Any such release may be optional with the City.
9. FINAL PAYMENT
Upon completion of the Work and its acceptance by the Engineer, the Engineer will prepare a final estimate containing complete
quantities of each and every item of Work performed by Contractor, and the value thereof.
Upon acceptance of said final estimate by Contractor, the Engineer will certify as to the completion and his acceptance of the Work, and to
the entire amount and value of each and every item of Work performed in accordance with the terms on the Contract. Unless, otherwise
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provided, the City Engineer will then certify to the City Finance Director the Engineer's Certificate and Final Estimate for Final Payment and
will notify Contractor and Contractor’s Surety or Sureties of the acceptance of the Work. The action of the City by which Contractor is to be
bound and the Contract concluded according to the terms thereof, shall be evidenced by the aforesaid Certificate and Final Payment. All
prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final
payment.
10. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX
Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such
other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily
secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover
all lienable claims unpaid.
Before final payment is made for the Work on this project, 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 this project.
Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 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.
85
EXHIBIT F: QUOTE SUBMITTAL CHECKLIST
Prospective Contractors shall complete and submit this checklist.
Items listed are mandatory (unless noted otherwise). Please include an electronic file (formatted in
Microsoft Word or comparable alternative) and email to Sue Schwalbe sschwalbe@goldenvalleymn.gov.
Exhibit C: Contractor Questionnaire
Exhibit D: Completed Proposal Form/Contract Price
Additional Labor Rates Form (rate schedule for additional labor, equipment, and materials)
Proof of ability to provide insurance
List and description of all services provided by subcontractors
Contact information for inquiries about this quote submittal
Signature Page
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 5. Approve MicroMobility License with Bird Rides, Inc.
Prepared By
Marc Nevinski, Physical Development Director
Summary
Since 2018, the City of Golden Valley has allowed shared mobility companies to rent dockless bikes and
scooters to residents and visitors. In 2018, the City entered into an agreement with Lime to deploy a fleet
of dockless bicycles around the City. In 2019, the City adopted an ordinance regulating shared mobility
activity and requiring operators to obtain a license. That year, Spin deployed approximately fifty scooters.
Due to the pandemic, no licenses were applied for and no bikes or scooters were deployed in Golden Valley
in 2020. In March of 2021, staff sent information and license applications to ten shared mobility
companies. To date, only Bird Rides, Inc. has submitted an application.
The City’s right of way ordinance (Section 24-53) authorizes the use and regulation of micromobility
vehicles and sharing operations within the right of way, including licensing, enforcement and impounding
of vehicles. A license agreement further manages the activities of micromobility vehicles and operators.
Notable provisions of the license include:
• Limiting the maximum number of operators to two
• Limiting the maximum total number of deployed vehicles to 200
• Clear vehicle parking requirements
• Timely response to vehicle complaints and enforcement options
The City’s MicroMobility License application asks applicant to provide information about their operations
with the regard to the following factors:
• Experience – Bird states it has operated in over 130 markets since 2017. Bird will also deploy in
Minneapolis this year.
• Description of Vehicles – Bird describes its vehicles as propriety, state-of-the art, long lasting,
durable, safe, and able to deter theft and misuse.
• Deployment and Placement - Bird proposes to deploy 100 scooters in Golden Valley in May and an
additional 50 scooters in June. Bird states vehicles will be deployed to ensure broad and equitable
coverage in the areas of service., but also states it will consider job and household density, available
transportation options, community input, and infrastructure when considering vehicle placement.
Local staff will rebalance vehicles as needed, and within 24 hours of receiving notice of a problem.
Heat maps will be used to address over concentrations of vehicles and will incentivize in-route users
to park in alternate locations, or to unlock a vehicle in an area with too many vehicles. Geofencing
can be deployed to regulate the use and even speed of vehicles.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
• Pricing and Fees – Bird is proposing user fees of $1 to unlock and $0.39 per minute. They also have
discount plans for certain demographic groups and industry workers, and have provided
information on how to access those plans.
• Safety and Parking – Bird states the City will have access to a dashboard to provide real time data
on vehicle use. Bird states it provides safety information on its vehicles and instructions and other
local information or laws about use, safety and parking. Bird encourages the use of helmets, and
notes its injury rate is less than one percent of its rides. It also notes that is vehicles have never
been recalled or its operating system hacked.
• Maintenance – Bird states that vehicles are sanitized multiple time per day (each Bird Watcher
sanitizes an average of 60 per day), inspected once per day, and are charged and inspected in a
service center once every three days. Damaged vehicles are removed within two hours. A short
COVID response plan is also included in the application. Teams work from 6am to 8pm to inspect,
sanitize, rebalance, recharge or perform maintenance on vehicles.
• Employment and Staffing – Bird states it does not use contract staff in Golden Valley and has a
revenue share agreement with its fleet managers. Training and support are detailed.
• Community Engagement - Bird states it will seek press coverage in Golden Valley and work with the
City to support marketing. Bird also indicates it will work with local businesses to support ridership
and patronage. Businesses, hotels, offices and apartments can host a “Nest” where vehicles are
parked.
• Term of Service and Privacy – Bird does not share personally identifiable information, and uses
industry standard security practices.
• Insurance – Bird has indicated it can provide insurance coverage types and amounts acceptable to
the City and with the City named as an insured. Medical payment coverage, which would be a
benefit to users and included in prior years, is not included in the coverage in 2021. Bird has
indicated such coverage is not available and Minneapolis and St. Paul do not require such coverage.
• Equity – As is the City’s practice, the 2021 application forms were reviewed for equity consideration
prior to publication. Bird’s proposal includes the following:
o Website, call center, and mobile apps are available in 34 languages.
o 50% discount for low income residents, and other groups, and have provided information
on how to obtain the discount.
o A number of alternative payment methods.
o Detail on how to access a scooter without a smartphone.
Staff is recommending approval of Bird’s license application.
Financial Or Budget Considerations
There is no cost to the City to approve a micromobility license. The applicant has paid the $250 licensing
fee. The City does not charge any per trip fees to the licensee.
Recommended Action
Motion to approve MicroMobilty License for Bird Rides, Inc. in a form approved by the City Attorney.
Supporting Documents
• License Agreement with Bird Rides, Inc. (13 pages)
LICENSE AGREEMENT
MICROMOBILITY VEHICLE SHARING OPERATIONS
THIS AGREEMENT, made as of the ___ day of May, 2021 by and between the City of
Golden Valley, a Minnesota municipal corporation (the “City”) and Bird Rides, Inc. a Delaware
corporation (herein called “Licensee”) (collectively, the “Parties”).
WHEREAS, the City has adopted an ordinance to facilitate and regulate Micromobility
Vehicle Sharing Operations from the City’s Right-of-Way (the “Ordinance”); and
WHEREAS, the City controls certain public rights of way and recreational trails located
within its municipal boundaries (the “City Right-of-Way”); and
WHEREAS, the City Right-of-Way contemplated by this Agreement does not cover areas
that are not controlled by the City, including but not limited to, all streets, roads, trails, or parkways
owned by the Three Rivers Park District, the Minneapolis Park and Recreation Board, and private
property owners; and
WHEREAS, Licensee owns a fleet of commercial, Micromobility Vehicles intended or
equipped for shared use by paying consumers from right-of-way locations in the City; and
WHEREAS, Licensee’s vehicles are Micromobility Vehicles as defined by the
Ordinance; and
WHEREAS, Licensee’s operation requires use of City Right-of-Way to facilitate the
stationing and parking of Licensee’s Fleet within the City, and it is considered a Micromobility
Vehicle Sharing Operation under the Ordinance (“Licensee’s Operation”); and
WHEREAS, Licensee has submitted a written application to the City for a license to
implement Licensee’s Operation under the provisions of the Ordinance;
WHEREAS, Licensee’s license application is incorporated and incorporated herein by
reference (“Licensee’s Application”); and
WHEREAS, allowing Micromobility Vehicle sharing operations to exist in the City
Right-of-Way is likely to promote the public’s health, safety, and welfare by encouraging efficient
and limited use of traditional motor vehicles, thereby reducing traffic volumes, noise, and air
pollution; and
WHEREAS, the City believes Micromobility Vehicle sharing has the potential to help
achieve the City’s goals around transportation mode share, equitable access, physical and
environmental health, and climate change; and
WHEREAS, the City must balance the benefits of Micromobility Vehicle sharing
operations with its duty to keep streets and sidewalks safe, orderly, and free of unregulated
obstructions and encumbrances; and
WHEREAS, this Agreement is intended to outline the terms and conditions under which
Licensee will be allowed to utilize the City Right-of-Way during the term of this Agreement.
NOW, THEREFORE, for and in consideration of the following terms and
conditions, the parties hereto agree as follows:
ARTICLE I. DEFINITIONS
1. Fleet Vehicle means a Micromobility Vehicle that is used by Licensee as part of Licensee’s
Micromobility Sharing Operation.
2. Furnishing Zone means the section of the sidewalk between the curb and the sidewalk clear
zone in which street furnishings and amenities, such as lighting, benches, newspaper kiosks,
utility poles, tree pits, and bicycle parking are provided.
3. Licensee’s Fleet means all Micromobility Vehicles under Licensee’s control that are intended
or equipped for shared use by paying consumers from the City’s Right-of-Way.
4. Micromobility Vehicle has the meaning given to it in Golden Valley City Code, section 24-
53(a)(3).
5. Micromobility Sharing Operation has the meaning given to it in Golden Valley City Code,
section 24-53(a)(4).
6. Sidewalk Clear Zone means the accessible, primary pedestrian thoroughfare that runs parallel
to the street. The clear zone ensures that pedestrians have a safe, obstruction-free
thoroughfare.
ARTICLE II. USE OF CITY RIGHT-OF-WAY
1. Authorization. In accordance with Golden Valley City Code, section 24-53, the City hereby
grants a revocable, non-exclusive license to Licensee to implement Licensee’s Operation
within the City Right-of-Way during the term of this Agreement, subject to all of the terms
and conditions set forth herein.
This authorization is not a lease or an easement, and shall not be construed to transfer any real
property interest in the City Right-of-Way or other City property.
2. Additional Uses. Licensee expressly understands and agrees that this Agreement does not
grant Licensee or its contactors the ability to exclude, or prohibit others from using, the City
Right-of-Way. Licensee further understands and agrees that the City holds its interest in the
City Right-of-Way in trust for the public, and that the City’s uses, needs, and obligations shall at all times supersede Licensee’s privileges under this Agreement.
ARTICLE III. TERM
The term of this Agreement shall be through January 1, 2022, unless terminated earlier as provided
herein. The License set forth in this Agreement may be revoked or terminated at any time, for any
reason, in the sole discretion of the City upon twenty-four (24) hours written notice by the City to
Licensee. In the event of early termination or revocation, Licensee will be granted a reasonable
period of time in which to collect and remove Licensee’s Micromobility Vehicles, and any other
facilities owned by Licensee, and to restore the City Right-of-Way in accordance with Article VI,
Section 4. The provisions of Article VI, Section 9 herein shall survive revocation or termination
of this Agreement.
ARTICLE IV. TERMS AND CONDITIONS FOR USE OF CITY RIGHT-OF-WAY
Licensee agrees that it will implement Licensee’s Operation in accordance with the following terms and conditions:
1. Fleet size and type
a. Licensee shall deploy and maintain in service a level of Micromobility Vehicles sufficient to satisfy the demand of the City’s residents and visitors. The City may require Licensee to decrease the number of Micromobility Vehicles in its Fleet at any time.
b. A maximum total of 200 Micromobility Vehicles will be authorized by the City under the Ordinance among all licensees. If more than one license is issued by the City, then each permitted licensee shall be limited to an equal number of Micromobility Vehicles to achieve the maximum total number allowed.
c. Notwithstanding Sections 1(a) and 1(b), the City reserves the right to unilaterally limit or reduce the maximum number of Micromobility Vehicles in Licensee’s Fleet allowed under the Ordinance and this Agreement. If such reduction is related to noncompliance issues governed by this Agreement, then an equivalent reduction may not be applied to separately licensed third parties.
d. The City will notify Licensee of any increases or decreases applicable to Licensee’s Fleet under this section by sending written or emailed notice under Article VI, Section 15 herein. Such increases or decreases shall not require an amendment to this Agreement.
e. Licensee shall distribute its Fleet throughout the City in a manner that accounts for citizen demand and is consistent with the parking requirements of Article IV, Section 3 herein. Licensee shall not deploy Micrombility Vehicles at inappropriate densities and shall monitor its Fleet density at least once every day and relocate vehicles as needed to comply with these density requirements.
2. Fleet Scooter equipment, maintenance, and safety requirements
a. Licensee’s Fleet shall be equipped with equipment meeting all specifications,
including but not limited to brakes, reflectors, and lighting as set forth in Minnesota State Statute 169.225.
b. Licensee’s Fleet shall be disinfected following CDC COVID-19 guidelines for
cleaning and disinfecting porous and non-porous surfaces.
c. Licensee’s Fleet must be certified as safe to operate under any applicable standard by Underwriters Laboratories, or an equivalent safety rating.
d. Licensee’s Fleet shall have a unique identifier clearly displayed on each device in the
form of numbers or letters for the purposes of conveying or documenting parking or
safety complaints, and for auditing the quantity and type of devices in Licensee’s Fleet.
e. Licensee shall provide a comprehensive inventory of Licensee’s Fleet, including
model, type, and unique identifier to the City. Such inventory shall be proactively
updated by the Licensee within five (5) business days, if or when vehicles are added or removed from Licensee’s Fleet.
f. All vehicles in Licensee’s Fleet shall be equipped with both: a) a locking mechanism
to prevent theft; and b) an operable mechanism to provide real-time location when a
device is parked.
g. Licensee shall remain responsible for the maintenance of each vehicle in Licensee’s
Fleet, including but not limited to technology mechanisms, and locking systems.
h. Each vehicle in Licensee’s Fleet must visibly display Licensee’s logo or business
name on both sides of the vehicle, together with a customer service phone number staffed from at least 7am-10pm on days Licensee’s Fleet is in service on City Right-
of-Way. Licensee’s customer service line shall accept voicemail at all other times to
report parking or operational complaints, and safety or maintenance concerns.
i. Licensee shall proactively remove any and all inoperable or unsafe vehicles from Licensee’s Fleet within 12 hours of the initial onset of such condition.
j. Licensee agrees that it will maintain a multilingual website and mobile application
which shall be available to the general public 24 hours per day, 7 days per week,
including certain languages as specified by the City.
k. Licensee’s website and mobile application must be fully accessible to persons with
disabilities and accessible to screen readers, and all aspects of Licensee’s Operation
must comply with Section 508 of the United States Workforce Rehabilitation Act of
1973.
l. Licensee agrees that it will provide all users of Licensee’s Fleet of with a summary of
instructions and laws regarding motorized foot scooter riding, parking, and operations
including those set forth in Golden Valley City Code Section 26-4, Minnesota State
Statute 169.225, and any other law or regulatory provision applicable to the operation or parking of Micromobility Vehicles.
m. Licensee agrees that it will either require or recommend the use of helmets to all users
of Licensee’s Fleet.
n. Licensee agrees that it will either require or recommend all users of Licensee’s Fleet sanitize Micromobility Vehicles before and after use.
o. Licensee will keep and maintain a comprehensive and complete record of all
Micromobility Vehicle collision reports received by Licensee or its contractor(s)
during the term of this Agreement. The record shall include day, time and location. A copy of such record shall be provided to the City within two (2) business days of a
written or emailed request.
p. If the City determines, in its sole discretion, that any of Licensee’s consumers or
customers have failed to comply with applicable laws governing the safe operation or parking of Licensee’s vehicles, including but not limited to, breach of any current or
future laws governing driver’s license requirements, the use of helmets, operation on
sidewalks, or parking requirements, or have otherwise demonstrated a threat to public
health, safety, or welfare, such determination shall be grounds for termination of this Agreement.
3. Fleet Scooter Parking. All devices in Licensee’s Fleet shall comply with the following parking
rules and restrictions when located in the City Right-of-Way:
a. Fleet Vehicles must be parked upright and stabilized when not in use.
b. Sidewalk parking shall be limited to areas within the Furnishing Zone, outside the
pedestrian path of travel.
c. Fleet Vehicles must not be parked in any location or manner that will impede normal and reasonable pedestrian traffic or access to:
i. Pedestrian ramps
ii. Building/property entrances
iii. Driveways iv. Loading zones
v. Disability parking and transfer zones
vi. Transit stops
vii. Crosswalks viii. Parklets
ix. Street/sidewalk cafes
x. Other street furnishings (benches, parking meters, etc.)
xi. Underground utility, sewer, or water facilities xii. Sidewalk Clear Zones
d. Fleet Vehicles shall not be parked in landscaped areas, traffic islands, in the street, in
a manner that obstructs the sightlines of any intersection, or in any place where they
could pose a safety hazard.
e. The City reserves the right to mandate geofencing specifications to Licensee’s Fleet
in order to prohibit parking/locking Fleet Vehicles in specified areas, or to direct users
to specified designated parking areas. Licensee shall comply with any and all
geofencing requirements within 5 business days of a written or emailed request made by the City. The cost of installing and maintaining geofencing equipment or facilities
shall be borne by Licensee.
f. Licensee will be solely responsible for informing its customers as to parking a Fleet
Vehicle properly.
g. Licensee will undertake proactive, reasonable measures to prevent and deter improper
parking or dumping of Fleet Vehicles on private property or other public property not
owned or controlled by the City.
h. The City in, its sole discretion, may require Licensee to rebalance the distribution of Fleet Vehicles in specified areas of the city if deemed too dense or too sparse.
Licensee will comply with all such requests within 24 hours of receiving notice from
the City.
i. In the event the City imposes a “lock-to” requirement, Licensee agrees to abide by and
implement the requirement within 10 days of receiving notice by the City.
4. Fleet Vehicle Parking Complaints/Enforcement
a. Licensee must provide the City with an up-to-date, direct, local contact for Licensee’s
Operation, as well as an emergency, after-hours contact.
b. Except where the public’s safety and welfare will be unduly compromised, Fleet
Vehicle complaints received by the City shall be referred to Licensee, and Licensee or
Licensee’s authorized representative shall address/respond to all complaints within 24
hours by re-parking or relocating its noncompliant Fleet Vehicles. Licensee alone will be fully responsible for re-parking or relocating Fleet Scooters where a complaint has
been received by the City or Licensee, or where Fleet Scooters are otherwise found to
be in violation of parking rules stated herein.
c. Licensee shall be solely responsible for monitoring Fleet Vehicle parking or dumping on private property, or other public property not owned or controlled by the City, but
the City may impound illegally parked Fleet Vehicles in accordance with City
ordinances. When doing so will not unduly burden the complaining third party, the
City will refer such complaints to Licensee, and Licensee or Licensee’s authorized representative will be provided a limited opportunity to remedy the complaint without
further City involvement.
d. Licensee will be solely responsible to third parties for addressing unauthorized Fleet
Vehicles dumped or left unattended on private property, or on other public property not owned or controlled by the City.
e. Licensee will act swiftly and exercise due diligence in responding to complaints of
unauthorized Fleet Vehicles leaning against, blocking, dumped or left unattended on
private property, or on other public property not owned or controlled by the City.
f. Notwithstanding anything to the contrary herein, if the City determines, in its sole
discretion, that the public’s safety and welfare will be unduly compromised by the
passage of time, the City may take action to remedy any violation or respond to any
complaint at Licensee’s expense. If the City incurs any costs or damages arising out of Fleet Vehicle parking complaints, violations, or other related costs that are not
otherwise recovered with the City’s collection of an impoundment release charge,
Licensee shall reimburse the City for such costs within 30 days of receiving written or
emailed notice.
g. The City may impound any Fleet Vehicle parked in the same location without
movement for more than 7 consecutive days.
h. A per occurrence impoundment fee will be applied to any and all devices owned or
controlled by Licensee as follows:
i. Initial impoundment fee of $56 per device
ii. If not paid for and retrieved by Licensee within 24 hours of impoundment, an
$18 storage fee per device, per day shall be added to the initial impoundment
fee.
i. The City may limit the number of Fleet Vehicles allowed under this Agreement if it
determines that the number of Fleet Vehicle parking violations, third party complaints,
or Licensee’s response to such violations or complaints are unacceptable or
detrimental to public safety, or otherwise create or contribute to a nuisance condition.
j. Licensee expressly understands that the City may impound any and all Fleet Vehicles found by the City to be in violation of applicable laws or the terms of this License
Agreement. Seizure and impoundment of Fleet Vehicles may be exercised by the City
with or without prior notice to Licensee.
k. Any failure by the City to act on the provisions of this section shall not relieve Licensee of any other duty or penalty at equity or law.
5. Data Privacy and Protection
a. Licensee’s Operation shall employ an electronic payment system that is compliant with the Payment Card Industry Data Security Standards (PCI DSS).
b. Licensee has submitted a privacy policy to the City with and as part of Licensee’s
Application (“Licensee’s Privacy Policy”). Licensee’s Privacy Policy shall continue
to expressly limit the collection, storage, or usage of all personally identifiable information.
c. Licensee may not make the personal data of customers available to any third-party
advertiser or other private entity. This provision includes but is not limited to any of
Licensee’s affiliates, owners, or subsidiaries.
d. Licensee shall not institute retroactive changes to customer conditions, terms of use or
Privacy Policy.
e. Licensee’s Privacy Policy must operate to safeguard Licensee’s customers’ personal,
financial, and travel information and usage including, but not limited to, trip origination and destination data. Licensee agrees to make all policies, procedures and
practices regarding Licensee’s data security practices available to the City, upon
request.
f. Licensee must provide its customers with an opportunity to expressly assent to Licensee’s Privacy Policy, terms of service, and user agreements when renting or
transacting for use of any or all of Licensee’s Fleet. Licensee agrees to provide its
customers with the ability or option to decline the sharing of any data that is not
otherwise required to complete the payment transaction. Customer rights with regard to these requirements and options shall be clearly stated and easily accessed by the
customer during each transaction.
g. Licensee agrees that it will not collect or sort personal or individual data related to
race, gender, religion, national origin, age, or sexual orientation.
h. Any and all current or future customer data sharing agreements must be disclosed and
provided to the City. License must further notify the City in advance of any
prospective partnership, acquisition or other data sharing agreement. Licensee may
not engage in or facilitate any inter-app operability or other form of private partnership that includes data acquisition or other data sharing model with any entity if the entity
does not meet the standards set forth herein.
6. Data Collection/Sharing
a. Licensee shall keep a record of maintenance activities, including but not limited to
Fleet Vehicle identification number and maintenance performed. Licensee will
provide a complete copy of the same to the City upon request.
b. Licensee shall provide reports to the City containing, at a minimum, the performance, utilization and service metrics indicated in Exhibit A. Licensee shall provide such
reports at least quarterly and shall cooperate with the City in the collection and analysis
of aggregated data concerning its operations.
c. Licensee shall keep a complete record of all calls and emails received through its customer service hotline and contact email including telephone wait times, email
response times, and the nature of each customer inquiry. Licensee will provide a
complete copy of the same to the City upon request.
d. Licensee agrees that it will provide any and all user or customer data in Licensee’s possession that is directly or indirectly related to active investigations into third party
criminal behavior or claims of civil liability against the City by persons using or riding
a Fleet Vehicle. Notwithstanding any other provision to the contrary, this section (e)
shall be deemed to include personally identifiable customer data.
ARTICLE V. PAYMENT TERMS AND CONDITIONS Licensee shall receive no compensation from the City under this Agreement. Licensee shall pay the City an annual flat charge of $250.00 to offset the City’s administrative costs related to implementation and oversight of this License Agreement.
ARTICLE VI. REPRESENTATIONS AND GENERAL CONDITIONS 1. Ownership and Condition of Right-of-Way. This Agreement shall not be construed to transfer ownership or control of the City’s Right-of-Way to Licensee, or to any other party. The City
makes no representations or warranties concerning the condition of the City Right-of-Way, or its
suitability for use by Licensee, its contractors or customers.
2. Delegation of Police Power. This Agreement does not delegate or otherwise transfer the
City’s police power to regulate Micromobility Vehicles, Licensee’s Operation, or to enforce City
ordinances or other laws, to Licensee, or to any other party. Licensee understands and agrees
that ultimate decisions related to City enforcement against third parties and public compliance
issues, shall remain within the City’s sole discretion.
3. Compliance with Laws. Licensee agrees to comply with all applicable Federal, State, and local
laws as they may be adopted or amended from time to time. Licensee further acknowledges that
its rights hereunder are subject to the lawful exercise of the police power of the City to adopt,
amend, and enforce ordinances, resolutions, and policies designed to promote the safety and
welfare of the public.
4. Removal upon order. Licensee shall remove at once any or all Fleet Vehicles or other property
owned or controlled by Licensee upon being ordered to do so by the City. Licensee shall be
responsible for restoring the City Right-of-Way to its original condition, and the City shall not be
liable for any damages resulting to Licensee by reason of such an order. Such removal and
restoration of the City Right-of-Way will be at the sole expense of Licensee. Upon failure of
Licensee to remove Fleet Vehicles or other property as ordered within a reasonable time period,
the City may perform the removal or work at Licensee’s cost and initiate a claim against Licensee.
5. Non-Discrimination. Licensee shall not:
a. In the hiring of labor or employees for the performance of any work under this
Agreement, by reason of any race, creed, color, national origin, sex, gender identity,
sexual orientation, or disability discriminate against any person who is qualified and
available to perform the work;
b. In any manner, discriminate against, intimidate, or prevent the employment of any
person identified in clause (a) of this section, or on being hired, prevent or conspire to
prevent, the person from the performance of any work under this Agreement on account
of any race, creed, color, national origin, sex, gender identity, sexual orientation, or
disability; or
c. Intentionally refuse to do business with, refuse to contract with, or discriminate in the
basic terms, conditions, or performance of any agreement related to the work to be
performed under this Agreement because of a person’s race, creed, color, national
origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal
is because of a legitimate business purpose.
6. Insurance. Licensee shall secure and maintain insurance issued by insurance companies
acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or
policies of insurance, primary or excess. Such insurance shall be in force on the date of execution
of the Agreement and shall remain continuously in force for the duration of this Agreement. Licensee and any sub-contractors carrying out work related to this Agreement shall secure and
maintain the following insurance:
a. Workers Compensation insurance that meets the statutory obligations with Coverage
B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee.
b. Commercial General Liability insurance with limits of at least $2,000,000 general
aggregate, $2,000,000 products-completed operations, $2,000,000 personal and
advertising injury, and $100,000 each occurrence fire damage. The policy shall be on an occurrence basis, shall include contractual liability coverage and the City shall be
named an additional insured.
c. Commercial Automobile Liability insurance covering all owned, non-owned and hired
automobiles with full automobile coverage including damages, contents and vandalism and limits of at least $1,000,000 per accident.
d. Computer Security and Privacy Liability for the duration of this agreement providing
coverage for, but not limited to, Technology and Internet Errors & Omissions, Security
and Privacy Liability, and Media Liability. Insurance will provide coverage against claims that arise from the disclosure of private information from files including but not
limited to: 1) intentional, fraudulent or criminal acts of the Contractor, its agents or
employees; and 2) breach of the City’s private data, whether electronic or otherwise.
The insurance policy should provide minimum coverage in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. If written on a claims-made basis,
the policy must remain in continuous effect for at least 3 years after the service is
provided or include a 3-year extended reporting period.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of Licensee.
Any policy deductibles or retention shall be the responsibility of Licensee. Licensee shall control
any special or unusual hazards and be responsible for any damages that result from those hazards.
The City does not represent that the insurance requirements are sufficient to protect Licensee’s
interest or provide adequate coverage. Each policy shall be endorsed to state that coverage shall
not be suspended, voided, or cancelled by either party, or reduced in coverage or in limits unless30
days written notice has been given to the City. Each policy shall be endorsed with a waiver of
subrogation in favor of the City and shall be primary, non-contributory to any insurance available
to the City. Any insurance available in excess of the minimum limits required herein shall be
available to the City.
7. Hold Harmless. Licensee agrees to defend, indemnify and hold harmless the City, its officers
and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
reasonable attorneys’ fees, resulting directly or indirectly from any intentional or negligent act or
omission of Licensee, its employees, its agents, or employees of subcontractors, in the performance
of the operation, work, or services provided by or through this License Agreement, or by reason
of the failure of Licensee to fully perform, in any respect, any of its obligations under this License
Agreement.
8. Limitation of Liability. The City assumes no liability for loss or damage to Licensee’s Fleet
Vehicles or other property or for damages to any third-party or the property of another arising out
of or in any way relating to or resulting from Licensee’s operations. The City shall not be
responsible for providing security for Licensee’s Fleet Vehicles and Licensee hereby waives any
claim against the City in the event Licensee’s Fleet Vehicles or other property are lost or damaged.
9. Maintenance and Care of Property. Licensee expressly agrees to repair, replace or otherwise
restore any part or item of real or personal property that is damaged, lost, or destroyed as a result
of Licensee’s Operation. Should Licensee fail to repair, replace, or otherwise restore such real or
personal property, Licensee shall pay the City’s reasonable costs in making such repairs,
replacements or restorations.
10. Assignment or Transfer of Interest. Licensee shall not assign any obligation or interest in this
Agreement, and shall not transfer any obligation or interest in the same either by assignment or
novation without the prior written approval of the City, provided, however, that claims for money
due or to income due to the Licensee may be assigned to a bank, trust company or other financial
institution, or to a Trustee in Bankruptcy without such approval. Notice of any such assignment
or transfer shall be furnished to the City. Except as provided herein, Licensee shall not subcontract
any services under this Agreement without prior written approval of the City.
11. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. License shall at all times remain an independent contractor with respect to
the work and/or services to be performed under this Agreement. Any and all employees of
Licensee or other persons engaged in the performance of any work or services required by Licensee
under this Agreement shall be considered employees or sub-contractors of the Licensee only and
not of the City; and any and all claims that might arise, including Worker's Compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of
said employees or other persons while so engaged in any of the work or services to be rendered or
provided herein, shall be the sole obligation and responsibility of Licensee.
12. Data Practices. Licensee agrees to comply with the Minnesota Government Data Practices
Act and all other applicable state and federal laws relating to data privacy or confidentiality.
Licensee must immediately report to the City any requests from third parties for information
relating to this License Agreement. The City agrees to promptly respond to inquiries from
Licensee concerning data requests. Licensee agrees to hold the City, its officers, and employees
harmless from any claims resulting from Licensee’s unlawful disclosure or use of data protected
under state and federal laws.
13. Inspection of Records. All Licensee records with respect to Licensee’s obligations under this
License Agreement shall be made available to the City or its designees, at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data.
14. Ownership of Materials/Intellectual Property. All finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials furnished by the City in
connection with this Agreement shall be the property of the City. The City may use, extend, or
enlarge any document produced by the City under this Agreement without the consent, permission
of, or further compensation to Licensee.
Each party acknowledges and agrees that each party is the sole and exclusive owner of all right,
title, and interest in and to its services, products, software, source and object code, specifications,
designs, techniques, concepts, improvements, discoveries and inventions including all intellectual
property rights thereto, including without limitations any modifications, improvements, or
derivative works thereof, created prior to, or independently, during the term of this Contract. This
Agreement does not affect the ownership of each party’s pre-existing, intellectual property. Each
party further acknowledges that it acquires no rights under this Agreement to the other party’s pre-
existing intellectual property, other than any limited right explicitly granted in this Agreement.
15. Contacts. The following are designated as official representatives for each of the Parties,
and as points of contact for purposes of delivering or receiving notice, contract management,
official requests, and all other communication contemplated under this License Agreement:
For the City: Marc Nevinski
mnevinski@goldenvalleymn.gov
(763) 593-8008
7800 Golden Valley Road
Golden Valley, MN 55427
For Licensee: Austin Marshburn
amarshburn@bird.co
1-866-205-2442
406 Broadway #369
Santa Monica, CA 90401
16. Entire Agreement. This License Agreement and attachments and other documents named, is
the entire agreement between the parties. No modification of this Agreement shall be valid or
effective unless made in writing and signed by the parties hereto.
17. Interpretation of Agreement. In interpretation of this Agreement, the language of the
Agreement shall prevail, followed by the language of Licensee’s Application.
18. Venue and Forum. The laws of the State of Minnesota shall govern the interpretation and
enforcement of this Agreement and any actions arising out of or relating to this Agreement shall
be brought in Hennepin County District Court in the state of Minnesota.
19. No Joint Venture. Nothing herein shall be in any way construed as expressing or implying
that Licensee and the City have joined together in any joint venture or are in any manner
agreeing to or contemplating the sharing of profits and losses among themselves in relation to
any matter relating to this Agreement.
IN TESTIMONY WHEREOF, the said parties have signed and executed this instrument the day
and year first above written.
LICENSEE CITY OF GOLDEN VALLEY
By: ____________________________________
Austin Marshburn
Its: Head of City & University Partnerships
By: ___________________________________
Its:____________________________________
Exhibit A: Reporting Requirements
The following performance indicators shall be reported to the City at the indicated frequency.
Performance
Indicator
Description Measurement Tool Reporting
Frequency
App & customer
service support portal
Reservation system fully
operational
Uptime reporting Monthly
Vehicle distribution Maps identifying trends
in peak vehicle
distribution
Maps showing aggregate
usage patterns
Monthly
Vehicles in service Vehicles in service Daily uptime reports Monthly
Report-responsive Response time to
incident reports
Log showing length of
time between reported
incident and Licensee
response
Monthly
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 6. Approve Revised Memorandum of Understanding between the City of Golden Valley and the
Minneapolis Park and Recreation Board Regarding Theodore Wirth Regional Park
Prepared By
Tim Cruikshank, City Manager
Summary
At the February 16, 2021, the City Council approved a Memorandum of Understanding between the
City and the Minneapolis Park and Recreation Board regarding various ongoing matters in Theodore
Wirth Park. After the February 16 meeting, the MPRB requested some minor administrative changes to
the agreement. The attached redline shows the proposed changes.
Financial or Budget Considerations
Not Applicable
Recommended Action
Approve the revised Memorandum of Understanding between the City of Golden Valley and the
Minneapolis Park and Recreation Board Regarding Theodore Wirth Regional Park in the form approved
by the City Attorney.
Supporting Documents
• Memorandum of Understanding between the City of Golden Valley and the Minneapolis Park and
Recreation Board Regarding Theodore Wirth Regional Park (6 pages)
MEMORANDUM OF UNDERSTANDING
Coordination of Activities and Uses on the shoreline of Twin Lake within Theodore Wirth
Regional Park
This Memorandum of Understanding (“MOU”) is made as of the ___ day of ______, 2021, by
and between the City of Golden Valley, Minnesota, a statutory Plan B City organized pursuant
to Minnesota Statutes Chapter 412 (“City”), and the City of Minneapolis acting by and through
its Park and Recreation Board, a body corporate and politic under the laws of the Minnesota
(”Park Board”).
RECITALS
A. Whereas, the Park Board was created by the Minnesota Legislature in April 1883 and has
the authority to manage and operate park facilities.
B. Whereas, the Park Board first organized a park referred to as Saratoga Park in 1889, which
has grown since first being organized to include approximately 759 acres in the cities of
Minneapolis and Golden Valley and is now known as Theodore Wirth Regional Park (“Wirth
Park”).
C. Whereas, Wirth Park is one of 19 regional park and trail properties owned and operated by
the Park Board, with authority of its regional park designation coming from the
Metropolitan Council under Minnesota Statutes Chapter 473.301.
D. Whereas, Wirth Park is the largest park in the Minneapolis park system and contains a
range of active and passive recreation activities serving regional needs and interests.
E. Whereas, the Theodore Wirth Regional Park Master Plan (“Master Plan”) was approved by
the Park Board’s Board of Commissioners on March 4, 2015 through Resolution 2015-133
and guides the program uses and the physical evolution of Wirth Park over a period of 20 to
30 years from its date of approval. All of the Park Board’s actions within Wirth Park must be
consistent with the Master Plan unless such action is supported by an amendment to the
Master Plan that is approved by the Park Board’s Board of Commissioners.
F. Whereas, the City was first organized as the Village of Golden Valley in 1886. It was
established as a statutory Plan B City under Minnesota Statutes, section 412.681 in 1972.
G. Whereas, 533 of Wirth Park’s 740 acres are within Golden Valley’s corporate city limit.
H. Whereas, Wirth Park also includes the southern half of Twin Lake and adjoins a portion of
Sweeney Lake.
I. Whereas, the City’s Code of Ordinances has the effect of general laws within the City limits,
including those parts of Wirth Park located within the City limits.
Memorandum of Understanding
Coordination of Activities and Uses within Theodore Wirth Regional Park
Page 2 of 6
J. Whereas, the City and Park Board have cooperated on projects supporting their individual
and joint interests including:
a. The Park Board’s granting of a perpetual easement to the Village of Golden
Valley supporting the water storage reservoir on land located within Wirth Park
and, in 2016, support of an amendment to the easement allowing the City to
install a solar array within the easement area to help offset costs associated with
the operation of its water distribution system;
b. Extension of authority to the City from the Park Board to make improvements to
and maintain Glenview Terrace Park as a neighborhood park on land owned by
the Park Board;
c. Creation of an operating methodology related to 9-1-1 for emergencies
occurring in areas of shared jurisdiction;
d. Permitting of periodic events of a scale that utilize significant portions of Wirth
Park and Theodore Wirth Parkway; and
e. Jointly planning for transit opportunities to serve Wirth Park and the City’s
residents.
K. Whereas, certain and recent illegal activities occurring within Wirth Park and the corporate
limits of the City present safety, traffic, quality of life, and parking concerns for the City’s
residents living near Wirth Park, as well as City residents visiting the City’s nearby Schaper
Park. These activities have occurred intermittently in Wirth Park over the last several
decades.
L. Whereas, the City and Park Board find it advantageous to create a method of cooperating
and collaborating to solve issues which are from time to time raised by representatives of
both parties.
Now, therefore, the City and Park Board agree as follows:
1. Process. The City and Park Board shall pursue a process of coordination and collaboration to
establish realistic and supportable actions, projects, and initiatives in response to concerns
that they may identify from time to time. The goal of this process shall be to coordinate
more directly on projects and initiatives of common interest. The parties shall track and
advance their efforts using Leadership Meetings, Coordination Meetings, Project Meetings,
and Project Agreements. Meetings may include elected officials and staff from both parties,
as well as interested third parties as provided below and agreed upon by the parties. The
purpose of the Project Agreements shall be to plan, fund, schedule, and deliver
improvements, processes, or modifications based on specific and measurable actions.
Memorandum of Understanding
Coordination of Activities and Uses within Theodore Wirth Regional Park
Page 3 of 6
2. Leadership Meetings. The parties shall hold a Leadership Meeting in February of each year,
which shall be attended by at least two elected representatives of each party as well as staff
identified in paragraph 3 below as the Coordination Team (collectively, the “Leadership
Team”). Each party shall designate its two elected officials prior to the annual meeting each
February and, to the extent possible, those elected officials shall participate in all
Leadership Meetings throughout the year.
At Leadership Meetings, the parties shall address policy-level matters. Leadership Meetings
may be used to gain preliminary consent regarding solutions to identified concerns and as
an initial sounding board for alternatives where staff is unable to identify a clear direction
for an identified concern. The parties may hold additional Leadership Meetings as needed
throughout the year to discuss policy issues arising from Coordination Meetings or Project
Meetings.
The City Manager and Park Board’s Superintendent shall work together to create an agenda
before each Leadership Meeting and shall jointly prepare notes of each meeting to
document attendance, key actions or decisions, and other information worthy of being
preserved for future action or recommendation.
The parties agree that direction or action resulting from a Leadership Meeting is not binding
upon either party, and that no direction or action shall become a policy guiding future
actions, projects, or initiatives without approval from the City’s City Council and the Park
Board’s Board of Commissioners.
3. Coordination Meetings. The parties shall hold Coordination Meetings on at least a quarterly
basis, which shall be attended by staff of each party. At Coordination Meetings, the parties
shall identify concerns of common interest and plan actions to take toward resolution of
those concerns. Such Coordination Meetings may be conducted in person or electronically
and shall be organized by the City Manager of the City, or the City Manager’s designee, and
the Superintendent of the Park Board, or the Superintendent’s designee. Participation in
addition to the City’s City Manager and the Park Board’s Superintendent may include the
following parties (collectively, the “Coordination Team”):
• From the City: Park and Recreation Director, Chief of Police, City Engineer, Physical
Development Director, Park Maintenance Supervisor, Environmental Resources
staff, Equity and Inclusion Manager, City Attorney, or other staff deemed necessary
by the City Manager;
• From the Park Board: Assistant Superintendent for Planning Services, Assistant
Superintendent for Environmental Stewardship, Director of Design and Project
Management, Director of Asset Management or Director of Forestry, Chief of Police,
other staff deemed necessary by the Park Board’s Superintendent, the Park Board’s
attorney; and
Memorandum of Understanding
Coordination of Activities and Uses within Theodore Wirth Regional Park
Page 4 of 6
• Other non-staff parties, as determined by mutual agreement of the parties, and as
needed to support actions associated with specific issues or topics.
The City Manager and Park Board’s Superintendent shall work together to create an agenda
before each Coordination Meeting and shall jointly prepare notes of each meeting to
document attendance, key actions or decisions, and other information worthy of being
preserved for future action or recommendation.
4. Project Meetings. The parties shall hold Project Meetings, occurring as scheduled and
involving staff as identified in Project Agreements. Progress related to Projects shall be
reported at Coordination Meetings and Leadership Meetings.
5. Project Agreements. Projects commenced under this MOU shall be facilitated by Project
Agreements. Either party may request that the parties develop a Project Agreement on a
particular topic and, once agreed to by both parties, such Project Agreements shall be
automatically appended to this MOU. Project Agreements shall contain at least the
following information:
• Project description and location;
• Project purpose and need statement;
• Intended outcomes;
• Identification of lead agency and lead staff;
• Identification of supporting staff;
• Funding sources;
• Schedule; and
• Other salient factors related to the Project.
In defining and advancing projects to implementation, the parties recognize that some
projects will require support through action of the City Council of the City or the Board of
Commissioners of the Park Board, or both. In such cases, nothing in the Project Agreements
shall bind either party without the approval of the City Council and/or Board of Park
Commissioners.
6. Initial Projects. The parties agree to work together to develop Project Agreements for the
following initial Projects:
• Theodore Wirth Regional Park “Back 40” Area Management and Programming Plan
for shoreline of Twin Lake
• Theodore Wirth Regional Park Public Safety Response Plan
Memorandum of Understanding
Coordination of Activities and Uses within Theodore Wirth Regional Park
Page 5 of 6
7. Rights conferred. This MOU is intended to form a framework for identification, discussion,
and resolution of issues relating to activities and uses within the portion of Wirth Park
located within the corporate limits of the City.
Nothing in this MOU shall be construed to extend or expand either party’s property rights
related to the lands contained in Wirth Park or other parklands owned by the Park Board
and located within the corporate limits of the City. Nothing in this MOU shall be construed
to offer any extraordinary rights or interests in or control over the Park Board’s parkland
located within the corporate limits of the City, unless such rights or interests are contained
in a separate agreement adopted by the City’s City Council and the Park Board’s Board of
Commissioners.
8. Term. This MOU shall be effective as of the last date of execution and shall continue until
terminated in writing by either party. The Leadership Team, as part its annual meeting in
February of each year under this Memorandum of Understanding, shall consider whether
the MOU shall be perpetuated and shall make appropriate recommendations to the City’s
City Council and the Park Board’s Board of Commissioners.
9. Modification. This MOU may be modified from time to time based on a recommendation
from the Leadership Team to the City’s City Council and the Park Board’s Board of
Commissioners subject to their approval. The addition of a Project may occur with
agreement from the Leadership Team without modification of this MOU.
10. Nonbinding. This MOU, as well as any Project Agreements derived from it, represents a
framework of principles expressing the current understanding between the parties and
does not constitute a legally binding agreement. The parties may utilize the principles
expressed in this document as a framework for any subsequent legally binding documents
between the parties.
In witness whereof, the authorized representative of the City of Golden Valley and the
Minneapolis Park and Recreation Board have entered into this Memorandum of Understanding
as of the date first stated above.
CITY OF GOLDEN VALLEY MINNEAPOLIS PARK AND RECREATION
BOARD
By: ______________________________ By: ______________________________
Shepard M. Harris, Mayor Its: President
Date: ______________________________ Date: ______________________________
Memorandum of Understanding
Coordination of Activities and Uses within Theodore Wirth Regional Park
Page 6 of 6
By: ______________________________ By: ______________________________
Timothy J. Cruikshank, City Manager Its: Secretary
Date: ______________________________ Date: ______________________________
Approved as to form: Approved as to form:
By: ______________________________ By: ______________________________
Attorney for the City of Golden Valley Attorney for the Minneapolis Park
and Recreation Board
Date: ______________________________ Date: ______________________________
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. D. 7. Joint Powers Agreement between Hennepin County and the City of Golden Valley regarding
911 Embedded Social Worker Program
Prepared By
Jason Sturgis, Police Chief
Summary
Hennepin County and the Golden Valley Police Department would like to partner to coordinate their
expertise and delivery of services to provide 911 dispatch services in a manner that most effectively and
efficiently supports and protects the physical, mental and behavioral health of individuals in Hennepin
County. To that end, the parties wish to establish a program that provides a social worker employed by
Hennepin County that will work with GVPD through Hennepin County 911 dispatch to achieve the
following objectives:
1. Provide social service follow up to individuals involved in mental / behavioral health related 911
calls (“Individual(s)”).
2. Decrease number of mental /behavioral health calls that have a law enforcement response.
3. Provide law enforcement officers and Individual(s) with information about community
resources that may benefit Individual(s) and minimize the need for future 911 calls.
4. Decrease use of force by officers by providing officers en route to the call pertinent information
from social service databases about the mental / behavioral health history of the Individual in
crisis while on mental health related calls in Phase 2 of the Program.
5. Increase mental / behavioral health training for dispatchers. Mental Health training will be
added to the new dispatcher training curriculum.
Although the above stated objectives do not specifically reference racial disparities, City staff’s intent is
for this program to eliminate disparities in police interactions and outcomes among two different
groups: those who experience mental health crisis and BIPOC communities. To achieve this goal, the
parties will work together to identify additional desired outcomes and assess successes and failures as
the program evolves, including creating a feedback loop with community to adapt responses as we
learn about the impacts of this program on these groups.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
Financial Or Budget Considerations
There are no financial/budget considerations during the pilot program.
Recommended Action
Motion to approve Joint Powers Agreement between Hennepin County and the City of Golden Valley
regarding 911 embedded social worker program in the form approved by the City Attorney.
Supporting Documents
• Joint Powers Agreement between Hennepin County and the City of Golden Valley regarding 911
embedded social worker program (14 pages)
Contract #A2010506
1
JOINT POWERS AGREEMENT
BETWEEN HENNEPIN COUNTY
AND THE CITY OF GOLDEN VALLEY
This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County
of Hennepin, Minnesota (“COUNTY”) on behalf of its Human Services and Public Health
Department (“HSPHD”) and on behalf of its Sheriff’s Office (“HCSO”), 300 South Sixth Street,
Minneapolis, Minnesota 55487 and City of Golden Valley (“CITY”) on behalf of its Police
Department, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 (“POLICE
DEPARTMENT”) pursuant to the authority conferred upon them by Minn. Stat. § 471.59.
COUNTY and CITY are also referred to herein as the “parties.”
WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human
Services and Public Health Department and Sheriff’s Office are empowered to provide general
and emergency public services that support and protect the physical, mental and behavioral health
of individuals in Hennepin County; and
WHEREAS, CITY is a political subdivision of the State of Minnesota and its Police
Department is empowered to provide general and emergency public services, including “911”
dispatch services in a manner that supports and protects the physical, mental and behavioral health
of individuals in Hennepin County; and
WHEREAS, the parties desire to jointly and cooperatively coordinate their expertise and
delivery of services to further the interests of providing 911 dispatch services in a manner that
most effectively and efficiently supports and protects the physical, mental and behavioral health
of individuals in Hennepin County, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and benefits realized by
each party, the parties agree as follows:
1. PURPOSE.
The purpose of this Agreement is to enable COUNTY to provide social work services to
CITY’S POLICE DEPARTMENT to further the interests of providing 911 services in a
manner that most effectively and efficiently supports and protects the physical, mental and
behavioral health of individuals in Hennepin County as detailed herein, and for CITY to secure
such services from COUNTY and to establish the terms on which such services shall be
provided.
2. PROJECT/PROGRAM
A. The parties shall cooperate and collaborate to develop and perform services associated with
the 911 Embedded Social Worker Pilot Program (the “Program”), as further described and
outlined in EXHIBIT A: Description of Services.
B. The parties shall perform at all times in accordance with the provisions herein, including
but not limited to the data provisions.
Contract #A2010506
2
3. TERM OF THE AGREEMENT
The term of this Agreement shall be from May 1, 2021, through December 31, 2022, unless
terminated earlier in accordance with the Cancellation provision of this Agreement.
3. CONSIDERATION
The parties expressly agree that neither party shall pay the other any amount hereunder. Each
party agrees that the mutual undertakings set forth herein are good and valuable consideration,
the receipt and sufficiency of which is acknowledged.
Further, the parties expressly agree that neither this Agreement nor either party’s performance
hereunder obligates or commits either party to enter a subsequent contract or engagement with
the other.
4. LIABILITY AND NOTICE
A. Each party shall be liable for its own acts and the results thereof to the extent provided by
law and, further, each party shall defend, indemnify, and hold harmless each other
(including their present and former officials, officers, agents, employees, volunteers, and
subcontractors), from any liability, claims, causes of action, judgments, damages, losses,
costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly
from any act or omission of the party, anyone directly or indirectly employed by it, and/or
anyone for whose acts and/or omissions it may be liable, in the performance or failure to
perform its obligations under this Agreement. The provisions of Minnesota Statutes,
Chapter 466 shall apply to any tort claims brought against COUNTY and/or CITY as a
result of this Agreement.
B. To the fullest extent permitted by law, action by the parties to this Agreement is intended
to be and shall be construed as a “cooperative activity” and it is the intent of the parties that
they shall be a deemed a “single governmental unit” for the purposes of liability, as set
forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for
purposes of that statute, each party to this Agreement expressly declines responsibility for
the acts or omissions of the other party to this Agreement except to the extent they have
agreed in writing to be responsible for the acts or omissions of the other party. The total
liability for the parties shall not be added together to exceed the limits on governmental
liability for a single governmental unit.
C. Duty to Notify: Each party shall promptly notify the other party of any actual or suspected
claim, action, cause of action, administrative action, criminal arrest, criminal charge, or
litigation brought against the party, its present and former officials, officers, agents,
employees, volunteers, and subcontractors which arises out of this Agreement.
Contract #A2010506
3
5. INSURANCE
Each party warrants that it has a purchased insurance or operates under a self-insurance
program in accordance with applicable law and sufficient to manage potential liability arising
hereunder, including but not limited to workers compensation insurance.
6. INDEPENDENT PARTIES
A. It is understood that the relationship between COUNTY and CITY as to the subject matter
of this Agreement constitutes only the understandings set forth in this Agreement.
B. It is further agreed that, notwithstanding any other formal, written agreements or contracts
which may exist between COUNTY and CITY, nothing is intended or should be construed
in any manner as creating or establishing the relationship of partners between the parties
hereto or as constituting either party as the agent, representative, or employee of the other
for any purpose or in any manner whatsoever. Each party is to be and shall remain an
independent contractor with respect to all services performed under this Agreement. Each
party will secure at its own expense all personnel required in performing services under
this Agreement. Any personnel of a party or other persons engaged in the performance of
any work or services required by that party shall have no contractual relationship with the
other party and will not be considered employees of the other party. Neither party shall be
responsible for any claims related to or on behalf of any of the other party’s personnel,
including without limitation, claims that arise out of employment or alleged employment
under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or
the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or claims of
discrimination arising out of state, local, or federal law, against the party, its officers,
agents, contractors, or employees. Such personnel or other persons shall neither require
nor be entitled to any compensation, rights, or benefits of any kind from the other party,
including, without limitation, tenure rights, medical and hospital care, sick and vacation
leave, workers' compensation, unemployment compensation, disability, severance pay, and
retirement benefits.
7. NONDISCRIMINATION
In accordance with COUNTY’s policies against discrimination, the parties shall not exclude any
person from full employment rights or participation in, or the benefits of, any program, service or
activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual
orientation, public assistance status, or national origin; and no person who is protected by
applicable federal or state laws against discrimination shall be otherwise subjected to
discrimination.
8. NO THIRD PARTY BENEFICIARY
Except as herein specifically provided, no other person, customer, employee, or invitee of
either party or any other third party shall be deemed to be a third party beneficiary of any of
the provisions herein.
Contract #A2010506
4
9. DATA
COUNTY and CITY, their officers, agents, owners, partners, employees, volunteers and
subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations
and orders relating to data privacy, confidentiality, disclosure of information, medical records
or other health and enrollment information, and as any of the same may be amended, as well
as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
10. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the parties, the State
Auditor, or any of their authorized representatives, at any time during normal business hours,
and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the
parties which are pertinent to the accounting practices and procedures of the parties and involve
transactions relating to this Agreement. The parties shall maintain these materials and allow
access during the period of this Agreement and for six (6) years after its expiration, cancellation
or termination.
11. MERGER, MODIFICATION, AND SEVERABILITY
A. The entire understanding between the parties is contained herein and supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All items
that are referenced or that are attached are incorporated and made a part of this Agreement.
If there is any conflict between the terms of this Agreement and referenced or attached
items, the terms of this Agreement shall prevail.
B. Any alterations, variations or modifications of the provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed
by the parties. Except as expressly provided, the substantive legal terms contained in this
Agreement including but not limited to Indemnification;Liability and Notice; Merger,
Modification and Severability; Default and Cancellation/Termination or Minnesota Law
Governs may not be altered, varied, modified or waived by any change order,
implementation plan, scope of work, development specification or other development
process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
12. DEFAULT AND CANCELLATION/TERMINATION
A If either party fails to perform any of the provisions of this Agreement, fails to administer
the work so as to endanger the performance of the Agreement or otherwise breaches or
fails to comply with any of the terms of this Agreement, it shall be in default. Unless the
Contract #A2010506
5
party’s default is excused in writing by the non-defaulting party, the non-defaulting party
may upon written notice immediately cancel or terminate this Agreement in its entirety.
B. This Agreement may be canceled/terminated with or without cause by either party upon
thirty (30) days written notice. Either party may immediately cancel or terminate this
Agreement if the terminating party determines that the health and welfare of a member of
the public is at risk. Upon cancellation/termination, property or surplus money acquired
as a result of the operation of this Agreement shall be distributed to the parties in proportion
to contributions of the parties.
C. Either party’s failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
D. The above remedies shall be in addition to any other right or remedy available to either
pary under this Agreement, law, statute, rule, and/or equity.
13. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given or
made by a party under this Agreement or any statute or ordinance shall be in writing, and shall
be sent registered or certified mail. Notices to COUNTY shall be sent to the County
Administrator at the address given in the opening paragraph of this Agreement with copies to
HSPHD and HCSO at detailed below. Notice to CITY shall be sent to the address stated in
the opening paragraph of this Agreement with a copy to POLICE DEPARTMENT as detailed
below.
HSPHD:
Leah Kaiser
Senior Department Administrator
Hennepin County
300 South 6th Street
Minneapolis, Minnesota 55487
HCSO:
Name
Title
Address
POLICE DEPARTMENT:
Jason Sturgis
Police Chief
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Contract #A2010506
6
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or termination of
this Agreement do survive such term, cancellation or termination. Such provisions include but
are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE;
DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; MARKETING AND PROMOTIONAL
LITERATURE; and MINNESOTA LAW GOVERNS.
15. MARKETING AND PROMOTIONAL LITERATURE
POLICE DEPARTMENT agrees that the terms, “Hennepin County” “Hennepin County
Human Services and Public Health Department” and ”Hennepin County Sheriff’s Office”, the
name of any elected official, or any derivatives thereof, shall not be utilized in any promotional
literature or advertisements of any type without the express prior written consent of COUNTY.
16. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legal relations between the parties and
their performance. The appropriate venue and jurisdiction for any litigation will be those
courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the
federal courts involving the parties will be in the appropriate federal court within the state of
Minnesota.
(The remainder of this page intentionally left blank.)
Contract #A2010506
7
JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY
OF GOLDEN VALLEY REGARDING 911 EMBEDDED SOCIAL WORKER
The Golden Valley City Council duly approved this Agreement on the 4th day of May, 2021.
City of Golden Valley
By: _________________________
Shepard M. Harris, Mayor
And by: ______________________
Timothy J. Cruikshank, City Manager
Approved as to form
and legality:
___________________________
Maria T. Cisneros, Golden Valley City Attorney
Contract #A2010506
8
Hennepin County Board Approval
The Hennepin County Board of Commissioners having duly approved this Agreement on behalf
of the Hennepin County Sheriff’s Office and the Hennepin County Attorney’s Office on the
_____ day of _____________, 2021 and pursuant to such approval, the proper County officials
having signed this Agreement, the parties hereto agree to be bound by the provision herein set
forth.
County of Hennepin
State of Minnesota
Reviewed by County
Attorney’s Office: _____________________________
Chair of its County Board
________________________
Assistant County Attorney And: __________________________
County Administrator
And: _________________________
Hennepin County Sheriff/Chief Deputy
Attest: ________________________
Deputy/Clerk of County Board
Contract #A2010506
EXHIBIT A: Description of Services
Subject to the provisions in the Agreement, including but not limited to provisions regarding data
and data sharing, HSPHD, HCSO, and POLICE DEPARTMENT shall cooperate and collaborate
to develop and perform services associated with the Program. Unless the parties otherwise
agree, the Program will be implemented in the two phases described below. The parties agree
that, subject to performance and outcomes under this Agreement, additional phases may be
developed, agreed upon, and implemented.
I. Program Objectives:
The parties agree to pursue the following objectives:
Objective 1: Provide social service follow up to individuals involved in mental /
behavioral health related 911 calls (“Individual(s)”).
Objective 2: Decrease number of mental /behavioral health calls that have a law
enforcement response.
Objective 3: Provide law enforcement officers and Individual(s) with information about
community resources that may benefit Individual(s) and minimize the need for future 911
calls.
Objective 4: Decrease use of force by officers by providing officers en route to the call
pertinent information from social service databases about the mental / behavioral health
history of the Individual in crisis while on mental health related calls in Phase 2 of the
Program.
Objective 5: Increase mental / behavioral health training for dispatchers. Mental Health
training will be added to the new dispatcher training curriculum.
II. Program Overview
As used herein, (i) “MBH Calls” shall mean mental / behavioral health related 911 calls or texts;
(ii) “Frequent Caller” shall mean a person with 3 or more MBH Calls in the preceding 6 months;
and (iii) “Program Data” shall mean aggregated and de-identified (anonymized) data reflecting
the race of Individuals and disposition(s) resulting from POLICE DEPARTMENT contact with
an Individual as well as the total number of the following: POLICE DEPARTMENT referrals to
SSW, calls responded to by the POLICE DEPARTMENT (i.e., MBH calls), POLICE
DEPARTMENT MBH Calls, MBH Calls involving weapons, and repeat calls by a Frequent
Caller.
III. Phase 1. During Phase I, the parties shall perform the following:
Contract #A2010506
EXHIBIT A: Description of Services
2
A. The SSW will contact and follow-up with Individuals as follows:
1. those involved in calls that are in scope to be responded to by POLICE
DEPARTMENT based on address given during the call and coded as “Mental
Problem” by HCSO 911 Dispatch or POLICE DEPARTMENT; and
2. those involved in calls that are not initially coded as by HCSO Dispatch as
Mental Problem but where POLICE DEPARTMENT responding officer(s)
subsequently observe what they believe to be a mental / behavioral health
component and referred the individual(s) in writing to the SSW.
B. The SSW will refer Individuals to and coordinate with COUNTY and community
resources that may benefit Individuals.
C. The SSW will refer Individuals to and coordinate with any existing case managers and /
or embedded police department social workers.
D. POLICE DEPARTMENT shall work with HSPHD to establish criteria for referrals and a
referral process, including but not limited to a process/rules for tracking referrals and
repeat calls.
E. POLICE DEPARTMENT shall track Program Data.
F. HSPHD shall provide the information and data set forth in Exhibit B.
G. The SSW will follow up on Frequent Callers that reside in all cities using HCSO 911
Dispatch. The SSW will connect with currently assigned county/contracted social workers,
will offer support to connect with community resources and make referrals as needed. This
would be the same process that SSW will do for referrals from the POLICE
DEPARTMENT.
IV. Phase 2. During Phase 2, the parties shall perform the components of Phase 1 and the
following additional component(s)
A. The SSW may provide information from social service databases to officers en route to
911 calls subject to compliance with all relevant law and subject to the following
limitations.
1. HSPHD shall provide only:
a. information related only to an adult (18 years of age or older) and only
where “Mental Problem” is coded by dispatch as the primary or secondary
reason for the 911 call;
b. the minimum necessary information to most safely respond to the
emergency;
c. data from records within the past 10 years from the date of the 911 call;
and
d. information sourced from county social service records and criminal
justice records.
2. HPSHD shall not provide any information:
a. from the EPIC electronic medical record system; or
Contract #A2010506
EXHIBIT A: Description of Services
3
b. regarding an individual’s treatment for substance use disorder (See 42
CFR Part 2 and Minn. Stat. § 13.46, subd. 2(b)); or
c. regarding an individual’s HIV/AIDS status.
B. Subject to all relevant law and the foregoing limitations, the following data elements have
been identified as desirable for HSPHD to provide to POLICE DEPARTMENT:
1. weapons history or history of violence against others;
2. history of self-harm;
3. mental health diagnosis;
a. HSPHD may share a mental health-related diagnosis with HCSO and /or
POLICE DEPARTMENT if the law enforcement agency provides the
name of a patient AND communicates that:
(i) the patient is currently involved in an emergency interaction with
the law enforcement agency; AND
(ii) disclosure of the records is necessary to protect the health or safety
of the patient or of another person. (See Minn. Stat. § 144.294,
subd. 2; Minn. Stat. 13.46, subd. 7(c).);
4. list of mental health medications;
a. history of compliance with mental health medications;
(i) effect of non-complinace;
5. HSPHD may share non-chemical dependency/non-mental health-related
information to law enforcement “if knowledge of the information is necessary to
protect the health or safety of the individual or other individuals or
persons[.]” Minn. Stat. 13.46, subd. 2(a)(10).
6. frequency of 911 calls;
7. behavioral history, particularly towards law enforcement;
8. preferred hospital;
9. whether a person is under civil commitment;
10. whether there is a guardianship in place;
11. summary of resources that have been exhausted before calling 911; and
12. identity of an unknown caller as determined by address/phone-number or other
resources.
V. Parties’ Responsibilities:
In addition to the responsibilities described above related to Phase 1 and Phase 2, the parties
shall generally be responsible as follows:
VI. HSPHD Responsibilities:
A. HSPHD shall assign one Senior Social Worker (“SSW”), and other staff as necessary, to
participate in the Program. HSPHD may, in its sole discretion, reassign another staff
Contract #A2010506
EXHIBIT A: Description of Services
4
member to serve as SSW. At all times during this Agreement, the SSW and other
HSPHD staff will be COUNTY employees and be supervised by HSPHD.
B. During training, the SSW will work with 911 Dispatch from 9:00am to 5:30pm Monday-
Friday. After training and unless the parties otherwise agree, hours will generally be
11am-7:30pm Monday-Friday.
C. The SSW will provide services by phone or written communication.
D. HSPHD shall provide the SSW with all equipment deemed necessary by HSPHD, which
may include a cell phone and computer equipment.
E. The SSW will make a reasonable attempt to follow up on all referrals within 24 hours
and/or by the next business day for referrals that come in afterhours, weekends and
holidays.
F. Subject to applicable law as well as COUNTY policy, the SSW may provide short-term
assistance to Individuals for calls in Golden Valley and/or referred by POLICE
DEPARTMENT in order to connect the Individuals with internal and/or community
resources to help meet their needs. Services will be provided in an ethical and culturally
sensitive manner.
G. During follow-up contact with Individuals, the SSW will make a reasonable attempt to
obtain a Release of Information (ROI) signed by the Individuals served, in order to
permit relevant information to be shared with POLICE DEPARTMENT.
I. HSPHD will track Program Data. The parties expressly agree that Program Data will be
aggregated and/or de-identified in a manner that ensures that no individual may be
directly or indirectly identified in any manner.
VII. HCSO Responsibilities:
A. Unless otherwise agreed by HSPHD and HCSO, HCSO will provide the SSW with office
space and amenities, including but not limited to a desk and desk phone, at the HCSO
Emergency Communications Facility at 1245 Shenandoah Lane N., Plymouth, MN.
B. Subject to applicable law, HCSO will email to the SSW all calls received that are coded
as Mental Problem and have a City of Golden Valley physical address.
C. Subject to applicable law, HCSO will forward all Frequent Callers to the SSW for all
cities.
D. Before implementation of Phase 2, HCSO will work with the HSPHD Social Work Unit
Supervisor, Project Manager and POLICE DEPARTMENT to develop a workflow for
providing information from social service databases to officers en route to 911 calls.
Before implementation, the workflow, including all data elements to be provided, must be
approved by concerned COUNTY data and security personnel, including but not limited to
HSPHD’s Chief Compliance and Privacy Officer.
VIII. POLICE DEPARTMENT Responsibilities:
A. POLICE DEPARTMENT will track referrals made to the SSW, and will track for each
referral:
1. whether a weapon was involved; and
Contract #A2010506
EXHIBIT A: Description of Services
5
2. whether the caller is a Frequent Caller.
B. To facilitate SSW follow-up, officers will ensure all referrals to SSW include the
following about the Individual:
1. name;
2. date of birth;
3. address;
4, telephone number; or
5. as much information as possible.
C. Officers may refer to the SSW for follow up from 911 calls that were initially not coded
as Mental Problem but are later determined to have a mental / behavioral health
component.
Contract #A2010506
EXHBIT B – HSPHD DATA TO POLICE DEPARTMENT
Unless the parties otherwise agree, HSPHD shall provide the following information and data to
POLICE DEPARTMENT on a quarterly basis:
A. Number of referrals to the SSW brokend down by Adult and Youth.
B. How many referrals had Hennepin County residency and how many were non-residents.
C. At the time of the referral the individual identified with
1. Mental Health
2. Substance Use
3. Opiod
4. Mental Health/Substance Use
5. Other
• Contacts the SSW had with Individuals
1. Phone call attempts without success
2. Successful contact
3. Letters sent
4. Contact with case manager
5. Contact with other service providers
6. Unable to contact (no phone/address)
• Referrals made by the social worker
1. Health Services
2. Substance use treatment services
3. Case Management
4. Housing
5. Asisstance obtaing Public Assistance
6. Employment Services
7. Care Coordination with other providers
8. Transportation
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. E. 1. Resolution No. 21-30, Supporting Application to the Pohlad Family Foundation for Reducing Harm
Through Collaborative Solutions Grant
Prepared By
Myles Campbell, Planner
Kiarra Zackery, Equity and Inclusion Manager
Jason Sturgis, Police Chief
Kirsten Santelices, Deputy City Manager/Human Resources Director
Summary
The Pohlad Family Foundation, in partnership with the National League of Cities (NLC), has created a grant
funding resource for tribal, city, and county governments in the seven-county metro area. The Reducing Harm
Through Collaborative Solutions (RHTCS) Grant has three principal goals:
1. Innovate and transform traditional approaches to public safety.
2. Reduce the occurrence and severity of negative encounters between law enforcement and the
community.
3. Actively confront racial disparities and history of racism to improve safety, trust and greater
wellbeing among Black, Indigenous and people of color (BIPOC).
The Pohlad Family Foundation is accepting proposals for programs or projects that align with these goals and
the funding priorities established in the Request for Proposals. The Foundation will consider grant requests of
up to $1,000,000, with plans to fund four to six proposals. Grant dollars awarded would be distributed over a
two-year period, with half of the awarded dollars being available in year one, and the remainder being
distributed the following year. The grant is intended to spur immediate local action, which can then be
translated into measurable and implementable long-term outcomes. The Foundation will evaluate proposals
on the organization’s ability to implement sustainable actions, as well as the extent of involvement and
collaboration between law enforcement entities, community-based organizations, elected leaders and
residents.
City staff recommend pursing this grant as an opportunity to enhance the City’s ongoing efforts to create an
equitable environment for all residents and visitors. The funding allocated through this grant will position the
City to implement innovative improvements in the police department quicker than we would otherwise be
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
able. City Staff will identify and propose initiatives within the police department that align with one or more
of the RFP funding priorities listed below:
• Efforts that incorporate trauma, healing and restorative approaches. This can include addressing
immediate needs following a critical incident or restorative approaches that lead to improved trust
and repairing harm from past trauma.
• Adoption or expansion of co-responder, community responder or similar models that reduce
escalating encounters with law enforcement. The model adopted should improve outcomes with
BIPOC communities; individuals with developmental, physical, intellectual disabilities; individuals
experiencing a mental health crisis; and transgender and gender-nonconforming individual
• Strategies that offer a range of response options for how calls to 911 are categorized and
dispatched (i.e., differential responses and dispatch to ensure the optimal resources are
responding to specific safety needs, such as mental health, homeless outreach and youth
intervention workers, amongst other community responders).
• Workforce recruitment, training and skill development specific to efforts that increase racial
diversity and foster an anti-racist work culture.
• Practices that increase transparency and accountability (public information-sharing practices,
improved relations with public safety officials, early intervention systems to detect potential
problems with officers’ behavior, civilian review boards).
• Efforts that include solutions and resources from within the local community that promote public
safety and broader wellbeing.
According to the RFP the proposal is due May 14 and the City will be notified by June 25, 2021.
Financial Or Budget Considerations
While a local match is not required of the grant, staff may propose budget adjustments to enhance the
work.
Recommended Action
Motion to Adopt Resolution No. 21-30 Supporting Application to the Pohlad Family Foundation for
Reducing Harm Through Collaborative Solutions Grant
Supporting Documents
• Resolution No. 21-30 Supporting Application to the Pohlad Family Foundation for Reducing Harm
Through Collaborative Solutions Grant (1 page)
RESOLUTION NO. 21-30
RESOLUTION SUPPORTING APPLICATION TO THE POHLAD FAMILY FOUNDATION
FOR REDUCING HARM THROUGH COLLABORATIVE SOLUTIONS GRANT
WHEREAS, in response to the murder George Floyd, the Pohlad Family Foundation
(the “Pohlad Foundation”) committed $25 million to advance racial justice solutions in the
Twin Cities area; and
WHEREAS, the Pohlad Foundation is currently seeking proposals for grant funding
and tailored technical assistance to municipalities in the seven-county metro area in order
to achieve three goals:
1. Innovate and transform traditional approaches to public safety.
2. Reduce the occurrence and severity of negative encounters between law
enforcement and the community.
3. Actively confront racial disparities and history of racism to improve safety, trust and
greater wellbeing among Black, Indigenous and people of color (BIPOC).
WHEREAS, the City Council has made it a priority to examine its policing practices
and develop public safety responses consistent with the City’s values of diversity, equity,
inclusion, and social justice; and
WHEREAS, the City is developing and adopting new policies to address
longstanding inequities and systemic racism in public safety, including:
Embedding a social worker at 911 to assist with response to mental health calls for
service;
Collaborating with Normandale Community College to offer a community health
worker internship to students preparing for a career at the intersection of mental
health and public safety;
Increasing racial diversity in the police department through innovative recruitment
and retention practices;
Incorporating community voices into police operations by establishing a new
commission called the Police Employment and Community Engagement (PEACE)
Commission;
Hiring a new city staff person to build community relationships, serve as the staff
liaison to the PEACE Commission, and develop and implement culturally tailored
engagement between the police department and BIPOC communities.
Partnering with a consultant and the PEACE Commission to conduct a thorough
review of police department policies using a racial equity framework;
Implementing new training requirements that incorporate trauma, healing, and
restorative approaches; and
Improving community access to police department data and policies by developing
and publishing the GVPD Window.
Conducting racial profiling study regarding traffic stops in Golden Valley in
conjunction with Hennepin County.
WHEREAS, the City wishes to receive grant funding to support and expand these
efforts and to implement them more quickly; and
WHEREAS, the grant request is consistent with the City’s goals to address the
issues of equity, and racial disparity, as identified in the City’s Equity Plan, Welcome
Statement, and Pyramid of Success.
NOW THEREFORE BE IT RESOLVED, by the City Council of Golden Valley that
the Council supports the application for funding to the Pohlad Family Foundation and
directs City staff to prepare the application documents consistent with the City’s goals and
priorities as stated herein.
Adopted by the City Council of Golden Valley, Minnesota on this 4th day of May, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
3. F. Approve Golden Valley Energy Action Plan and Plan Implementation
Prepared By
Eric Eckman, Environmental Resources Supervisor
Summary
In order to achieve the energy goals identified in the Resilience & Sustainability chapter of
the City’s 2040 Comprehensive Plan and continue to advance in the GreenStep Cities
Program, the City Council approved participation in Xcel Energy’s Partners in Energy (PiE)
community collaboration program in 2020-2022.
The City’s Resilience & Sustainability plan recommends partnering and participating in community
programs like this one to engage with a wide range of stakeholders and further develop the City’s
energy goals, priorities, and strategies. Making improvements in the energy sector is one of the most
impactful ways to lower greenhouse gas emissions and address climate change. Partners in Energy
provides tools, data, resources, and expertise to help the community create a comprehensive and
inclusive energy action plan that produces measurable results.
The City entered into a Memorandum of Understanding (MOU) with Xcel Energy to complete Phase 1
of the program, Plan Development. A planning team of community members representing a variety of
sectors and interests collaborated at five workshops over several months to develop the vision, goals,
priorities, and actions. The City’s GreenCorps Member and staff from several departments including
the City’s Equity and Inclusion Manager provided additional input on the plan. The Environmental
Commission provided guidance, feedback, and comments throughout the process and approved a
motion supporting the energy action plan at its March 2021 meeting. All of this work has led to the
development of the community’s first energy action plan and the City’s biggest steps toward reducing
greenhouse gas emissions to address climate change.
In order to begin working on the plan and continue collaborating with the PiE team, the City will need to
enter into a MOU with Xcel Energy for Phase 2 of the PiE program, Plan Implementation. Phase 2 will
last 18 months with the PIE team guiding and supporting the City in the creation of tools, processes, and
communication materials necessary to ensure a successful and impactful start to the plan.
Members of the energy action planning team, Environmental Commission, PiE staff, and City staff will
be on hand to present and discuss the plan.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
Financial or Budget Considerations
Direct Cost - There is no direct cost to participate in the PiE program.
Indirect Cost - Based on discussions with other cities, it is estimated that approximately 25% of the
Environmental Resources Supervisor’s time, a portion of Communications staff time, and up to
approximately 0.5 FTE environmental staff will be needed to support the 18-month implementation
phase and beyond. GreenCorps members, temporary employees, consultants, and volunteers (i.e.
planning team members) may help support this effort, and will attempt to provide the continuity
required to develop and sustain relationships that are critical to the plan. Staff will utilize existing
budgets, including $50,000 per year over 3 years for environmental initiatives approved by Council in
2019, to support the first 18 months of plan implementation either directly, or indirectly by redirecting
staff and backfilling existing duties.
Staff is in the process of working with the Environmental Commission to explore and understand
current and future resource needs. If additional resources are needed to support the City’s
environmental goals, plans, programs, and projects (including the energy action plan), those needs will
be communicated and proposed through the biennial budget process and re-evaluated annually.
If the energy action plan is approved by Council, staff will explore participation in the Residential Home
Energy Squad program in the coming weeks and may recommend allocating a portion of the $50,000
for environmental initiatives to buy down the cost of site visits in 2021 and 2022 and potentially
beyond.
Although there are no direct costs to residents and businesses to participate in the PiE program, there
may be a cost to participate in specific energy efficiency or subscription programs offered by Xcel
Energy and CenterPoint Energy as customers seek to make improvements to their properties.
Long Term Investment – Financial investment in buildings, lighting, infrastructure, equipment, and
technology may be required to implement policies and strategies included in the energy action plan
and resilience and sustainability plan, with the goal of improving energy efficiency and promoting
renewable energy while reducing energy consumption, costs, and greenhouse gas emissions. These
investments will be explored and evaluated further in the coming years and communicated through
the biennial budget and capital improvement planning process each year.
Recommended Actions
1. Motion to Approve Energy Action Plan
2. Motion to Authorize the City Manager to enter into a Memorandum of Understanding with Xcel
Energy for Phase 2 Plan Implementation in a form approved by the City Attorney.
Supporting Documents
• Golden Valley Energy Action Plan (Executive Summary) (2 pages)
• An Energy Action Plan for Golden Valley, April 2021 (66 pages)
• Memorandum of Understanding, Phase 2 – Plan Implementation (8 pages)
Golden Valley Energy Action Plan
This plan was developed during 5 workshops between August of 2020 and January of
2021. Participants represented a wide variety of Golden Valley stakeholder groups working
together to develop a plan that reflects their shared priorities and best ideas.
Our Vision
Golden Valley will be a more sustainable and resilient community where the benefits of
using and sourcing energy wisely accrue equitably to every resident, business, and visitor.
The content of this plan is derived from a series of planning
workshops hosted by Xcel Energy’s Partners in Energy. Thank you
to the Golden Valley Energy Action Team who contributed many
hours of service to creating our vision, goals, and strategies for
this plan.
Our Goals
Eliminate 65,000 tons of greenhouse gas emissions through electricity
and natural gas savings in Golden Valley in the next 10 years–
exclusive of Xcel Energy’s grid decarbonization efforts, a reduction of
approximately 30% vs. baseline.
Add an estimated $8.8 million in first year energy savings to Golden
Valley’s economy in 10 years with savings that residents and businesses
will see from more efficient use of energy.
Help Golden Valley households most severely impacted by the costs of
energy. We will:
a. make certain that these households are aware that help is available.
b. help them to navigate the steps necessary to get the help they need.
GHG
How We Are Going to Get There
We’ve identified three focus areas and eight
strategies to focus our resources and accomplish
our goals.
1. Reducing High and Severe Energy Cost Burden
a. Locate Energy-Burdened Households
b. Educate Clients
c. Coordinate Service Delivery
2. Improving Energy Efficiency
a. Conduct Residential Outreach, Including
Multi-Family Buildings
b. Conduct Business Outreach
3. Supporting Clean Energy
a. Subscription Options
b. “Near-Site” and On-Site Renewable
Energy Support
c. Preparing for Electric Vehicles
Get Involved
Visit http://www.goldenvalleymn.gov/about/
energy/partners-in-energy.php to read more about
our Energy Action Plan and find ways you can
support it. Please contact us to learn how you can
help us achieve Golden Valley’s energy vision at
publicworksdept@goldenvalleymn.gov
An Energy Action Plan for
Golden Valley
DRAFT Month Year
An Energy Action Plan for
Golden Valley
April 2021
Golden Valley Energy Action Plan 1
ACKNOWLEDGEMENTS
Thank you to the following individuals who contributed many hours of service to developing this
Energy Action Plan.
The content of this plan is derived from a series of planning workshops hosted by Xcel Energy’s
Partners in Energy. Xcel Energy is the electric utility serving Golden Valley. Partners in Energy
is a two-year collaboration to develop and implement a community’s energy goals. For more
information about the planning workshops, see Appendix C: Xcel Energy’s Partners in Energy
Planning Process.
Energy Action Team
Andrea Bishop Resident, Education Representative
Andy Snope Resident
Ben Lehman Resident
Emma Schoppe CenterPoint Energy
Eric Eckman Environmental Resources Supervisor, City of Golden Valley
Jeff Curtes Resident, Auer Steel, Plymouth, MN
Julianne Laue Mortenson, Golden Valley
Kade Arms-Regenold Resident, Youth Representative
Larry Fonnest Golden Valley City Council Member
Linden Weiswerda Golden Valley Open Space and Recreation Commission
Marte Byrne Allianz Life, Golden Valley
Michelle Ness Prism, Golden Valley
Nick Thielen General Mills, Golden Valley
Story Schwantes Minnesota GreenCorps Member
Tonia Galonska Commissioner, Golden Valley Environmental Commission
Partners in Energy Team
Brady Steigauf Partners in Energy Community Facilitator
Jenny Edwards Partners in Energy Community Facilitator
Michelle Swanson Community Relations Manager, Xcel Energy
Mike Holsinger Partners in Energy Community Facilitator
Tami Gunderzik Manager of Partners in Energy, Xcel Energy
Yvonne Pfeifer Community Energy Efficiency Manager, Xcel Energy
This Energy Action Plan was funded by and developed
in collaboration with Xcel Energy’s Partners in Energy.
Golden Valley Energy Action Plan 2
TABLE OF CONTENTS
Acknowledgements .................................................................................................................... 1
Introduction ................................................................................................................................ 4
Our Engagement & Outreach Process ................................................................................... 5
Why We Want an Energy Action Plan .................................................................................... 6
A Note to Readers .................................................................................................................. 6
Where We Are Now ................................................................................................................... 8
Energy Use ............................................................................................................................ 8
Greenhouse Gas Emissions ..................................................................................................10
Renewable Energy ................................................................................................................11
Program Participation & Savings ...........................................................................................12
Where We Are Going ................................................................................................................14
Energy Vision Statement .......................................................................................................14
Focus Areas ..........................................................................................................................14
Reducing High Energy Burden ..........................................................................................15
Improving Energy Efficiency ..............................................................................................16
Supporting Clean Energy ..................................................................................................17
Goals ........................................................................................................................................18
How We Are Going To Get There .............................................................................................19
Focus Area: Reducing High and Severe Energy Burden .......................................................19
Strategy 1: Locate High Energy Burden Households .........................................................19
Strategy 2: Educate Clients ...............................................................................................22
Strategy 3: Coordinate Service Delivery ............................................................................23
Focus Area: Improving Energy Efficiency ..............................................................................24
Strategy 4: Conduct Residential Outreach .........................................................................24
Strategy 5: Conduct Business Outreach ............................................................................26
Focus Area: Supporting Clean Energy ..................................................................................28
Strategy 6: Subscription Options .......................................................................................28
Strategy 7: “Near-Site” and On-Site Renewable Energy Support .......................................31
Strategy 8: Preparing for Electric Vehicles ........................................................................34
Energy Action Plan Elements ................................................................................................35
Energy Action Plan Impact ....................................................................................................36
Energy Action Team Commitment .........................................................................................39
How We Stay On Course .........................................................................................................40
Golden Valley Energy Action Plan 3
Data and Reporting ...............................................................................................................40
Project Management and Tracking ........................................................................................40
Appendix A: Baseline Energy Analysis ......................................................................................41
Electricity and Natural Gas Premises ....................................................................................41
Electricity and Natural Gas Consumption by Sector ..............................................................42
Greenhouse Gas Emissions and Trends ...............................................................................42
Energy Costs ........................................................................................................................43
Program Participation and Savings .......................................................................................45
Renewable Energy Support ..................................................................................................46
Appendix B: Methodology for Measuring Success ....................................................................47
Reducing High and Severe Energy Cost Burden Focus Area Goals......................................47
Strategy 1: Locate High Energy Burden Households .........................................................47
Strategy 2: Educate Clients ...............................................................................................47
Strategy 3: Coordinate Service Delivery ............................................................................48
Improving Energy Efficiency Focus Area Goals .....................................................................48
Strategy 4: Conduct Residential Outreach .........................................................................48
Strategy 5: Conduct Business Outreach ............................................................................48
Supporting Clean Energy Focus Area Goals .........................................................................48
Strategy 6: Subscription Options .......................................................................................48
Strategy 7: “Near-Site” and On-Site Renewable Energy Support .......................................49
Strategy 8: Preparing for Electric Vehicles ........................................................................49
Appendix C: Xcel Energy’s Partners in Energy Planning Process .............................................50
About Xcel Energy’s Partners in Energy ................................................................................50
Plan Development Process ...................................................................................................50
Appendix D: Renewable Energy Overview ................................................................................52
Appendix E: Glossary of Terms .................................................................................................60
Appendix F: CenterPoint Energy overview of greenhouse gas mitigation projects ....................63
Appendix G: Implementation Memorandum of Understanding ..................................................65
Golden Valley Energy Action Plan 4
INTRODUCTION
Golden Valley is a first-ring suburb of Minneapolis just minutes west of downtown. With its
desirable location, ample parks and nature areas, flourishing businesses, and award-winning
schools, Golden Valley is proud to support its claim of being one of the best places to live in the
Twin Cities metropolitan area. In fact, Golden Valley's destination marketing association
promotes the area as "Minnesota's Sweet Spot."
Golden Valley has made great progress planning a healthy, sustainable, and resilient future.
The City’s 2040 Comprehensive Plan details significant initiatives in the areas of land use,
housing, transportation, water resources, parks and natural resources, resilience and
sustainability, and economic competitiveness.
More specifically, related to energy and sustainability planning, Golden Valley has actively been
engaged in several initiatives, including:
GreenStep Cities program
B3 Benchmarking program
SolSmart program
City 10-year Capital Improvement Program for Buildings, Equipment, Utilities
Planned Unit Development Zoning District
Solar Energy Systems
Wind Energy Conversion Systems
Outdoor Lighting
Separate from the initiatives planned by Golden Valley’s Energy Action Team, the City has been
engaged in several energy efficiency projects that may also contribute to a sustainable, resilient
energy future. As these initiatives and ideas become more concrete, we will add their
contributions to our greenhouse gas elimination results.
Figure 1: Skating rink, hockey rink, and sledding hill at Scheid Park, Golden Valley
Golden Valley Energy Action Plan 5
These programs are summarized below in Table 1.
Table 1: Additional Energy Efficiency Initiatives Supported by Golden Valley
Updates to the Statewide Commercial Building Energy Code
One of the City’s 2021 Legislative priorities is to support the advancement of energy code
standards at the state or local level for new commercial buildings. In December 2020, the
Department of Labor and Industry and the Department of Commerce released a report
titled Improving building energy efficiency in commercial and multifamily construction. With
input from experts and stakeholders, the report recommends instituting a framework for the
statewide commercial building energy code that ensures that all new commercial and large
multifamily construction is net-zero by 2036. Legislation will be proposed. The City will
monitor this legislation and may consider signing a letter of support.
Hennepin County Efficient Buildings Collaborative
This potential initiative brings together the County, Cities, and owners of large buildings to do
energy benchmarking. This will help owners understand the efficiency of their buildings in
depth and identify opportunities to improve efficiency and save money.
Green Building Guide
Considering ways to Incentivize the use of Green Building Guide techniques/materials on
residential building permits.
Sustainable Building Policy
May explore a policy for new developments and renovations receiving City financial support
or resources.
There are also several new ideas that have been generated by the Golden Valley Energy Action
Team that are being researched to assess feasibility and projected contribution to our plan’s
goals. These ideas are listed below in Table 2.
Table 2: Additional Ideas Under Consideration
Incentivizing Golden Valley car dealers to sell more EVs
Incentivizing businesses to add EV Chargers
Incentivizing businesses to add solar
Increasing the number of solar/wind permits issued in GV per year over 10 years
Facilitating a community solar garden for residents and others to buy into.
Analysis of off-site solar subscription options for the City.
Our Engagement & Outreach Process
Creating this Energy Action Plan was a five-month process involving support to help
characterize our energy use, identify our energy-related goals, and develop engaging strategies
to help us achieve our vision. A series of five online workshops began on August 25, 2020 and
ended on January 27, 2021. Our planning team committed to representing local energy priorities
in collaboration with City of Golden Valley and Xcel Energy’s Partners in Energy. By the
numbers, we engaged 13 participants, representing large and small businesses in Golden
Valley, a service organization, longtime residents, and community members active in several
complementary boards and commissions. We were also fortunate to have a representative from
CenterPoint Energy attend our workshops and offer valuable insights at each step of the
process. See Appendix C: Xcel Energy’s Partners in Energy Planning Process for more
information about the planning process and Xcel Energy’s Partners in Energy.
Golden Valley Energy Action Plan 6
Why We Want an Energy Action Plan
While Golden Valley’s 2040 Comprehensive Plan established a clear vision for the city’s future,
no specific numerical targets or goals for energy were set in the plan.
In addition, the City has limited resources and expertise to implement its energy initiatives and
engage with residents, businesses, and other stakeholders in the community without the
knowledge, tools, and assistance from partners like Xcel Energy.
The team was asked early on about why they believed an energy action plan was important.
Here are some of their perspectives.
The sustainability of our communities and the larger economy depend on
reimagining clean energy production and conservation.
A plan will allow the whole to be greater than the sum, meaning the individual work
being done toward sustainability and resiliency will have greater resources to create
greater change.
People want to save energy and save money and don't always know where to start.
Finding examples and roadmaps are helpful.
In the span of current generations, all of us will have to work together to solve
climate change for good — we are out of time.
Because educating the community as a whole regarding wise energy use will create
more good than sporadic individual efforts.
To help set an example and provide a template for business and residents to use the
tools available to become more efficient and sustainable energy users.
It would be irresponsible for us to ignore energy in our efforts to reduce carbon
emissions and create a more resilient and sustainable future for our community.
To create a future where all stakeholders benefit, we need to bring in all stakeholders
at the planning stage.
A Note to Readers
We understand that it can be a bit confusing to read through a document like this one, filled with
unfamiliar subject material and vocabulary. Appendix E: Glossary of Terms is a handy resource
to help define any terminology you may find unfamiliar. You will see references to appendixes
written to help you understand some of the background as key issues are discussed. Here’s a
brief recap of each section in this plan.
The first section of the plan, Where We Are Now, provides an overview of Golden Valley’s
current energy usage, explaining the differences in consumption between residential and
commercial/industrial users.
The next section, Where We Are Going, shares our vision for Golden Valley’s energy future
along with the focus areas where we will concentrate our efforts.
Golden Valley Energy Action Plan 7
Having shared our vison and focus areas, the next section, Goals, sets measurable targets for
our plan including the timeline for its completion.
Next is the largest of the sections, How We Are Going To Get There. This is where you’ll find a
review of the strategies to be used within each of the focus areas, along with a discussion of
tactics, an overview of how the plan will evolve over time, and a recap of the anticipated impact
of the plan.
And finally, How We Stay On Course, rounds out the plan with an explanation of the ways that
the City and Partners in Energy will work together to implement the plan during the
implementation phase of our Partners in Energy relationship.
This plan is structured so that it answers five questions that are critical for making certain that
we’ve considered all the issues needed for a plan that creates the results that we want. Those
questions align with terms that may be familiar to you. Occasionally, these terms may be used
differently by different organizations.
Table 3, below, should help you navigate through the document more easily.
Table 3: Plan Structure
Where does it
fit in the plan?
Where is it discussed
in this document?
1. What should Golden Valley’s
energy future look like? VISION Where We Are Going
Page 13
2. How will we know if we are
successful? GOALS Goals
Page 17
3. How will we focus our efforts to
achieve our goal? FOCUS AREAS
How We Are Going To Get There
Page 18
4. What can we do to maximize
the impact of this focus area? STRATEGIES
5. What will we do to deliver on
the strategy? TACTICS
Golden Valley Energy Action Plan 8
WHERE WE ARE NOW
An integral part of the Partners in Energy planning process is reviewing historic energy data that
informs our community’s energy baseline. Xcel Energy and CenterPoint Energy provided data
on energy use, participation counts, and utility energy conservation program savings for Golden
Valley as detailed in the following sections. See Appendix A: Baseline Energy Analysis for a
comprehensive picture of Golden Valley baseline energy data. Also, see Appendix E: Glossary
of Terms for any needed clarifications on energy vocabulary.
Energy Use
Golden Valley’s electricity and natural gas are consumed by 9,872 residential premises and 990
commercial or industrial premises.1 There are also a small number of municipal premises, the
impact of which is minimal by comparison. Municipal premises are not included for analysis in
the plan moving forward.
While there are far fewer commercial and
industrial premises in Golden Valley
compared to residential, their share of
energy consumption is quite high.
Commercial and Industrial premises
account for less than 10% of all premises
in Golden Valley, but they use 76% of all
electricity and 58% of all natural gas
1 A “premise” is defined as a unique combination of service address and meter. More detail is available in Appendix
E: Glossary of Terms.
Figure 3: Golden Valley Premises by Type
Residential;
9,872
Commercial and
Industrial; 990
Municipal; 88
Total Premises: 10,950
Figure 2: Golden Valley City Hall
Golden Valley Energy Action Plan 9
consumed, demonstrating their crucial role in improving energy efficiency and avoidance of
greenhouse gas emissions.
Using British thermal units to consider energy use by sector with an equivalent measure, the
commercial and industrial sector clearly consumes most of the energy in Golden Valley.
Accomplishing the goals of this plan will require a team effort, with consistent effort to reduce
energy consumption among residents and businesses alike. Relying solely on one sector for
progress is simply not feasible. Also, while municipal consumption is small by comparison, it will
remain critical for the City to demonstrate leadership, continuing to capitalize on efficiency
opportunities, reduce consumption, and promote and develop renewable energy where
possible.
Residential
41%
Commercial
and Industrial
58%
Municipal
1%
2019 Natural Gas by sector
Figure 4: Golden Valley Natural Gas
Consumption by Sector
Residential
23%
Commercial
and
Industrial
76%
Municipal
1%
2019 Electricity by sector
Figure 5: Golden Valley Electricity Consumption
by Sector
Golden Valley Energy Action Plan 10
Greenhouse Gas Emissions
During the three-year baseline period (2017, 2018, and 2019), greenhouse gas emissions
resulting from Golden Valley’s consumption of electricity and natural gas averaged 226,090
metric tons of carbon dioxide equivalent (MTCO2e) annually. 2 The balance of residential
compared to commercial and industrial sources of greenhouse gas emissions reflect the
commercial and industrial sector’s substantial energy consumption and vital importance to
efforts to successfully reduce emissions and improve efficiency.
Figure 7: Baseline Greenhouse Gas Emissions
by Energy Type
Figure 8: 2019 Greenhouse Gas Emissions by
Premise Type
2 See Appendix E: Glossary of Terms for more detail on the MTCO2e abbreviation.
Residential
1,089,269
34%
Commercial and
Industrial
2,061,002
65%
Municipal
20,215
1%
Energy Consumption by Sector
Baseline Average,
3,170,047 MMBtu Total
Figure 6: Golden Valley Baseline Energy Consumption (MMBtu)
31%
68%
1%
Residential
Commercial / Industrial
Municipal
219,982 235,723 222,422
-
50,000
100,000
150,000
200,000
250,000
2017 2018 2019Metric Tons CO2Natural Gas Electricity
Golden Valley Energy Action Plan 11
Many factors influence changes in greenhouse gas emissions from consumption of electricity
and natural gas from year to year, such as changes in weather impacting the demand for
cooling and heating each year. Most notably, Xcel Energy has set a goal to serve customers
with 100% carbon-free electricity by 2050. As Xcel Energy adds more carbon-free energy
sources to the fuel mix, including wind and solar energy, greenhouse gas emissions generated
from the production of the electricity consumed will decline. See Figure 9 showing how Xcel
Energy's emissions reduction plan through 2050 and visit xcelenergy.com/carbon to learn more.
CenterPoint Energy is also pursuing several major new clean energy initiatives in Minnesota to
reduce greenhouse gas emissions attributed to the natural gas sector. See Appendix F:
CenterPoint Energy overview of greenhouse gas mitigation projects for more information.
Renewable Energy
Support for renewable energy in Golden Valley is represented in several different ways.
Subscription programs offer the opportunity to support renewable energy and avoid the
expenses of equipment, installation, maintenance, and depreciation. On-site and community
solar offer a different menu of benefits, and Golden Valley residents also see value in these
options. Table 4 illustrates how Golden Valley residential and commercial and industrial
premises support renewable energy.
Figure 9: Xcel Energy's Carbon Reduction Plan
Golden Valley Energy Action Plan 12
Table 4: 2019 Golden Valley Renewable Energy Use3
Renewable Energy Program Residential
Commercial &
Industrial
Windsource®
Subscriber Count 570 8
Total Annual Electricity Subscribed (kWh) 1,996,338 9,203,491
Percentage of Sector Electricity Use 3% 4%
Renewable*Connect®
Subscriber Count 48 1
Total Annual Electricity Subscribed (kWh) 373,934 104,532
Percentage of Sector Electricity Use 1% <1%
Solar*Rewards®**
Participant Count 52 71
Total Annual Electricity (kWh) 268,253 338,484
Percentage of Sector Electricity Use <1% <1%
Solar*Rewards Community®**
Participant Count 259 11
Total Annual Electricity (kWh) 1,501,667 9,226,027
Percentage of Sector Electricity Use 2% 4%
Total Renewable Energy Support
Subscriber / Participant Count 929 91
Total Annual Electricity (kWh) 4,140,192 18,872,534
Percentage of Sector Electricity Use 6% 8%
Importantly, these data do not reflect any purchases of renewable energy from outside of Xcel
Energy’s service territory, which accrue to the benefit of large enterprises headquartered in
Golden Valley. We are aware anecdotally of this behavior, but, since data privacy regulations
only allow analysis of aggregated data, it’s not feasible to identify the extent to which this
arrangement exists.
Program Participation & Savings
Residential and commercial and industrial premises in Golden Valley participate in several
efficiency programs offered by their utilities. Most usage of efficiency programs, and most of the
savings, are concentrated in a small number of the many available options.
Of the nearly 40 residential energy efficiency programs offered by Xcel Energy, there are five
which account for 94% of annual electricity efficiency improvements.
3 Data note: 2019 participation, Xcel Energy programs only, classification done by community facilitators
Golden Valley Energy Action Plan 13
Similarly, six programs targeted at commercial and industrial premises account for 88% of
energy efficiency improvements in the sector.
Table 5: Baseline Average Annual kWh Savings
by Residential Program
Residential Program kWh Saved
Residential Heating 116,146
Residential Cooling 67,534
Home Energy Squad® 52,038
Refrigerator Recycling 47,528
Multi-Family Energy
Savings
12,389
“Big 5” Average Annual
Savings
295,635
% of Total Annual kWh
Savings
94%
Table 6: Baseline Average Annual kWh Savings
by Commercial and Industrial Program
Commercial and
Industrial Program kWh Saved
Lighting Efficiency 2,870,039
Energy Design Assistance 893,642
Small Business Lighting 827,721
Efficiency Controls 686,558
Recommissioning 487,853
Data Center Efficiency 452,552
“Big 6” Average Annual
Savings
6,218,365
% of Total Annual kWh
Savings
88%
Golden Valley Energy Action Plan 14
WHERE WE ARE GOING
Energy Vision Statement
During the planning process, the Energy Action Team created a vision statement for this Energy
Action Plan.
This statement helped guide the planning process and reflects the intention of the community.
Golden Valley will be a more sustainable and resilient community
where the benefits of using and sourcing energy wisely
accrue equitably to every resident, business, and visitor.
Focus Areas
To achieve a community-wide commitment to energy stewardship, the Energy Action Team
identified the following focus areas to prioritize strategies and resources:
Reducing high energy cost burden
Improving energy efficiency
Supporting clean energy
These focus areas are the most logical choices to reflect the team’s priorities as stated in the
energy action plan vision. They are broad in scope largely due to challenges and opportunities
that Golden Valley is facing, and the strategies we use to support them will deliver focused
results designed to accomplish our goal.
Figure 10: Basset Creek, Golden Valley
Golden Valley Energy Action Plan 15
Reducing High Energy Burden
The U.S. Department of Energy defines energy burden as the percentage of gross household
income spent on energy costs. The American Council for an Energy Efficient Economy
(ACEEE) defines percentages of gross household income that constitute high or severe energy
burden at 6% and 10%, respectively.4
According to the Department of Energy’s five-year running average data, Golden Valley has
more than 750 households experiencing an energy burden of 15%.5 Another 1,271 households
are reported experiencing 5% energy burden, nearly at ACEEE’s high-burden benchmark.
Perhaps the easiest approach to putting this in perspective is that roughly one in five Golden
Valley homes are either very close to high energy burden or well past it. It should be noted that
these data were collected prior to the COVID-19 pandemic6. As the Department of Energy
updates this information, we can expect the pandemic’s influence on household income to come
into sharper focus.
7 8
While Figure 11 above illustrates the average energy burden per household, the issue comes
into clearer focus looking at the number of households in each of these income segments. As
4 https://www.aceee.org/sites/default/files/pdfs/ACEEE-01%20Energy%20Burden%20-%20National.pdf
5 https://www.energy.gov/eere/slsc/maps/lead-tool?mapSearchInput=Golden+Valley#
6 According to the Census ACS 1-year survey, the median household income for Minnesota was $74,593 in 2019.
7 https://www.energy.gov/eere/slsc/maps/lead-tool?mapSearchInput=Golden+Valley#
8 Ibid
762
1,271
732
658
5,849
0 2000 4000 6000 8000
0% - 30%
30% - 60%
60% - 80%
80% - 100%
100%+
Figure 12: Golden Valley Number of Households
by % of State Median Income
15%
5%
4%3%1%
0
4
8
12
16
0% -
30%
30% -
60%
60% -
80%
80% -
100%
100%+% Energy BurdenAvg. Gas Energy Burden
Avg. Electricity Energy Burden
Figure 11: Golden Valley Energy Burden by HH
% of State Median Income
Golden Valley Energy Action Plan 16
Figure 12 illustrates, Golden Valley is fortunate in that severe energy burden is faced by a
relatively small percentage of all households in the City, but the fact remains that likely more
than 1,000 Golden Valley households are experiencing high or severe energy burden today.
Improving Energy Efficiency
The notion of wise, thoughtful energy use in the vision statement has been a key element
motivating Golden Valley’s Energy Action Team. Using energy efficiently is crucial to making
meaningful progress toward reducing greenhouse gas emissions over the next 10 years. In fact,
it is the most cost-effective greenhouse gas mitigation method available.
Figure 13 below illustrates that residential energy efficiency savings have been at a steady state
for two of Golden Valley’s baseline years, while commercial and industrial energy savings have
varied year to year. This is a common condition due to the greater variety of commercial and
industrial energy users and their unpredictable usage of available energy efficiency programs.
Commercial and industrial energy users
in Golden Valley will be crucial to
accomplishing our energy efficiency
goals. Figure 14 illustrates the large
share of total energy consumed in the
sector. While commercial and industrial
users are difficult to predict, even
modest improvements in efficiency
program participation can deliver
impressive results.
Most savings in this sector are driven by
participation in a relatively small number
of programs. See Table 6 above on page
13. These few programs also tend to
Figure 13: Golden Valley Total Energy Savings by Sector
Figure 14: Golden Valley Energy Consumption by Sector
Golden Valley Energy Action Plan 17
deliver the greater savings per premise than their less popular counterparts. By focusing on
these programs, we’ll be able to increase participation while maximizing energy savings.
Attempting to improve participation in less popular programs runs the risk of improving activity
levels at the expense of maximizing savings.
Supporting Clean Energy
While the subjects of sustainability and resilience are far broader than the scope of this energy
action plan, our team understood a clear connection between those ideas and support for clean
energy in Golden Valley. Clean energy supports sustainability and resilience whether it’s
considered in a broad context or one more limited to the boundaries of Golden Valley.
Xcel Energy has made commitments to reduce carbon-based fuels and increase its use of clean
energy sources for electricity generation, ultimately pledging to be 80% carbon neutral by 2030
and 100% carbon neutral by 2050.9 This historic change in the way electricity is generated
contributes significantly to mitigation of the impacts of greenhouse gasses in our atmosphere,
helping to create a more sustainable climate well into the future. CenterPoint Energy’s goals
include a 70% reduction by 2035 in operational carbon emissions and a 20%–30% reduction by
2035 in emissions attributable to natural gas used by customers.10
Closer to home, as Golden Valley homes and businesses embrace clean energy by supporting
renewable sources of generation, each one adds not just to a sustainable climate, but also to a
more resilient community. Whether via subscription, on-site, or in proximity as with solar
gardens, using renewable energy builds resilience, reduces our commitment to finite fuel
sources, and creates a resilient power source more capable of delivering energy in the event of
disruption of our infrastructure.
9 Learn more at https://www.xcelenergy.com/carbon_free_2050
10 https://www.centerpointenergy.com/en-us/Documents/Sustainability/Carbon-Policy-Fact-Sheet_MN.pdf
Golden Valley Energy Action Plan 18
GOALS
Working together, the Team set goals for each focus area to measure success. They are
challenging, and meeting their potential is not guaranteed. Despite the challenge, we believe
these are the right goals, because our opportunity is so great.
Eliminate 65,000 tons of greenhouse gas
emissions through electricity and natural
gas savings in Golden Valley in the next
10 years — exclusive of Xcel Energy’s grid
decarbonization efforts. A reduction of
approximately 30% vs. baseline.
Add an estimated $8.8 million in first year
energy savings to Golden Valley’s
economy in 10 years with savings that
residents and businesses will see from more
efficient use of energy.
Help Golden Valley households most
severely impacted by the costs of energy.
We will both make certain that these
households are aware that help is available
and help them to navigate the steps
necessary to get the help they need.
Figure 15: Brookview Pond, Golden Valley
Golden Valley Energy Action Plan 19
HOW WE ARE GOING TO GET THERE
Focus Area: Reducing High and Severe Energy Burden
Strategy 1: Locate High Energy Burden Households
Description
Our first challenge is to locate households in Golden Valley who are
confronting high and severe energy burden. We will use a variety of tactics to
develop a profile identifying households with a high propensity to be energy
burdened:
Outreach to school social workers in Golden Valley will allow us to send messaging
home with students receiving free or reduced meal benefits.
Analysis conducted by Golden Valley’s mapping specialist has identified homes in
Golden Valley valued at $200,000 or less that are at least 60 years old and have not
been issued a building permit in 30+ years.
Early outreach to social service organizations in Golden Valley has also indicated that language
barriers may be substantial. In addition to English and Spanish, we have learned that a number
of these organizations’ clients speak Russian as their primary language.
Target Audience
As we learn more about the demographics of those facing high and severe energy burden in
Golden Valley, our target audience definition will become clearer. These key facts are the
foundation of our demographic understanding.
High energy burden household income
High energy cost burden is defined as home energy costs amounting to more than 6%
Figure 16: Electric Vehicle Charging in Golden Valley
Golden Valley Energy Action Plan 20
but less than 10% of monthly household gross income. As Figure 17, below, indicates,
average energy burden for the 1,271 households in the 30%–60% of state median
income cohort is 5%. Presuming a standard distribution, we can hypothesize that close
half of that group is at or above 6% energy cost burden (636 homes).
Since the 60%–80% cohort in Figure 17 shows an average energy burden of 4%, we
presume that few, if any, in this group are experiencing high energy cost burden.
In 2019, Minnesota’s median household income was $74,593.11 Thus, we expect
household income among high energy cost burdened households to be no more than
$44,756 (60% of $74,593).
Severe energy burden household income
Similarly, Figure 17 indicates that severely energy cost burdened households will have
annual income less than 30% of the state median income, or $22,378 — which is $1,865
monthly ($11.65 per hour for four 40-hour weeks).
Scope
As illustrated in Figure 17, the U.S. Department of Energy estimated 762 severely
energy-burdened households in Golden Valley in 2018. Another 1,271 were at or
approaching high energy burden.12 While the overall average energy burden in Golden
Valley is typical of similar communities, this data illustrates that over 10% of Golden
Valley households are confronting the challenges of high or severe energy burden.
11https://data.census.gov/cedsci/table?q=Minnesota%20State%20Median%20Income&tid=ACSST1Y201
9.S1901&hidePreview=false
12 https://www.energy.gov/eere/slsc/maps/lead-tool
9%
3%2% 2%1%
6%
2%2%1%1%
762
1,271
732
658 5,849
0%
6%
12%
18%
0% - 30% 30% - 60% 60% - 80% 80% - 100% 100%+% Energy Burden% State Median Income
Avg. Electricity Energy Burden Avg. Nat. Gas Energy Burden Housing Counts
Figure 17 - Golden Valley Energy Burden and Housing Counts
Golden Valley Energy Action Plan 21
Apart from objective demographic measures, there are also likely to be conditions in these
households that will complicate this task. Low-paying employment may mean that adults are
working more than one job at odd hours. Simply finding decision makers at home can be a
challenge. Additionally, working multiple shifts of the day makes it more difficult to connect with
financial decision makers during business hours.
Finally, we expect that cultural barriers, previous negative experiences interacting with service
providers, or fear of interactions with outside agencies may inhibit some residents from asking
for assistance.
According to the Department of Energy’s research, half of the households experiencing energy
burden are owner-occupied.13 Given our understanding of the age distribution in Golden Valley
(21.7% over 6514), we hypothesize that some in this category may be long-time residents who
have lived in their home a very long time but may now be struggling to keep things together on a
fixed income, or current owners may have inherited the home from a deceased family member,
unintentionally raising their living expenses. See Figure 18 below.
Desired Outcomes
Our short-term goal is to build a reliable process for locating households likely to benefit from
the resources available. During the first 18 months of implementation, with assistance from Xcel
Energy’s Partners in Energy, we will build a process to identify likely energy-burdened
households using:
Outreach to social service organizations serving this community in Golden Valley;
13 https://www.energy.gov/eere/slsc/maps/lead-tool US Dept. of Energy Low-Income Energy Affordability
Data (LEAD) Tool Data (housing only) comes from the U.S. Census Bureau's American Community
Survey 2018 Public Use Microdata Samples.
14 2019 ACS Five-Year Estimates Subject Tables
405 470
192
699
0
300
600
900
1,200
0-30% SMI 30-60% SMIHouseholdsEnergy-Burdened Homes
Renter vs. Owner-Occupied
Renter Occupied Owner Occupied
Figure 18: Golden Valley Energy Burden: Housing Counts, Renter vs. Owner-Occupied
Golden Valley Energy Action Plan 22
Partnering with organizations delivering energy-related resources to these households
(e.g., Hennepin County Community Action Partnership); and
Local publicity.
Resources
City of Golden Valley’s current Minnesota GreenCorps member, Story Schwantes, has been a
valuable resource already, beginning the hard work of contacting organizations, building
relationships, and partnering with City resources for assistance. Her engagement with the City
ends this summer. Further development and maintenance of this initiative requires full-time
focus that cannot be accomplished by volunteers.
Roles and Responsibilities
Partners in Energy will provide communication materials to help familiarize stakeholder groups
with this initiative and motivate their support. Should Golden Valley’s Communications group
lack bandwidth to support local social media and other publicity tasks, Partners in Energy will
provide support in this area as well.
As the restrictions of the pandemic ebb, the City of Golden Valley and the Energy Action Team
anticipate opportunities to conduct tabling events in high-likelihood neighborhoods and will
identify volunteer support to implement this tactic.
Timeline
Beginning in June 2021, the City and Partners in Energy will begin implementing a publicity plan
to facilitate this strategy. Success will be measured by requests for information from potential
clients during the first six months of the plan. We will also supplement ongoing publicity with
concentrated outreach at the beginning of heating season, when energy burden becomes most
apparent and applications begin to be accepted for winter energy assistance. Moving into 2022,
we will develop process steps to help identify candidate households on an ongoing basis to
build a pipeline of likely clients.
Strategy 2: Educate Clients
Description
This strategy will raise awareness of the resources that are available to help
households struggling with energy burden in Golden Valley. Once identified via
Strategy 1, these households will need outreach to make them aware and to
address any misgivings or reluctance they may have about asking for help.
Target Audience
We also need to prepare for language barriers that likely exist for some of these households,
which will become particularly relevant as we begin the process of reviewing somewhat
complicated assistance options. Early research conducted by Golden Valley’s Minnesota
GreenCorps member indicated that there are many Russian speakers among clients of social
service organizations.
Desired Outcomes
The desired outcome of this strategy is to effectively communicate with energy burdened
households. Our standards for effective communication will be based on percentage of the
energy burdened population reached in any manner, percentage of the population counseled
individually, and percentage of those counseled who take advantage of some or all of the help
available.
Golden Valley Energy Action Plan 23
Resources
Outreach will use several different techniques, including targeted mailings in high likelihood
neighborhoods, publicity channels available through the City, and partnering with local social
service organizations. Printed materials will be needed to support outreach available in English,
Spanish, Russian, and perhaps additional languages. Given the characteristics of many of these
households, we expect that this will be a lengthy process, requiring volunteers and City staff to
dedicate time to conduct effective outreach.
Roles and Responsibilities
Partners in Energy will provide communication materials for flyers, social media and in-person
events, as needed. City of Golden Valley will coordinate volunteers and staff to adequately
conduct outreach to this population.
Timeline
We expect to begin this process as a natural progression from Strategy 1, above. As
opportunities present themselves, we will begin educational outreach, with progress seen before
heating season begins in fall of 2021. One-on-one education offerings will likely be replaced by
small group meetings as the pandemic subsides and awareness of this offering spreads.
Strategy 3: Coordinate Service Delivery
Description
The purpose of this strategy is to help energy burdened households follow
through and receive the help that is available. In addition to the Energy
Assistance Program administered by the Hennepin County Community Action
Partnership, clients will be encouraged to take advantage of the Home Energy
Savings Program or Multi-Family Energy Savings Program via their landlords.
Target Audience
More of a psychographic than demographic insight, we hypothesize that many potential
beneficiaries may not be able to successfully navigate the processes necessary to receive help.
Whether it’s work schedules, language barriers, or other limited capabilities, one of the largest
impediments to getting help can be the process of asking for it.
Desired Outcomes
Our desired outcome is to facilitate the process of asking for and receiving help, so that no one
who asks for help fails to receive it because of barriers that could be overcome with the
assistance of someone to navigate the process with them.
Resources/Communication Channels
This is “high-touch” strategy that will require tenacious follow-up and advocacy on the part of a
designated individual or group within city government, supported by a small group of volunteers.
Roles and Responsibilities
Partners in Energy will help to develop training materials that will list all the resources available
to energy burdened households. The City of Golden Valley will determine how best to staff and
manage this strategy and assure that assistance is delivered consistently.
Timeline
This will be an ongoing initiative that begins as education efforts begin to become productive
and motivate these households to get help.
Golden Valley Energy Action Plan 24
Focus Area: Improving Energy Efficiency
Strategy 4: Conduct Residential Outreach
Description
This strategy will prioritize outreach with energy efficiency opportunities to the
homes in Golden Valley most likely to benefit. Over time, outreach will extend
to additional homes in the order of the benefits to be gained.
Target Audience
Homes in Golden Valley will be prioritized based upon age. With so many homes built long
before energy efficiency initiatives were included in building codes (61% built before 1970),
there is ample opportunity to help homeowners make changes and improvements that will have
a significant impact on their energy usage, energy costs, and comfort at home.
Desired Outcomes
This strategy, and most in the energy efficiency focus area, uses historical participation rates in
various utility-sponsored efficiency programs as a baseline from which to set goals and desired
outcomes. We also have analyzed those programs that have the greatest efficiency potential
and prioritized them for greater activation.
37%
24%
15%
9%
6%
8%
1%
1959 or earlier 1960 to 1969 1970 to 1979 1980 to 1989 1990 to 1999 2000 to 2009 2010 or later
Figure 19: Golden Valley Homes: Percentage Built by Decade
Golden Valley Energy Action Plan 25
We are targeting each the programs listed above for 2.5% growth in annual participation
between 2021 and 2031. Our plans presume participation in other residential energy efficiency
programs at baseline average rates.
Table 7: Key Residential Efficiency Programs — Annual Participation Targets
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Home Energy Squad 41 42 43 44 45 46 48 49 50 51 52
Refrigerator
Recycling 62 64 65 67 68 70 72 74 76 77 79
Residential Cooling 191 196 201 206 211 216 222 227 233 239 244
Residential Heating 173 177 182 186 191 196 201 206 211 216 221
CenterPoint
Low-Income
Weatherization 2 2 2 2 2 2 2 2 2 2 3
CenterPoint Home
Insulation Rebates 16 16 17 17 18 18 19 19 19 20 20
CenterPoint Home
Efficiency Rebates 367 376 386 395 405 415 426 436 447 458 470
CenterPoint DIY
Home Efficiency 105 108 110 113 116 119 122 125 128 131 134
Resources
Targeted communication, focusing on the residents most likely to benefit from each program will
be important to delivering our desired participation rates. Additionally, the City may want to
consider incentivizing participation in Home Energy Squad as a number of other communities
have done recently. This is a very effective technique for creating more interest and
participation.
Inexpensive communication channels with broad coverage, such as Golden Valley’s social
media capabilities, can be used as a foundation for the communication plan, but there will need
to be focused outreach to build awareness among several subgroups. Groups less likely to use
social media, or groups that use social media in a limited context, may miss Golden Valley’s
digital outreach altogether.
Residential Programs
Xcel Energy and CenterPoint Energy Home
Energy Squad
Xcel Energy Refrigerator Recycling
Xcel Energy Residential Cooling
Xcel Energy Residential Heating
CenterPoint Low-Income Weatherization
CenterPoint Home Insulation Rebates
CenterPoint Home Efficiency Rebates
CenterPoint DIY Home Efficiency
Figure 20: Highest potential residential energy efficiency programs
Golden Valley Energy Action Plan 26
Analog media (newsletters, postcards, handouts, flyers, tabling, etc.) will be a necessary
element of the communications plan to adequately publicize these efficiency opportunities to
less digitally engaged residents.
Roles and Responsibilities
Partners in Energy will create materials to be used in these outreach initiatives, both for digital
and analog media opportunities. City of Golden Valley will be responsible for adequately
engaging with residents who are difficult to reach.
Timeline
Outreach can begin shortly after commencement of the plan’s implementation phase. Since
interest in residential energy efficiency peaks during heating season, outreach will focus on
concentrated messaging during three periods (heating season kickoff, holidays at home, and
“worst of winter”) These initiatives will continue annually, expanding to more recently built
neighborhoods throughout the duration of the plan.
Efficiency messaging and opportunities to participate in a variety of efficiency and rebate
programs will be scheduled during spring, summer, and early fall.
Strategy 5: Conduct Business Outreach
Description
This strategy will prioritize outreach with energy efficiency opportunities to the
businesses in Golden Valley that may not have been able to maximize energy
efficiency in the same ways that many larger businesses in Golden Valley
have. When commercial and industrial premises reach a threshold level of
energy consumption, they gain access to additional services from their utilities to help them use
energy efficiently. Additionally, many large enterprises have full-time staff fully dedicated to
maximizing operating efficiency.
Relatively smaller firms still use a substantial amount of energy and can benefit from efficiency
programs offered by utilities. In many circumstances, greater use of these programs is simply
limited by lack of awareness. We see strong opportunity to improve efficiency for this cohort,
which offers benefits not simply in terms of energy efficiency but also in enhanced profitability
for participants as well.
Target Audience
Like many communities, there is a wide disparity between the largest and smallest commercial
and industrial energy users. Looking at these premises by quintile, clustering commercial and
industrial premises into five groups from the largest to the smallest, shows that the largest users
are currently using, and saving a disproportionate share of energy in this sector.
Golden Valley Energy Action Plan 27
The remainder of users represent 830 of the 1,038 commercial and industrial premises in
Golden Valley. While we expect that the largest quintile will continue to deliver savings over time
at rates similar to their past behaviors, we see great potential to improve efficiency among those
in the “all others” category.
Desired Outcomes
This strategy also uses historical participation rates in various utility-sponsored efficiency
programs as a baseline from which to set goals and desired outcomes. We also have analyzed
those programs that have the greatest efficiency potential and prioritized them for greater
activation.
We are targeting each the programs listed below for 2.5% growth in annual participation
between 2021 and 2031. Our plans presume participation in other commercial and industrial
energy efficiency programs at baseline average rates.
Business Programs
Xcel Energy Cooling Efficiency
Xcel Energy Lighting Efficiency
Xcel Energy & CenterPoint Energy Multi-Family Building Efficiency
Xcel Energy Small Business Lighting
CenterPoint C&I Rebates
Figure 23: Targeted Business Programs
22,181
2,561
0
10,000
20,000
30,000
Top Quintile All OtherskWhThousandsGolden Valley Commercial /
Industrial Energy Savings
2017 – 19 (kWh)
Figure 22: Top 20% of Golden Valley C/I
premises benefit from 90% of sector electricity
savings
215,262
22,726
-
75,000
150,000
225,000
Top Quintile All OtherskWhThousandsGolden Valley Commercial /
Industrial Electricity Usage
2019 (kWh)
Figure 21: Top 20% of Golden Valley C/I
premises use 90% of sector electricity
Golden Valley Energy Action Plan 28
Table 8: Key Business Efficiency Programs — Annual Participation Targets
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Cooling Efficiency 12 13 13 13 14 14 14 15 15 15 16
Lighting Efficiency 71 72 74 76 78 80 82 84 86 88 91
Multi-Family Building
Efficiency 1 1 1 1 1 1 1 1 1 1 1
Small Business
Lighting 42 43 44 45 46 48 49 50 51 52 54
CenterPoint Rebates 98 101 106 111 117 123 129 135 142 149 156
Resources
We will leverage relationships with community connectors such as the Golden Valley Business
Council, TwinWest Chamber of Commerce, and Rotary Club of Golden Valley to facilitate
communications with our target audience. Outreach in the form of newsletters via the Chamber
and any other available lists of businesses in Golden Valley will create reliable channels for
publicizing opportunities and celebrating beneficiaries of these programs.
Roles and Responsibilities
Partners in Energy will prepare communications materials for use during outreach in support of
this strategy. Xcel Energy may be able to email appropriate customers for this initiative as well.
The City of Golden Valley and Energy Action Team volunteers will be responsible for conducting
outreach, hosting meetings, and building relationships with local businesses through the
organizations listed above in the Resources section.
Timeline
Outreach will begin as soon as the implementation plan is approved. The Energy Action Team
was quite clear about the long lead times that often are associated with a business’s capital
improvements. We expect to build some “quick wins” with concentrated efforts to publicize
business efficiency programs to many who may simply be unaware of their opportunities, paired
with longer-term activities as well.
Focus Area: Supporting Clean Energy
Strategy 6: Subscription Options
Description
Encouraging residential and business support of renewable energy is
foundational to the success of this plan, and promoting renewables is likely to
be the most easily adopted way to do so. We will leverage the advantages of
renewable subscriptions including the simplicity of joining programs like
Windsource® and more significantly, the participants’ ability to avoid the upfront
expense of purchase and installation of on-site alternatives, along with ongoing
maintenance and eventual replacement of equipment.
Target Audience
Residents will be encouraged to make a small monthly commitment to Golden Valley’s Energy
Action Plan goals by purchasing some or all their home electricity via Windsource. For as little
Golden Valley Energy Action Plan 29
as an additional $5 per month, families can join their neighbors in making real progress toward a
clean energy future.
Small and medium-sized businesses in Golden Valley will be encouraged to participate in
Windsource as a part of either their brand reputation strategies or simply as a tangible goodwill
investment in their reputation as valuable members of Golden Valley’s business community.
There is ample evidence that support for renewable energy is fast becoming an attractive brand
attribute. During our workshops, we learned that many new apartment complexes use rooftop
solar arrays, not only because they may save money, but because they appeal to potential
renters.
Tactics under consideration
During brainstorming activities conducted as part of Partners in Energy Workshops, Energy
Action Team members contributed the following ideas. These will be included in our
implementation plans.
Conduct an outreach campaign promoting the benefits of renewable energy
subscriptions. Use City communication channels and social media and consider a
neighborhood-based challenge to hit target sign-ups. To help promote the campaign, the
City could consider paying the first month of the subscription up to a cap or offer a gift
card for every 10 other Golden Valley residents you refer.
Launch a student video contest to promote the benefits of clean energy. Work with
schools and other clubs within the city to engage youth in promoting renewable energy
and energy efficiency.
Conduct a green business award and recognition program. Work with the Golden
Valley Business Council, TwinWest Chamber of Commerce, and Rotary Club of Golden
Valley to promote the local businesses and investigate financial opportunities.
Consider hosting or locating a one-stop technical assistance resource for businesses
looking to get started in renewable energy.
Start a business mentoring program, inviting large businesses using renewables to
mentor a smaller local firm who’s unfamiliar with how to get started using renewable
energy.
Desired Outcomes
The plan presumes an annualized 2.5% growth rate for renewable energy used in Golden
Valley. Goals are predicated on baseline usage rates. Since this plan will commence midyear
2021, we’ve budgeted half the baseline rate for 2021, a return to baseline in 2022, and 2.5%
growth thereafter.
Also, while Renewable*Connect® is currently closed to new subscribers, we anticipate that it will
re-open at some point. 15 Its popularity may compensate for any delays in additional
subscriptions, so we’re assuming a normal growth rate over the 10-year period.
15 Note: Renewable*Connect® is currently fully subscribed and unavailable for new subscriptions. This
condition may change in the future, and if it does, Renewable*Connect® will be included in this initiative.
Golden Valley Energy Action Plan 30
Figure 24: Golden Valley Renewable Energy Subscription Plan
Resources
In addition to any existing Windsource® or Renewable*Connect® promotional materials being
used by Xcel Energy or within Partners in Energy’s archive, consistent additional outreach to
Golden Valley residents and businesses will be critical. This should be a broad-reach
messaging plan (perhaps using direct mail) supported by in-person education and advocacy
publicity opportunities, such as tabling at Golden Valley events, neighborhood “captains”
communicating one to one.
This will also require close liaison with the business community either through regular
association meetings, stand-alone events, or “business blitz” events — in which Energy Action
Team volunteers target a business corridor and conduct drop-in visits to publicize renewable
opportunities and their value.
Roles and Responsibilities
Partners in Energy will assist in creation of any needed promotional materials as requested and
will provide leadership and best practice advice on business outreach based on previous
experience in similar communities. Golden Valley will coordinate volunteers for local outreach
initiatives, use existing community newsletters and other proprietary communication vehicles
(e.g., Twitter and Facebook presence) to consistently support the initiative. Volunteers may be
sourced from the Golden Valley Energy Action Team or from the business and fraternal
organizations with whom we will partner to execute these initiatives.
Timeline
Planning and execution will begin as one of the early priorities of plan implementation. Activities
will be concentrated around quarterly efforts to build subscriptions, using a combination of digital
and analog communications, events, and tabling (as feasible with regard to COVID-19
protocols).
5,839
14,585
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031Renewable kWhThousandsGolden Valley Renewable Energy Subscription Plan
2021–2031
Total residential Windsource subscription, kWh Total residential Renewable*Connect, kWh
Total commercial Windsource subscription kWh Total commercial Renewable*Connect, kWh
Golden Valley Energy Action Plan 31
Strategy 7: “Near-Site” and On-Site Renewable Energy Support
Description
Some residents and businesses in Golden Valley may prefer on-site or “near-
site” renewable energy opportunities to the subscription model described in
Strategy 6, above. On-site solar, in particular, is attractive to many because it
offers a resilience advantage in the event of a major disruption to the power
grid. As mentioned previously, many businesses also appreciate the fact that
on-site solar can enhance their brand reputation.
There are cost premiums associated with on-site solar in the form of purchase, installation,
maintenance, and eventual replacement expense. For residents and businesses willing to
invest, there is good news in that costs have been decreasing and payback periods are shorter
than they were just a few years ago. In addition, at the time of plan approval, federal tax credits
are available for on-site solar systems.
Experts in the field on Golden Valley’s Energy Action Team have cautioned that payback
periods are still far longer than what is deemed acceptable under general practice by most large
enterprises. If an enterprise can value the reputation enhancement that accrues to its brand
because of its investment in on-site solar, that value can be added to the payback calculation
and may tip the balance in favor of the investment.
“Near-site” renewable options are facilitated by third-party organizations who offer a variety of
contractual arrangements to customers in return for a share of the generated electricity’s value.
These solar gardens offer convenience and low initial cost advantages to on-site alternatives
but may not allow the customer to retain the renewable energy credits that represent the green
attributes of the generated electricity.
Xcel Energy offers support to residents and businesses who wish to participate in solar gardens
or to install on-site solar with the programs listed below.
Table 9: Xcel Energy Renewable Energy Programs
Program Description
Solar*Rewards® Solar*Rewards® is your opportunity to have solar for your
home or business. It's an incentivized program, so monthly
payments are made to the owner of the solar system in
exchange for Renewable Energy Credits (RECs) for the
energy produced by the solar system.
If you produce more than you need, the extra energy is
added to the grid, and any excess energy will be credited to
your bill.
Solar*Rewards Community® Xcel Energy electric customers can engage directly to a third-
party owned community solar garden located in their current
or adjacent county. Once enrolled with an active garden,
customers will begin receiving bill credits on their monthly
Xcel Energy bill equivalent to the solar energy that their
share of the solar garden contributes to the Xcel Energy grid.
Customers who chose this arrangement may or may not
save money by participating in a solar garden — agreements
Golden Valley Energy Action Plan 32
are between customers and the garden operator. Credit for
production of renewable energy may stay in the community if
the solar garden operator chooses not to sell their RECs.
See Appendix D: Renewable Energy Overview for more
detail on Renewable Energy Credits.
Net Metering This program is non-incentivized, so you retain the
renewable attributes of renewable energy that your solar
energy generating system produces. You have the choice to
then register and claim the RECs, with each REC certifying
the generation of one megawatt-hour of renewable energy.
Owning your own system provides the benefit from net
metering. This allows you to receive credit for excess
generation on your bill to ensure you reap the full value of all
your generation. If excess energy generation exceeds energy
consumption, you will receive payment for the excess.16
Renewable Energy Credits are an important part of each of the options described above and
have implications for deciding which program will best support Golden Valley’s clean energy
goals.
An REC represents the green attributes of renewable energy, with each REC certifying the
generation of one megawatt-hour of renewable energy.
RECs are used to measure renewable energy produced and used to meet renewable energy
goals. If the renewable program allows the participant to own the RECs, they can claim that they
are offsetting your energy use, or that they are using renewable incentive energy. If Xcel Energy
keeps the RECs under the renewable program in which you participate, you are unable to claim
that you offset energy use with renewable energy.17
Additional detail on renewable energy credits is available in Appendix D: Renewable Energy
Overview.
The claims that one can make vary substantially from program to program because of each
one’s handling of RECs.
Table 10: Acceptable claims for use with Xcel Energy renewable energy programs 18
Program Acceptable Claim
Solar*Rewards® By participating in Solar*Rewards, I help supply electricity
to our utility to meet its renewable energy goals.
I help increase the amount of solar energy on Xcel
Energy’s grid by installing on-site solar.
Solar*Rewards Community® My subscription supports community solar.
By subscribing to community solar, I help grow solar
gardens.
16 xcelenergy.com
17 https://www.xcelenergy.com/staticfiles/xe/PDF/REC%20Claims%20-%20Net%20Metering%20P03.pdf
18 xcelenergy.com
Golden Valley Energy Action Plan 33
I support solar development.
Net Metering I use solar energy.
I have reduced my carbon emissions.
I offset my carbon footprint with the solar panels on my
property.
Net metering is the option that will allow residents and businesses in Golden Valley to claim that
their use of on-site solar contributes specifically to reducing greenhouse gas emissions
attributable to Golden Valley’s use of electricity.
Incidentally, Windsource and Renewable*Connect both retire renewable energy credits on
behalf of the subscribers, so they also qualify as reducing greenhouse gas emissions
attributable to Golden Valley’s use of electricity.
Target Audience
Businesses will be approached with a range of renewable options from which they may choose.
Should they choose on-site installation, net metering will be recommended as a way for them to
enjoy the benefits of renewable energy and enhance their reputation as a contributor to the
Golden Valley Energy Action Plan.
Desired Outcomes
To best support Golden Valley’s goal of using clean energy to reduce greenhouse gas
emissions directly attributable to the community’s use of electricity, our hope is to influence
current on-site solar homes not participating in Solar*Rewards or contract-restricted
independent programs and businesses to adopt net metering.
Additionally, we will work to influence owners of new on-site installations to consider net
metering as an alternative to other options.
Resources
By partnering with the building permit office in Golden Valley, materials can be provided to
applicants for on-site solar installation permits. Analysis of past permit applications will be the
best resource for building a contact list of current Golden Valley on-site solar users. This list can
then be used to target communications recommending adoption of net metering.
Roles and Responsibilities
Partners in Energy will assist in development of promotional materials for outreach efforts
targeted to current and prospective owners of on-site solar energy systems. These will be used
in combination with promotional materials supporting Windsource and Renewable*Connect.
Golden Valley will work to partner with relevant departments within municipal administration to
develop a process for outreach to residents and businesses requesting on-site solar installation
permits.
Timeline
Process development followed by creation of appropriate communication materials can begin
early in the implementation process. Ideally, the first major publicity for this program would be a
special event in Golden Valley during the longest day of the year — the summer solstice on
June 21.
Golden Valley Energy Action Plan 34
Strategy 8: Preparing for Electric Vehicles
Description
Numerous sources have indicated that rapid growth is anticipated in the
acceptance of electric vehicles (EVs) as replacements for internal combustion
vehicles over the next 5–10 years. Studies indicate that most electric vehicle
charging will occur at home overnight, but the availability of convenient
charging locations can reduce range anxiety among prospective electric vehicle
buyers, thereby accelerating adoption of this clean energy transportation
option.
While it’s unrealistic to assume that any individual community can address every objection
hindering more rapid acceptance of EVs, it is possible to play a role at the local level.
Target Audience
We will target the retail business community with an effort to make it easier to drive an electric
vehicle in (or to) Golden Valley. Golden Valley can become known as a preferred shopping and
entertainment destination for the EV community.
Turning to Golden Valley’s substantial concentration of car dealers, we are also interested in
strategies that can help make it easier to sell EVs in Golden Valley.
Tactics Under Consideration
During brainstorming activities conducted as part of Partners in Energy Workshops, Energy
Action Team members contributed the following ideas. These will be included in our
implementation plans.
Highlight Golden Valley residents who drive electric vehicles. Through local news
and/or social media, highlight the early EV adopters in Golden Valley and how they use
their vehicles. Use the stories to address common barriers to EV adoption (e.g., where
they charge, where they bought the vehicle, costs of ownership and maintenance, etc.)
Host an EV parade or ride and drive event. Work with local EV owners or other
resources to conduct a ride and drive EV event in Golden Valley
Desired Outcomes
We would like to see every workplace, shopping, and entertainment destination in Golden
Valley install and promote EV chargers. Additionally, we would like to see Golden Valley electric
vehicle sales increase faster than neighboring communities.
Resources/Communication Channels
Partnering with the business community is at the core of this initiative. The Golden Valley
Business Council, TwinWest Chamber of Commerce, and Rotary Club of Golden Valley will be
valuable community connectors in this outreach.
Golden Valley may want to consider a pilot test with local car dealers offering a modest
incentive to the dealership and individual salespeople on a per EV sold basis. Such incentives
are often very successful, even at modest cash values.
Golden Valley Energy Action Plan 35
Roles and Responsibilities
Partners in Energy will assist with creation of promotional materials to be used for outreach to
retail locations as well as local car dealers.
Golden Valley will need to consider incentivizing retail location EV charger installations as well
as the mechanics of an auto dealership pilot. Along with developing incentives for new
installations, the City will want to consider recognition of existing EV charger installations to
avoid unintended resistance to the initiative among those who have installed chargers without
incentives.
Timeline
This initiative will be far more welcome after retail business conditions improve post-pandemic.
We plan to start this initiative early in 2022, developing an outreach plan with a specific
incentive supported by partnering with an electric vehicle charger installation firm while
continuing to look for grant opportunities and other funding sources. Outreach to local car
dealers would be most effective just before introduction of new electric vehicle models. In early
2022, the Energy Action Team will network with local car dealers to gauge interest and solicit
feedback on timing and details of the pilot.
Energy Action Plan Elements
The chart below was reviewed and endorsed by the Golden Valley Energy Action Team as a
summary of the major initiatives in the plan. This represents a balanced approach to the
activities recommended in the plan, recognizing that urgent priorities, such as reducing high
energy cost burden, should not be delayed. Similarly, activities that have longer development
periods may begin in the near term, with results expected later in the plan.
Golden Valley Energy Action Plan 36
Finally, support for electric vehicle adoption will gain traction as more manufacturers introduce
and promote them. Golden Valley’s local role can begin ahead of (and assist) rapid adoption.
Energy Action Plan Impact
The combined strategies outlined in this plan will deliver on each of the goals that we have set
forth.
By the end of 2031, assuming that annual participation targets have been met, over 1,900
Golden Valley residents and more than 375 businesses will have participated in programs.
The results of our achieving our goals include:
Eliminating 65,000 tons of greenhouse gas emissions
Successful implementation of this plan will help avoid greenhouse gas emissions from
electricity and natural gas. This will include avoiding over 65 thousand metric tons of
carbon dioxide equivalent by the year 2031. 39 thousand of those will be the result of our
energy efficiency efforts and 26 from meeting our renewable energy targets.
Short-Term Focus Areas (thru 2022)
Mid-Term 2023–2026 Reduce Energy Cost
Burden
Build energy burden
process
Improve Energy
Efficiency
Residential
- Target oldest homes
- Multi-family
Commercial
- Focus on smaller
businesses
Embrace Clean Energy
Support residential adoption
- Subscription options
- Assistance w/ on-site
Build a business pipeline
- Outreach to businesses
whose brands can benefit
- Begin long-term
education initiatives
Combat Energy Burden
Add capabilities
- Languages, advocacy,
team with nonprofits
Improve Energy
Efficiency
Residential
- Extend initiatives to newer
homes
- Consider support for
larger projects
Commercial
- Maintain outreach pace
- Extend to medium
businesses
Embrace Clean Energy
Maintain residential activity
Use testimonials among
similar businesses
Consider municipal
programs to help facilitate
adoption
Long-Term 2027
Combat Energy Burden
- Assess process, add
capabilities as indicated
o More languages,
predictive analytics
Improve Energy
Efficiency
Residential
- Re-contact early users
with new incentives
- Promote new
technologies
Commercial
- Re-contact early users
with new incentives
Embrace Clean Energy
Maintain residential and
business pace
Extend municipal programs
Support EV adoption
Figure 25: Energy Action Plan Summary
Golden Valley Energy Action Plan 37
During the same period, Xcel Energy’s electricity generation will also avoid over 77,000
tons of greenhouse gas emissions used to produce electricity for Golden Valley because
of their plan to reduce emissions by 80% as compared to 2005 levels by 2030.
Adding $8.7 million in first-year energy savings to Golden Valley’s economy in 10
years with savings from more efficient use of energy. Accounting standards mandate
energy savings be measured as the amount saved in the first year of the efficiency
improvement. Since individual efficiency actions may last different periods of time, there
is no way to forecast the longevity of each one. Actual savings for individual customers
may be greater than those reported as first-year savings, meaning the positive financial
impacts for our community may exceed those noted in this plan. Money otherwise
needed to pay for energy can stay with residents and businesses in Golden Valley,
helping contribute to the local economy.
3,710
65,470
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031MT CO2eGreenhouse Gas Mitigation
2021 - 2031
Renewables Commercial Residential
Figure 26: Golden Valley Greenhouse Gas Mitigation 2021–2031
$482,508
$8,733,610
$-
$3,000,000
$6,000,000
$9,000,000
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Total first year dollar savings
Figure 27: Golden Valley First-Year Dollar Savings from Efficiency Activities
Golden Valley Energy Action Plan 38
Helping Golden Valley households most severely impacted by the costs of energy.
We will both make certain that these households are aware that help is available and
help them to navigate the steps necessary to get the help they need. Over 1,000 Golden
Valley households will benefit from this portion of the plan, delivering the resources they
need to better provide for their families and assure the comforts that electricity and
natural gas offer in every home.
Overall, achieving near-term targets laid out in this plan will deliver a strong head start to
implementation of the plan through 2031. From July 2021 (our targeted implementation start
date) to December 2022, here are some of the results we anticipate:
June 2021–December 2022 Anticipated Results
$1.1 million in first year dollar savings
8,626,454 kWh of electricity saved
604,729 therms of natural gas saved
10,679 metric tons of CO2e avoided
Golden Valley Energy Action Plan 39
The U.S. Environmental Protection Agency provides a tool19 to help people understand the
magnitude of greenhouse gas emissions.
During this plan’s implementation, we will avoid 65,470 metric tons of carbon dioxide equivalent.
That amount is the same as …
Figure 28: Carbon Dioxide equivalencies
Greenhouse Gas
Emissions from CO2 Emissions from Carbon Sequestered by
20
21
22
14,238 passenger vehicles
driven for one year 7,884 homes' energy use
for one year 1.1 million tree seedlings
grown for 10 years
Energy Action Team Commitment
The Energy Action Team formed to create this plan and the Environmental Commission may
support implementation by volunteering time and advice as they are able to advance these
initiatives
Additional resources will be needed from Golden Valley staff to maintain momentum and
administer initiatives, both during and after the Partners in Energy relationship ends after the
initial 18-month initiation period. Partners in Energy shared that successful implementation of
energy action plans in other communities was the result of dedicated staff support. City of
Golden Valley will assess existing resources and anticipated additional workload to determine
whether additional staff support will be required in the future.
19 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator
20 Photo by Michael Tuszynski from Pexels
21 This Photo by Unknown Author is licensed under CC BY-SA
22 This Photo by Unknown Author is licensed under CC BY-NC-ND
Golden Valley Energy Action Plan 40
HOW WE STAY ON COURSE
This Energy Action Plan is a living
document. Goals and strategies will be
assessed and refined as needed based on
data and community staff capacity.
Data and Reporting
Partners in Energy will provide biannual
progress reports with metrics of success and
overall progress toward goals for Xcel
Energy rebates and programs. These
reports will be available publicly and shared
with both the community and Energy Action
Team.
CenterPoint Energy will also provide annual
updates to the City of Golden Valley. These
results will be shared with the team and
included in year-end reports.
If available, ad-hoc participation reports for specific programs (e.g., Home Energy Squad) can
be provided to measure success of campaigns and to determine if we need to change course.
Project Management and Tracking
Partners in Energy will host regular project management check-in calls with staff to ensure we
stay on course to achieve our strategies.
If desired, an implementation check-in meeting with the Energy Action Team can be convened
to assess progress toward goals and discuss strategy refinement.
Figure 29: Actions and Tracking
Energy Action
Plan
Implementation
Measurement &
Reporting
Strategy
Development &
Refinement
Golden Valley Energy Action Plan 41
APPENDIX A: BASELINE ENERGY ANALYSIS
Data was provided by Xcel Energy and CenterPoint Energy for all Golden Valley premises for
2017–2019. Xcel Energy provides electric and CenterPoint Energy provides natural gas service
to the community. The data helped the Energy Action Team understand Golden Valley’s energy
use and opportunities for energy conservation and renewable energy. Data included in this
section establishes a baseline against which progress toward goals will be compared to in the
future.
Electricity and Natural Gas Premises
Like many first-ring suburbs in the Twin Cities, Golden Valley is a well-established residential
community. New home construction peaked in the 1950s and ’60s. The city counts several large
commercial and industrial sites as well, but it remains primarily residential.
Figure 30: Golden Valley Premises by Sector
Residential
10,066
90%
Commercial and Industrial
983
9%
Municipal
90
1%
2019 Golden Valley Premise Count
11,139
Golden Valley Energy Action Plan 42
Electricity and Natural Gas Consumption by Sector
Commercial and industrial premises play a much larger role in terms of actual energy
consumption in Golden Valley. While they constitute less than 10% of actual premises in Golden
Valley, they consume 76% of all electricity used in Golden Valley and 58% of all the natural gas
used in Golden Valley.
As we work to improve energy efficiency, this imbalance points to the strategic importance of
effective outreach to our business community. Engaging with businesses in Golden Valley will
be crucial to achieving savings of the scale that we want to achieve.
Greenhouse Gas Emissions and Trends
Total greenhouse gas emissions in Golden Valley averaged 226,042 tons of carbon dioxide
equivalent across the three years of our baseline average. The U.S. Environmental Protection
Agency provides a tool to help people understand the magnitude of greenhouse gas emissions.
Figure 32: 2019 Golden Valley Natural Gas
consumption by sector
Figure 31: Golden Valley Electricity
Consumption by Sector
Golden Valley Energy Action Plan 43
226,042 MTCO2 e is equivalent to:23
Figure 33: Baseline Carbon Dioxide Equivalencies
Greenhouse Gas
Emissions from CO2 Emissions from Carbon Sequestered by
24
25
26
49,160 passenger vehicles
driven for one year 27,221 homes' energy use
for one year 3.7 million tree seedlings
grown for 10 years
Again, it is important to understand the role that commercial and industrial premises play in
Golden Valley’s greenhouse gas emissions. Golden Valley’s business sector energy
consumption is responsible for more than double the greenhouse gas emissions than residential
premises. See Figure 34 below.
Energy Costs
Total energy costs in Golden Valley amounted to an average of just over $46 million dollars
annually during the baseline period. Commercial and industrial and residential spending are at
23 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator
24 Photo by Michael Tuszynski from Pexels
25 This Photo by Unknown Author is licensed under CC BY-SA
26 This Photo by Unknown Author is licensed under CC BY-NC-ND
Residential
71,134
32%
Commercial and
Industrial
153,419
68%
GHG Emissions (MT CO2e)
2017, 2018, 2019 Average
Figure 34: Baseline period greenhouse gas emissions by sector
Golden Valley Energy Action Plan 44
two-to-one ratio when measuring total spending but looking at the costs per premise illustrates a
different relationship.
Figure 35: Golden Valley Average Annual Total Energy Costs
Average spending per premise among commercial and industrial premises is 18 times higher
than per-premise residential spending.
$16,421
$29,894
$344
$46,659
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
Residential Commercial and
Industrial
Municipal TotalThousandsGolden Valley Average Annual Total Energy Costs
Baseline Average
Electricity Costs ($)Natural Gas Costs ($) Total Energy Costs ($)
Golden Valley Energy Action Plan 45
Program Participation and Savings
Golden Valley’s participation in the many programs offered by both Xcel Energy and
CenterPoint Energy follows a largely traditional 80/20 distribution with a handful of programs
accounting for most of the activity. Savings also accrue in this manner for residential premises,
while commercial and industrial premises tend to see more variability due to the unique
characteristics that distinguish various business settings.
During the baseline period, residential premises in Golden Valley participated in an average of
805 programs each year, saving just over 315,000 kWh of electricity annually. Two-thirds of all
participation was driven by five of the more than 40 programs available.
For commercial and industrial premises in Golden Valley, participation averaged 222 per year
during the baseline period, with just three programs, (Lighting Efficiency, Small Business
Lighting, and CenterPoint Commercial & Industrial rebates) accounting for over 85% of all
participation.
Our assumptions for the plan, target the most productive of all programs, budgeting a 2.5%
annual growth rate, while we presume that others will maintain baseline average performance.
Figure 36: Golden Valley Average Annual
Energy Costs per Premise
$24,256
$5,950
$1,663
$30,206
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
Residential Commercial and
Industrial
Golden Valley Annual
Energy Costs per Premise
Baseline Average
Natural Gas Costs per Premise
Electricity Costs per Premise
Figure 37: Golden Valley Average Monthly
Energy Costs per Premise
$2,021
$496
$139
$2,517
$0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
Residential Commercial and
Industrial
Golden Valley Monthly
Energy Costs per Premise
Baseline Average
Average Monthly Natural Gas Costs per
Premise
Average Monthly Electricity Costs per
Premise
Golden Valley Energy Action Plan 46
Renewable Energy Support
Residents and businesses in Golden Valley currently participate in a variety of renewable
energy programs, ranging from on-site solar to subscription and incentivized programs.
The table below summarizes renewable energy program participation.
Table 11: Golden Valley 2019 Renewable Energy Summary
Golden Valley Renewable Energy Summary
2019 Estimates
Renewable Energy Program Residential Commercial & Industrial
Windsource®
Subscriber Count 570 8
Total Annual Electricity Subscribed (kWh) 1,996,338 9,203,491
Percentage of Sector Electricity Use 3% 4%
Renewable*Connect®
Subscriber Count 48 1
Total Annual Electricity Subscribed (kWh) 373,934 104,532
Percentage of Sector Electricity Use 1% 0%
Solar*Rewards®**
Participant Count 52 71
Total Annual Electricity Subscribed (kWh) 268,253 338,484
Percentage of Sector Electricity Use 0% 0%
Solar*Rewards Community®**
Participant Count 259 11
Total Annual Electricity Subscribed (kWh) 1,501,667 9,226,027
Percentage of Sector Electricity Use 2% 4%
Total Renewable Energy Support
Subscribers/Participants 929 91
Total Annual Electricity Subscribed (kWh) 4,140,192 18,872,534
Percentage of Sector Electricity Use 6% 8%
Our plan targets a 2.5% annual growth rate for renewable kilowatt-hours for Golden Valley.
Importantly though, we will be emphasizing Windsource®, Renewable*Connect®, and net
metering over other options because those programs handling of Renewable Energy Credits will
allow Golden Valley to be credited with the use of renewable energy more directly than others.
Golden Valley Energy Action Plan 47
APPENDIX B: METHODOLOGY FOR
MEASURING SUCCESS
As part of implementation support, Partners in Energy will provide biannual progress reports for
Xcel Energy participation and savings data for Golden Valley. All goals will be measured against
Golden Valley’s three-year baseline of 2017–2019 data unless otherwise noted.
The following section defines the three-year baseline against which progress is measured,
including Xcel Energy and CenterPoint Energy program(s) included in the baseline.
Reducing High and Severe Energy Cost Burden Focus Area Goals
Strategy 1: Locate High Energy Burden Households
Goal
Identify 20 candidate households per month (240 per year) who may be eligible for any of the
programs servings energy-burdened households. Identification will constitute a request for
information requiring a name, address, phone number, or email address.
Baseline
The U.S. Department of Energy estimates approximately 2,033 Golden Valley households at or
below 60% of Minnesota’s median household income, making them eligible for assistance. Over
the 10-year span of this plan, we hope to reach at least that many households.
Strategy 2: Educate Clients
Goal
Engage 20% of identified candidate households (from Strategy 1) in an education activity
providing them with information about the resources and programs available to help them.
Baseline
Our Strategy 2 baseline assumes that there will be a substantial challenge motivating
candidates to reach out and ask for more information. By following up on every initial request for
Golden Valley Energy Action Plan 48
information — multiple times — we hope to move one of every five candidates to the next step
of actually learning about the help that is available.
Strategy 3: Coordinate Service Delivery
Goal
Motivate half of the qualified candidates who seek out additional information (from Strategy 2) to
move forward with the help of a Golden Valley or volunteer coordinator in seeking assistance or
scheduling a home service (e.g., Low-income Home Energy Squad).
Baseline
Once Strategy 2 establishes a rapport and level of trust with candidates, we hope that it will be
easy to turn them into clients and help them navigate the process of receiving services.
Improving Energy Efficiency Focus Area Goals
Strategy 4: Conduct Residential Outreach
Goal
Consistent with the goals established in Table 7: Key Residential Efficiency Programs — Annual
Participation Targets, accomplish annual 2.5% participation increases in key residential energy
efficiency programs.
Deliver more than half of all participants from Golden Valley residents living in homes built
before 1970.
Baseline
Based on Xcel Energy and CenterPoint data, an annual increase in key program participation is
needed to accomplish the plan’s greenhouse gas avoidance goal. See Figure 20: Highest
potential residential energy efficiency programs for a recap of these high potential programs.
Strategy 5: Conduct Business Outreach
Goal
Accomplish annual 2.5% participation increases in key commercial and industrial energy
efficiency programs.
Baseline
Based on Xcel Energy and CenterPoint data, an annual increase in key program participation is
needed (along with additional initiatives, listed below) to accomplish the plan’s greenhouse gas
avoidance goal. See Figure 23 for a recap of these high potential plans.
Supporting Clean Energy Focus Area Goals
Strategy 6: Subscription Options
Goal
Accomplish a 2.5% annual increase in kilowatt-hours subscribed to either Windsource or
Renewable*Connect each year between 2021 and 2031.
Baseline
Growth in annual kilowatt hour subscriptions at a 2.5% rate will be a critical element of our
success reaching our greenhouse gas avoidance goal. Importantly, this goal applies equally to
residential and commercial and industrial premises.
Golden Valley Energy Action Plan 49
Strategy 7: “Near-Site” and On-Site Renewable Energy Support
Goal
Encourage growth in selection of net metering among Golden Valley homes and businesses
using on-site solar. Motivate 50% or more of the new solar installations in Golden Valley to use
net metering.
Baseline
Accomplishing our greenhouse gas avoidance goals requires that we capitalize on Golden
Valley residents and businesses retaining the renewable energy credits that they are eligible for
under net metering. While other on-site solar programs have merit, only net metering keeps
RECs in Golden Valley.
Strategy 8: Preparing for Electric Vehicles
Goal
Support installation of EV chargers at every workplace, shopping, and entertainment destination
in Golden Valley. Promote Golden Valley as an EV-friendly destination. Help Golden Valley
electric vehicle sales increase faster than neighboring communities. Beginning in mid-2022, we
will initiate a campaign to motivate businesses to install EV chargers, including clear direction
and assistance as needed to facilitate installation.
Baseline
There are currently approximately 20 public electric vehicle chargers in Golden Valley, including
one at City Hall. Many are concentrated at car dealerships along I-394.
Golden Valley Energy Action Plan 50
APPENDIX C: XCEL ENERGY’S PARTNERS IN
ENERGY PLANNING PROCESS
About Xcel Energy’s Partners in Energy
Xcel Energy is an electric and natural gas utility that provides the energy that powers millions of
homes and businesses across eight Western and Midwestern states. Each community Xcel
Energy serves has its own unique priorities and vision for its energy future. The energy
landscape is dynamically changing with communities leading the way in setting energy and
sustainability goals. To continue to innovatively support their communities, Xcel Energy
launched Partners in Energy in the summer of 2014 as a collaborative resource with tailored
services to complement each community’s vision. The program offerings include support to
develop an energy action plan or electric vehicle plan, tools to help implement the plan and
deliver results, and resources designed to help each community stay informed and achieve their
outlined goals.
Plan Development Process
Creating this Energy Action Plan was a 12-month process involving support to help characterize
our energy use, identify our energy-related goals, and develop engaging strategies to help us
achieve our vision. Commitment to a significant outcome grew as we dealt with the delays and
complexities caused by the global pandemic.
Partners in Energy and the City of Golden Valley collaborated on a path forward, substituting
online meetings for in-person workshops. A series of five online workshops began on
September 29, 2020 and ended on January 27, 2021. Our planning team committed to
representing local energy priorities in collaboration with City of Golden Valley and Xcel Energy
Partners in Energy. By the numbers, we engaged in five workshops with 13 participants,
representing large and small businesses in Golden Valley, a service organization, residents,
Figure 38: Golden Valley City Hall
Golden Valley Energy Action Plan 51
and community members active in several complementary boards and commissions. We were
also fortunate to have a representative from CenterPoint Energy attend our workshops and offer
valuable insights at each step of the process.
Figure 39: Partners in Energy Process for
Success
Project
Management
Communication
Assistance and
Resources
Tracking and
Measurement
Celebration and
Recognition of
Successes
Figure 40: Resources from Xcel Energy for
Implementation
Golden Valley Energy Action Plan 52
APPENDIX D: RENEWABLE ENERGY OVERVIEW
Renewable Energy Credits (RECs) are an often-misunderstood element of renewable energy,
and they are the primary means by which the credit for the green attributes of electricity
produced from renewable sources can be recognized. For every megawatt-hour of renewable
electricity produced an individually numbered REC is created. A REC can be transferred to
another entity or person one time.
Some programs transfer the RECs to Xcel Energy for their use in pursuing their renewable
energy goals. Others allow for the subscriber (or the owner of the solar generating system, in
the case of net metering) to keep the REC,27 allowing them to claim credit for the renewable
energy’s green attributes.
This becomes an important differentiator for communities attempting to build their renewable
energy locally and take credit for the green attributes of that energy.
The following pages describe the renewable programs offered by Xcel Energy and explain
claims that are allowable for each one.
27 Xcel Energy’s Windsource® and Renewable*Connect® programs retire the RECs generated on behalf
of the program’s subscribers, allowing subscribers to claim the green attributes of the energy produced.
This Photo by Unknown Author is licensed under CC BY-NC
Golden Valley Energy Action Plan 53
28
28https://www.xcelenergy.com/programs_and_rebates/residential_programs_and_rebates/renewable_ene
rgy_options_residential/solar/available_solar_options/on_your_home_or_in_your_yard/solar_rewards_for
_residences
Golden Valley Energy Action Plan 54
Figure 41: Xcel Energy Renewable Claims Guide: Windsource29
29 https://www.xcelenergy.com/staticfiles/xe/PDF/REC%20Claims%20-%20Windsource%20P04.pdf
Golden Valley Energy Action Plan 55
Figure 42: Xcel Energy Claims Guide: Renewable*Connect®
30
30 https://www.xcelenergy.com/staticfiles/xe/PDF/REC%20Claims%20-%20Windsource%20P04.pdf
Golden Valley Energy Action Plan 56
Figure 43: Xcel Energy Claims Guide: Solar*Rewards®
31
31 https://www.xcelenergy.com/staticfiles/xe/PDF/REC%20claims%20-%20Solar%20Rewards_P05.pdf
Golden Valley Energy Action Plan 57
Figure 44: Xcel Energy Claims Guide: Solar*Rewards Community®
32
32https://www.xcelenergy.com/staticfiles/xe/PDF/MN_SolarRewardsCommunity_ClaimsGuide_P01.pdf
Golden Valley Energy Action Plan 58
Figure 45: Xcel Energy Renewable Claims Guide: Net Metering
33
33 https://www.xcelenergy.com/staticfiles/xe/PDF/REC%20Claims%20-%20Net%20Metering%20P03.pdf
Golden Valley Energy Action Plan 59
Figure 46: Xcel Energy Renewable Program Comparison Guide
34
34
https://www.xcelenergy.com/programs_and_rebates/residential_programs_and_rebates/renewable_ener
gy_options_residential
Golden Valley Energy Action Plan 60
APPENDIX E: GLOSSARY OF TERMS
15 x 15: Xcel Energy’s privacy rule, which require all data summary statistics to contain at least
15 premises, with no single premise responsible for more than 15% of the total. Following these
rules, if a premise is responsible for more than 15% of the total for that data set, it is are
removed from the summary.
British Thermal Unit (BTU): the amount of heat needed to raise one pound of water at
maximum density through one degree Fahrenheit
Carbon-free: Carbon-free refers to sources of energy that will not emit additional carbon
dioxide into the air. Wind, solar and nuclear energy are all carbon free sources but only wind
and solar are renewable.
Carbon-neutral: Carbon-neutral, also described as “net zero” could include carbon free
sources but is broader and refers to energy that removes or avoids as much carbon dioxide as
is released over a set period of time. Carbon-neutral is sometimes used to describe a site that
produces an excess amount of electricity from a renewable energy source, such as solar,
compared to what it consumes. That excess energy is put back into the grid in an amount that
offsets the carbon dioxide produced from the electricity it draws from the grid when it is not
producing renewable energy.
Community Data Mapping: A baseline analysis of energy data in a geospatial (map) format
across the community.
Conservation Improvement Programs (CIP): Portfolio of approved utility energy efficiency
and demand management programs. Minnesota electric utilities have a goal of saving 1.5% of
their total energy sales each year via customer conservation efforts. Minnesota natural gas
utilities have a goal of saving 0.5% of their total energy sales each year via customer
conservation efforts.
Golden Valley Energy Action Plan 61
Demand Side Management (DSM): Modification of consumer demand for energy through
various methods, including education and financial incentives. DSM aims to encourage
consumers to decrease energy consumption, especially during peak hours or to shift time of
energy use to off-peak periods, such as nighttime and weekend.
Direct Installation: Free energy-saving equipment installed by Xcel Energy or other
organization for program participants that produces immediate energy savings.
Energy Burden: Percentage of gross household income spent on energy costs.
Energy Reduction: The result of behavior changes that cause less energy to be used. For
example, setting the thermostat lower reduces the energy used in your home during the winter.
Since energy reductions can be easily reversed, they are not accounted for when calculating
changes in energy usage.
Energy Savings: Comes from a permanent change that results in using less energy to achieve
the same results. A new furnace uses X% less to keep your home at the same temperature (all
things being equal), resulting in energy savings of X%. For accounting purposes, energy
savings are only counted in the year the new equipment is installed.
Greenhouse Gases (GHG): Gases in the atmosphere that absorb and emit radiation and
significantly contribute to climate change. The primary greenhouse gases in the earth's
atmosphere are water vapor, carbon dioxide, methane, nitrous oxide, and ozone.
Grid Decarbonization: The current planned reduction in the carbon intensity of electricity
provided by electric utilities through the addition of low- or no-carbon energy sources to the
electricity grid.
Kilowatt-hour (kWh): A unit of electricity consumption.
Million British Thermal Units (MMBtu): A unit of energy consumption that allows both
electricity and natural gas consumption to be combined.
Metric Tons of Carbon Dioxide Equivalent (MTCO2e): A unit of measure for greenhouse gas
emissions. The unit "CO2e" represents an amount of a greenhouse gas whose atmospheric
impact has been standardized to that of one unit mass of carbon dioxide (CO2), based on the
global warming potential (GWP) of the gas.
Megawatt (MW): A unit of electric power equal to 1 million watts.
Premise: A unique combination of service address and meter. For residential customers, this is
the equivalent of an individual house or dwelling unit in a multi-tenant building. For business
customers, it is an individual business, or for a larger business, a separately metered portion of
the business’s load at that address.
Renewable Energy Credit (REC): For every megawatt-hour of clean, renewable electricity
generation, a renewable energy credit (REC) is created. A REC embodies all of the
environmental attributes of the generation and can be tracked and traded separately from the
underlying electricity. Also known as a Renewable Energy Certificate.
Golden Valley Energy Action Plan 62
Resilience: The ability to prepare for and adapt to changing conditions and withstand and
recover rapidly from disruptions. Resilience includes the ability to withstand and recover from
deliberate attacks, accidents, or naturally occurring threats or incidents.
Recommissioning: An energy efficiency service focused on identifying ways that existing
building systems can be tuned-up to run as efficiently as possible.
Solar Garden: Shared solar array with grid-connected subscribers who receive bill credits for
their subscriptions.
Solar Photovoltaic (PV): Solar cells/panels that convert sunlight into electricity (convert light, or
photons, into electricity, or voltage).
Subscription: An agreement to purchase a certain amount of something in regular intervals.
Therm (thm): A unit of natural gas consumption.
Trade Partner: Trade Partners, also known as Trade Allies or Business Trade Partners, are
vendors and contractors who work with business and residential customers servicing, installing,
and providing consulting services regarding the equipment associated with utility rebate
programs. Their support for utility programs can range from providing equipment and assisting
with rebate paperwork, to receiving rebates for equipment sold.
Golden Valley Energy Action Plan 63
APPENDIX F: CENTERPOINT ENERGY
OVERVIEW OF GREENHOUSE GAS MITIGATION
PROJECTS
Golden Valley Energy Action Plan 64
Golden Valley Energy Action Plan 65
APPENDIX G: IMPLEMENTATION
MEMORANDUM OF UNDERSTANDING
Memorandum of Understanding
Phase 2 – Plan Implementation
Mr. Tim Cruikshank
City of Golden Valley
Golden Valley City Manager's Department
7800 Golden Valley Rd
Golden Valley, MN 55427
The intent of this Memorandum of Understanding is to recognize the achievement of Golden
Valley in developing an Energy Action Plan. Northern States Power Company doing business
as Xcel Energy, through its Partners in Energy program, has supported the development of this
Energy Action Plan. This document outlines how the City of Golden Valley and Xcel Energy will
continue to work together to implement this Energy Action Plan. The term of this joint support,
as defined in this document, will extend from May 1, 2021 through December 31, 2022.
Xcel Energy will support the City of Golden Valley in achieving the goals of its Energy
Action Plan in the following ways:
Reducing High and Severe Energy Cost Burden
A. Implementation of strategies to locate households likely to benefit from available
assistance opportunities
o Planning for messaging strategy to drive self-identification most effectively
among residents likely to benefit from assistance opportunities.
o Create content for outreach campaign, including social media, newsletter copy,
flyers and postcards, talking points and scripts, and copy or media for short
videos.
o Incorporate city branding into materials and facilitate review by Golden Valley
and Xcel Energy communications.
o Develop materials as needed for outreach to school social workers, encouraging
them to send messaging home with students receiving free or reduced meal
benefits.
o Assistance with translation of relevant materials into languages deemed helpful
by social service organizations in Golden Valley.
B. Support to establish education resources for households to provide information about
available assistance opportunities
o Design materials and/or training for partner organizations to help communicate
with constituents effectively, including incorporating insights to help address
cultural and practical issues inhibiting utilization of these programs.
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
2
o Design outreach materials promoting resources and programs targeted to under-
resourced and high-energy burden households.
o Support the translation of promotional materials as needed to reach target
audiences.
C. Support to establish a process that will assure delivery of assistance to qualifying
households.
o Partner with City to develop a resource that will assist energy-burdened
households with applying for and receiving the assistance that’s available.
o Create outreach script for multi-family property management engagement,
including overview flyer.
o Design overview flyers to target different types of buildings, such as senior and
affordable.
o Create renter energy savings tips collateral to engage renters.
Support funded by Xcel Energy for strategies A, B & C is not to exceed 120 hours. These hours
will include those provided through the Partners in Energy team from Center for Energy and
Environment and do not include support provided by Xcel Energy internal program staff.
Improving Energy Efficiency
D. Support for a variety of residential outreach initiatives, including some targeted toward
homes most likely to benefit from energy efficiency improvements, and others intended
to reach all Golden Valley residents.
o Create flyers and postcards to distribute at peer-sharing events.
o Facilitate access to Home Energy Squad staff to review options for Golden Valley
to offer residents reduced pricing for Home Energy Squad services.
o Partner with Golden Valley Communications to develop and implement a plan to
publicize the many energy-saving programs being promoted as part of the
Energy Action Plan. Plan will include elements of awareness-building, motivating
usage of featured programs and testimonials from satisfied Golden Valley
residents who have benefitted from these programs.
E. Assistance with education & outreach initiatives to help Golden Valley’s businesses
benefit from energy efficiency opportunities. Emphasis will be directed at small and
medium businesses.
o Help design outreach campaign with multiple touch points for small businesses,
such as a door-to-door campaign in commercial areas of the community.
o Create outreach scripts and talking points for events, 1:1 outreach, and other
small business engagement.
o Develop long-term communications plan to advance usage of renewable energy
for small and medium Golden Valley businesses.
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
3
o Offer support with peer best-practice information for partnering with business
organizations such as the Golden Valley Business Council, TwinWest Chamber
of Commerce, and Rotary Club of Golden Valley.
Support funded by Xcel Energy for strategies D and E is not to exceed 130 hours. These hours
will include those provided through the Partners in Energy team from Center for Energy and
Environment and do not include support provided by Xcel Energy internal program
Supporting Clean Energy
F. Providing support for initiatives targeting both residents and businesses recommending
subscription to renewable energy programs
o Develop materials for a campaign targeting Golden Valley residents, encouraging
them to support the Golden Valley Energy Action Plan with a subscription to the
renewable energy program of their choice.
o Develop materials for a campaign targeting small and medium sized businesses
in Golden Valley, encouraging them to support the Golden Valley Energy Action
Plan and add to their reputation as a supporter of the Golden Valley community
with a subscription to the renewable energy program of their choice.
o Design a recognition device for residents and businesses to publicize their
support (e.g., residential yard sign, small business decal, framed certificate, or
logo to include in local advertising)
G. Providing support for “near-site” and on-site renewable energy options
o Develop a publicity campaign encouraging Golden Valley residents and
businesses installing on-site solar to choose net metering instead of
Solar*Rewards® so that the green benefits of their renewable energy generation
stay in Golden Valley.
H. Developing outreach materials to support the City’s plan to encourage broad adoption of
electric vehicles.
o Develop materials for a campaign targeting commercial property owners/
landlords in Golden Valley, encouraging them to install publicly accessible
electric vehicle chargers, adding to their desired reputation as a preferred place
to do business and to Golden Valley’s desired reputation as a city where it’s easy
to own and drive an electric vehicle.
o Partner with the City to develop local initiatives that encourage ownership of
electric vehicles in Golden Valley. Local publicity ideas developed by the Energy
Action Team will be included in this plan, along with researching incentives to
help local car dealers sell more electric vehicles.
Support funded by Xcel Energy for strategies F, G and H is not to exceed 90 hours. These
hours will include those provided through the Partners in Energy team from Center for Energy
and Environment and do not include support provided by Xcel Energy internal program staff.
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
4
Project Management and Reimbursed Expenses
1. Provide presentation content outlining Partners in Energy process, identified focus areas
and goals, and benefits to community to be presented to Council as part of update
process.
2. Facilitate regular check-in meetings, track and report energy impacts and activities
(process annual data from Xcel Energy) and help coordinate implementation kick-off
activities.
3. Provide up to $2,500 for reimbursed expenses related to printing and distribution of co-
branded marketing materials, venue fees, food, and other related needs associated with
outreach and education. Xcel Energy funding will not be provided for the purchase of
alcohol.
Support funded by Xcel Energy for project management is not to exceed 95 hours. These hours
will include those provided through the Partners in Energy team from Center for Energy and
Environment and do not include support provided by Xcel Energy internal program staff.
City of Golden Valley commits to supporting the Energy Action Plan to the best of its
ability by:
Achieving the energy savings impacts outlined in the energy action plan and shown in the table
below:
(June 2021 – December 2022)
Electricity
Savings
(in kWh)
Baseline Historic Energy Savings 8,762,300
Incremental Plan Energy Savings 2,701,900
Total Plan Energy Savings
(baseline + plan energy savings) 11,464,200
Performing the coordination, tracking, and outreach duties as outlined in the Energy Action Plan
that include but are not limited to the following:
Reducing High and Severe Energy Cost Burden
A. Implementation of strategies to locate households likely to benefit from available
assistance opportunities
o Dedicate sufficient resources to deploy a “hand-raising” campaign to have energy
burdened households self-identify.
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
5
o Activate the outreach campaign, using Partners in Energy provided materials to
successfully raise awareness among likely beneficiaries of energy assistance
programs, and the help available to access those programs.
o Coordinate communications and outreach to appropriate school staff to help with
messaging to families receiving free and reduced cost meals at school.
o Publicize and distribute translated materials to social service organizations in
Golden Valley as needed.
B. Support to establish education resources for households to provide information about
available assistance opportunities
o Coordinate training and distribution of relevant materials for representatives of
social service organizations who will provide education to potential beneficiaries.
o Facilitate distribution of educational materials to likely beneficiaries as needed.
C. Support to establish a process that will assure delivery of assistance to qualifying
households.
o Support development of a resource that will assist energy-burdened households
with applying for and receiving the assistance that’s available.
o Conduct outreach to multi-family property management.
o Publicize and facilitate distribution of renter energy savings tips.
Improving Energy Efficiency
D. Support for a variety of residential outreach initiatives, including some targeted toward
homes most likely to benefit from energy efficiency improvements, and others intended
to reach all Golden Valley residents.
o Create a calendar of events to facilitate planning and communications needs
o Collaborate with Partners in Energy on developing a communications plan that is
both; a) effective reaching residents likely to benefit from the supported
programs, and b) feasible within the resources available to execute the plan.
E. Assistance with education & outreach initiatives to help Golden Valley’s businesses
benefit from energy efficiency opportunities. Emphasis will be directed at small and
medium businesses.
o Collaborate on an outreach plan to communicate with and motivate small and
medium businesses in Golden Valley around the energy efficiency programs
most likely to save energy and money.
o Lead implementation of the business outreach initiative, including partnering with
the Golden Valley Business Council, TwinWest Chamber of Commerce, and
Rotary Club of Golden Valley
o Execute a long-term plan to introduce Golden Valley small and medium
businesses to renewable energy opportunities, allowing for the lengthy process
that many businesses use to consider capital investments.
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
6
Supporting Clean Energy
F. Providing support for initiatives targeting both residents and businesses recommending
subscription to renewable energy programs
o Use available communication opportunities to publicize support for subscribing to
renewable energy opportunities.
o Activate an outreach campaign to reach small and medium businesses in Golden
Valley, encouraging them to consider a renewable subscription to demonstrate
their civic pride.
o Support distribution of a recognition piece thanking subscribers for their support
of Golden Valley’s Energy Action Plan.
G. Providing support for “near-site” and on-site renewable energy options
o Facilitate collaboration between municipal departments to leverage on-site solar
installation permits as an opportunity to educate and motivate residents
concerning their options for participation in one of many support program
alternatives.
H. Developing outreach materials to support the City’s plan to encourage broad adoption of
electric vehicles.
o Facilitate development of an initiative to motivate installation of public electric
vehicle charging at commercial properties by researching ownership and
suitability of commercial properties in Golden Valley.
o Research feasibility of ideas to support electric vehicle purchase and ownership
in Golden Valley.
Project Management
• Participate in coordination and tracking of scheduled check-ins, activities, and events.
• Provide Xcel Energy an opportunity to review marketing materials to assure accuracy
when they incorporate the Xcel Energy logo or reference any of Xcel Energy’s products
or services.
• Share the plan document, supporting work documents, collateral, and implementation
results from the Energy Action Plan with the public. The experience, successes, and
lessons learned from this community will inform others looking at similar or expanded
initiatives.
Legal Applicability and Waiver
This is a voluntary agreement and not intended to be legally binding for either party. This
Memorandum of Understanding has no impact, nor does it alter or modify any existing
Franchise Agreement or other existing agreements between Xcel Energy and Golden Valley.
Parties agree that this Memorandum of Understanding is to memorialize the intent of the Parties
regarding Partners in Energy but does not create a legal agreement between the Parties. It is
agreed by the Parties that nothing in this Memorandum of Understanding will be deemed or
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
7
construed as creating a joint venture, trust, partnership, or any other legal relationship among
the Parties. This Memorandum of Understanding is for the benefit of the Parties and does not
create third party rights. Nothing in this Memorandum of Understanding constitutes a waiver of
Golden Valley ordinances, Golden Valley regulatory jurisdiction, or Minnesota’s utility regulatory
jurisdiction.
Single Points of Contact
All communications pertaining to this agreement shall be directed to Eric Eckman on behalf of
Golden Valley and Tami Gunderzik on behalf of Xcel Energy.
Xcel Energy is excited about this opportunity to support Golden Valley in advancing its goals.
The resources outlined above and provided through Partners in Energy are provided as a part
of our commitment to the communities we serve and Xcel Energy’s support of energy efficiency
and renewable energy as important resources to meet your future energy needs.
XCEL ENERGY PARTNERS IN ENERGY
Memorandum of Understanding
Implementation Phase
8
For Golden Valley:
Signature:
___________________________________
Name: TIMOHTY J CRUIKSHANK
___________________________________
Title: CITY MANAGER
___________________________________
Date:
___________________________________
For Xcel Energy:
Signature:
_________________________________
Name:
_________________________________
Title:
_________________________________
Date:
__________________________________
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
4. A. Public Hearing to Vacate an Alley Easements North of Manor Drive between Zenith Avenue North
and Xerxes Avenue North, Resolution No. 21-31.
Prepared By
R.J. Kakach, Assistant City Engineer
Summary
In August of 2020, the property owner at 3125 26th Avenue North requested the alleyway adjacent to
their property be vacated. Staff evaluated the request and determined that it was also appropriate to
include the remaining alleyways to the south of 3125 26th Avenue North that are not currently paved.
Staff generated a petition for the property owner at 3125 26th Avenue North to route to their
neighbors for support of the alleyway vacation. The petition was returned with seven signatures
supporting the easement vacation.
A notice of public hearing regarding the proposed easement vacation was published and posted and
letters were sent to the affected property owners. Staff sent a letter to all private utility companies
requesting their review and comment, and there have been no objections to this easement vacation. A
drainage and Utility easement shall be retained over all vacated alleys. Since the easements are not
adjacent to a public water, notice to the Commissioner of Natural Resources is not required.
In accordance with state statutes, a four-fifths majority vote in favor of the resolution is required to
approve this easement vacation.
Attachments
• Easement Vacation Exhibit (1 page)
• Resolution No. 21-31 Vacating Alley Easements North of Manor Drive between Zenith Avenue
North and Xerxes Avenue North (2 pages)
Recommended Action
Motion to adopt Resolution No. 21-31 Vacating Alley Easements North of Manor Drive between Zenith
Avenue North and Xerxes Avenue North.
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55°56'1737.5Manor DrXerxes Ave NZenith Ave N26th Ave N
Vista Dr0 100 20050Feetby the City of Golden Valley, 3/2/2021 I
Proposed ROW Vacation,Retain Drainage and UtilityEasement over vacated Alley
RESOLUTION NO. 21-31
RESOLUTION VACATING ALLEY EASEMENT
NORTH OF MANOR DRIVE BETWEEN ZENITH AVENUE NORTH
AND XERXES AVENUE NORTH
WHEREAS, a petition signed by the majority of property owners abutting an alley
easement on the property described as north of Manor Drive between Zenith Avenue North
and Xerxes Avenue North (the “Alley”) was received by the City Clerk on April 30, 2021;
and
WHEREAS, the petition requested that the City Council, pursuant to Minnesota
Statutes, section 412.851 vacate the Alley, which is legally described as follows:
All alleys adjacent to Lots 1 through 9 and 21 through 25, Block 1, Delphine Heights,
Hennepin County, Minnesota.
WHEREAS, the City Engineer reviewed and examined the signatures on said
petition and determined that such signatures constituted a majority of the landowners
abutting upon the alley to be vacated; and
WHEREAS, the City Engineer reviewed and examined City records related to the
Alley and determined that no public utilities exist within the area proposed for vacation; and
WHEREAS, a public hearing to consider the vacation of such street was held on
May 4, 2021 before the City Council in the City Hall located at 7800 Golden Valley Road,
Golden Valley, MN at 6:30 p.m. after due published and posted notice had been given, as
well as personal mailed notice to all affected property owners by the City Clerk on the 22nd
day of April, 2021 and all interested and affected persons were given an opportunity to
voice their concerns and be heard; and
WHEREAS, the Council has evaluated its interest and use of the property and has
determined that the vacation will benefit the public interest because the vacation reduces
maintenance costs and liability to the City and is predicted to foster economic growth in the
City of Golden Valley by allowing adjacent property owners to make improvements to their
properties and by increasing tax revenue and general prosperity.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley that:
1. The petition for vacation is hereby granted and the Alley described as follows is
hereby vacated:
All alleys adjacent to Lots 1 through 9; and 21 through 25, Block 1, Delphine
Heights, Hennepin County, Minnesota.
2. The City of Golden Valley reserves to and for itself a drainage and utility easement
over the vacated Alley, including the right to install, maintain, and operate facilities
in the vacated right-of-way and to enter upon the right-of-way at any time to
reconstruct, inspect, maintain, or repair the facilities.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of May, 2021.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
4. B. Public Hearing – Hidden Lakes PUD No. 74, Amendment No. 8 – 1300 Hidden Lakes Parkway
Prepared By
Jason Zimmerman, Planning Manager
Summary
Regency Hospital of Minneapolis, LLC, is applying for a Major PUD Amendment to allow for the
expansion of the existing hospital building within the Hidden Lakes development on the east side of Twin
Lake. The expansion would include 9,531 square feet of office/mechanical space and 19,722 square feet
of space for 26 new patient suites. In addition, the expansion would trigger a reconfiguration of the
parking lot, utility reroutes, changes to landscaping, and new stormwater infrastructure.
The Planning Commission considered this application at two regular meetings on January 25 and April 12,
2021. After extended engagement with the hospital team, representatives from the Hidden Lakes
Homeowners Association Board, residents, and staff, the Planning Commission unanimously
recommended approval of the amendment (6-0) with a number of conditions of approval.
If the City Council votes to approve the amendment, staff would work with the applicant to prepare both
an updated PUD Permit and a Development Agreement, which would be brought back to the Council for
consideration at a future meeting.
Background and Existing Conditions
The Hidden Lakes PUD was created in 1997 and replaced an even older PUD that encompassed a number
of buildings associated with the Golden Valley Health Center. The current PUD includes not only 152
homes (both single-family and attached units), but also the main parking lot for the Courage Kenney
Rehabilitation Institute, a public boat launch onto Sweeney Lake, and Regency Hospital.
Regency Hospital is located at the far south end of the development. The only vehicular access to the
development is via Hidden Lakes Parkway from Golden Valley Road and the streets within the
development are private. A private access easement agreement allows the hospital to use Hidden Lakes
Parkway to reach its property, outlines how maintenance of this roadway is handled, details rights
related to signage, and includes a process for potentially dedicating Hidden Lakes Parkway as a public
right-of-way. With Twin Lake to the west and Theodore Wirth Park to the east and south, there are no
other avenues for access to the hospital.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
The property is zoned Institutional (I-3) which treats hospitals and other outpatient surgical facilities as
conditional uses. The western edge, along Twin Lake, falls within the City’s Shoreland Management area.
The property contains a roughly 83,700 square foot two-story building constructed in 1957. While it has
a license for 92 beds, it currently has only 66 as at some point in the past the hospital eliminated double
patient rooms and moved to a model of single beds. The proposal to expand the building would include
26 more single-bed rooms, bringing the hospital back up to its full allowance of 92 beds.
The main entrance drive to the hospital property splits the building, to the west, from the parking lot, to
the east. The current parking lot configuration provides 173 parking stalls, though a less well-defined
paved area along the southern property line provides space for additional employee vehicles. Given the
size of the current facility, the amount of parking is nonconforming but was deemed to be adequate
when the PUD was first approved. A public trail sits mostly outside of the property along the east edge of
the parking lot, though it does cross onto the hospital property in the southeast corner.
As a part of the engagement related to this proposal, staff were made aware of three current areas of
complaint regarding the hospital. First, residents within Hidden Lakes have raised concerns about
speeding along Hidden Lakes Parkway. The posted speed limit is 20 mph. Second, there have been
reports that many vehicles fail to stop when they approach the marked intersection with Waterford
Court/Waterford Drive. Finally, residents who walk along the public trail near the parking lot have
complained about a prevalence of litter on the ground.
Proposal
The PUD amendment before the City would add approximately 29,253 square feet of space to the
existing building. Much of this additional space (19,722 square feet) would be for 26 new single-bed
suites on the second floor of the hospital, facing the parking lot. An additional 9,531 square feet would
be for reception, offices, a conference room, and mechanicals.
The addition would extend along the southeast face of the existing building, with much of the new
square footage being added to the second floor to provide continuity with the existing patient care
areas. Existing mechanicals – some of which currently sit outdoors – would be enclosed on the ground
level. A new entrance, complete with a reworked porte cochère, would face the parking lot. On the
second floor, a new day room would be constructed in the northeast corner of the building.
Exterior materials have been selected to complement the existing façades and would consist of natural
stone, glass, artificial stucco (EIFS), and prefinished metal panels. Broadly, the architecture would
continue the current mid-century modern aesthetic.
In order to accommodate the expanded building, the existing parking lot would be reconfigured. The
entrance drive to the property would shift eastwards, eliminating one row of parking along the western
edge of the parking lot. To compensate, the parking lot would be expanded to the south, requiring the
removal of a small knoll and the trees on it. Overall, 37 parking stalls would be added for a total of 210
spaces. The City’s required parking ratio for a hospital is one space per every 350 gross square feet. For
the proposed building size (112,995 square feet), this would result in the need for 323 parking spaces.
However, the applicant has stated that the type of facility (acute care) operates differently than a typical
hospital and requires fewer parking spaces. Across the country, the facilities operated by Select Medical
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
3
construct a minimum of two parking stalls per bed. Accordingly, they feel a minimum of 92 * 2 = 184
stalls are needed in this case, and that the number of stalls being proposed sufficiently exceeds this.
In response to concerns expressed by residents in homes to the east, the original parking lot plans were
modified to pull the parking lot curb further away from the east property line and to provide space for an
additional vegetative buffer and a six foot high solid limestone wall. As can be seen on the attached
landscape plan, a row of trees is proposed to be planted within the buffer, between the parking lot and
the public trail. Additional landscaping would be added throughout the site, but would be focused on the
north edge of the building (the initial view upon entering the site) and the entrance area surrounding the
port cochère.
Stormwater management would primarily be handled through an underground system installed beneath
the parking lot. This would allow surface water to be treated before being directed into Hidden Lakes
Pond 3 to the north of the site.
New lighting would be installed within the parking lot and on the exterior of the building. The fixtures
would comply with the City’s outdoor lighting requirements and would incorporate motion sensors to
ensure that the lights would dim when not needed, thereby reducing levels for surrounding properties.
The new day room constructed as part of the addition would utilize mechanical shades to help prevent
the light from shining out towards the neighborhood from the large windows at night.
Community Engagement
In light of current COVID restrictions, a virtual neighborhood meeting was held on December 3 in place of
an in-person meeting. Roughly 53 residents were on the call and expressed a number of concerns,
including those listed above but also frustration at the speed with which the proposal was advancing. In
response to these concerns, and in coordination with staff, the applicant delayed the initial public
hearing from December 14 to January 25.
The proposal for the hospital expansion has been subjected to a great deal of scrutiny as noted below:
September 22, 2020 – staff meeting on site to understand the project scope
November 6 – electronic plans shared with staff
November 10 – applicant team virtual meeting with staff to discuss plans
November 13 – submittal of PUD amendment application
December 2 – virtual meeting with Hidden Lakes Association board
December 3 – virtual meeting with Hidden Lakes residents
Month of December – subsequent conversations with Hidden Lakes Association Board
January 13, 2021 – submittal of revised plan set
January 25 – Planning Commission public hearing
Months of February and March – continued conversations with Hidden Lakes Association Board
and City staff
March 29 – submittal of second revised plan set
April 12 – second Planning Commission hearing
Staff and elected officials received numerous communications from residents of Hidden Lakes about this
proposal prior to the initial public hearing on January 25. At that hearing, 11 callers provided comments
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
4
on the proposal. Following, staff received seven additional emails. At the second meeting on April 12,
there were three additional calls from residents and staff has received additional resident
communications prior to the City Council meeting. All comments have been captured and are attached
either as part of the Planning Commission meeting minutes or in separate emails.
Over the past few months, the Association Board worked closely with the hospital to address primary
areas of concern for residents of Hidden Lakes. Staff fielded many questions regarding possible
mitigation efforts, and ultimately both a private agreement and a revised plan set were produced. A
summary of the private agreement was shared with the residents of Hidden Lakes on April 7 (attached).
While some residents remained opposed to any expansion of the hospital, primary concerns appear to
have shifted to more nuanced questions about proposed tree species and long-term maintenance of
landscaping.
Staff has received comments from the Minneapolis Park and Recreation Board (attached). The Park
Board supports the project, but did provide a few requests related to permitting and construction. Due
to its location adjacent to Twin Lake, the Minnesota Department of Natural Resources is also required to
be contacted regarding this proposal. To date, staff has not received any comments from the DNR.
Evaluation
A detailed evaluation of the revised proposal can be found in the April 12 staff memo to the Planning
Commission; a summary of each area of evaluation is provided below.
Land Use and Zoning
As a PUD, the City can offer flexibility from the regular zoning requirements in order to achieve a better
development. The proposal would require zoning flexibility from City Code in three ways:
1. The south corner of the existing building is currently nonconforming with respect to the
required setback and would remain at this distance under the new proposal.
2. The height of two new stair towers would rise to 40 feet 8 inches, above the maximum allowed
height of 36 feet.
3. The existing site layout does not provide the required 25 feet of landscaped buffer along all rear
and side yards. The proposed site plan maintains the existing distances in some places, reduces
it in others, and increases it along the east property line in order to provide space for a new
wall and additional screening.
Parking
As discussed above, there are existing nonconformities with respect to the number of parking spaces
currently on site, as well as the number of bicycle parking spaces. The proposed expansion does
increase the number of parking stalls in order to accommodate increases in the number patients, staff,
and visitors, but overall the ratio would remain below what current code requires.
Traffic
There are two separate areas of consideration for Hidden Lakes Parkway, the only access drive through
the development to Regency Hospital.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
5
First, the existing arrangement between the two parties (the Hidden Lakes Association and the hospital)
is a private agreement to share the road and manage all aspects of design, signage, maintenance, and
cost sharing. The City is not a party to this agreement and has no contractual or property interest in the
road. To that end, the City has a very limited role to play in resolving questions about impacts to the
roadway due to heavy use by construction vehicles as well as any cost sharing arrangement between the
parties to finance future maintenance or reconstruction. However, the City may take the position that
resolving and documenting a solution is important enough that it could withhold approval of the PUD
amendment until such agreements have been reached by the two parties. This has been achieved with
the new private agreement drafted in early April.
Second, the City’s involvement, through police action, in monitoring and enforcing speeds and stop signs
on Hidden Lakes Parkway is challenged by the ownership of this roadway (a private street). The speed
limit on other public local streets is higher than that on the private roads within Hidden Lakes (30 mph
vs. 20 mph). The City Attorney has determined that this limits the City’s ability to enforce the lower
speed limit. It is possible that a reduction in the citywide speed limit – something under consideration –
could make enforcement possible, but that is not a certainty and cannot be determined at this time. The
Police Department is engaged in ongoing discussions with hospital staff and Association representatives
to continue to address this issue. Similarly, police staff have been in discussions with the hospital to
address the issue of failing to stop at the intersection of Hidden Lakes Parkway with Waterford
Court/Drive.
While residents report that it is hospital employees who regularly speed or fail to stop, it is likely that this
behavior extends to some residents of Hidden Lakes as well. Placing the entire burden of correcting
these issues onto the hospital would be unfair. The new private agreement commits both parties to
continuing to work to resolve these concerns.
Lighting
New lighting is proposed for the expanded parking lot and on the exterior of the building. The submitted
photometric plan meets the requirements of the City’s Outdoor Lighting standards. The applicant has
proposed to use motion sensors within the parking lot in order allow lighting levels to remain low when
there is no activity within the lot. In addition, residents expressed concern about the windows on the
second floor day room and the potential for interior lighting to impact homes to the east. The applicant
has committed to installing motion sensors in this room and to providing electronic shades to reduce the
possibility of this being a problem.
Landscaping
The landscaping plan submitted primarily addresses two things: screening the parking lot from homes to
the east and providing an enhanced visual experience to those arriving at the site and using the front
entrance.
With the updated plans, staff believes the applicant has provided significant screening in the form of a
solid six foot wall and a variety of shrubs and trees along the east property line, taking the additional
step of pulling back the existing curb of the parking lot in order to provide a wide enough area to plant
significant vegetation. While the trees are meant to provide screening to a significant height, the
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
6
addition of the solid wall will shield nearby homes from the glare of headlights as vehicles utilize the
further row of parking stalls. Fire staff have even offered to consider possible options to allow some
degree of screening across the emergency access lane to fill the remaining gap.
Following the Planning Commission meeting on April 12, one resident contacted staff requesting an
additional wall be required along the north edge of the parking lot in an effort to reduce views of the
parking lot and block the glare of headlights for homes along Waterford Drive, to the north and east of
the hospital site. In order to provide space for the wall and additional landscaping, similar to that along
the east edge of the parking lot, he suggested moving the parking lot curb further from the property line.
This could be accomplished by removing five parking spaces and therefore picking up an additional nine
feet of buffer space. Representatives from the Association Board indicated that concerns had been
expressed by some members of Hidden Lakes about the relative safety of a section of the public trail
being screened from view by the wall and vegetation, especially with a pond being immediately adjacent.
Staff suggests exploring if mitigation of headlights could be achieved through the use of additional low
vegetative plantings instead of a wall.
While the proposal is to remove approximately 13 significant and legacy trees, the number of
replacements more than compensates for those removals as dictated by the City’s replacement
calculator (roughly 38 replacement trees required; 55 trees, 159 shrubs, and 416 perennials proposed).
Architectural and Material Standards
The proposed addition is subject to the City’s architectural and materials standards for additions and
expansions found in Section 113-157 of the City Code. Staff believes the architectural design of the
addition not only complements the style and features of the original building and its mid-century
modern character, but provides an enhanced appearance to both the public and to nearby residents of
Hidden Lakes. One building façade, facing the interior courtyard, falls short of the required use of 40%
Class I materials. This façade is not visible to the public.
Engineering and Fire Safety
As is standard practice for development proposals, plans were reviewed by the City’s Engineering
Division and a number of comments and requirements were noted for the applicant, primarily focused
on stormwater and other permitting requirements. These have been incorporated into the proposed
conditions or the development agreement that is being drafted.
The Fire Department reviewed this proposal to ensure that adequate emergency access is achieved on
the site and that any public safety concerns have been addressed.
Other
At the January 25 meeting, a number of residents expressed concern regarding litter originating from the
hospital grounds and either remaining in the parking lot or being dispersed onto the public trail and near
the pond. In response, the new private agreement outlines steps that the hospital will take to maintain a
designated smoking area for staff and the installation of new trash receptacles in the parking lot and
along the perimeter of the campus.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
7
Many residents also worried that the areas below the proposed second floor addition were being
prepped for future expansions. The applicant has assured both the City and the Association that there
are no future expansion plans. Furthermore, the ability to expand the hospital beyond its 92 bed license
would require action by the Minnesota legislature, decreasing the likelihood this would happen. In order
to demonstrate further assurance, the new private agreement includes this commitment on the part of
the hospital.
Anticipated Development Timeline
Although delayed from the originally anticipated timeline, the work to complete the addition (permitting
and construction) is expected to take approximately 12 months from the time of approval by the City
Council.
Findings
In order approve an amendment to a PUD, the City must be able to make certain findings as outlined in
Section 113-123, Subd. (c)(2) of the City Code. These findings, along with staff responses, are listed
below:
Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site
and achieve a higher quality of site planning and design than generally expected under
conventional provisions of the zoning chapter.
The PUD amendment is tailored to the specific characteristics of the site in that it avoids
impacts to Twin Lake by focusing change to the east side of the property and that the
proposed architecture complements the mid-century modern features of the existing
building.
Preservation. The PUD plan must preserve and protect substantial desirable portions of the
site’s characteristics, open space, and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
Although the PUD amendment would result in the removal of a handful of existing trees, it
attempts to mitigate these removals through tree replacement and high quality landscaping.
New stormwater treatment would be added to an area in which it is currently lacking,
thereby improving water quality in the Sweeney Lake sub-watershed.
Efficient; Effective. The PUD plan must include efficient and effective use of the land (which
includes preservation).
The proposed amendment would utilize land efficiently by maximizing the existing license for
hospital beds currently issued for this facility and improving on-site stormwater treatment.
Consistency. The PUD plan must result in development that is compatible with adjacent uses
and consistent with the Comprehensive Plan and redevelopment plans and goals.
The proposal is consistent with the current use on the site and impacts to the surrounding
residential neighborhood have been minimized through landscaping and lighting controls.
The proposal is consistent with the City’s Comprehensive Plan, which calls for the support of
non-residential growth opportunities and utilizing the PUD process as a way to achieve
zoning flexibility, as well as requiring the use of high-quality, durable materials in new
developments and integrating new developments with existing architectural character.
General Health. The PUD plan must be consistent with preserving and improving the general
health, safety, and welfare of the people of the city.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
8
The PUD amendment would improve general health by providing water quality
improvements to the Sweeney Lake sub-watershed, would improve safety by spurring a
coordinated education and enforcement effort for vehicles traveling along Hidden Lakes
Parkway, and would improve the welfare by allowing for the modernization of an aging
facility.
Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section
113-123 as well as all other provisions.
The creativity and flexibility provided under the PUD section of the Zoning Code allows for
the unique arrangement of uses and parcels within the Hidden Lakes development; achieves
a high quality of site planning, design, landscaping, and building materials; and the efficient
and effective use of land. The PUD amendment meets the Intent and Purpose provision of
the City Code.
After numerous conversations with the applicant and representatives from the Hidden Lakes
Association Board, and with significant efforts on the part of the hospital and the Board to reach a
private agreement addressing numerous issues, staff believes important revisions have been made
that address most of the concerns brought forward by individuals. The Board believes its primary
issues have been resolved and that there is support from a large number of Hidden Lakes residents.
While all residents might not agree with the proposed solutions, staff and the Board believe the
progress that has been made not only supports a recommendation of approval of the PUD
amendment, but also puts into place a number of provisions and protections for the neighborhood
that do not currently exist.
Therefore, staff recommends approval of Amendment #8 to Hidden Lakes PUD No. 74, subject to the
following conditions:
1. The plans for the Regency Hospital addition, submitted January 13, 2021, and subsequently
updated on March 29, shall become a part of this approval. Required revisions include:
a. Showing and labeling the access gate and trail along the south property line.
b. Reducing the lighting levels under the second floor addition and under the port cochère.
c. Working with staff to locate the designated smoking area for employees and visitors.
d. Indicating the location of trash receptacles in and around the parking lot.
2. Public bicycle racks or similar facilities for a minimum of 11 bicycles shall be provided. The applicant
shall work with staff to appropriately locate the bicycle facilities.
3. The applicant shall provide a snow storage/removal plan that does not reduce the number of
parking stalls nor impact the public trail for staff review and approval prior to City approval of the
PUD Permit.
4. A public walkway easement shall be dedicated over the public trail in the southeast corner of the
site. This trail shall be temporarily rerouted and maintained for public use during construction.
5. A permanent conservation easement shall be dedicated along the shoreland of Twin Lake.
6. The applicant shall repair and maintain the fence along the south property line to discourage cut
through foot traffic to Twin Lake.
7. The applicant shall utilize motion sensors on parking lot lighting, and utilize motions sensors and
motorized shades on timers within the day room, in order to reduce unnecessary illumination and
reduce impacts to adjacent properties.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
9
8. The applicant shall install and maintain landscaping adjacent to the public trail on the east side of
the property in accordance with the approved plans on file with the City. Maintenance shall include
all reasonable care, trimming, repairs, and replacement needed to ensure the landscaping
improvements are kept in good condition.
9. With the exception of oxygen deliveries, large truck deliveries and pick-ups shall be limited to the
hours of 7 am to 8 pm daily.
10. The hospital shall be limited to a total of 92 beds. The building footprint shall not be expanded
without the required review and approval by the City.
11. The applicant shall work with staff to address questions around the outdoor chemical storage areas
near the southwest corner of the building.
12. Plans must be reviewed and approved by the Bassett Creek Watershed Management Commission.
13. A stormwater maintenance and chloride management agreement with the City shall be executed.
14. The applicant shall complete all inspections related to the City’s Inflow and Infiltration
requirements and work with staff to resolve any repairs or improvements necessary.
15. An updated agreement between the hospital and association, addressing reimbursement
procedures and commitments for construction-related damage on Hidden Lakes Parkway and the
reallocation of roadway expenses, shall be provided to the City for review prior to approval of the
PUD Permit.
16. The applicant shall share with the City its plan for management of trash in and around the parking
lot as well as for employee communication around these efforts.
17. The applicant shall address the three conditions outlined by the Minneapolis Park and Recreation
Board in its letter dated December 29, 2020.
18. A development agreement shall be drafted prior to City approval of the PUD Permit and shall
include details on:
a. Permitted days and hours of construction activity.
b. The location and nature of construction parking, access, delivery, staging, equipment
and materials storage, and employee parking.
c. A neighborhood “Hot Line” for issue resolution.
This approval is subject to all other state, federal, and local ordinances, regulations, or laws with
authority over this development.
Financial Or Budget Considerations
There are no financial or budgetary consideration for the City.
Recommended Action
Motion to adopt Ordinance No. 712, Approval of Major PUD Amendment, Hidden Lakes P.U.D. No. 74,
Amendment #8.
Motion to adopt Resolution No. 21-32, Approving Summary Publication of Ordinance No. 712.
Supporting Documents
• Location Map (1 page)
• Memos to the Planning Commission dated January 25 and April 12, 2021 (25 pages)
• Planning Commission minutes from January 25 and April 12, 2021 (17 pages)
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
10
• Public comments received by staff and City Council Members (38 pages)
• Hidden Lakes Homeowners Association Board letter to residents dated April 7, 2021 (3 pages)
• Plans from Kimley-Horn dated January 13 and updated March 29, 2021 (21 pages)
• Memorandum from Kimley-Horn regarding Trip Generation and Roadway Capacity (3 pages)
• Letter from the Minneapolis Park and Recreation Board dated December 29, 2020 (2 pages)
• Ordinance No. 712 Approval of Major PUD Amendment, Hidden Lakes P.U.D. No. 74, Amendment
#8 (3 pages)
• Resolution No. 21-32 Approving Summary Publication of Ordinance No. 712 (1 page)
Location Map
1
Date: January 25, 2021
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Hidden Lakes PUD No. 74, Amendment #8 – 1300 Hidden
Lakes Parkway
Property address: 1300 Hidden Lakes Parkway Property owner: Regency Hospital of Mpls
Applicant: Regency Hospital of Mpls Lot size: 9.12 acres
Zoning district: Institutional (I‐3) Future land use: Medical
Current use: Acute care hospital Proposed use: Same
Adjacent uses: Hidden Lakes residential neighborhoods (north and east); Twin Lake (west);
Theodore Wirth Regional Park (south)
2018 aerial photo (Hennepin County)
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Summary
Regency Hospital of Minneapolis, LLC, is applying for a Major PUD Amendment to allow for the
expansion of the existing hospital building within the Hidden Lakes development on the east side of
Twin Lake. The expansion would include 9,531 square feet of office/mechanical space and 19,722
square feet of space for 26 new patient suites. In addition, the expansion would trigger a
reconfiguration of the parking lot, utility reroutes, changes to landscaping, and new stormwater
infrastructure.
Background and Existing Conditions
The Hidden Lakes PUD was created in 1997 and replaced an even older PUD that encompassed a
number of buildings associated with the Golden Valley Health Center. The current PUD includes not
only 152 homes (both single‐family and attached units), but also the main parking lot for the
Courage Kenney Rehabilitation Institute, a public boat launch onto Sweeney Lake, and Regency
Hospital.
Regency Hospital is located at the far south end of the development. The only vehicular access to
the development is via Hidden Lakes Parkway from Golden Valley Road and the streets within the
development are private. A private access easement agreement allows the hospital to use Hidden
Lakes Parkway to reach its property, outlines how maintenance of this roadway is handled, details
rights related to signage, and includes a process for potentially dedicating Hidden Lakes Parkway as
a public right‐of‐way. With Twin Lake to the west and Theodore Wirth Park to the east and south,
there are no other avenues for access to the hospital.
The property is zoned Institutional (I‐3) which treats hospitals and other outpatient surgical
facilities as conditional uses. The western edge, along Twin Lake, falls within the City’s Shoreland
Management area. The property contains a roughly 83,700 square foot two‐story building
constructed in 1957. While it has a license for 92 beds, it currently has only 66 as at some point in
the past the hospital eliminated double patient rooms and moved to a model of single beds. The
proposal to expand the building would include 26 more single‐bed rooms, bringing the hospital
back up to its full allowance of 92 beds.
The building has not yet been found to be compliant with the City’s Inflow and Infiltration
requirements. An initial inspection of the sanitary sewer system was conducted in October of 2020,
but additional investigations remain to be carried out. Any existing deficiencies must be addressed
as a part of this project.
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1300 Hidden Lakes Parkway ‐ Existing Conditions
The main entrance drive to the hospital property splits the building, to the west, from the parking
lot, to the east. The current parking lot configuration provides 173 parking stalls, though a less well‐
defined paved area along the southern property line provides space for additional employee
vehicles. Given the size of the current facility, the amount of parking is nonconforming but was
deemed to be adequate when the PUD was first approved. A public trail sits mostly outside of the
property along the east edge of the parking lot, though it does cross onto the hospital property in
the southeast corner.
A small knoll sits to the south of the parking lot, rising roughly eight feet above the level of the
parking lot. A number of mature elms, oaks, and spruces grow on top of this knoll.
The site is located within the Sweeney Lake sub‐watershed of the Bassett Creek watershed and
therefore all plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
As a part of the engagement related to this proposal, staff have been made aware of three current
areas of complaint regarding the hospital. First, residents within Hidden Lakes have raised concerns
about speeding along Hidden Lakes Parkway. The posted speed limit is 20 mph. Second, there have
been reports that many vehicles fail to stop when they approach the marked intersection with
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Waterford Court/Waterford Drive. Finally, residents who walk along the public trail near the
parking lot have complained about a prevalence of litter on the ground.
Proposal
The PUD amendment before the City would add approximately 29,253 square feet of space to the
existing building. Much of this additional space (19,722 square feet) would be for 26 new single‐
bed suites on the second floor of the hospital, facing the parking lot. An additional 9,531 square
feet would be for reception, offices, a conference room, and mechanicals.
1300 Hidden Lakes Parkway ‐ Proposed Conditions
5
The addition would extend along the southeast face of the existing building, with much of the new
square footage being added to the second floor to provide continuity with the existing patient care
areas. Existing mechanicals – some of which currently sit outdoors – would be enclosed on the
ground level. A new entrance, complete with a reworked porte cochère, would face the parking lot.
On the second floor, a new day room would be constructed in the northeast corner of the building.
Exterior materials have been selected to complement the existing façades and would consist of
natural stone, glass, artificial stucco (EIFS), and prefinished metal panels. Broadly, the architecture
would continue the current mid‐century modern aesthetic.
In order to accommodate the expanded building, the existing parking lot would be reconfigured.
The entrance drive to the property would shift eastwards, eliminating one row of parking along the
western edge of the parking lot. To compensate, the parking lot would be expanded to the south,
requiring the removal of the knoll and the trees on it. Overall, 44 parking stalls would be added for
a total of 217 spaces. The City’s required parking ratio for a hospital is one space per every 350
gross square feet. For the proposed building size (112,995 square feet), this would result in the
need for 323 parking spaces. However, the applicant has stated that the type of facility (acute care)
operates differently than a typical hospital and requires fewer parking spaces. Across the country,
the facilities operated by Select Medical construct a minimum of two parking stalls per bed.
Accordingly, they feel a minimum of 92 * 2 = 184 stalls are needed in this case, and that the
number of stalls being proposed sufficiently exceeds this.
In response to concerns expressed by residents in homes to the east, the original parking lot plans
were modified to pull the parking lot curb further away from the east property line and to provide
space for an additional vegetative buffer. As can be seen on the attached landscape plan (page 14
of the plan set), a row of trees – primarily evergreens – is proposed to be planted within the buffer,
between the parking lot and the public trail. Additional landscaping would be added throughout
the site, but would be focused on the north edge of the building (the initial view upon entering the
site) and the entrance area surrounding the port cochère.
Stormwater management would primarily be handled through an underground system installed
beneath the parking lot. This would allow surface water to be treated before being directed into
Hidden Lakes Pond 3 to the north of the site.
New lighting would be installed within the parking lot and on the exterior of the building. The
fixtures would comply with the City’s outdoor lighting requirements and would incorporate motion
sensors to ensure that the lights would dim when not needed, thereby reducing levels for
surrounding properties. The new day room constructed as part of the addition would utilize
mechanical shades to help prevent the light from shining out towards the neighborhood from the
large windows at night.
The applicant also submitted a traffic study to provide projections of the additional trips on Hidden
Lakes Parkway likely to occur as a result of the larger facility. It shows an increase of roughly 42%
over the current estimated trips, from 578 trips per day to 822 trips per day. The number of
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existing trips is not based on actual observations, but utilizes the Institute of Transportation
Engineers Trip Generation Manual and assigns trips based on facility square footage.
Community Engagement
In light of current COVID restrictions, a virtual neighborhood meeting was held on December 3 in
place of an in‐person meeting. Roughly 53 residents were on the call and expressed a number of
concerns, including those listed above but also frustration at the speed with which the proposal
was advancing. In response to these concerns, and in coordination with staff, the applicant delayed
the initial public hearing from December 14 to January 25.
The proposal for the hospital expansion has been subjected to a great deal of scrutiny as noted
below:
September 22, 2020 – staff meeting on site to understand the project scope
November 6 – electronic plans shared with staff
November 10 – applicant team virtual meeting with staff to discuss plans
November 13 – submittal of PUD amendment application
December 2 – virtual meeting with Hidden Lakes Association board
December 3 – virtual meeting with Hidden Lakes residents
Month of December – subsequent conversations with Hidden Lakes Association board
January 13, 2021 – submittal of revised plan set
January 20 – virtual meeting with staff to review plans
January 21 – virtual meeting with Hidden Lakes Association board to review plans
Staff and elected officials have received numerous communications from residents of Hidden Lakes
about this proposal (attached). Primary areas of concern include:
Excessive speeds on Hidden Lakes Parkway
Failure to stop at marked stop signs on Hidden Lakes Parkway
Concerns over wear and tear to Hidden Lakes Parkway from construction vehicles and
subsequent long term maintenance costs
Spillover from lights within the parking lot and from the proposed day room
Littering within the parking lot and on the public trail
Removal of mature trees and paving of pervious areas
Staff has received comments from the Minneapolis Park and Recreation Board (attached). The Park
Board supports the project, but did provide a few requests related to permitting and construction.
Due to its location adjacent to Twin Lake, the Minnesota Department of Natural Resources is also
required to be contacted regarding this proposal. To date, staff has not received any comments
from the DNR.
Evaluation
Land Use and Zoning Considerations
As a PUD, the City can offer flexibility from the regular zoning requirements in order to achieve a
better development. The following table summarizes how closely the requirements of the
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Institutional Zoning District are met under the current proposal (areas that depart from the typical
requirements are highlighted in yellow):
Institutional Zoning Hidden Lakes PUD 74 –
Amendment #8
Use Hospitals and outpatient
surgical facilities
Acute care hospital
Dimensional Standards
Lot coverage (structures) 25% maximum 11% (existing)
16% (proposed)
Front setback 35’ NA
Side and rear setbacks 50’ 39.62’ (south ‐ existing)
39.62’ (south ‐ proposed)
Building height Three stories or 36’,
whichever is less
27’‐8” to top of roof parapet,
40’‐8” to top of stair towers
Landscaped buffers 25’ in width along side and
rear property lines
As little as 0’ (existing)
As little as 0’ to the south, 8’‐
9” to the east (proposed)
The proposed PUD amendment would require zoning flexibility from the City Code in the following
ways:
1) The south corner of the existing building is only 40 feet from the property line, less than
the 50 foot setback required under zoning. This dimension does not change under the
new proposal and all portions of the addition respect the required side and rear yard
setback.
2) The height of two new stair towers would exceed 36 feet. Both would rise to a height of
40 feet 8 inches. Staff is comfortable with this zoning flexibility given the limited area
impacted and the purpose being served.
3) The existing site layout does not conform to the requirement that the first 25 feet of each
side and rear yard be landscaped. At various points along the south, east, and north side
of the site, the parking lot extends almost to property line. The proposed site plan
maintains this proximity in some places, extends it in others, and reduces it along the east
property line in order to provide space for additional evergreen screening. Staff is
comfortable saying that the proposed site plan is no worse in this regard in comparison to
the existing situation.
Parking
As discussed above, there are existing nonconformities with respect to the number of parking
spaces currently on site, as well as the number of bicycle parking spaces. The proposed expansion
does increase the number of parking stalls in order to accommodate increases in the number
patients, staff, and visitors, but overall the ratio would remain below what current code requires.
8
Vehicle Parking
Parking spaces required for:
Hospital (1/350 sq. ft.)
Existing ‐ 83,742 sq. ft
240 required
173 provided (72%)
Proposed – 112,995
323 required
217 proposed (67%)
Bicycle Parking
5% of vehicle parking required Existing – 240 spaces
12 required
0 provided
Proposed – 217 spaces
17 required
0 proposed
1) The number of parking spaces proposed is below the minimum ratio required for a
hospital in City Code. The existing parking ratio is nonconforming but is above the
applicant’s reported target ratio of two spaces per patient bed (66 * 2 = 132 stalls). The
proposed ratio would also be above this target ratio (92 * 2 = 184 stalls). While additional
spaces are being added, the percentage of the required amount is less under the
proposed layout (67% of the number required) than the existing conditions (72% of the
number required). Staff has little empirical evidence as to the adequacy of the current
situation; aerial photos taken between 2000 and 2020 show the lot anywhere from 27%
to 80% full.
2) There are currently no dedicated spaces for bicycle parking on site; the proposal does not
indicate the addition of any spaces. While staff does not believe that the code‐required 17
bicycle parking spaces are needed, 5% of the proposed number of vehicles spaces (11)
does seems appropriate.
Traffic
There are two separate areas of consideration for Hidden Lakes Parkway, the only access drive
through the development to Regency Hospital.
First, the arrangement between the two parties (the Hidden Lakes Association and the hospital) is a
private agreement to share the road and manage all aspects of design, signage, maintenance, cost
sharing. The City is not a party to this agreement and has no contractual or property interest in the
road. To that end, the City has a very limited role to play in resolving questions about impacts to
the roadway due to heavy use by construction vehicles as well as any cost sharing arrangement
between the parties to finance future maintenance or reconstruction. However, the City may take
the position that resolving and documenting a solution is important enough that it could withhold
approval of the PUD amendment until such agreements have been reached by the two parties.
Second, the City’s involvement, through police action, in monitoring and enforcing speeds and stop
signs on Hidden Lakes Parkway is challenged by the ownership of this roadway (a private street).
The speed limit on other public local streets is higher than that on the private roads within Hidden
Lakes (30 mph vs. 20 mph). The City Attorney has determined that this limits the City’s ability to
enforce the lower speed limit. It is possible that a reduction in the citywide speed limit – something
under consideration – could make enforcement possible, but that is not a certainty and cannot be
9
determined at this time. The Police Department is engaged in ongoing discussions with hospital
staff and Association representatives to continue to address this issue. Similarly, police staff have
been in discussions with the hospital to address the issue of failing to stop at the intersection of
Hidden Lakes Parkway with Waterford Court/Drive.
While residents report that it is hospital employees who regularly speed or fail to stop, it is likely
that this behavior extends to some residents of Hidden Lakes as well. Placing the entire burden of
correcting these issues onto the hospital would be unfair. Staff supports all parties continuing to
work to address these concerns.
Lighting
New lighting is proposed for the expanded parking lot and on the exterior of the building. The
submitted photometric plan appears to meet the requirements of the City’s Outdoor Lighting
standards, though additional adjustments to the lighting under the second floor addition and
within the port cochère are still being discussed. Regardless, the level of illumination at any
property line remains below the 0.5 footcandle limit.
The applicant has proposed to use motion sensors within the parking lot in order allow lighting
levels to remain low when there is no activity within the lot. In addition, residents expressed
concern about the windows on the second floor day room and the potential for interior lighting to
impact homes to the east. The applicant has offered to both install motion sensors in this room and
to provide electronic shades to reduce the possibility of this being a problem.
Landscaping
The landscaping plan submitted primarily addresses two things: screening the parking lot from
homes to the east and providing an enhanced visual experience to those arriving at the site and
using the front entrance.
Staff believes the applicant has provided significant screening in the form of evergreens along the
east property line, taking the additional step of pulling back the existing curb of the parking lot in
order to provide a wide enough area to plant vegetation. While the current plans focus on trees to
provide screening to a significant height, staff has also requested the addition of low shrubbery to
shield nearby homes from the glare of headlights as vehicles utilize the further row of parking
stalls.
While the proposal is to remove approximately 13 significant and legacy trees, the number
replacements more than compensates for those removals as dictated by the City’s replacement
calculator (38 replacement trees required; 59 trees, 174 shrubs, and 328 perennials proposed).
Architectural and Material Standards
The proposed addition is subject to the City’s architectural and materials standards for additions
and expansions found in Section 113‐157 of the City Code:
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Architectural. The exterior wall surface materials, roof treatment, colors, textures, major
divisions, proportion, rhythm of openings, and general architectural character, including
horizontal or vertical emphasis, scale, stylistic features of additions, and exterior alterations
shall address and respect the original architectural design and general appearance of the
principal building on the site and shall comply with the requirements of this section.
Staff believes the architectural design of the addition not only complements the style and
features of the original building and its mid‐century modern character, but provides an
enhanced appearance to both the public and to nearby residents of Hidden Lakes.
Materials. All façades of a building addition or expansion shall be composed of at least 90%
Class I materials until the appropriate minimum Class I percentage standards for the building
are met.
As an Institutional zoned property, any building elevation visible from a public‐right‐of‐way
must be comprised of at least 50% Class I materials and no more than 10% Class III materials.
All other building elevations must contain at least 40% Class I materials and not more than 10%
Class III materials.
Each façade must use a minimum of two types of Class I materials.
Staff finds the proposed material mix for three of the four façades (as shown in the tables on
page 20 of the plan set) meets the City standards.
The east elevation (visible as the public enters the site) has 55% Class I materials and no Class III
materials.
The south and west elevations have at least 40% Class I materials and no Class III materials.
The north elevation, which is visible only from the interior courtyards of the hospital, has only
35% Class I materials. Given the limited visibility of this façade staff is comfortable with the
proposed mix of materials.
All sides of the addition contain two types of Class I materials (both natural stone and glass). No
Class III materials are used.
Engineering and Fire Safety Considerations
As is standard practice for development proposals, plans were reviewed by the City’s Engineering
Division and the following notes were provided:
A public walkway easement must be dedicated over the portion of the public trail that
crosses the southeast corner of the site. This trail must be temporarily rerouted and
maintained for public use during construction.
The access gate and trail used by public safety staff for emergency park access must be
shown and labeled on the plans. Any proposed changes to the gate or trail must be
coordinated with public safety staff.
Staff recommends working with the City to dedicate a permanent conservation easement
along the shoreland of Twin Lake consistent with easements previously dedicated on Twin
and Sweeney Lakes. This will help the City meet its floodplain and shoreland
management, natural resources, and climate action goals. The applicant should prepare
an exhibit and the City will prepare the easement documents for recording.
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Stormwater Plan
Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
A stormwater maintenance and chloride management agreement with City shall be
executed.
If an existing MPCA Industrial Stormwater permit for outdoor storage and handling of
materials exists for this site, it must be forwarded to staff.
o Staff will work with public safety staff to get their input on potential leaks/spills
from the various sources in the southern portion of the site and the optimal
stormwater management configuration to help mitigate potential environmental
impacts and improve any emergency response effort.
o Applicant should work with public safety to ensure secondary containment on all
outdoor storage areas.
The applicant has provided a stormwater report that describes why above‐ground multi‐
benefit “green infrastructure” will not work on this site, due to balancing numerous
constraints and factors, and what they are providing for public benefit in the proposed
plan (enhanced landscaping, oversizing the required stormwater treatment volume,
capturing and treating as much runoff from existing building and parking lot as feasible).
They are also exploring the dedication of a permanent conservation easement along Twin
Lake to help provide additional public benefit and assist the City in meeting its floodplain
and shoreland management, natural resources, and climate action goals, such as:
o Encourage development that saves or increases green spaces.
o Encourage the preservation or establishment of native and natural vegetation near
shorelands.
o Increase tree canopy in areas with low coverage, areas with high heat
vulnerability, and areas exposed to more vehicle exhaust.
Resilience and Sustainability Goals to Consider
Add renewable energy capacity or infrastructure (including EV charging stations or
supporting infrastructure).
Integrate energy efficiency standards and sustainable design features into project.
Work with the electric utility during planning and design to identify opportunities and
programs to enhance efficiencies.
Reduce impervious surface area where possible, and use lighter colored pavements and
building materials to mitigate urban heat island effect.
The Fire Department reviewed this proposal to ensure that adequate emergency access is achieved
on the site and that any public safety concerns are addressed. One change was requested and has
been shared with the applicant – the access into the parking lot from the end of Woodland Trail
must remain unimpeded by parking stalls or by vegetation. Plans must reflect this change prior to
any approval of a PUD Permit.
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Other Considerations
A number of residents expressed concern that the areas below the proposed second floor addition
were being prepped for future expansions. The applicant has assured both the City and the
Association that there are no future expansion plans. Furthermore, the ability to expand the
hospital beyond its 92 bed license would require action by the Minnesota legislature, decreasing
the likelihood this would happen.
Anticipated Development Timeline
Although delayed from the originally anticipated timeline, the work to complete the addition
(permitting and construction) is expected to take approximately 12 months from the time of
approval by the City Council.
Findings
In order approve an amendment to a PUD, the City must be able to make the following findings:
Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site
and achieve a higher quality of site planning and design than generally expected under
conventional provisions of the zoning chapter.
The PUD amendment is tailored to the specific characteristics of the site in that it avoids
impacts to Twin Lake by focusing change to the east side of the property and that the
proposed architecture complements the mid‐century modern features of the existing
building.
Preservation. The PUD plan must preserve and protect substantial desirable portions of the
site’s characteristics, open space, and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
Although the PUD amendment would result in the removal of a handful of existing trees, it
attempts to mitigate these removals through tree replacement and high quality landscaping.
New stormwater treatment would be added to an area in which it is currently lacking,
thereby improving water quality in the Sweeney Lake sub‐watershed.
Efficient; Effective. The PUD plan must include efficient and effective use of the land (which
includes preservation).
The proposed amendment would utilize land efficiently by maximizing the existing license for
hospital beds currently issued for this facility and improving on‐site stormwater treatment.
Consistency. The PUD plan must result in development that is compatible with adjacent uses
and consistent with the Comprehensive Plan and redevelopment plans and goals.
The proposal is consistent with the current use on the site and impacts to the surrounding
residential neighborhood have been minimized through landscaping and lighting controls.
The proposal is consistent with the City’s Comprehensive Plan, which calls for the support of
non‐residential growth opportunities and utilizing the PUD process as a way to achieve
zoning flexibility, as well as requiring the use of high‐quality, durable materials in new
developments and integrating new developments with existing architectural character.
General Health. The PUD plan must be consistent with preserving and improving the general
health, safety, and welfare of the people of the city.
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The PUD amendment would improve general health by providing water quality
improvements to the Sweeney Lake sub‐watershed, would improve safety by spurring a
coordinated education and enforcement effort for vehicles traveling along Hidden Lakes
Parkway, and would improve the welfare by allowing for the modernization of an aging
facility.
Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section
113‐123 as well as all other provisions.
The creativity and flexibility provided under the PUD section of the Zoning Code allows for
the unique arrangement of uses and parcels within the Hidden Lakes development; achieves
a high quality of site planning, design, landscaping, and building materials; and the efficient
and effective use of land. The PUD amendment meets the Intent and Purpose provision of
the City Code.
Recommendation
After numerous conversations with the applicant and representatives from the Hidden Lakes
Association Board, staff believes significant revisions have been made to the initial proposal that
address many of the concerns brought forward by individual residents. The Board believes a
majority of its issues have been resolved and the few items that remain appear to be close to
resolution. While all residents might not agree with the proposed solutions, staff believes enough
progress has been made to be able to recommend approval of the PUD amendment, allowing the
hospital to make the desire improvements while also protecting the interests of the surrounding
neighborhood.
Staff recommends approval of Amendment #8 to Hidden Lakes PUD No. 74, subject to the
following conditions:
1. The plans for the Regency Hospital addition, submitted January 13, 2021, and subsequently
updated to address City comments, shall become a part of this approval. Required revisions
include:
a. Showing and labeling the access gate and trail along the south property line.
b. Removing three parking stalls and shrubs from the emergency access directly
opposite Woodland Trail and working with staff to design the curb to allow
emergency vehicle access.
c. Adding coniferous shrubs along the eastern edge of the parking lot.
d. Reducing the lighting levels under the second floor addition and under the port
cochère.
e. Indicating a location for snow storage that does not reduce the number of parking
stalls nor impact the public trail.
2. A public walkway easement shall be dedicated over the public trail in the southeast corner of
the site. This trail shall be temporarily rerouted and maintained for public use during
construction.
3. A permanent conservation easement shall be dedicated along the shoreland of Twin Lake.
4. The applicant shall work with staff to address questions around the outdoor chemical storage
areas near the southwest corner of the building.
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5. Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
6. A stormwater maintenance and chloride management agreement with the City shall be
executed.
7. The applicant shall complete all inspections related to the City’s Inflow and Infiltration
requirements and work with staff to resolve any repairs or improvements necessary.
8. An updated agreement between the hospital and association, addressing reimbursement
procedures and commitments for construction‐related damage on Hidden Lakes Parkway and
the reallocation of roadway expenses, shall be provided to the City for review.
9. The applicant shall repair and maintain the fence along the south property line to discourage
cut through foot traffic to Twin Lake.
10. The applicant shall share with the City its plan for management of trash in and around the
parking lot as well as for employee communication around these efforts.
11. The applicant shall utilize motion sensors on parking lot lighting, and utilize motions sensors
and motorized shades on timers within the day room, in order to reduce unnecessary
illumination and reduce impacts to adjacent properties.
12. The applicant shall address the three conditions outlined by the Minneapolis Park and
Recreation Board in its letter dated December 29, 2020.
13. Public bicycle racks or similar facilities a minimum of 11 bicycles shall be provided. The
applicant shall work with staff to appropriately locate the bicycle facilities.
14. The hospital shall be limited to a total of 92 beds. The building footprint shall not be
expanded without the required review and approval by the City.
15. A development agreement shall be drafted prior to City approval of the PUD Permit and shall
include details on:
a. Permitted days and hours of construction activity.
b. The location and nature of construction parking, access, delivery, staging,
equipment and materials storage, and employee parking.
This approval is subject to all other state, federal, and local ordinances, regulations, or laws with
authority over this development.
Attachments
Location Map (1 page)
Plans from Kimley‐Horn dated January 13, 2021 (21 pages)
Memorandum from Kimley‐Horn regarding Trip Generation and Roadway Capacity (3 pages)
Letter from the Minneapolis Park and Recreation Board dated December 29, 2020 (2 pages)
Public comments received by staff and City Council Members (28 pages)
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Date: April 12, 2021
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Continued Consideration of a Major Amendment to
Hidden Lakes PUD No. 74 – 1300 Hidden Lakes Parkway
Summary
Regency Hospital of Minneapolis, LLC, is applying for a Major PUD Amendment to allow for the
expansion of the existing hospital building within the Hidden Lakes development on the east side of
Twin Lake. The expansion would include 9,531 square feet of office/mechanical space and 19,722
square feet of space for 26 new patient suites. In addition, the expansion would trigger a
reconfiguration of the parking lot, utility reroutes, changes to landscaping, and new stormwater
infrastructure.
The Planning Commission initially considered this application at its regular meeting on January 25,
2021. After a lengthy discussion that included comments from residents as part of the public
testimony, Commissioners tabled the item without taking action in order to allow the applicant and
the Hidden Lakes Homeowners Association time to continue to work to resolve a handful of
concerns.
Since that meeting, the Association Board and the hospital have worked to finalize the details of a
private agreement addressing a number of items. In addition, the applicant has prepared updated
plans that primarily include changes to the eastern edge of the parking lot in an effort to better
mitigate impacts to the surrounding neighborhood.
Outstanding Issues
At the conclusion of the previous meeting, four main issues remained to be resolved:
1. Hidden Lakes Parkway – concerns around traffic speeds, stop sign compliance, and cost
sharing for construction damage and future maintenance of the roadway
2. Parking lot – issues related to the layout and impacts on the immediate property owners
3. Landscaping – questions regarding the extent and quality of the vegetation chosen along
the eastern property line
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4. Trash complaints – expressed desire for a plan of action to address litter emanating from
employees and visitors of the hospital
Each of these four issues, along with other areas of discussion, were addressed within either the
new private agreement or the revised plan set.
Updated Proposal
As part of the revised plans, the parking lot would be pulled back from the east property line,
creating additional space for landscaping and a solid limestone wall. The reduction in parking lot
width would be achieved by reducing the width of two drive aisles from 27 and 28 feet to the 24
foot minimum allowed by City Code. The additional seven feet of space saved would then be
utilized to construct a six foot high brick or limestone wall as well as a vegetative buffer of trees
and shrubs between the parking lot and the public trail. Additional landscaping would be added
throughout the site, but would be focused on the north edge of the building (the initial view upon
entering the site) and the entrance area surrounding the port cochère.
Overall, 37 parking stalls would be added for a total of 210 spaces. This is a reduction of seven
spaces over the previous parking lot layout. The City’s required parking ratio for a hospital is one
space per every 350 gross square feet. For the proposed building size (112,995 square feet), this
would result in the need for 323 parking spaces. However, the applicant has stated that the type of
facility (acute care) operates differently than a typical hospital and requires fewer parking spaces.
Across the country, the facilities operated by Select Medical construct a minimum of two parking
stalls per bed. Accordingly, they feel a minimum of 92 * 2 = 184 stalls are needed in this case, and
that the number of stalls being proposed sufficiently exceeds this.
Community Engagement
At the initial public hearing on January 25, 11 callers provided comments on the proposal. Since the
conclusion of that hearing, staff has received seven additional emails (attached).
Over the last few months, the Association Board continued to work with the hospital to address
primary areas of concern for residents of Hidden Lakes. Staff fielded many questions regarding
possible mitigation efforts, and ultimately both a private agreement and a revised plan set were
produced. A summary of the private agreement was shared with the residents of Hidden Lakes on
April 7 (attached).
While some residents remained opposed to any expansion of the hospital, primary concerns
appear to have shifted to more nuanced questions about proposed tree species and long‐term
maintenance of landscaping.
Staff did share the revised plans with the Minneapolis Park and Recreation Board. Park Board staff
had no additional comments and remained supportive of the project.
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Evaluation
Land Use and Zoning Considerations
As a PUD, the City can offer flexibility from the regular zoning requirements in order to achieve a
better development. The following table summarizes how closely the requirements of the
Institutional Zoning District are met under the current proposal (areas that depart from the typical
requirements are highlighted in yellow):
Institutional Zoning Hidden Lakes PUD 74 –
Amendment #8
Use Hospitals and outpatient
surgical facilities
Acute care hospital
Dimensional Standards
Lot coverage (structures) 25% maximum 11% (existing)
16% (proposed)
Front setback 35’ NA
Side and rear setbacks 50’ 39.62’ (south ‐ existing)
39.62’ (south ‐ proposed)
Building height Three stories or 36’,
whichever is less
27’‐8” to top of roof parapet,
40’‐8” to top of stair towers
Landscaped buffers 25’ in width along side and
rear property lines
As little as 0’ (existing)
As little as 0’ to the south, 8’‐
10” to the east (proposed)
The proposed PUD amendment would require zoning flexibility from the City Code in the following
ways:
1) The south corner of the existing building is only 40 feet from the property line, less than
the 50 foot setback required under zoning. This dimension does not change under the
new proposal and all portions of the addition respect the required side and rear yard
setback.
2) The height of two new stair towers would exceed 36 feet. Both would rise to a height of
40 feet 8 inches. Staff is comfortable with this zoning flexibility given the limited area
impacted and the purpose being served.
3) The existing site layout does not conform to the requirement that the first 25 feet of each
side and rear yard be landscaped. At various points along the south, east, and north side
of the site, the parking lot extends almost to property line. The proposed site plan
maintains this proximity in some places, extends it in others, and reduces it along the east
property line in order to provide space for additional screening. Staff is comfortable
saying that the proposed site plan is no worse in this regard in comparison to the existing
situation.
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Parking
As discussed above, there are existing nonconformities with respect to the number of parking
spaces currently on site, as well as the number of bicycle parking spaces. The proposed expansion
does increase the number of parking stalls in order to accommodate increases in the number
patients, staff, and visitors, but overall the ratio would remain below what current code requires.
Vehicle Parking
Parking spaces required for:
Hospital (1/350 sq. ft.)
Existing ‐ 83,742 sq. ft
240 required
173 provided (72%)
Proposed – 112,995
323 required
210 proposed (65%)
Bicycle Parking
5% of vehicle parking required Existing – 240 spaces
12 required
0 provided
Proposed – 210 spaces
17 required
0 proposed
1) The number of parking spaces proposed is below the minimum ratio required for a
hospital in City Code. The existing parking ratio is nonconforming but is above the
applicant’s reported target ratio of two spaces per patient bed (66 * 2 = 132 stalls). The
proposed ratio would also be above this target ratio (92 * 2 = 184 stalls). While additional
spaces are being added, the percentage of the required amount is less under the
proposed layout (65% of the number required) than the existing conditions (72% of the
number required). Staff has little empirical evidence as to the adequacy of the current
situation; aerial photos taken between 2000 and 2020 show the lot anywhere from 27%
to 80% full.
2) There are currently no dedicated spaces for bicycle parking on site; the proposal does not
indicate the addition of any spaces. While staff does not believe that the code‐required 17
bicycle parking spaces are needed, 5% of the proposed number of vehicles spaces (11)
does seems appropriate.
Traffic
There are two separate areas of consideration for Hidden Lakes Parkway, the only access drive
through the development to Regency Hospital.
First, the existing arrangement between the two parties (the Hidden Lakes Association and the
hospital) is a private agreement to share the road and manage all aspects of design, signage,
maintenance, and cost sharing. The City is not a party to this agreement and has no contractual or
property interest in the road. To that end, the City has a very limited role to play in resolving
questions about impacts to the roadway due to heavy use by construction vehicles as well as any
cost sharing arrangement between the parties to finance future maintenance or reconstruction.
However, the City may take the position that resolving and documenting a solution is important
enough that it could withhold approval of the PUD amendment until such agreements have been
reached by the two parties. This has been achieved with the new private agreement drafted in
early April.
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Second, the City’s involvement, through police action, in monitoring and enforcing speeds and stop
signs on Hidden Lakes Parkway is challenged by the ownership of this roadway (a private street).
The speed limit on other public local streets is higher than that on the private roads within Hidden
Lakes (30 mph vs. 20 mph). The City Attorney has determined that this limits the City’s ability to
enforce the lower speed limit. It is possible that a reduction in the citywide speed limit – something
under consideration – could make enforcement possible, but that is not a certainty and cannot be
determined at this time. The Police Department is engaged in ongoing discussions with hospital
staff and Association representatives to continue to address this issue. Similarly, police staff have
been in discussions with the hospital to address the issue of failing to stop at the intersection of
Hidden Lakes Parkway with Waterford Court/Drive.
While residents report that it is hospital employees who regularly speed or fail to stop, it is likely
that this behavior extends to some residents of Hidden Lakes as well. Placing the entire burden of
correcting these issues onto the hospital would be unfair. The new private agreement commits
both parties to continuing to work to resolve these concerns.
Lighting
New lighting is proposed for the expanded parking lot and on the exterior of the building. The
submitted photometric plan appears to meet the requirements of the City’s Outdoor Lighting
standards, though additional adjustments to the lighting under the second floor addition and
within the port cochère are still being discussed. Regardless, the level of illumination at any
property line remains below the 0.5 footcandle limit.
The applicant has proposed to use motion sensors within the parking lot in order allow lighting
levels to remain low when there is no activity within the lot. In addition, residents expressed
concern about the windows on the second floor day room and the potential for interior lighting to
impact homes to the east. The applicant has offered to both install motion sensors in this room and
to provide electronic shades to reduce the possibility of this being a problem.
Landscaping
The landscaping plan submitted primarily addresses two things: screening the parking lot from
homes to the east and providing an enhanced visual experience to those arriving at the site and
using the front entrance.
With the updated plans, staff believes the applicant has provided significant screening in the form
of a solid six foot wall and a variety of shrubs and trees along the east property line, taking the
additional step of pulling back the existing curb of the parking lot in order to provide a wide enough
area to plant significant vegetation. While the trees are meant to provide screening to a significant
height, the addition of the solid wall will shield nearby homes from the glare of headlights as
vehicles utilize the further row of parking stalls. Fire staff have even offered to consider possible
options to allow some degree of screening across the emergency access lane to fill the remaining
gap.
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While the proposal is to remove approximately 13 significant and legacy trees, the number of
replacements more than compensates for those removals as dictated by the City’s replacement
calculator (roughly 38 replacement trees required; 55 trees, 159 shrubs, and 416 perennials
proposed).
The City’s forestry staff will continue to work with the applicant to refine the landscaping plan as
the permitting and construction process continues. Initial comments include adjustments to some
species of trees proposed to better fit the space provided, as well as a consideration of alternative
types of plantings.
Architectural and Material Standards
The proposed addition is subject to the City’s architectural and materials standards for additions
and expansions found in Section 113‐157 of the City Code:
Architectural. The exterior wall surface materials, roof treatment, colors, textures, major
divisions, proportion, rhythm of openings, and general architectural character, including
horizontal or vertical emphasis, scale, stylistic features of additions, and exterior alterations
shall address and respect the original architectural design and general appearance of the
principal building on the site and shall comply with the requirements of this section.
Staff believes the architectural design of the addition not only complements the style and
features of the original building and its mid‐century modern character, but provides an
enhanced appearance to both the public and to nearby residents of Hidden Lakes.
Materials. All façades of a building addition or expansion shall be composed of at least 90%
Class I materials until the appropriate minimum Class I percentage standards for the building
are met.
As an Institutional zoned property, any building elevation visible from a public‐right‐of‐way
must be comprised of at least 50% Class I materials and no more than 10% Class III materials.
All other building elevations must contain at least 40% Class I materials and not more than 10%
Class III materials.
Each façade must use a minimum of two types of Class I materials.
Staff finds the proposed material mix for three of the four façades (as shown in the tables listed
with the building elevations in the plan set) meets the City standards.
The east elevation (visible as the public enters the site) has 55% Class I materials and no Class III
materials.
The south and west elevations have at least 40% Class I materials and no Class III materials.
The north elevation, which is visible only from the interior courtyards of the hospital, has only
35% Class I materials. Given the limited visibility of this façade staff is comfortable with the
proposed mix of materials.
All sides of the addition contain two types of Class I materials (both natural stone and glass). No
Class III materials are used.
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Engineering and Fire Safety Considerations
As is standard practice for development proposals, plans were reviewed by the City’s Engineering
Division and the following notes were provided:
A public walkway easement must be dedicated over the portion of the public trail that
crosses the southeast corner of the site. This trail must be temporarily rerouted and
maintained for public use during construction.
Any proposed changes to the gate or trail used by public safety staff for emergency park
access must be coordinated with public safety staff.
Staff recommends working with the City to dedicate a permanent conservation easement
along the shoreland of Twin Lake consistent with easements previously dedicated on Twin
and Sweeney Lakes. This will help the City meet its floodplain and shoreland
management, natural resources, and climate action goals. The applicant should prepare
an exhibit and the City will prepare the easement documents for recording.
Stormwater Plan
Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
A stormwater maintenance and chloride management agreement with City shall be
executed.
If an existing MPCA Industrial Stormwater permit for outdoor storage and handling of
materials exists for this site, it must be forwarded to staff.
o Staff will work with public safety staff to get their input on potential leaks/spills
from the various sources in the southern portion of the site and the optimal
stormwater management configuration to help mitigate potential environmental
impacts and improve any emergency response effort.
o Applicant should work with public safety to ensure secondary containment on all
outdoor storage areas.
The applicant has provided a stormwater report that describes why above‐ground multi‐
benefit “green infrastructure” will not work on this site, due to balancing numerous
constraints and factors, and what they are providing for public benefit in the proposed
plan (enhanced landscaping, oversizing the required stormwater treatment volume,
capturing and treating as much runoff from existing building and parking lot as feasible).
They are also exploring the dedication of a permanent conservation easement along Twin
Lake to help provide additional public benefit and assist the City in meeting its floodplain
and shoreland management, natural resources, and climate action goals, such as:
o Encourage development that saves or increases green spaces.
o Encourage the preservation or establishment of native and natural vegetation near
shorelands.
o Increase tree canopy in areas with low coverage, areas with high heat
vulnerability, and areas exposed to more vehicle exhaust.
8
Resilience and Sustainability Goals to Consider
Add renewable energy capacity or infrastructure (including EV charging stations or
supporting infrastructure).
Integrate energy efficiency standards and sustainable design features into project.
Work with the electric utility during planning and design to identify opportunities and
programs to enhance efficiencies.
Reduce impervious surface area where possible, and use lighter colored pavements and
building materials to mitigate urban heat island effect.
The Fire Department reviewed this proposal to ensure that adequate emergency access is achieved
on the site and that any public safety concerns are addressed.
Other Considerations
At the January 25 meeting, a number of residents expressed concern regarding litter originating
from the hospital grounds and either remaining in the parking lot or being dispersed onto the
public trail and near the pond. In response, the new private agreement outlines steps that the
hospital will take to maintain a designated smoking area for staff and the installation of new trash
receptacles in the parking lot and along the perimeter of the campus.
Many residents also worried that the areas below the proposed second floor addition were being
prepped for future expansions. The applicant has assured both the City and the Association that
there are no future expansion plans. Furthermore, the ability to expand the hospital beyond its 92
bed license would require action by the Minnesota legislature, decreasing the likelihood this would
happen. In order to demonstrate further assurance, the new private agreement includes this
commitment on the part of the hospital.
Anticipated Development Timeline
Although delayed from the originally anticipated timeline, the work to complete the addition
(permitting and construction) is expected to take approximately 12 months from the time of
approval by the City Council.
Findings
In order approve an amendment to a PUD, the City must be able to make the following findings:
Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site
and achieve a higher quality of site planning and design than generally expected under
conventional provisions of the zoning chapter.
The PUD amendment is tailored to the specific characteristics of the site in that it avoids
impacts to Twin Lake by focusing change to the east side of the property and that the
proposed architecture complements the mid‐century modern features of the existing
building.
Preservation. The PUD plan must preserve and protect substantial desirable portions of the
site’s characteristics, open space, and sensitive environmental features including steep
slopes, trees, scenic views, creeks, wetlands, and open waters.
9
Although the PUD amendment would result in the removal of a handful of existing trees, it
attempts to mitigate these removals through tree replacement and high quality landscaping.
New stormwater treatment would be added to an area in which it is currently lacking,
thereby improving water quality in the Sweeney Lake sub‐watershed.
Efficient; Effective. The PUD plan must include efficient and effective use of the land (which
includes preservation).
The proposed amendment would utilize land efficiently by maximizing the existing license for
hospital beds currently issued for this facility and improving on‐site stormwater treatment.
Consistency. The PUD plan must result in development that is compatible with adjacent uses
and consistent with the Comprehensive Plan and redevelopment plans and goals.
The proposal is consistent with the current use on the site and impacts to the surrounding
residential neighborhood have been minimized through landscaping and lighting controls.
The proposal is consistent with the City’s Comprehensive Plan, which calls for the support of
non‐residential growth opportunities and utilizing the PUD process as a way to achieve
zoning flexibility, as well as requiring the use of high‐quality, durable materials in new
developments and integrating new developments with existing architectural character.
General Health. The PUD plan must be consistent with preserving and improving the general
health, safety, and welfare of the people of the city.
The PUD amendment would improve general health by providing water quality
improvements to the Sweeney Lake sub‐watershed, would improve safety by spurring a
coordinated education and enforcement effort for vehicles traveling along Hidden Lakes
Parkway, and would improve the welfare by allowing for the modernization of an aging
facility.
Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section
113‐123 as well as all other provisions.
The creativity and flexibility provided under the PUD section of the Zoning Code allows for
the unique arrangement of uses and parcels within the Hidden Lakes development; achieves
a high quality of site planning, design, landscaping, and building materials; and the efficient
and effective use of land. The PUD amendment meets the Intent and Purpose provision of
the City Code.
Recommendation
After numerous conversations with the applicant and representatives from the Hidden Lakes
Association Board, and with significant efforts on the part of the hospital and the Board to reach
a private agreement addressing numerous issues, staff believes important revisions have been
made that address most of the concerns brought forward by individuals. The Board believes its
primary issues have been resolved and that there is support from a large number of Hidden Lakes
residents. While all residents might not agree with the proposed solutions, staff and the Board
believe the progress that has been made not only supports a recommendation of approval of the
PUD amendment, but also puts into place a number of provisions and protections for the
neighborhood that do not currently exist.
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Therefore, staff recommends approval of Amendment #8 to Hidden Lakes PUD No. 74, subject to
the following conditions:
1. The plans for the Regency Hospital addition, submitted January 13, 2021, and subsequently
updated on March 29, shall become a part of this approval. Required revisions include:
a. Showing and labeling the access gate and trail along the south property line.
b. Reducing the lighting levels under the second floor addition and under the port
cochère.
c. Working with staff to locate the designated smoking area for employees and
visitors.
d. Indicating the location of trash receptacles in and around the parking lot.
2. Public bicycle racks or similar facilities for a minimum of 11 bicycles shall be provided. The
applicant shall work with staff to appropriately locate the bicycle facilities.
3. The applicant shall provide a snow storage/removal plan that does not reduce the number of
parking stalls nor impact the public trail for staff review and approval prior to City approval of
the PUD Permit.
4. A public walkway easement shall be dedicated over the public trail in the southeast corner of
the site. This trail shall be temporarily rerouted and maintained for public use during
construction.
5. A permanent conservation easement shall be dedicated along the shoreland of Twin Lake.
6. The applicant shall repair and maintain the fence along the south property line to discourage
cut through foot traffic to Twin Lake.
7. The applicant shall utilize motion sensors on parking lot lighting, and utilize motions sensors
and motorized shades on timers within the day room, in order to reduce unnecessary
illumination and reduce impacts to adjacent properties.
8. The applicant shall install and maintain landscaping adjacent to the public trail on the east
side of the property in accordance with the approved plans on file with the City. Maintenance
shall include all reasonable care, trimming, repairs, and replacement needed to ensure the
landscaping improvements are kept in good condition.
9. With the exception of oxygen deliveries, large truck deliveries and pick‐ups shall be limited to
the hours of 7 am to 8 pm daily.
10. The hospital shall be limited to a total of 92 beds. The building footprint shall not be
expanded without the required review and approval by the City.
11. The applicant shall work with staff to address questions around the outdoor chemical storage
areas near the southwest corner of the building.
12. Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
13. A stormwater maintenance and chloride management agreement with the City shall be
executed.
14. The applicant shall complete all inspections related to the City’s Inflow and Infiltration
requirements and work with staff to resolve any repairs or improvements necessary.
15. An updated agreement between the hospital and association, addressing reimbursement
procedures and commitments for construction‐related damage on Hidden Lakes Parkway and
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the reallocation of roadway expenses, shall be provided to the City for review prior to
approval of the PUD Permit.
16. The applicant shall share with the City its plan for management of trash in and around the
parking lot as well as for employee communication around these efforts.
17. The applicant shall address the three conditions outlined by the Minneapolis Park and
Recreation Board in its letter dated December 29, 2020.
18. A development agreement shall be drafted prior to City approval of the PUD Permit and shall
include details on:
a. Permitted days and hours of construction activity.
b. The location and nature of construction parking, access, delivery, staging,
equipment and materials storage, and employee parking.
c. A neighborhood “Hot Line” for issue resolution.
This approval is subject to all other state, federal, and local ordinances, regulations, or laws with
authority over this development.
Attachments
Location Map (1 page)
Staff memo from January 25, 2021 (14 pages)
Planning Commission minutes from January 25, 2021 (12 pages)
Public comments received by staff and City Council Members since January 25 (7 pages)
Hidden Lakes Homeowners Association Board letter to residents dated April 7, 2021 (3 pages)
Plans from Kimley‐Horn dated January 13 and updated March 29, 2021 (21 pages)
Memorandum from Kimley‐Horn regarding Trip Generation and Roadway Capacity (3 pages)
Letter from the Minneapolis Park and Recreation Board dated December 29, 2020 (2 pages)
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 call‐in 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: Noah Orloff
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Gillian Rosenquist
2. Approval of Agenda
Chair Blum asked for a motion to approve the agenda.
MOTION made by Commissioner Baker, seconded by Commissioner Brookins, to approve the agenda
of January 25, 2021. 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 December 28, 2020.
MOTION made by Commissioner Pockl, seconded by Commissioner Johnson to approve minutes.
Staff called a roll call vote and the motion carried unanimously.
1. Informal Public Hearing – Informal Public Hearing on PUD 74 Major PUD Amendment
Applicant: Regency Hospital
Addresses: 1300 Hidden Lakes Parkway, Golden Valley MN
Jason Zimmerman, Planning Manager, opened the conversation with a presentation on the Major
PUD Amendment that would allow for a 29,000 sq. foot expansion of Regency Hospital at 1300
Hidden Lakes Parkway, as well as modifications to the parking lot, landscaping, and utilities.
January 25, 2021 – 7 pm
City of Golden Valley Planning Commission Regular Meeting
January 25, 2020 – 7 pm
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Background & Existing Conditions
PUD 74 created in 1997 on the site of the former Golden Valley Health Center
Area includes 152 homes (single‐family and attached), parking lot for Courage Kenney, public
boat launch onto Sweeney Lake, and Regency Hospital
All streets within the development are private; Hidden Lakes Parkway provides the only
access to the hospital
A private access agreement between the neighborhood and the hospital covers maintenance,
cost sharing, signage, etc.; the City is not a party to this agreement
Because of Sweeney and Twin Lakes (to the west) and Theodore Wirth Park (to the south),
no other routes to the hospital are possible
Hospital built in 1957 and is two stories of approximately 83,700 sq. ft. with an existing license
for 92 beds
Historically, many patient rooms had two beds but as of now there are 66 beds in single rooms
The expansion would add 26 single‐bed rooms to regain the full 92 beds allowed under the
current license
Parking lot has 170 spaces (3 more located next to the building) – nonconforming but allowed
under the existing PUD approvals
A knoll with mature trees is south of the parking lot
A public trail is to the east, mostly outside of the hospital property
Emergency access from Woodland Trail (to the east) intersects the parking lot
South property line is fenced to prevent public access to the unofficial beach on Twin Lake –
needs repair
Residents have expressed concerns regarding existing operations:
1. Speeding on Hidden Lakes Parkway (posted speed is 20 mph)
2. Failure to stop at marked signs/crosswalks on Hidden Lakes parkway
3. Littering in and around the parking lot
Proposal
Addition of 29,253 sq. ft. to the southeast side of the building
o 19,722 sq. ft. for 26 new patient rooms on the second floor facing the parking lot
o 9,531 square feet for reception, offices, conference room, etc.
Some outdoor mechanicals would be enclosed
Existing entrance/porte cochère would be reworked
New dining/day room added to the northeast corner on the second floor
Exterior materials mostly glass, natural stone, and EIFS – would continue the mid‐century
modern look
Parking lot reconfiguration triggered:
o Expand to the south, add 44 parking stalls
o Would remain under the usual required parking ratio
o Knoll and existing trees would be removed
New landscaping/screening added along east edge of parking lot – both low and high
Lighting would respond to the City’s “dark skies” requirements
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January 25, 2020 – 7 pm
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Stormwater treated/managed through an underground system
Traffic study provided to estimate new trips:
o Current trips from hospital estimated (not observed) using the trip generation data
for nursing homes
o Increase in square footage would generate an estimated 42% increase in trips per day
(578 to 822)
Timeline/Community Engagement
Onsite meeting with staff – September, 2020
Full plans shared with City – early November, 2020
Meeting with residents of Hidden Lakes – December 3, 2020
Conversations with Association Board – December, 2020
Submittal of revised plans – mid‐January, 2021
Tentative City Council hearing date – February 16, 2021
Staff Evaluation
No impervious limit for Institutional
properties
Applicant aims for a ratio of 2 stalls per
patient bed = 184 stalls
Plans must be revised to remove parking
stalls blocking emergency access drive
City has no role in the private access
agreement, but should ensure the two
parties have reached an agreement
before approving any PUD amendment
Speed limit on private roads is lower
than that on public roads, therefore PD
cannot enforce
o City consideration of citywide
lower speed limit may provide an
opportunity
PD communicating with the hospital to
resolve “failure to stop” issues
New lighting within the parking lot and
on the exterior of the building will meet
the City’s “dark skies” requirements
o Hospital to add motion sensors to
decrease unnecessary lights
Lighting under additions to be reduced
Resident concerns regarding lights from
windows in new day room
o Hospital will add motion sensors
and electronic shade to decrease
illumination
New landscaping would be added to the east side of the parking to help provide screening
o Evergreen trees would help screen views of the building
o Shrubs would help block glare of headlights
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o Plans must be revised to keep emergency access drive open
Other landscaping would be added to the entrance area
New architecture addresses and respect original design and general appearance of the
principal building
Materials meet the minimum requirements on 3 of 4 facades:
o Northwest elevation has only 35% Class I materials instead of 40% required by code
o Faces internally to the courtyards
No Class III materials proposed
Minneapolis Park and Recreation Board supports the proposal
MN DNR is reviewing the plans, no comments at this time
Residents expressed concern that future additions might be proposed:
o Hospital reports no additions are contemplated
o Any addition would require review and approval by the City
o An increase in the number of licensed beds would require action by the State
Legislature
Preliminary Findings
There are 6 findings the City has to be able to make:
Quality Site Planning
Preservation
Efficient/Effective
Consistency
General Health
Meets Requirements
Recommendation
Approval of Amendment #8 to Hidden Lakes PUD No. 74, subject to the following conditions:
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January 25, 2020 – 7 pm
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Staff took a break from presenting and answered some questions from Commissioners regarding
roads, the PUD itself, and City PD responsibility for private rules on roads and property.
Applicant
David Garman, Director of Design & Construction for Select Medical, introduced himself to the
group as the applicant representative. Garman stated that the goal is to update Regency hospital up
in order to modernize it and ensure it meets current standards for a facility. He expanded that when
Regency was built, it was common practice to have two patients per room and even have wards built
for groups of people. Regency’s goal is to create a more efficient building to conserve energy and to
build a more comfortable environment for its patients.
Chair Blum asked the applicant about a few resident concerns that were submitted regarding
ambulance noise and litter. The applicant responded that the Hospital CEO, Sean Stricker, has been
in discussion with the ambulance company regarding sirens during non‐emergency transfers. The
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applicant added that part of the design is to increase permeant trash containers. The facility is
currently attempting to address the concern by increasing maintenance rounds to clean trash on the
grounds.
Commissioner Segelbaum asked about the increase in hospital traffic on the private roads and if the
hospital will incur additional maintenance costs associated with the increase. Alan Catchpool,
Kimley‐Horn, current traffic study shows there will be an increase of 40% in hospital traffic. However,
when looking at the overall traffic, currently the hospital generates about 28.5% of the traffic on
hidden lakes parkway. The projected traffic generated by the hospital after the expansion will be
about 37% of the overall traffic.
Commissioner Pockl asked if the applicant has resolved most of the concerns raised by the local
homeowner’s association. Garman responded that majority of the concerns are resolved except for
traffic concerns and road maintenance cost adjustments. Commissioner Johnson asked if the
applicant had supporting information to illustrate that their proposed parking lot solution is the best
solution. Garman responded that they have a number of facilities with this design structure and
creating 2 stalls per room, has proven the best accommodation. Sean Stricker, CEO Select Medical,
added that the hospital only allows visitation 10‐12 hours a day, so the window of additional traffic
and parking is limited. Currently with Covid, hospital visits are on hold. Johnson asked the applicant
if they are requesting as many parking spots as listed in the plan, why isn’t light/visibility mitigation
directly addressed as well. There are spots to be saved and knolls and hills to be utilized for this
purpose. Garman responded that his team looked at maintaining the knoll but they found that
adding spots and creating an additional screen, mitigates. Shrubbery will be planted to shield
headlights from moving and parked cars. Catchpool added that the team is trying to utilize as much
of the current lot as it can, the roads have been narrowed to allow for additional screening. Utilities
to the hospital run underneath the knoll in the SE corner, as things are reconstructed and utilities
relocated, there’s no way to save the knoll as it stands.
Pockl asked if applicant has construction timeframes set. Garman stated they will work from 7‐5, M‐
F. The hardest part of the phase will be initially when the foundations are built and utilities relocated;
this process takes about 2‐3 months. After that timeframe, noises and disruptions will decrease so
the team would like to work 7‐5 on Saturday as well. Working 6 days a week will reduce the overall
construction time.
Jeff Eisenberg, President of local Homeowners Association, and Scott Booher, VP, were granted the
floor for public comment. Eisenberg stated that the HOA got involved about 7 months prior this this
public hearing and received 36‐hour notice prior to a local public engagement meeting. Eisenberg
reiterated a number of concerns already addressed and punctuated the road concerns as the top
concern for residents. He added that they would like Planning Commission to table this decision to
another meeting so they may have deeper conversations with the applicant and create a more
equitable resolution to traffic concerns. Eisenberg and Booher reiterated the short timeframe they
were given for this project and stated there are a number of issues they would still like to see a
compromise on. They added that he community knew they were living near a hospital but that
provisions for a hospital expansion were not added to their bylines. Booher stated that in the event
there was damage to the road during construction, the HOA would be responsible to repair that
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damage and then would need to go to the hospital to negotiate fair reimbursement. This is the main
driver for why the HOA would like a new agreement with the hospital, prior to construction.
Public Hearing
Chair Blum opened the public hearing at 9:03 PM.
L. Heiland
4251 Woodland Trail
I live directly across from the hospital, near the parking lot. I would like to respond to Sean Strickler
who, I believe, said garbage wasn’t a problem. I have seen people from the HA pickup bags of garbage
and hand deliver them to the front receptionist. I have picked up multiple masks and gloves. There’s
a bigger problem than realized. My main issue is the knoll, it’s the only thing blocking us from the
garbage, deliveries, and oxygen trucks. Without the knoll, our view will be the downside of the
hospital. If the knoll is to be removed, it would seem a knoll could be replaced. If young tress are
planted, there won’t be a separation in the winter and the knoll is an excellent barrier.
T. Wildenauer
4241 Woodland Trail
I live in the building next to the hospital, we must make it understood that the association does not
represent us nor is concerned with our concerns living in this close proximity. There are global issues
to be addressed but they do not cover all the needs of the neighbors living adjacent to the hospital.
There are single family homes as well as parks and we believe the expansion should not be allowed.
The parking lot doesn’t have a buffer, there is typically a 25‐foot buffer in a situation like this. People
remote start their cars and leave cars running, people come to the public trail and smoke because
they can’t near the hospital. We have hundreds of cigarette butts on the trail and in grass. The
additional space we need is not 8‐13 feet, it’s not shrubs and greenery, those things create a buffer
for only 6 months of the year. We view this as a direct link to the devaluation of our homes. The
removal of mature trees would change our yard, new trees will not have an impact for 5‐10 years. If
there isn’t an agreement between private parties and a private road, I believe the PUD cannot go
forward and be amended. I believe amending the PUD will have a direct effect on our lifestyle, as will
the 10 months of construction.
A. Aksan
1375 Waterford
We live on the east side of the hospital parking lot. The proposal we have is not for the expansion of
a high‐tech business which will bring high end jobs and prosperity in an industrial setting. This
expansion will permanently deface a beautiful neighborhood of 53 families that is surrounded by
three lakes and wildlife. The architect of the project stated that the first floor of the expansion is
being reserved for a future expansion. This makes sense as we look at a multimillion‐dollar
expansion, an increase in footprint, and think it’s only to add 26 beds. If this project is allowed to go
forward, this will be the beginning of the end for our neighborhood. If approved we will experience
an immediate drop in property values throughout our neighborhood and as our roads will be lined
up with idling trucks and construction equipment. I ask the Commission to deny the request and
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January 25, 2020 – 7 pm
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encourage the applicant to create a plan that is in harmony with the surroundings and not primarily
focused on financial gain.
P. Luis
1750 Waterford Ct.
I think the crux of this issue is that you have a commercial development in the middle of a residential
development. We all knew the hospital was here when we moved in and tolerate the nuisances and
potential hazards with traffic. My issue is that this hospital is planning a multifaced expansion. It’s
already too big for the current site and this will only be exasperated as time continues. I appreciate
the HOA and their work, but many of us are homeowners and we live here day to day. When we
bought our homes, we knew the hospital was here but we didn’t understand there would be an
expansion of this caliber.
N. Alexander
1430 Skyline Dr.
I have been a homeowner in Hidden Lakes for 20 years. Regency hospital has gone over many
changes in ownership and I honestly thought it would be plowed down and turned into condos. I’m
really concerned that Regency has been planning this expansion for four years and only gave
neighbors a few weeks to absorb. I’m not sure how friendly they are to the neighborhood. With a
number of other sites, I’m wondering why they are focused on this site, in a residential area, that
doesn’t fit into the long‐term plan of their business.
D. Berry
1385 Waterford Dr.
We’ve lived here for 15 years, I want to say many thanks to Jason Zimmerman and all his work to
bring the parties together and make good things happen.
(At this point the call center line was disconnected due to a technology issue and soon resumed)
I want to thanks Regency for working with us, thank you to the Commissioners for staying up to have
this discussion. Some of you may not know but Waterford Drive is all twin homes, there are 4
different design features that have mirroring floor plans. We know three units in the past few years
that directly face the hospital parking lot that have gone for sale. These homes went for sale and in
both cases, they had to lower the prices and the primary objection was the view of the hospital lot.
That is a problem that only affects those few houses on our road but devaluing any home, directly
impacts the rest of the neighborhood. I’d also like to reinforce what was said about trash pickups. I
was recently at the pond in our neighborhood, many hospital staff personal, who are not allowed to
smoke on the grounds, walk over there. I picked up over 50 cigarette butts and delivered them to
the hospital. The fact that the hospital thinks trash is not an issue perpetuated by their staff is
nonsense. I want to add that the hospital is an asset to MN and Golden Valley, the expansion is to
allow them to add patients. The hospital has the potential to expand beyond 90 patients and it’s
important we consider possible future expansions. The earlier speaker, David, said today there won’t
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January 25, 2020 – 7 pm
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be another expansion but he already told residents they would be expanding again in the future. This
expansion, as proposed is too big for this area.
J. Janis
1460 Skyline
I know the Commissioners are aware that Golden Valley has created a 2040 Comp Plan. As far as I
can tell, the hospital proposal does not show recognition or compliance with this plan, even though
it will substantially increase noise, air and water pollution. There’s no use of solar energy or any sign
of water conservation or recycling initiatives. There aren’t environmental conservation items
factored in, no use of sustainable building materials. I recommend that you deny or table this
proposal until the applicant can demonstrate the proposal complies with the resilience and
sustainability initiative in the 2040 Comp. Plan.
J. Pittenger
1380 Waterford Drive
Has there been a formal traffic assessment done? We hear the estimated percentages but would a
formal study be better. We know the construction process is long and I ask the hospital be proactive
and get repairs done. Our HOA should not need to arrange with the truck companies contracted out
in order to get properties restored. We have residents who are realtors, is it possible to arrange with
them a study of our property values and how they will be impacted during and after the construction
process. The buffer has been discussed but has a MN qualified arborist been consulted for a year‐
round design plan.
F. Pink
1405 Waterford Dr
I agree with my neighbors who suggested the hospital should move off this property. They are a
multi‐billion dollar for profit hospital that can go anyplace else in a commercial district. My
background is as a medical social worker and I’m familiar with ventilator patients. The amount of
equipment needed for these patients makes me wonder who will use this day room. The hospital
said visitors come for an hour or two and I don’t understand how those patients will be moved. I’ll
be following up with a letter and more points.
R. Schiferl
4220 Woodland Tr.
I have a totally lack of trust for regency and its administrative team. They called a meeting with the
HOA with less than 48 hours’ notice even though they had been working on this plan for 3 months.
In that meeting they talked about themselves more than the neighborhood. They also said there
would be additional communication and we have received almost none. One communication we did
receive said that they’d agree to talk to the neighbors most impacted by lighting and buffering and I
have not yet received that communication from them. The lighting plans they have sound good on
paper but if you think about from the resident perspective, lights will be flashing on and off in our
windows all night. In addition, I agree with the other comments that the buffer needs to be
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maintained and offer buffering during all seasons. The current buffer isn’t maintained by the hospital
so there’s no trust that it would be in the future.
D. Thompson
Local neighbor/Real Estate Broker
When new houses were built in the area we were able to quale objections to the hospital’s location
with landscaping. The hospital has always been an issue for people there and it sounds like that won’t
change and the concerns will only increase. Change is never simple, but it sounds that the hospital is
basically obsolete and I also wonder why they aren’t going to relocate.
Commissioner Discussion/Vote
Commissioner Johnson stated that most comments were in line with what was also submitted in
writing in the packet. Commissioner Baker stated that many comments are outside of the jurisdiction
of the Planning Commission. He added that it would be prudent to define the parameters so
neighbors don’t think they’re being ignored. Chair Blum agreed and asked staff to reiterate elements
for approval or denial for this amendment.
Jason Zimmerman, Planning Manager, stated the Commission is responding to the application as it’s
submitted and how it complies with city code. This group does not have the authority to ask the
hospital to sell its property and leave and the City cannot assess impacts on property value other
than in an abstract way. PUDs in general are unique, there aren’t clear standards like other items.
There are technical elements but there are some subjective elements like: Does this achieve the goals
of the comprehensive plan? Zimmerman added that some elements are black and white but it’s not
all that way. The questions regarding compliance with sustainability measures in the 2040 Comp Plan
are valid to consider, as are the questions about impacts to neighboring properties. The issue of
people who smoke, not being allowed to smoke on the property but then walk off property to smoke
and the impacts fall on the neighbors – there might be an operational way to amend that.
Blum asked about the sufficiency of the traffic study and if the City responds at all. Zimmerman
responded that traffic studies are based on the project. The traffic study provided is not hard data
but it’s an estimation based on trip evaluations. Staff can ask the City Engineer to review it and
determine if it’s sufficient. Commissioner Brookins asked if it’s within the City’s purview to review
traffic impacts on a private road. Zimmerman added that the City isn’t looking at how the traffic
impacts the public right of way. The traffic impacts discussed, refers to quality of life impacts for
traffic, this is an item on a PUD amendment as a general health and welfare consideration.
Commissioner Segelbaum added that the traffic increase seems to be a top concern but he’d like
the hospital, HOA, and residents come up with their own agreement. If one can’t be found, then
maybe the Planning Commission and City get involved. Johnson said that traffic is a concern but
there are resources and processes to address those things. The memo says the City may weigh in so
the Planning Commission is caught because there are too many elements at play. He also added that
there is a noise ordinance for the City but the Planning Commission cannot enforce a noise
regulation. Johnson added that the parking lot situation isn’t adding up to him as it’s been described.
The architect stated the parking spots allow for a 2:1 ratio for beds but the number of spaces
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January 25, 2020 – 7 pm
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requested, exceeds that equation. Baker stated he agreed with Johnson and the group can add a
condition that the City withhold the approval until an agreement can be reached between the
hospital and HOA.
The conversation continued while Commissioners discussed options and at what point the City can
get involved.
Brookins brought up the hospital abutting the park and the potential for requesting a new fence,
one of higher quality than the current chain‐link. He wants more details on stormwater management
as well.
Blum asked if anything is required to show a metric for home value changes with an amendment.
Staff responded that it doesn’t generally happen and added that property value and potential resale
are different topics. It’s possible to reach out to the Hennepin County assessor to see what their
perspective is. Segelbaum stated that seems difficult to do but maybe Commissioners can help guide
development to mitigate home value reduction.
Pockl asked if an Environmental Impact Study was done to ensure compliance with the 2040 Comp.
Plan. Zimmerman responded that there are resilience and sustainability goals, there aren’t
benchmarks but they’re encouraged for a PUD. If staff feels these goals aren’t being met, the City
can ask the applicant to revisit and become consistent with the comp. plan goals. He added that an
EIS was not triggered.
The issue of littering was addressed and a number of Commissioners stated their disappointment to
hear the magnitude of it. Blum inquired if there was a way to regulate waste and Johnson said the
Planning Commission doesn’t have the authority to create a littering ordinance.
Chair Blum closed the Public Hearing at 10:26PM.
Commissioner Baker proposed tabling this item and instead of a 2‐week table, potentially giving a 4‐
week table so the hospital and HOA have time to resolve issues. Zimmerman added that, legally,
there is a set amount of time for an amendment to go to City Council and the applicant would need
to request an extension.
MOTION made by Commissioner Pockl and seconded by Commissioner Johnson to table this item
and direct parties involved to resolve parking, road concerns, buffering, and trash.
Staff took a roll call vote and the motion passed unanimously.
Televised portion of the meeting concluded at 10:40 pm
4. Council Liaison Report
Council Member Rosenquist provided a brief update on community engagement efforts around
lowering speed limits on local streets, the municipal facilities study, and the policing task force. She
told Commissioners about a new report on historical structures in Golden Valley and asked them to
take a survey regarding the reopening of the Golden Valley Library. Rosenquist and Zimmerman
summarized the discussion at the recent Council/Manager meeting around the Downtown Study.
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 call‐in 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, Noah Orloff, Lauren
Pockl, Ryan Sadeghi, Chuck Segelbaum
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Gillian Rosenquist
Commissioner Johnson asked when the final items from the 2040 Comprehensive Plan will be
discussed. Jason Zimmerman, Planning Manager, responded that it depends on applications and in
about 2‐3 months the last pieces will come together.
2. Approval of Agenda
Chair Blum asked for a motion to approve the agenda.
MOTION made by Commissioner Brookins, seconded by Commissioner Sadeghi, to approve the
agenda of April 12, 2021. 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 March 22, 2021.
MOTION made by Commissioner Johnson, seconded by Commissioner Brookins, to approve
minutes. Staff called a roll call vote and the motion carried unanimously.
4. Public Hearing – Continued Consideration of a Major Amendment to Hidden Lakes PUD 74
Applicant: Regency Hospital
Address: 1300 Hidden Lakes Parkway, Golden Valley, MN
Jason Zimmerman, Planning Manager, reminded the group that this hearing is a follow‐up from a
previous meeting on January 25th, due to new material. This amendment to PUD 74 would allow for
an expansion of the hospital building and that would lead to necessary utility and landscape changes.
April 12, 2021 – 7 pm
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April 12, 2021 – 7 pm
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Zimmerman displayed a map and reviewed the zoning district and location within the City of Golden
Valley.
The previous meeting ended with a list of outstanding concerns and since then, there were
negotiations between the hospital and the HOA Board, revisions were made to the plans:
6’ high solid wall along east edge of parking lot
Additional landscaping
Reduction of seven proposed parking spaces (37 vs. 44)
The updated proposal includes a new private agreement between the HOA and the Hospital Board
that addresses eight areas of concern:
Hidden Lakes Parkway – maintenance and cost issues
Employee smoking and littering
Traffic speeds, stop signs, noise, deliveries, etc.
New parking lot landscaping and wall
Lighting
Stormwater management
Construction activities
Future expansion
This private agreement was approved by the HOA Board and hospital, then shared with residents on
April 7th. This agreement is intended to manage issued outside of the PUD permit.
Zimmerman recapped the details of the PUD amendment regarding the size of the addition, utility
details, the existing entrance, dining/day room on the second floor, and the exterior material details.
To illustrate these details, a map was displayed as well as a 3D rendition of the proposal. The updated
plan recap is:
Parking lot reconfiguration triggered:
o Expand to the south, add 37 parking stalls
o Would remain under the usual required parking ratio
o Knoll and existing trees would be removed
New landscaping/screening added along east edge of parking lot – both low and high
Lighting would respond to the City’s “dark skies” requirements
Stormwater treated/managed through an underground system
Using the trip generation data for nursing homes, traffic engineers estimated that the addition would
generate an estimated 42% increase in trips per day (578 to 822).
Zimmerman reviewed the details surrounding community engagement, public comments, and the
schedule for this item appearing before Planning Commission and the scheduled date it will appear
before City Council.
Staff evaluation and preliminary findings were extensive and resulted in a recommendation for
approval subject to 18 conditions.
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April 12, 2021 – 7 pm
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Recommendation
Approval of Amendment #8 to Hidden Lakes PUD No. 74, subject to the following conditions:
1. The plans for the Regency Hospital addition, submitted January 13, 2021, and subsequently
updated on March 29, shall become a part of this approval. Required revisions include:
a. Showing and labeling the access gate and trail along the south property line.
b. Reducing lighting levels under second‐floor addition and under the port cochère.
c. Working with staff to locate designated smoking area for employees and visitors.
d. Indicating the location of trash receptacles in and around the parking lot.
2. Public bicycle racks or similar facilities for a minimum of 11 bicycles shall be provided. The
applicant shall work with staff to appropriately locate the bicycle facilities.
3. The applicant shall provide a snow storage/removal plan that does not reduce the number
of parking stalls nor impact the public trail for staff review and approval prior to City
approval of the PUD Permit.
4. A public walkway easement shall be dedicated over the public trail in the southeast corner
of the site. This trail shall be temporarily rerouted and maintained for public use during
construction.
5. A permanent conservation easement shall be dedicated along the shoreland of Twin Lake.
6. The applicant shall repair and maintain the fence along the south property line to
discourage cut through foot traffic to Twin Lake.
7. The applicant shall utilize motion sensors on parking lot lighting, and utilize motions sensors
and motorized shades on timers within the day room, in order to reduce unnecessary
illumination and reduce impacts to adjacent properties.
8. The applicant shall install and maintain landscaping adjacent to the public trail on the east
side of the property in accordance with the approved plans on file with the City.
Maintenance shall include all reasonable care, trimming, repairs, and replacement needed
to ensure the landscaping improvements are kept in good condition.
9. With the exception of oxygen deliveries, large truck deliveries and pick‐ups shall be limited
to the hours of 7 am to 8 pm daily.
10. The hospital shall be limited to a total of 92 beds. The building footprint shall not be
expanded without the required review and approval by the City.
11. The applicant shall work with staff to address questions around the outdoor chemical
storage areas near the southwest corner of the building.
12. Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
13. A stormwater maintenance and chloride management agreement with the City shall be
executed.
14. The applicant shall complete all inspections related to the City’s Inflow and Infiltration
requirements and work with staff to resolve any repairs or improvements necessary.
15. An updated agreement between the hospital and association, addressing reimbursement
procedures and commitments for construction‐related damage on Hidden Lakes Parkway
and the reallocation of roadway expenses, shall be provided to the City for review prior to
approval of the PUD Permit.
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April 12, 2021 – 7 pm
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16. The applicant shall share with the City its plan for management of trash in and around the
parking lot as well as for employee communication around these efforts.
17. The applicant shall address the three conditions outlined by the Minneapolis Park and
Recreation Board in its letter dated December 29, 2020.
18. A development agreement shall be drafted prior to City approval of the PUD Permit and
shall include details on:
a. Permitted days and hours of construction activity.
b. The location and nature of construction parking, access, delivery, staging,
equipment and materials storage, and employee parking.
c. A neighborhood “Hot Line” for issue resolution.
Commissioner Pockl asked how the City insures the private agreements are enforced. Zimmerman
responded that the City stays out of the private agreement between the hospital and the HOA. Any
condition or agreement in the PUD permit has the enforcement of the PUD process. Violations will
be addressed, require corrective actions, and could result in legal action.
With all the conditions and the private agreement, Commissioner Johnson asked if the Planning
Commission has now set itself up as a mediator and straying from its expertise in reviewing parking
etc. He followed up by asking who has precedence, the HOA or the homeowners in the HOA.
Zimmerman responded that staff has not inserted itself in the private agreement but together they
came to the City and asked how it could be enforceable. The HOA will discuss what they intend to do
to enforce their agreement. Johnson followed up that he hopes the Commission stays within its
realm of ability.
Chair Blum invited the Applicant to address the Commission.
Dave Garmin, Applicant ‐ Regency Hospital, stated the private agreement with the HOA was a good
compromise that benefits them and the HOA.
Chair Blum opened the public hearing at 7:40pm.
Jeff Eisenberg, President of HOA, stated staff provided a good presentation and elaborated on a
background between the HOA and the applicant. Discussion between the HOA and Commissioners
included resident input on and responses to the agreement.
Fredda Pink
1405 Waterford Drive
My husband has written quite a bit but my concern is the hospital is planning on doing a piling. I
don’t know how many people are aware of the noise associated with a piling. My son is a real estate
developer and he told us a few days ago that there’s a more expensive style that eliminates the
constant pounding noise and potential damage to our homes. I was wondering if it would be possible
to look into that, it would relieve a lot of tension. There’s also no protection for the people who face
the north end of the hospital, we have a full view of the north end of the building and parking lot.
That hasn’t been addressed either.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
5
Patrick Lewis
1750 Waterford Court
I wanted to clarify a few things from the presentation, there isn’t unanimous HOA Board support for
the agreement and there is a difference between the homeowners and the HOA. I’ll reiterate that
this project will be problematic no matter what, it’s a commercial development in a residential area.
This expansion involves all the mitigations discussed to mask the issue that it’s too big of a build for
this area. The hospital said they don’t have plans to expand but there’s nothing preventing them
from proposing expansions in later years. The main thing I want to state again is that there isn’t an
agreement between homeowners, the HOA Board doesn’t represent the homeowners, and there
isn’t even agreement among the Board.
Ron Schiferl
4220 Woodland Trail
There’s been significant improvement since the last Planning Commission Meeting. The landscaping
plan pictures look great but the actual plan proposed is to limit the trees to 6foot‐that’s exactly as
high as the wall. There needs to be more variation in the plan. I hope the city works with the hospital
to create more variety so it looks like landscaping. Can we add something to ensure the hospital
maintains its landscaping as they have a history of not doing that. The last Planning Commission
meeting there was mention that the hospital reached out to homeowners, they had not before or
after that meeting. All communication has come from the HOA. My understanding is that this plan is
for a two‐story building to allow for expansion on the first floor, if the hospital isn’t planning on any
expansions in the future, why do they still need a two‐story building?
Chair opened Commissioner discussion.
The Chair asked staff to address the pilings question. Zimmerman said his understanding is that
they’re not planning on using pilings but rather do spread footings. He followed up that he’s not sure
how that impacts surrounding properties. A development agreement can address those issues.
Displaying images from the presentation, staff addressed the concerns regarding shielding from the
north end of the building and staff pointed out that most of the homes are on a hill from the hospital
which may create more difficulties. Zimmerman added a condition to the PUD that landscaping must
be maintained and trees will be 6 feet in height to start, not top out at 6 feet.
Chair closed the public hearing at 8:11pm.
Commissioners Johnson asked if the parking spaces exceed minimum amount, why is the City
agreeing to this when they value green space. Staff responded that the minimum amount from the
hospital is their standard amount and they’d prefer more to accommodate staff, training, visitors
etc. Johnson expressed concern on this topic and feels the number of parking spaces is arbitrary.
Commissioner Pockl asked if they can ask the applicant why removal of the knoll is needed.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
6
Alan Catchpool, Applicant Engineer with Kimley‐Horn, stated that public utilities goes through the
site and to the SE corner and the entrance to the parking lot is through the knoll. Those items require
the knoll removal.
Chair Blum noted the dedication of a conservation easement and staff responded that most of twin
lakes has a conservation easement along it and the City would like to continue protecting that area.
This helps prevent erosion and development and the area is not currently developed. Blum asked if
it’s harder to develop on a slope as steep as the one along the hospital to the lake. Zimmerman
responded that it is and was part of the hospital’s original plan but the decided against it. Blum noted
to Commissioners that the area unlikely to be developed and may have less value to be dedicated as
a conservation easement.
Pockl asked the HOA representatives to explain how the HOA Board came to support the private
agreement as a caller noted they hadn’t. Eisenberg, HOA, stated that the Board was updated after
every conversation with the hospital and the Board voted unanimously to support the private
agreement.
Johnson referred to page 10 that the applicant wants to use motion sensors in the parking lot, and
asked if that means the lot will be completely dark. Zimmerman stated the City Code has a minimum
level for how the lot is illuminated.
Blum discussed the building height and setbacks in the proposal. Commissioners had a discussion
revolving around these items, lighting, and the easement. The discussion moved on to property
maintenance, the applicant meeting requirements, and negotiations between applicant, city and
HOA.
Commissioner Segelbaum commended the negotiations and supports staff recommendation.
Commissioner Brookins stated he supports the proposal and staff recommendation. Blum asked for
more mitigating changes. Commissioner Sadeghi asked if the HOA Board mentioned the items
concerning to Blum as they will feel the direct impacts. Eisenberg, HOA, responded that the private
agreement, gives them more rights than they had before. The hospital needs repairs and the
proposal will help that. Pockl said she’s not concerned about the setbacks or height, negotiations
have been productive and the hospital improvements will have a positive impact. Pockl stated
support for staff recommendations. Commissioner Johnson said he tried to consider all parties
involved and doesn’t think an HOA Board has more say than the average resident. He added the
process may need to change in the forward to ensure consideration of everyone’s rights.
MOTION made by Commissioner Brookins, seconded by Commissioner Segelbaum to formally
adopt staff findings and follow staff recommendation for approval subject to the 18 conditions as
listed in the memo.
Chair Blum stated he felt the final approval could be stricter.
2d: Blum suggested the language change to “install and maintain”
16: Blum suggested instead of the plan being shared, that there be more certain language.
Staff took a roll call vote on the motion and it passed unanimously.
Dear Mr. Zimmerman,
I am a resident of the Hilltop Village neighborhood next to Regency Hospital in Golden Valley. I
understand that Regency Hospital has proposed an expansion of its facility. I have seen the Hospital's
presentation on this proposed expansion and would note in particular that they are proposing to
increase the number of beds by 39% and the total space of the facility by 27%. However, there was no
mention in this presentation of what the Hospital would offer to ameliorate the adverse consequences a
significant expansion like this would impose on the surrounding residential neighborhood. Would you
please confirm what Regency Hospital is proposing in this regard?
I would remind you that there is only one way in and out of Regency Hospital. An increase in traffic of at
least 39% alone would impose added maintenance costs on residents in addition to increasing safety
and health hazards. Employees of and visitors to the Hospital already routinely exceed the posted speed
limit, ignore traffic signs, and litter the road with PPE and other trash. I assume that as Planning
Manager for Golden Valley you know this already, so I'd appreciate understanding what the City will be
doing on behalf of residents to require Regency Hospital to manage these associated increased risks and
costs.
Regency Hospital is a for‐profit organization with ample resources not only to expand its facility but to
pay for the direct and foreseeable costs and negative side effects this will impose on our adjacent
neighborhood, without which Regency Hospital would not be able to function.
David Whitescarver
1730 Waterford Court
Golden Valley, MN 55422
Hi Jason,
I'm a resident of Hidden Lakes (1740 Waterford Court) and am writing to inquire what the City of Golden
Valley, the Planning Commission and Regency Hospital are doing to address the *CURRENT* safety
hazard and gross negligence on Hidden Lakes Parkway and the public trail, in light of the proposed
expansion at Regency Hospital.
My family and I, not to mention our neighbors, are impacted daily by the employees of Regency Hospital
speeding up and down Hidden Lakes Parkway at rates up to *twice* the posted speed limit, which I wish
was an exaggeration. Speeding at over 10 miles an hour over the speed limit is the rule, not the
exception.
It is also the general rule that the employees do not obey the stop sign at the top of Hidden Lakes
Parkway, where there is a public crosswalk, which is part of the public trail which runs through the
neighborhood. I (not to mention our leashed dog!) have been repeatedly nearly run down by cars racing
to their shift at the hospital; they have learned from years of experience that they will not be ticketed by
the Golden Valley Police, despite the fact that they are speeding through a stop sign, a crosswalk, and a
public trail.
It is just a matter of time before someone, be it an elderly adult or child, gets seriously injured or killed as
a result of this negligence. I request a list of action items that the City of Golden Valley, the Planning
Commission, Regency Hospital and you are doing to address this ongoing safety hazard that is currently
happening on Hidden Lakes Parkway and public trail system and will only worsen as time goes on.
Thank you for your time,
Patrick Dea
1740 Waterford Court
Dear Mr. Zimmerman:
I am contacting you as you are designated as the Planning Manager for the planned expansion of the
Regents Hospital Project at 1300 Hidden Lakes Parkway.
I am a resident of Hidden Lakes community and have received in my mailbox yesterday an
unstamped/undated notice from the Regents Hospital calling an informational meeting for tomorrow
(12/3/20) night about the planned expansion of their facility (the letter is attached for your reference).
As you will see the site map provided is not detailed, and most importantly is missing a legend.
Furthermore, I believe the residents are not given enough time and information to analyze and
understand what is being proposed, and how it will impact our community.
I am very concerned that this may be rushed quickly through the approval process, and that this
development will very negatively impact our development.
I was wondering if you are aware of this letter, and if anything can be done to ensure that adequate and
detailed information is provided to the community by the proposers, the community feedback collected
in a timely and inclusive manner, and the community is protected from the negative impacts of this
development.
Sincerely,
Al Aksan
1375 Waterford Dr. Golden Valley MN 55422
Dear Mr. Zimmerman:
Thank you for your message and for participation in the meeting last night. I think the lack of
transparency on the hospital side (refusing to provide detailed plans even though I asked three times so
far) combined with their statement in the zoom call last night that the first floor is reserved for future
expansion, makes me realize that once they get some sort of a green light from the city, they will want to
also apply for an increase in bed license, which probably would be granted if they have the infrastructure
being constructed. Their proposed expansion is approximately 18000 ft2, for an additional 26 beds,
which is about 750 ft2 for each patient. This is a very large number, which also shows that immediately
after they get building permits approved, they will increase their capacity further.
Combined with the lack of an environmental impact study, and traffic study (one would imagine these
would be the first two priority studies to be conducted for a hospital located in a residential community
right next to a parkland) really worries me that they do not intend to respect our community's concerns.
With their expansion plan, the buffer zone that currently somewhat isolates the parkland from the
hospital will disappear and be converted into a parking lot. This will very negatively impact the wildlife in
our woods, which is home to deer, coyotes, foxes, hares, and turkeys. Increasing light and noise pollution
in the area will definitely impact the bird species who call the lakes their home, including some protected
species such as the bald eagle and the golden eagle. We currently have 6‐8 bald eagle nests and one
golden eagle nest on the lake, in addition to 2 osprey nests. Northern and red‐bellied wood‐peckers and
hummingbirds in the area, in addition to all of the migrating songbirds, which use the area as a pitstop
twice annually, I am afraid will eventually leave our community for good.
Furthermore, I have seen no plans on noise and dust mediation, and water pollution controls during the
construction phase (and later during the operation phase), and no concerns were expressed on their part
on the heavy load and traffic burden our own roads will sustain, the safety and security issues our
community will suffer due to increased traffic to and population in that area. Given that, as it stands, the
hospital is already a nuisance (due to noise and light pollution as well as the trash left on and around the
property by their staff and visitors), it is my deep concern that our neighborhood will lose its appeal, and
eventually its residents will move away. But, even before that happens, the property values will decrease
very drastically (especially for properties such as mine that are facing the parking lot), significantly
reducing the property tax income for the city (I am pretty sure, more than any income it may generate
from the hospital with its increased capacity). Apparently, the hospital did not even plan to propose a
compensation plan to the community for the stress and damage that we will sustain during construction
and increased operation.
I am therefore completely opposed to the proposed expansion plan.
Sincerely yours,
Al Aksan
1375 Waterford Dr.
Golden Valley MN 55422
I feel like this was sprung on us late in the game with little if any real chance to weigh in. I personally
feel that we are getting engaged late in the process. This area is largely private property with impact on
the citizens who live here. The corporation that is wanting to expand is not local and we need to have
conversation with the city in my opinion.
Nancy Hanna
Waterford Court
Last night (Thursday, December 3) the Hidden Lakes community was presented, for the first time, with
Select Medical's plan for expansion of Regency Hospital; a hospital which is located in the very heart of
the Hidden Lakes residential community. Every passenger vehicle, service vehicle, delivery truck, and
ambulance that goes to the hospital every day, drives through the heart of our community. Those of us
who walk (and many of us do so every day) see the hospital and its parking lot on our daily walks, and
many of our homeowners see the hospital from their homes all day every day. We knew it was there
when we bought our houses, but we weren't ever told that it could be expanded. In fact, it is our
understanding that this week is the first anyone in Hidden Lakes or its management company was ever
told that expansion was a possibility, much less an all‐but‐done deal.
While the presenters from Select Medical gave us a very good overview of their plans for the building and
the parking lot, they refused to discuss the impact of their plan on the environment, quality of life, and
property values of Hidden Lakes. They had considered the visual impact of their project on the
community, but apparently had not considered the much more pernicious short term impacts of
construction and the long term impacts of a larger operation and the resulting increase in traffic would
have on us. They were asked if they had done a traffic study or an environmental impact assessment. The
answer was no. In fact, it appeared that they had avoided considering the impacts on the community,
and were completely unprepared to discuss them, let alone quantify them. They said that they'd do
environmental and traffic studies later if they were needed at all.The problem is, that if "later" is after
they've received the approval of the City of Golden Valley, then Hidden Lakes will have no leverage other
than through legal action.
It doesn't take much imagination to see that a major construction project at the farthest end of Hidden
Lakes Parkway in the heart of a quiet residential neighborhood will have major impacts on our
environment and our quality of life. The most obvious is damage to Hidden Lakes Parkway from heavy
construction vehicles. Hidden Lakes Parkway was just rebuilt over the past two years at a substantial cost
to both Select Medical and the Hidden Lakes HOA. While the cost of the recent road upgrade was shared
between Hidden Lakes and Select Medical, it was the residents that had to put up with the negative
impacts: the inconvenience due to rerouting of traffic around blocked roads, construction equipment
parked on side streets, trash dropped out of construction vehicles, noise and air pollution, heavy and
often speeding traffic, increased danger to pedestrians, dust, and dirt, to name a few.
We can only assume that the proposed construction at the hospital would bring many of the same
problems to Hidden Lakes again, and as before, it will be the residents that suffer. And one can only
assume that Hidden Lakes Parkway will have to be repaired after the construction is finished. Once
again, Hidden Lakes residents will bear the brunt of the impacts of the road repairs, but surely, the HOA
shouldn't be required to share the cost of fixing the road after construction is finished. Yet no suggestion
of compensation was made. And after construction of the hospital addition is done the impacts on our
community will remain unless plans are made now to mitigate those impacts. There will be an increase in
traffic‐‐not only passenger vehicles, but delivery trucks, and ambulances as well. The increased traffic will
pose an increased danger for pedestrians crossing Hidden Lakes Parkway, and noise and air pollution will
increase as well.
The Select Medical presenters told the Hidden Lakes community that an opportunity had opened up to
expand Regency Hospital within the last two months, and that was why they were only coming to the
community to present their plans two weeks before their hearing before the Golden Valley City Council.
Apparently they told our HOA board at their first meeting on Wednesday, that they expected to finish
this project in six to eight months. If they are on such a short timetable for a major construction project,
it is inconceivable that their planning effort has only taken two months. This looks like a project that has
been worked on for years, not months. In fact, the presentation seemed to be an attempt to gaslight the
community of Hidden Lakes rather than one that was meant to start the process of negotiating with
Hidden Lakes to mitigate our concerns. Further, when pressed, the Select Medical representatives
admitted that they had designed Phase 1 addition so that the number of beds could be further expanded
in a future Phase 2. Yet they were not prepared to talk about the increased impact of that expansion on
the community either. It is essential that environmental and traffic studies take into account all future
expansion, so that all efforts at mitigation deal with those additional future impacts.
Recommendations
We ask that you, our representatives in city government, require Select Medical to conduct the
environment and traffic studies to identify all of the impacts to the environment, quality of life, and
property values in Hidden Lakes, and to work with the community to develop an acceptable plan that
mitigates our concerns before you consider the Select Medical proposal. We ask that you cancel the
December 28, 2020 meeting with Select Medical and inform Select Medical that a meeting will not be
rescheduled until they commission, fund, and present an independent environmental and Hidden Lakes
community impact analysis and comprehensive mitigation plan to the Hidden Lakes Homeowners
Association and to the City of Golden Valley. Further we ask that you require Select Medical to work
directly with the Hidden Lakes Homeowners Association and Board of Directors in preparing and
reviewing the impact analysis so that the community's concerns are respected and addressed. Finally, we
ask that you inform Select Medical that any further application for expansion of the facility beyond the
currently licensed 92 beds will be vigorously opposed by the City of Golden Valley because of the
irreparable harm that any such expansion would do to Hidden Lakes.
It is not enough for Select Medical to claim to "want to be good neighbors." There needs to be a good
faith effort to back up that claim. So far we have seen nothing of the sort; in fact, we've seen the
opposite.
Sincerely yours,
Margaret and Jim Janis
1460 Skyline Drive
Golden Valley, MN 55422
Good Morning,
It has come to the Hidden lakes Development's attention that Regency Hospital is considering an
expansion to their existing facility.
It was obvious from last Thursday's neighborhood discussion with Regency, that 100% of those on the
call (over 100 Hidden Lakes households) were not in favor of the expansion, and most likely you have
already heard directly from some of those neighbors.
Here is our reason we are not in favor of the expansion ‐
Fact ‐ 30% more beds + 40% larger facility + 40% increase in parking space = 40% increase in traffic flow
(with possible increase in the future).
Concerns ‐
Today, the hospital is unable to properly manage the excessive speed by their employees on our
private road. I have reached out several times to the GV police on this matter, as well as to the
HOA and Hospital directly. Nothing has changed. This will only increase by 40%. Can't tell you
how unsafe it can be at times when walking the dog......40mph+ by many of their employees
who ignore the speed bumps, stops signs, cross walk, etc., and use the road as a speed course,
especially if they are running late for their shift.
Today, the hospital is unable to properly manage the rolling stops or complete running of the
stop sign at Hidden Lakes and Waterford ‐ this will only increase by 40%. I can't tell you how
many times myself and my neighbors, while walking our dogs, have to watch the cars approach
the stop sign carefully because of the likelihood of being hit as we cross the street. Remember,
this is OUR private road that WE ALL pay large dollars to each and every month as part of our
Assoc Dues!!! At times I feel that the Hospital owns the road and we are all vistors...........it is
really a shame.
Today, there are 2 different food semi trucks, 1 recycling truck, 1 trash truck, 1 semi uniform
and linen truck, 1 semi regulated medical waste truck, 1 to 3 medical supply box trucks, and
countless ambulances, mobile mobility, and medical couriers ........who make daily visits to the
Hospital ‐ this will only increase by 40%. And, the hospital hasn't proven it can control deliveries
to the AFTER 7am private road curfew. The noise is ridiculous by these large trucks prior to 7am.
Countless trucks arrive at 3am, 4am, and 5am for their deliveries.......waking us all up who live
near the road! Think about that? We choose to come to this Development, but have sleep
interrupted mst nights by the Hospital who can care less about their neighbors. They knowingly
violate the City's commercial vehicle ordnance every day!! Now this could be increased by 40%?
Today, there are countless pop cans, booze bottles, beer cans, etc., thrown out on the side of
our road.......most of which is between the Hidden Lakes and Waterford intersection and south
to the Hospital entrance ‐ these employees are NOT good neighbors to have......they are of an
age and ethnicity that they have no regard for law and order. These incidences will only increase
by 40%.
40% more staff traffic will mean more cars driving during late night shifts blaring their car stereo
music..........and they aren't playing Frank Sinatra.
Wear and tear on our private road will only increase by 40%, causing the Master Assoc to
budget more $, meaning homeowners' HOA dues will rise.
Sit back and digest the above. Put yourself in our shoes for a moment. We live in a neighborhood. We
live in a beautiful community. I was born and raised in Golden Valley. I chose to move back to GV 1.5
years ago to make the Hidden Lakes Development my retirement home. If I knew then what I know now
about the above living situation of having Regency Hospital as my neighbor, I would have NEVER moved
to the Development. It is really quite bad/sad today. The Hospital just is not a good neighbor, and what
we should all be considering is, relocate and sell the property to an 8am to 5pm office tenant. A 24/7
operation should not be allowed to operate within a neighborhood like ours!!!!!!!!
As you can tell, we are NOT in favor of any expansion, and are in the camp of fighting against this.
Regardless of the expansion, here is what the City should be asking Regency to do now as part of their
operating license, since we ALL still pay GV taxes and we don't get any tax relief (discount) for all of the
expenses the City doesn't have to incur as a result of for our private road, lighting, snow maintenance,
etc ‐
Hospital to improve the visual buffering (now) of the facility with more softscapes/trees
Hospital to fund more routine GV police surveillance during shift times......easy way to add $$ to
your coffers
Hospital to pay the expense for more speed bumps on Hidden Lakes Blvd
Set specific 'contractual ' delivery times with the City and Development for their vendor trucks
Hospital to foot a larger % of the private road maintenance expense while the Development
maintains full authority on maintenance schedules and ownership of the road
Hospital to foot the expense of a private gate and guard at our entrance, with specific oversight
for adhering to the road and noise curfew. This would also help with safety within the
Development.
Hospital to add cameras to the light posts so the Development can properly monitor their staff's
inappropriate driving behaviors.
Limiting Truck size < 25' , thus reducing the wear and tear on the road
40% increase in traffic is not going to help our safety, nor our property values. You can bet the
Development will fight this hard.
The Fox's
1620 Carriage Path
Dear Mr. Stricker,
We are writing as Hidden Lakes residents that have concerns about the proposed expansion. Our home is
adjacent and very close to Hidden Lakes Parkway. We frequently walk the neighborhood ‐ at least three
times a day with our dog and additionally without her.
We have lived in this home since 2006. We have witnessed speeding by Regency employees and/or
visitors several times a week. We have witnessed frequent running of the 4‐way stop at the intersection
of Hidden Lakes Pkwy. and Waterford Drive by drivers coming from/going to the hospital. We were
nearly hit at dusk one evening by one of these drivers, while in the crosswalk. We have witnessed
littering by some of these drivers. Finally, noise is acceptable during the daytime, but between 10pm and
5am, we have experienced noise from drivers and from ambulances that do not comply with the
agreement to silence sirens once in the neighborhood.
We are concerned that the expansion will lead to more instances of these behaviors with the inevitable
increase in traffic. We understand that this expansion may be approved. We simply ask that you address
our concerns with your employees and figure out a way to minimize the problems I describe.
We are hopeful that we can cooperate as mutual occupants of this beautiful neighborhood.
Sincerely,
Pat and Arne Sorenson
1750 Carriage Path
Thank‐you for taking the time to email your concerns. I will continue to educate my staff
regarding the speed, attention to traffic signs, and trash around the grounds.
I have all assurances that we are accepting deliveries during daytime hours only. Any
infractions well be handled on a case‐by‐case basis. We do have emergent lab courier service
in the evening, but this should not be disruptive as they do not occur often. Additionally, I will
share your concerns with the North Memorial EMS services.
Feel free to update me accordingly,
Sean Stricker
Representatives,
We live next to Regency Hospital's parking lot. We will be seriously impacted by the building being
planned by the hospital. Here are some of our major concerns.
1. If the knoll is taken down our view will be the trucks unloading, the garbage containers, the
electric boxes and the tanks, This would be a completely un acceptable option. There appears to be
space for parking on both sides of the knoll without this huge loss. The area next to the fence by the
park is not used now for anything and could be enough for a staff parking lot. Taking down the green
space next to us would be a loss in property value of substance and we would never have bought here if
that would have existed. The trees they intend to put in would not be adequate to prevent the impact
and would be immature for years to come. This is our biggest concern.
2. Already mentioned by many others are the lighting issue, the traffic, and the number of large
trucks.
3. The hospital does not accommodate smokers so they smoke on the trail next to our house or
further down on the trail. This results in a lack of privacy, garbage and at times noise. The hospital staff
are wonderful but they are not provided with a reasonable option. Also many smoke in their cars often
with radios loud and windows or doors open. An increase in this already troublesome situation is not a
fair request of Regency.
4. The garbage in the parking lots does not seem to be addressed by the hospital. A great deal
blows into our yard and is unpleasant to have even across the trail. Daily I pick up hospital trash that
often includes beer bottles, small liquor bottles, fast food containers, masks and plastic gloves. At this
time with the virus the toxic waste is most concerning and is probably an OSHA violation. I once put a
bag of their trash by their dumpster and it sat next to the dumpster for a month. The garbage also blows
into the Theodor Worth trails behind the dumpster where many of us walk our dogs. I have seen more
gloves and masks in this area. With the planned addition and parking spread out to new areas this issue
will only increase.
5. The addition seems unnecessarily large for the 26 beds they are wanting to add. I assume the
back is not an option for what they are planning but perhaps it would work if they were more
reasonable about there space needs. Moving out as far as they plan into the parking lot brings the noise,
constant activities and light much closer to our yard.
Thank you for all the work you are doing on this new challenge. My hope is that it will not happen. One
further Question are you in touch with Theodore Wirth park people as they have a stake in this as well.
Lil Heiland & Katie Flannery
We are writing this email in regards to the meeting from Thursday, December 3, 2020 with Select
Medical for Regency Hospital and Hidden Lakes Association member/neighbors, to discuss Select
Medical's plan for the hospital. Neighbor/Members were given a two day notice this meeting was
happening. Upon commencement of the meeting it was quickly apparent that there had been a great
deal of planning regarding the hospital expansion, most of which has to do with reaching Hospital’s
licensed capacity through this expansion and the design of that expansion and as well as how beneficial
this will be for the hospital and their patients. However, absolutely no mention was made of how this
would affect the hospital’s neighbors, us.
In order to get to their hospital, all of their workers, delivery trucks, ambulances, visitors, etc, etc. drive
directly through the heart of our quiet and peaceful neighborhood. What was terribly disappointing and
alarming is how very little Select Medical has given thought to how this expansion would affect their
Hidden Lakes Neighbors. There was a sense of removal from environmental impact that these planners
displayed. They aren’t even aware of how the hospital currently affects our neighborhood. At present,
many of us walk throughout the neighborhood for enjoyment and exercise whether walking the dog,
exercising or just being outside for mental well‐being and the close connection to nature this
neighborhood provides. Currently we need to be extremely careful crossing the Hidden Lakes Parkway at
various points: Skyline Drive and immediately in front of the hospital entrance at the cul‐de‐sac of
Bridgewater Road, or right at the entrance to Hidden Lakes, because workers at shift change, delivery
vehicles throughout the day etc. race to enter or leave the facility, many times running right through the
stop signs at Hidden Lakes Parkway and Waterford Court/Drive. One can only imagine how the addition
of construction vehicles, patients, workers to care for these patients and run hospital, and volume of
deliveries will affect our environment.
When we were able to ask questions at this meeting about traffic studies or environmental studies done
for this project/expansion, shockingly none have taken place. The planners/presenters didn’t even seem
to consider this, nor the City of Golden Valley. This is extremely disappointing. Finally, we were informed
that they would be having a meeting December 28 with the City Council to present their plan. This
meeting is too soon, especially without any traffic studies or environmental studies completed and Select
Medical springing it on us at this last moment. We sincerely hope that you will consider Hidden Lakes
neighborhood and how this expansion will affect this beautiful community we live in.
Thank you.
Sincerely,
Maria & Tom Tierney
1420 Skyline Drive
Golden Valley, MN 55422
Hello.
I am concerned about the proposed expansion of Regency hospital.
I live at 1401 Waterford Drive across the pond from the hospital.
I have walked in Wirth Park and on the other side of the fence from the hospital dumpsters, I have seen
a lot of latex gloves, syringe caps and other hospital waste. I asked them to clean it up but they never
did. I don’t think their dumpsters are very secure.
I have also seen discarded masks and latex gloves on the streets in our neighborhood.
Their parking lot has a lot of traffic at odd hours with employees coming and going, locking their cars
and thereby honking their horns and car alarms going off at all hours and 5 a.m. delivery trucks.
Employees speed through our streets as well and often don’t stop for the stop sign. I see this almost
every day as I walk the neighborhood.
I object to the increase of noise and traffic and careless disposal of potentially toxic materials so close to
the park and to Sweeney Lake and Hidden Lake. And the increased disruption in our neighborhood.
Thank you.
Paula Anderson
Dear Council Member Rosenquist,
We are residents of the Hilltop Village neighborhood next to Regency Hospital in Golden Valley. As you
may know, Regency Hospital has proposed a significant expansion of its facility in our neighborhood. I
have seen the Hospital's presentation on this proposed expansion and would note in particular that they
are proposing to increase the number of beds by 39% and the total space of the facility by 27%. However,
there was no mention in this presentation of what the Hospital would offer to ameliorate the adverse
consequences that such a significant expansion would impose on the surrounding residential
neighborhood.
We would like to ask you to advocate on behalf of the residents of our community.
You may know that there is only one way in and out of Regency Hospital, namely though our
neighborhood on a road maintained by the community (not Regency). An increase in traffic of at least
39% alone would impose added maintenance costs on residents in addition to increasing safety and
health hazards. Employees of and visitors to the Hospital already routinely exceed the posted speed limit,
ignore traffic signs, and litter the road with PPE and other trash. We'd appreciate understanding what
you will be doing on behalf of residents to require Regency Hospital to manage these associated
increased risks and costs.
Regency Hospital is a for‐profit organization with ample resources not only to expand its facility but to
pay for the direct and foreseeable costs and negative side effects this will impose on our adjacent
neighborhood, without which Regency Hospital would not be able to function. It should not be allowed to
force our community to subsidize its expansion.
David and Anne‐Lise Whitescarver
1730 Waterford Court
Golden Valley, MN 55422
As a Hidden Lakes resident in close proximity to Regency Hospital, we’re writing to share our concerns
about the proposed hospital expansion. We live at 4241 Woodland Trail – in the townhouse unit right
next to the Regency Hospital parking lot.
First, we believe the hospital expansion should not be allowed as such expansion would have a direct
and monetary impact on the neighborhood and our home values, and there isn’t adequate space to
expand in any direction (per the attached drone photos). We moved into the neighborhood in April 2019
and before submitting an offer for our home, we checked on the hospital status. We were told the
hospital was a good neighbor and that the hospital would either remain the same size or it might
potentially even close its doors. While we appreciate the services that the hospital offers to patients and
families, we have not had a neighborly experience with it. The perimeter of the hospital is not well
maintained and the coming and going of employees and visitors is disruptive. An expansion of the
hospital will undoubtedly lower our home’s market value and take away from the neighborhood feel.
These direct impacts to individuals and homeowners outweigh the potential business gain for this for‐
profit hospital.
We would also like to raise a significant concern about current plans to remove the knoll (grassy hill
area) along the walking path and on the side of Theo Wirth park, and replace it with additional parking
spaces. Because we are so close to the hospital, the knoll serves as a visual blocker from our home to
the industrial look and feel of the hospital, and the garbage area in the back. It is also a nice transition
between the hospital and Theo Wirth park. If the knoll is removed, the sight line from our home will be a
parking lot, cars, people, smokers, delivery trucks and the garbage area. This will significantly impact the
value of our home. We strongly urge the hospital to keep the knoll in place.
Because we are so close to the hospital and use the walking path every day, we are very familiar with
the perimeter – as well as the area outside the perimeter – as the impact of the hospital extends into
our street and yards. We find garbage on the ground nearly every day – face masks, shoes, alcohol
bottles, other garbage. Employees and visitors are sometimes loud. Additionally, employees smoke
outside the hospital perimeter along the walking path and near our yards. These issues will only grow
with the hospital expansion. If the expansion is approved, we request a line of mature trees along the
entire edge of the parking lot to serve as a buffer and to create greater separation between the hospital
and the neighborhood. We also believe a designated smoking area near the building is critical. We
would also expect hospital maintenance or security staff to better maintain the outside area and
individuals’ behavior.
Like other residents that have voiced their concerns over traffic, we are concerned about the increased
volume of traffic and the everyday occurrence of speeding drivers at the beginning and end of shifts
which puts homeowners, friends and pets at risk. If the hospital expansion plan moves forward, the
hospital should assume cost of the road and maintenance, and properly manage employees’ safe
driving.
Lastly, construction on such a site would be very dirty, loud and disruptive. We request tight
management including strict and respectful construction hours and daily clean‐up of the site and
perimeter.
While we understand this is a business opportunity, the impact to the neighborhood and surrounding
park is significant and out of proportion to the gains. For these reasons, we strongly urge the hospital
and city to reconsider the expansion plan.
Thank you.
Todd and Michelle Wildenauer
4241 Woodland Trail
Dear City of Golden Valley Council Members,
I’m writing to document my deep concerns over the Select Medical proposed expansion of Regency
Hospital at the end of the Hidden Lakes neighborhood in Golden Valley. My concerns as a homeowner
fall under 3 main categories:
• Increased traffic
• Light pollution
• Decrease in property value
Below I detail the key points of my concerns. Please read carefully and consider how you would feel
about your home and property value if an out‐of‐state, for profit company was proposing to negatively
impact your home and neighborhood this way.
I am also including comments on how poorly and disrespectfully Select Medical handled the proposal
with the community.
If you don’t read the details, the single thing Select Medical could do to minimize the disruption from
expanding Regions Hospital would be to build an alternate access road to the hospital that didn’t
require the heavy utilization of Hidden Lakes Parkway.
INCREASED TRAFFIC:
The Hidden Lakes community is private property, including our roads that we pay for—to maintain and
plow. Our roads are lined with very nice trees and landscaping that we also pay for. Currently the only
access to Regency is to use our Hidden Lakes Parkway, where every car, truck, delivery semi, and
ambulance drives back and forth by more than 30 houses in the neighborhood all day and night every
day. Increasing capacity will also increase traffic, at a minimum from the increase in staff to care for
more patients. safety issues, increased cost to homeowners, and noise pollution
The current traffic to the hospital often speeds and drives through the stop signs without stopping at the
intersection of Hidden Lakes Parkway and Waterford Ct/Dr—the exact corner I live on. When it’s not
speeding cars to the hospital, it’s the ambulance beeping its siren and flashing its lights outside my
bedroom window every time it passes.
There is also a public trail through the neighborhood, and walkers, runners, bikers, etc use it throughout
the year. I’ve experienced it and seen on more than one occasion, cars speeding through the
neighborhood come close to hitting them and also persons in wheelchairs from the Courage Center.
Increasing the traffic and offering no alternate route to the hospital will worsen the situation. Last week
one of the cars going to the hospital killed one of the turkeys in the neighborhood at the intersection of
Hidden Lakes Parkway and Waterford Ct/Dr. And, left it on the corner lawn across from my house. What
if that had been one of the children from Waterford Dr who regularly ride their bikes across that cross
walk?
Despite trail access right next to Regency hospital, staff regularly walk through our private streets,
through our houses, and sometimes even cut through my back yard. I know my neighbors, and it’s not
them doing that wearing scrubs. The auto and foot traffic also cause noise pollution. Not only is my
home where I live, it’s also now where I work from home during COVID, and the noise pollution is
incredibly disruptive. I hear and see every car that drives on Hidden Lakes Parkway.
Lastly, every few years, the semis/large delivery trucks damage the monuments at the entrance to our
neighborhood. Again, we have to pay to have them repaired. Instead, Select Medical touted how our
beautiful neighborhood entrance will add to the value/appeal of their facility, never even suggesting or
seeming to even consider, an alternate, less disruptive access road.
The excavation equipment, construction traffic, noise, and increased strangers to the neighborhood
during construction will be very disruptive.
PROPOSED RECONCILIATION: Build an alternate access road to Regency—not our one private road,
Hidden Lakes Parkway.
LIGHT POLLUTION:
This will not directly affect me at 1530 Waterford Ct, though indirectly it will increase the brightness from
the hospital throughout the neighborhood. Select Medical’s proposed design, putting the large, lit atrium
off the front of the current structure directly faces several houses. They admitted they considered facing
it off the back of the current facility, which would minimize the light pollution, but described building
needs that would increase their construction costs. They described the view from the atrium would be
very appealing to their residents, because they would overlook our beautiful community, again, noting
the value to them without recognizing the proposal detracts value from our homes.
PROPOSED RECONCILLIATIONS:
Face the atrium off the back of the current facility, facing away from the houses.
Install lighting in the parking lot that minimizes glare toward the houses that face the parking lot.
Build an alternate access road to the facility to minimize car lights constantly shining into the houses
along Hidden Lakes Parkway, Waterford Drive, and the end of Bridgewater.
DECREASE IN PROPERTY VALUE:
I first moved to Golden Valley in 2003. I moved to CA for 3 years, but have otherwise lived in Golden
Valley. When I moved back from CA in 2017, I couldn’t imagine living anywhere other than Golden
Valley. I found the Hidden Lakes community and fell in love with the house I’m in now. I had no idea
when I moved in just how much I would also grow to love the neighborhood and the neighbors. In the
first few months I live here, I met and got to know more than 60 of my neighbors. It is a very special
community. Here are a few of the reasons that Hidden Lakes is a great place to live:
• Lovely homes and neighbors who look out for each other
• Access to Sweeney Lake within the neighborhood
• Access to trails that connect to Luce Line
• Less than 4 miles from downtown Minneapolis—easy access to all the city has to offer
• It’s PRIVATE. It’s not a throughway, with the exception of hospital staff.
• It feels safe.
• Beautiful landscaping that we pay for
• Private roads that don’t have cars from outside the neighborhood parked on the side of the road in
front of our houses
We purposely purchased our homes in this community for the community it is today. We didn’t purchase
it thinking the hospital would increase traffic, noise and light pollution, strangers to the neighborhood, or
increased use of the amenities we pay for by a privately‐owned hospital that doesn’t pay for their fair
share/impact.
Increased traffic, safety issues, and noise and light pollution will decrease the value of all the homes
affected by an expanded Regions Hospital. Lower property values = lower taxes, and that’s the only
possible negative impact to the City of Golden Valley. If this were proposed to go next to your house,
wouldn’t you want them to try to minimize disruption instead of taking advantage of the environment
you built and maintain? Select Medical bragged about how our neighborhood would add to the appeal
for their facility, to our faces.
If the city approves the plans without listening to the voices of the homeowners and taxpayers about
their concerns with the hospital expansion impact, it will notably change how I feel about living in Golden
Valley. I will lose respect for the governance of a town I’ve been so proud to say is where I’ve lived for
almost 15 years.
PROPOSED RECONCILLIATIONS:
Build an alternate access road to the facility to minimize car lights constantly shining into the houses
along Hidden Lakes Parkway, Waterford Drive, and the end of Bridgewater.
Add large evergreens to wall off the community from the facility.
COMMENTS ON SELECT MEDICAL, OWNER OF REGIONS HOSPITAL IN GOLDEN VALLEY
Select Medical is a private medical provider with more than a $3B market cap, and they were elusive,
tried to avoid speaking with the community, and when they did they were demeaning and talked to us as
if we were children, not a neighborhood full of highly educated professionals.
I have been in healthcare since 1997, where I started in patient care for those with heart failure. I have
an MBA from Carlson School of Management, which led me to work in the medical device industry since
the early 2000’s. I’ve been involved in building proton therapy radiation centers. I understand the
challenges in developing healthcare facilities in neighborhoods and the cost and regulatory factors that
must be considered. It’s not an easy undertaking.
I was appalled at how Select Medical and the local management at Regions Hospital handled the process
with the community. Here are some key takeaways:
• They started the project here at Regions in Oct. To do that, Select Medical would have explored several
of their current facilities across the US to determine this is their preferred option to expand.
• We learned late in the process, and we were given 2‐days’ notice they were meeting with the City of
Golden Valley.
• They then informed only the homeowners of Waterford Drive, completely disregarding that the
expansion will affect almost all the homeowners in the neighborhood.
• The neighbors spread the word, and we were invited to join a Zoom meeting the next day.
• They sent a message via our association contact, but it required each homeowner to individually
request a link to the Zoom meeting. Adding a step to deter high attendance seemed quite intentional,
especially if you didn’t make the request before 4 pm, since the admin in PA leaves work by then.
• The Development Director from TX spoke to us in the most condescending manner, despite several of
the participants noting they were experienced professionals.
• The presentation they provided appeared to be a pitch they would make to potential referring hospitals
and residents/residents’ families. Leveraging our neighborhood was part of the appeal, and they didn’t
even realize how insulting that might be.
• On the call, they explained that they had secretly driven through our neighborhood for some time,
assessing the environment (invading our privacy), and determining our beautiful community added value
to their planned expansion. Again, not realizing how odd that might sound to the people who own the
property.
They don’t know the community at all, including Golden Valley. They are in PA, TX, etc, not MN. Regions
Hospital is already not a safe or respectful neighbor, and increasing the number coming/going through
our neighborhood will exacerbate all the concerns. They didn’t do any homework to learn who they were
presenting to on the Zoom call. Before I present to the C‐level executives at hospitals across the US, I at
lease check LinkedIn to understand the background and experience of those I’m presenting to. The tone
of the individuals who spoke with us was dismissive and condescending.
I sincerely hope you took the time and consideration to read this. These are our homes, our community,
and our lives, and we want our concerns to be heard and possible reconciliations seriously considered.
If there is value to Select Medical and value to Golden Valley, why can’t the two work together to keep
from subtracting value from all the 120+ homeowners in Hidden Lakes.
Sincerely,
Melissa Byrd
1530 Waterford Ct
Golden Valley, MN 5422
Dear Mayor Harris and Golden Valley Council Members,
We are writing to express our concern and opposition to the expansion plans of the Regency Hospital in
Golden Valley.
Over the past couple weeks, out of nowhere, our Hidden Lakes community was made aware of a plan to
expand the Regency Hospital which is about 500 feet from our back porch. The fact that this plan has
been in the works and that there was no formal process for feedback from the Hidden Lakes neighbors,
Golden Valley residents or other interested parties raises high suspicion on our approval process. Then
to ask for feedback “quickly” in the middle of a pandemic and right before the holidays is another
unacceptable turn of events. This has established a precedent that I hope you, our city council, would
work to prevent in the future. As our representatives, we are writing to ask for your support in opposing
this hospital expansion.
Below are individual concerns and more collective concerns we have about moving forward with this
expansion.
We have been residents of Hidden Lakes and Golden Valley since 1999 and have witnessed the
increased traffic, continued property damage, litter and increased noise the hospital has caused as it
ramps up to its capacity. Our house backs to Hidden Lakes Parkway and the traffic (speeding cars at that)
begin early in the morning ‐ 4am and does not stop until 7am, then as shifts change, the pattern repeats
itself. This does not include the loud trucks that come in constantly.
We purchased our home in a planned community where we would not expect this kind of traffic. With
that said, after moving in and experiencing the traffic, we planted landscaping to help reduce the noice,
but it can only do so much. Now, with this expanded hospital plan, this disruption will only get worse. In
addition, this hospital does not even serve our local community. Over the years, we have asked for their
support to reduce the speeding, but to no avail. Accepting this plan to move forward would only hurt
our interests in the community with no upside for us as homeowners.
Our comments above refer to our personal impacts, but we also ask the council to consider the broader
impacts of such an expansion on the community. Below are some that come to mind in no particular
order:
‐ Increased traffic and speeding ‐ impacts not only our backyard, but all who live facing Hidden Lakes
Parkway or drive on it.
‐ Increased Maintenance due to more traffic. We bear the actual financial cost of these repairs
‐ Construction disturbances
‐ Additional lighting in the parking lot ‐ the lights already are too bright and what are the impacts on
wildlife or the environment
‐ What are the impacts to current easements and additional landscaping needs
‐ Pedestrian / bikers on our public trails competing with this larger traffic pattern and numbers.
These are just some of the possible impacts. Then, there is the possibility of even further expansion of
this hospital that may be in the works. Given how this plan came out of nowhere and is being rushed
through, it does not give us confidence that a future proposal would not be treated the same way. The
plan is all about the hospital and the fact that there was no transparency to the process to get direct
neighbor feedback is unconscionable. And now, those of us who would be most impacted have little
precious time to voice concerns, get input or even be at the table.
Please use this letter as our formal and strong opposition to the hospital expansion.
The courtesy of your response would be appreciated.
Respectfully,
James Assali
Michael Mauch
1499 Waterford Drive
Golden Valley, MN 55422
Mayor Harris and Council Members,
We’re writing to you in reference to the proposed expansion of the Regency Hospital campus
in the Hidden Lakes community, and to express our concerns about it, as well as the hurried
process in which it appears to be moving.
Earlier this year, my wife and I purchased a home in the Hidden Lakes community of Golden
Valley, with the intention that it would be our retirement home.
From the time we started looking for a home in the area, closing on the purchase and planning
the renovation, there’s never been any information put forth about any potential upcoming
project, of the magnitude being proposed by RHC, until recently.
Approximately three weeks ago we received a letter from our HOA inviting us to take part in a
Zoom meeting with the representatives of RHC, discussing the project, and stating they were
intending to present it to your body on December 14th. According to the HOA, they too were
only notified a day prior to sending out the notification to the residents. What was scheduled
as a 30 minute Zoom meeting ended up being well over 2 hours, due to what you might
expect, overwhelming concerns being brought forward by many of the attendees about the
project and the process by which it was being pushed along. After the Zoom meeting, it was
learned that this item had been pushed to the Council’s December 28th meeting.
We have many of the same concerns as the other residents about the project, as how the
expansion will affect traffic flows, noise, affect on property values, wear and tear on the roads
(which are private, and as I understand maintained by the HOA), as well as the potential further
expansion later on (based on the proposed design and information provided by the RHC rep).
What was also surprising was the fact that, according to the RHC representative, there’s not
been an environmental impact study or any traffic surveys completed for the project, prior to its
presentation to the Council. I later checked the last few months of the City’s Planning
Commission meeting minutes (on the City’s website) and did not see any mention of this
project in any of their agendas.
As new residents of the City, we have some questions about the process being undertaken by
RHC, in putting forward this project.
‐ Are construction projects (of this magnitude), especially when they effect the residents
and area around it so directly, normally first brought to the City’s Planning Commission?
‐ Was this project brought to the Planning Commission for review/approval, prior to being
moved for City Council approval?
We’re sure you can appreciate the concern we have as new residents in the city, what the
potential negative impacts this project can have on the Hidden Lakes community as a whole,
and ask that you oppose it.
Thank you for your attention in this matter, and please ask staff to acknowledge and respond to
the process questions above.
Respectfully,
Dominic & Kristine Cotroneo
1535 Waterford Ct.
Dear Mayor Harris and Golden Valley City Council Members,
We are writing to express our concerns and opposition to the expansion plans for Regency Hospital in
Golden Valley. Our concerns fall into four categories:
1) the Process and timeline used by Select Medical in pursuing this expansion
2) Neighborhood impact
3) Alternate route considerations
4) misleading claims presented to homeowners during zoom meeting of December 3, 2020.
To begin, I imagine that Select Medical would like to be perceived as trustworthy in the development of
their expansion plans. Given that, I hope they and the City of Golden Valley will be open to the ways in
which, from the beginning, that has not been apparent. The neighborhood of Hidden Lakes was given a
2‐day notice of the meeting of December 3, 2020 in which we were informed of the benefits to Select
Medical and Regency Hospital of their expansion plans. This emphasis of benefits to them, took up most
of the time during the Zoom meeting even disregarding attempts of participants to seek “benefits to the
neighborhood.” In terms of trustworthiness, it is impossible to conceive that the development of this
expansion only began in October, 2020, as David P. Garman, Director, Design & Construction Select
Medical stated numerous times. Quite Incredulous! From the start, it felt like someone was trying to
“pull the wool over our eyes.”
When asked about a study of traffic‐impact, David Garman indicated they had not done that and
wouldn’t until possibly AFTER construction. THAT would have been of interest to Hidden Lakes
homeowners and would have felt like a trustworthy effort. A number of the comments from Hidden
Lakes homeowners spoke of the impact of both construction traffic and eventually traffic from the
increased capacity and staffing of the finished expansion. A traffic‐impact study could go a long way to
answering some of the greatest concerns of the hospital’s neighbors and has the potential of building a
sense that they care, at least a little bit, about harmonious relations.
My second point: Homeowners of Hidden Lakes can have little to nil impact on Regency Hospital or
Select Medical, but Regency Hospital and Select Medical can have a HUGE impact on the neighborhood
of Hidden Lakes. During the Zoom meeting a homeowner spoke of the litter, face‐masks, liquor bottles
and general garbage that she regularly picks up in the parking lot that abuts our neighborhood. Regency
Hospital and Select Medical should initiate immediately an appropriate and frequent clean‐up of their
property. Even visitors, if seeing an unkept parking lot, must wonder about the safety considerations
INSIDE the building. And of course, the history of that hospital gives one reason to harbor such
questions.
Further, during the Zoom meeting, David Garman alluded to this being Phase One, but provided no
further indication of what or when a Phase Two would occur. Unanswered issues, such as these leave
me feeling like the “wool is being pulled over our eyes” both now and into the future. Unfortunately,
this is just a small list of the ways in which the process and timeline used by Select Medical has greatly
eroded any sense of trustworthiness with our Hidden Lakes neighborhood.
My third point: has any consideration been given to an alternate route into the hospital? While no
current alternative route has been developed, what is the possibility of entry through Hennepin County
parkland? This concept may be met with even greater opposition than the current pathway using
Hidden Lakes Parkway, the road privately owned by Hidden Lakes Homeowners Association and its
members. That may or may not be a reasonable alternative access to the hospital, however giving it at
least a thorough study would be welcome.
My final set of issues deals with misleading claims presented to homeowners during the quickly‐called
Zoom meeting of December 3, 2020. David Garman responded repeatedly to various questions by
stating that “we’re a privately‐held hospital.” This statement coming from the spokesperson whose very
title includes Select Medical. And while I realize that Regency Hospital of Minneapolis is registered as an
LLC, its taxes are sent to Altus Group LLC in Southlake, TX, as a representative of Select Medical. Select
Medical is a company publicly traded on the New York stock exchange (SEM). Walking through the
parking lot daily we can observe painted arrows on the pavement, large construction machinery in place
and newly installed silo‐like storage buildings ‐ leading to the impression that approval has already
occurred and shovels are ready!
A couple of additional comments: Building trust while holding a Zoom meeting is met with challenges,
but to choose to hide one’s photo or face comes across as a manipulating and controlling effort. I wish
that participants from Select Medical and from the City of Golden Valley had not chosen to do that. It
didn’t help the trust‐building effort.
Furthermore, if it is not currently included in City of Golden Valley code, please consider adding a
requirement of both traffic impact and neighborhood inclusion in proposed business, commercial, or
“privately‐held businesses” expansions in the future.
Please consider this communication as representing only a small snapshot of the concerns and
opposition we are expressing regarding the proposed expansion of Regency Hospital, Golden Valley and
consider it our formal and strong opposition to the proposed plan.
Respectfully,
Richard and Ann Christiansen
1495 Waterford Drive
Golden Valley, MN 55422
Dear Gentlemen,
I have been a homeowner in Hidden Lakes for 21 years. I was on the call a couple of weeks ago and
heard how Select Medical would benefit from an expansion of Regency. I did not hear how it would
benefit Hidden Lakes Residents. We are a residential neighborhood and I only see how an expansion of
the hospital would affect us negatively. An exponential increase in traffic, noise, and pollution from staff
and vendors. You have several other hospital locations in the Twin Cities, why don't you use your
resources into expanding one of those hospitals? It seems to make more sense.
I look forward to ongoing discussions to find solutions that work for both your company and our
neighborhood.
Kind regards,
Nancy Alexander
Mayor Harris and Manager Zimmerman –
I’m writing today regarding the proposed project at Regency Hospital, in the Hidden Lakes development.
As a longtime resident of Golden Valley, it is important to express my views about Select Medical’s plan.
I’m a recent new resident of Hidden Lakes, but have lived in Golden Valley for 23 years. My first two
Golden Valley homes were in North Tyrol, and I attended the meeting last year that you graciously
attended regarding narrow lots. I was so impressed with your willingness to listen and take feedback
from neighborhood residents, even when faced with frustration and anger. I love living in Golden Valley,
and that meeting was a good example of the open conversations between our city government and its
residents that are so vital to our continued community health.
A key reason I chose Hidden Lakes when I was ready to move from a single family home to a townhome
was the ability to stay in Golden Valley. So much to love about our suburb, including the city’s careful
balance of commercial vs. residential real estate. Those interests often do not play well together, and I
applaud city planning efforts to develop the 394 corridor and “downtown” Golden Valley at Hwy 55 and
Winnetka to keep traffic and activity out of residential neighborhoods while also increasing our tax base.
The quality of our housing stock and livability of our neighborhoods is so crucial to our city’s future.
That seems to be the crux of the issue with Regency Hospital. Obviously I knew the hospital existed
when I purchased my townhome, and in fact live just a few units up from Regency’s parking lot. That
was a compromise I was willing to make to live in a lovely neighborhood, stay in Golden Valley and be
close to city parks and downtown. Any development will have a direct impact on the quality of my unit
and surrounding area and reduce the livability of the neighborhood. I was absolutely appalled at the
scope and plan presented by Regency, and the total lack of consultation with the neighborhood. I’ve
worked at senior levels in three Fortune 100 companies, and know full well that this kind of project
often spends years in development. So their presentation noting only a few months of work on the plan
was disingenuous at best, and an outright lie at worst. The assumption that we would welcome an
increase in traffic, noise, light pollution and physical presence with open arms was poor thinking.
Most appalling to me was Select Medical’s acknowledgement that the planned construction includes
room for expansion – thus increasing even further the impact on our neighborhood. It seemed to be
sleight of hand – build in expansion space now to make it easier to expand later, thus further increasing
traffic, noise and disturbance. If Golden Valley wants to continue touting quality of life, this is certainly a
move in the wrong direction.
I’d strongly advocate that the city refuse the application for construction, and actively seek how to
better use that space. It is ideally situated by lakes and parks, and seems to have value to our city well
beyond its current use.
I would also like to suggest that the city strongly consider a change in lighting should Regency remain,
and potentially a global change across the city. Living next to Regency now for several months has made
it clear that the need to control lighting and accomplish both safety and preservation of dark skies is
essential to quality of life.
On a recent visit to Tucson AZ, I was struck by how dark the sky was, and learned about the Pima County
initiative to preserve the dark sky by changing how the city of Tucson is lit. It is fascinating work, and has
a huge environmental impact as well as improving quality of life. I’ve attached a reference about lighting
to preserve dark skies to this note, and urge you and the City Council to seriously consider a change to
our codes. Of course there are many sources of information about dark sky preservation, but the City of
Tucson has done a magnificent job.
https://www.darksky.org/wp‐content/uploads/bsk‐pdf‐manager/RASC‐GOL_2018_51.pdf
Here is a short list of the areas I believe need further exploration to even consider Select Medical’s
request for expansion, prior to any debate regarding a construction permit.
1. Create a traffic and activity flow for both the current expansion and the planned future
expansion, noting that the decision rests on the ultimate capacity rather than the interim
capacity. Predict increased traffic, noise, parking requirements and "wear and tear" on the
roads.
2. Study how increased capacity will impact plans for food service and facility supplies, and the
increase in number and size of delivery vehicles.
3. Evaluate alternate construction plans to minimize the physical presence of the building and the
expanded parking lot. Determine if there are alternate entry and exit paths without coming
through the Hidden Lakes neighborhood
4. Explore alternate lighting solutions. The parking lot creates tremendous light pollution, and
many options exist to provide a safe level of light while minimizing light pollution and impact on
wildlife in the park. Additionally, the planned day room would likely be a source of light
pollution for residents with a direct view of the building, so planning for any 24 lighted internal
spaces should face away from the neighborhood
5. Fully develop a landscape plan, and mitigate both the physical presence of the building, the
parking lot and all activity associated with the hospital. Identifying sight line blocking plantings,
and include plans for proper maintenance and waste pickup will be crucial. Current maintenance
by the hospital is unacceptable, with waste products frequently found littering the grounds and
the hiking path.
6. Create an environment impact plant to
a. minimize environmental impact
b. reduce visual presence, auditory disturbance and traffic impact
c. Reduce energy and water use
Thank you for taking comments on this issue, and of course I’m happy to have further conversations if
that would be helpful.
Nancy J Eicher
4211 Woodland Trail
Golden Valley MN 55422
Dear committee members,
Today when I went out to walk my dog at 7:45 I was greeted by a hospital face mask, a hospital
measuring container for liquids, and an empty cigarette pack. This is just one morning and these things
were directly across from my home by The Regency parking lot.
As the plans are continuing to expand this hospital my concerns about the increase in noise, garbage and
traffic also grow. I believe my home value will be substantially impacted. If the wooded hill across from
me is turned into another parking lot my garbage situation will cover the entire side of my home. Also,
the noise I hear daily from trucks and tanks being filled will have no puffer. With the hill some noise and
truck views are blocked. I cannot believe if you came to see the situation any one would think this was a
good idea.
Lil Heiland & Katie Flannery
Mr. Zimmerman,
Good afternoon, I understand that you are managing Planning issues for the proposed Regency Hospital
expansion.
I’m forwarding along one of many email threads I’ve had with City staff regarding unchecked speed
issues on the Hidden Lakes Pkwy. While I personally do not object to their need to expand the hospital,
it must be done in a way that does not threaten the safety of the residents here, and it’s not an
exaggeration to use that language. I have been fighting for attention to this issue for 13+ years (see
below), with not one truly effective solution ever proposed by the City.
Unfortunately, another speed limit reminder posted in the Regency Hospital employee break‐room isn’t
going to cut it, we need real partnership and creative solutions with the hospital on this issue as part of
the expansion approval process. While I understand the City’s positive bias toward any new construction
projects, I would respectfully ask that you personally ensure that this ongoing community safety issue is
not swept under the rug in the current race to give the hospital their approval.
thank you,
Scott Booher
Hidden Lakes
Dear Regency Hospital Construction and Golden Valley City Representatives,
I live in Hidden Lakes on Bridgewater Road and have some concerns regarding the future proposed
expansion of the Regency hospital. My concerns are as follows:
1. Increased traffic along Hidden Lakes Parkway. A few concerns here, first and foremost is the safety
of residents in our private development. The second is the increased time it will take to get anywhere to
and from our neighborhood. The third is wear and tear of our roadways, I assume just Hidden Lakes
Parkway, due to construction and employee access would only be on Hidden Lakes. I strongly feel that
Hidden Lakes Parkway be the only road that would be affected by the additional traffic from both
construction and hospital employee/visitor access, see more below. With increased traffic and due to the
construction, road repair or construction would be more frequent, which would also end up with more
cost to association members / residents.
2. Rerouting of traffic for various reasons to the hospital directly down Bridgewater Road, mostly due
to Hidden Lakes Parkway road construction. This has been done a few times in the recent past and
although most traffic going to and from the hospital have obeyed the speed limit, there are some cars
that still speed through. I have children, including a 6‐yr. old that has just learned to ride a bike. Being a
private residential road, there are no sidewalks on Bridgewater. In addition, I have observed vehicles
speeding through the neighborhood going to the hospital, including running over the bollards at the end
of Bridgewater after the Parkway construction had been complete for weeks. I believe this to be
employees who now realize they can get to the hospital quicker through Bridgewater and may be in a
rush to get to and from work.
3. With the re‐routing of non‐residential traffic down Bridgewater Rd. for construction/hospital
employees and visitors, it provides increased access for strangers around our children. I do not see myself
as a paranoid parent but the additional access to public traffic obviously increases the general public into
our private neighborhood, including awareness of our neighborhood. In the past we have noticed the
public access had produced some "creepy" strangers taking pictures of my daughter and her friend (we
had called the police) and others driving slowly including stopping and looking at our kids.
To summarize, my primary concerns are 1) increased traffic ‐ safety, increased drive time, and including
more wear and tear on our roadways with associated additional repair costs, and 2) increased
probability for re‐routing of traffic through our residential street on Bridgewater Rd. including safety of
our residents and children. I am not totally opposed to the expansion but strongly advise that
precautions be taken to avoid or address these issues.
Thanks,
Nick Aloi
1525 Bridgewater Rd.
The site in PUD 74 is an (I‐3) medical facility surrounded by (R‐1) single family residential uses and (I‐4)
uses such as parks, golf courses, and parks. It is serviced by a shared private road though the residential
community. It is the only (I‐3) site with these parameters in Golden Valley and deserves special attention
to separate the (I‐3) use and institutional architecture as much as possible from the (R‐1) uses.
My objection to the originally proposed plan, along with the usual objections such as increased traffic,
noise, construction noise, etc., is the increased encroachment of institutional architecture upon our
park‐like single family residential neighborhoods, especially the large gathering room planned for the
northeast corner of the addition.
“Planned Unit Development – A development plan approved by the City that offers flexibility in the
regulation of certain aspects of the City Code in exchange for public benefits by the developer in the
form of amenities. Common modifications include ... unique site concepts. In return the City may ask for
… public open space, or enhanced infrastructure.” Little of that was being proposed. In the past, we
have at Association expense, planted as much screening as possible on our Common Areas to separate
the institutional architecture from our residential architecture.
In a presentation to the residential community, the hospital said they explored adding to the west side
of the building and ruled it out for various reasons. They will be removing the tall parking lot light
fixtures and replacing them with lower level lighting. However, they are also removing open space for
the addition. The added gathering room with commercial floor to ceiling windows that wrap around it
would emanate a bank of light at night at a height of the existing parking lot lighting they are removing.
It is significantly closer to the residential areas than need be. Because these windows also wrap around
the corner, they can be seen from most homes of the west side of Waterford Drive, homes on
Woodland Trail, homes on the east side of Waterford Drive close to Woodland Tail, and some homes on
Bridgewater Road. If the existing parking lot lights can be seeing form homes on Skyline Drive, chances
are that the windows will also be seeing from those homes as well.
It is a shorter walk to a stairway adjacent to the added gathering room from on any home on Woodland
Trail, some homes on Waterford Drive, and six homes on Bridgewater Road than from some rooms in
the hospital. With a site as big as they have, that doesn’t make sense. The room is too far from many
patient rooms and much too close to the residential areas. It would be much better for patient and
family convenience if it was built as central as possible, such as over the courtyard on the west side of
the building; or over the ambulance entry. The plan could be improved further by moving the
ambulance entry further south and farther away from the residential areas.
The new wing itself cannot be moved further south because of the need for service the southeast corner
of the existing building with food deliveries, but after moving the room, it would be possible to shorten
the new wing and move the stairway further from the residential areas. A room on top of the
ambulance entry would still have views of the pond and its fountains, albeit from a greater distance as
well as views of Theodore Worth Park and possibly Twin Lake.
I must also say we have enjoyed the benefit of the use of their meeting rooms for our monthly Board
Meetings and annual Association meetings, so having the hospital as a neighbor isn’t all bad.
The attachment is an aerial view of part of Hidden Lakes with the proposed addition added to it to show
how much the community or gathering room encroaches on the community.
I didn’t mean to convey that I approved of the addition. I am opposed to it. I welcome the changes in
this parking lot lighting, that is all. I would rather the facility be changed to a 55 plus extended care
facility in keeping with its neighboring community. My second choice would be a nursing home. Either
one by its existing owners or through a sale to an entity that ran such facilities.
Such a change would reduce traffic, eliminate the need for daily ambulances, possibly reduce parking
requirements in exchange for more landscaping, and possibly provide a place for our older residents to
move to when the time came to thing about those eventualities.
Paul Pink
Dear Mr. Zimmerman,
I am sharing some concerns of some of us at Hidden Lakes regarding Regency Hospital expansion plans.
This has also been addressed to our homeowners association and planners:
We live at 1435 Waterford Drive, with the back of the townhome facing the pond and Hidden Lakes
Parkway. We note the lack of any hedge or tree barrier along our side of the road. We have heard and
seen large delivery trucks in early morning hours, and various vehicle traffic at all hours. This would
increase considerably with the expansion plans.
Regardless, we recommend evergreen trees along Hidden Lakes Parkway facing our houses, that would
reduce vehicle noise to residents, and much improve the view.
We will appreciate your consideration on this matter.
Yours Sincerely,
Gerald G. Mindrum
Dear Mayor Harris and Members of the Golden Valley Council:
After residing in the Hidden Lakes Community for almost 21 years as one of the original homeowners, I
am writing to express my strong opposition to the proposed expansion of the Regency Hospital in our
tranquil neighborhood.
Never did I realize how my life would change as a resident of Hidden Lakes, after a very urban lifestyle
living in Los Angeles for 33 years. It was a wonderful surprise and a gift that I found myself living in the
middle of nature with all the wildlife in my own back yard … deer, fox, beautiful song birds, squirrels,
rabbits, turkeys, opossum. The Hidden Lakes community is a tight knit group of homeowners and we all
enjoy life here and absolutely love this beautiful environment surrounded by Theodore Wirth Park and
Twin and Sweeney Lakes and I don’t want to see any of this change.
In the early years the Hospital was very quiet and after several failed owners we never thought we would
be faced with the possibility of this facility expanding. I have a dog and walk the community on a daily
basis, and it has become increasingly clear that the current owners, Select Medical, have a thriving medical
facility evidenced by the fuller parking lot and increased traffic on our private streets.
My concerns of this hospital expansion are shared by my many of my neighbors and I will outline them
regardless.
Increased traffic from medical staff, guests, vendors and very large vehicles not meant for private
roads.
Additional parking lot lighting while existing lighting is already too bright for homeowners already
exposed on Woodland Trail and Hidden Lakes Parkway
Recently very costly roadway repairs on Hidden Lakes Parkway and we fear there will be early undue
wear, tear and damage with the increased hospital traffic.
Littering which is currently a very annoying problem throughout the parking lot, along our walk paths
and on Hidden Lakes Parkway, and the Regency management doesn’t seem to do anything to improve
the situation. Hospital trash also ends up in Theodore Wirth Park next to the south buffer zone.
Hidden Lakes entry monument is currently damaged by a large hospital vehicle and the cost to repair
is $10,000. This is a common occurrence with large medical vehicles entering the community and
since I have lived here this monument has been damaged at least a half dozen times or more.
Modified parking lot plans with this expansion include cars parked too close to homes on Woodland
Trail.
Serious concern that Hidden Lakes property values will be jeopardized by this expansion, thus
reducing taxes the City of Golden Valley currently levies – and lowering the appeal of the Hidden Lakes
community.
Hospital traffic often ignores the 20mph speed limit and stop signs on Hidden Lakes parkway, and
with this expansion these problems will worsen causing serious concern for safety and security issues
of our community along with more noise and trash littering including erosion or our roads.
We haven’t seen an Environmental Impact Study or a Traffic Study to support this expansion.
Removal of the hillside buffer zone on the south Hospital parking lot with at least 4‐5 large evergreen
trees and other large trees isolating the Theodore Park land from the hospital – increasing parking lot.
Expansion will negatively impact wildlife in our wooded areas around Hidden Lakes and Theodore
Wirth Park which is home to deer, fox, rabbits, turkeys, opossum and many others.
You should be aware that Select Medical is a well‐established diversified health care company with a
national presence and recognized as one of the “Best Managed Companies in America” by Forbes. In April
2001 the company completed an initial public offering and was listed on the NASDAQ, and 14 months
later listed on the New York Exchange (symbol SEM). In 2004 they acquired the world‐renowned Kessler
Institute for Rehabilitation, adding inpatient medical rehabilitation to its patient care offerings. Their 2019
value was reported at $5.2‐5.4 Billion Dollars. Select Medical can well afford to meet any City of Golden
Valley required amendments to their current proposed expansion plans, while also addressing serious
concerns of our Hidden Lakes Community.
This is a very tranquil, unique and special residential neighborhood and we want to keep it that way, and
this expansion only jeopardizes everything we love about our Hidden Lakes Community. We are not a
commercial or industrial area, and frankly if Select Medical wants a large active hospital they should
maybe consider selling this property and moving their hospital facility where they can be supported by
public roads in a more appropriate commercial/industrial setting in Golden Valley or other area of the
Twin Cities.
Since you, our City of Golden Valley government leadership represent us in this City, and as possibly the
highest tax‐based community in Golden Valley, we hope you will be prudent in your decision making to
protect our community from anything that might adversely affect our lives and property values. Clearly
this expansion of a medical facility will without a doubt cause some very negative impacts to all of us in
this community. In the event any of you have never been in the Hidden Lakes community – I urge you to
come over to Hidden Lakes to see for yourself what we are all describing in our various communications
before you move forward with any decisions for this proposed expansion.
I along with the Hidden Lakes homeowners strongly urge you and the City Planning Commission to vote
against this proposed expansion by Select Medical of their Regency Hospital in the Hidden Lakes
residential community. We expect that you will prioritize the interests of Golden Valley residents over
those of an out‐of‐state conglomerate public company.
Sincerely,
KATHERINE SOBIECK
1400 Waterford Drive
Golden Valley, MN 55422
Ladies and Gentlemen:
We are writing to express our concerns and opposition to the above referenced expansion project for the
following reasons:
1) Current operations of the hospital are already a neighborhood nuisance to the surrounding residences
and Theodore Wirth Park. On a daily basis, employee and vendor vehicles exceed posted speed limits.
This vehicular traffic routinely ignores the posted stop sign at the intersection of Hidden Lakes Parkway
and Waterford Court/Drive. Incidences and near incidences with wildlife and pedestrians are
commonplace. Safety is a major concern with the present operations of the hospital, and future
expansions routing increasing commercial and personal vehicle traffic patterns would only exaggerate an
already unsafe situation.
2) Presently, Regency Hospital does not dispose of its waste in a proper manner. On a daily basis, used
facial masks, gloves, sanitizing wipes and assorted other hospital disposables can be seen littering the
parking lot and neighboring properties. This is in addition to the trash of cigarette butts, empty liquor
bottles and fast food containers. Any expansion would bring more employees and visitors and only
worsen the littering situation.
3) The hospital is licensed for 92 beds and presently operating at 66 beds. The proposed expansion
involves a reconfiguration back to 92 beds. However, by the hospital’s own representations, this
expansion is only the 1st phase of a multi‐phase, multi‐year project. The transparency on the ultimate size
and scope of the project has been poor. It is apparent to numerous homeowners, including us, that
Regency Hospital is not being truthful with their ultimate plans for the site. As an example, the hospital
now conceals their future phase plans after their initial presentation to Hidden Lakes homeowners.
4) The current footprint of the property is limited in space and future expansion capabilities as it is
surrounded by single family and townhome residences, Twin Lake and Theodore Wirth Regional Park
(City of Minneapolis). Regency’s current phased expansion would add 60+ employees thus concentrating
more vehicles, foot traffic and the resulting nuisances noted above in the same footprint.
5) This property is a for profit commercial facility. It should be located in a commercial area, ideally near
other medical facilities including a full‐service hospital for those patients needing emergency care.
The Regency facility is the remnant of what was once a large grouping of other medical on‐site facilities
located on what is now Waterford Drive and Waterford Court. Over time, these facilities were
demolished, and the property sold to the developers of what is now known as the Hidden Lakes
residential development. This hospital no longer fits the majority use of the surrounding properties
(residential, recreational, wildlife preserves, etc.). Rather than facing this reality, Regency is attempting
to expand a grandfathered facility that should neighbor other medical facilities, if for no other reason
than the needs of their patients, into a care facility that is not close to emergency medical services.
As the homeowners of 1750 Waterford Court, Golden Valley, MN 55422, we respectfully ask the Mayor
and City Council to reject this proposed expansion. To date, no credible consideration and no impact
studies have been performed (traffic, environmental, etc.). To the best of our knowledge, none are being
proposed with this expansion. We ask Regency Hospital and its Parent Company, to consider moving
their hospital to other locations that are commercially consistent with their facility. This would not only
lessen the impact to neighboring homeowners, wildlife and nature preserves it would also better serve its
patients who may need immediate medical attention their facility cannot provide. Unfortunately, and all
too often, the residents of Hidden Lakes witness Ambulances who must travel at high rates of speed on
the long road from Duluth Street to get to the Regency facility, only to then backtrack to rush a critical
patient to North Memorial Hospital or even further locations to provide emergency care.
Thank you for your consideration,
Patrick A. Luis
Brigitte Stream
Hi Shep,
I am writing to share my concerns about the planned expansion of Regency Hospital. I serve on both the
Valley Village and the Master Boards for Hidden Lakes. Valley Village (on Waterford Drive and Woodland
Trail) is the closest and most vulnerable to the proposed expansion. 26 twin units on these two streets)
have direct views of the hospital and parking lot. That amounts to 52 families. Another 10 to 12 single
family units have partial views. Further, a number of units on top of the hill (HillTop Village) do have
longer distanced partial views. A very high percentage of all residents are opposed to the expansion.
As an association, we have tried very hard to reach an accommodation with the hospital and have made
little progress. Our history with previous owners of the hospital have been very neighborly, cooperative
and friendly. The newer hospital organization (approx.5 billion in net worth) has created an environment
that is not encouraging. When I first heard of the potential expansion about 3 months ago I sought to
get info from the hospital headquarters and was referred to David Garmin (a high‐ranking officer). I did
so early as it takes time to obtain owner input and reactions. Especially during the Winter when many
residents flee to warmer climes. He assured me that he would email the plans to me. I never received
them. 10 days later, I called back and he was most apologetic and again asked for my email. They were
never received and he did not return any of my follow‐up calls. Much Later, he scheduled a Zoom
meeting with the residents to provide info and answer any questions. That call was cancelled by him the
same day it was scheduled. Much later, he scheduled zoom calls with the Master Board and a later one
with any residents that were interested. He got an earful!
During that call David Garnmin told us that there would be another expansion later; but was very vague
on the timeline. Further, a VV resident who is a hospital engineer stated that their existing double rooms
(that they now use as singles) could, in the future, be converted to single rooms. The hospital has
provided no info about any additional expansions. They have been purposely vague about that question.
Recently, the unit next door to me was sold to a medical engineer who moved to Golden Valley to teach
and research cancer cures at the "U" with a directed heat process. His unit is identical to mine only
flipped. He has direct unobstructed views of the hospital and parking lot. His realtor lowered the price
twice as potential buyers objected to the views with 24 hour very bright lighting. He bought it for
21,000$ less than the value of our unit. I have planted trees to partially block the same views. The
expansion of the commercial building and parking lot will unquestionably diminish the values of our
homes because all of the expansion is to the east and our complex. Little can be done about this and we
do not expect remuneration; but causes disappointment with the owners.
The other main objections that the owners have expressed to us in large numbers are as follows in order
of priority:
1. Damages to our infrastructure and streets from increased traffic and truck deliveries. Our private
streets were never designed for this kind of heavy traffic 24 hours a day and we have experienced
costs in repairing the same.
2. Smoking is prohibited on the hospital grounds so their smokers walk our streets and hang out by our
pond leaving lunch trash and too many cigarette butts to count. Also trash from smokers in their
cars idling creates exhaust pollution and trash ends up on our property. We have to deal with
discarded masks, gloves and other task on a regular basis.
3. There are two active eagle nests on Sweeney Lake and I have heard nothing of an environmental
study for this Lake including migrating ducks and geese.
4. Noise pollution will only increase
5. With this expansion, the number of employees will increase significantly and we have always had a
problem with their employees speeding in and out and ignoring speed limits and stop signs. This is a
danger to our residents as we have many walkers in our community and a limited number of
sidewalks. In agreement with the city, we built narrow streets with temporary parking on one side
only. The other side is for emergencies of course.
I could list more challenges but, I will defer as you have probably heard them.
What are some solutions?
No Expansion
Sell or keep the property and convert it to a nursing home. It could be profitable without expansion
and I am confident the city would be willing to help them build a new facility in Golden Valley. They
would be an asset to any city and is the only one of its kind in Minnesota.
Fully cooperate with our Master board and agree to resolve all of these issues. It would be very
costly to them, especially the massive landscaping required to eliminate the views. Much of it would
be necessary on our property and we are OK with that. Of course, companies worth billions dislike
spending that kind of money. Thus all the smoke screens, disinformation, disregard for your
neighbors and all leading to a hurried process before the opposition can organize logical solutions.
David Berry
12/14/2020
Dear Gentlemen,
I have been a homeowner in Hidden Lakes for 21 years. I was on the call a couple of weeks ago and
heard how Select Medical would benefit from an expansion of Regency. I did not hear how it would
benefit Hidden Lakes Residents. We are a residential neighborhood and I only see how an expansion of
the hospital would affect us negatively. An exponential increase in traffic, noise, and pollution from staff
and vendors. You have several other hospital locations in the Twin Cities, why don't you use your
resources into expanding one of those hospitals? It seems to make more sense.
I look forward to ongoing discussions to find solutions that work for both your company and our
neighborhood.
Kind regards,
Nancy Alexander
1/25/2021
Name Michael Fox
Email nhkeith@comcast.net
Comments *
Regency Hospital PUD Public Hearing. I have voiced my written communications to the City Council
several weeks ago, most likely you have my email? My question for you and the Commissioners
is......how can one party of a master PUD that consists of 152 homes and 1 hospital (< .5%) have the
full authority to make a PUD amendment that negatively effects 99% of the other PUD parties? Is this
even legal??? Lastly, the point of traffic increase/noise was really missed tonight. They 40% more
traffic means 40% more propane tanker trucks, food trucks, uniform and linen trucks, garbage trucks,
recycling trucks, regulated medical waste trucks, ambulances, medical couriers, etc. And, they start at
3:35am in the morning! I ask that all of you spend an earlier morning observing the volume and noise
of trucks and workers before you make a decision. It is a ridiculous amount at the current occupancy
of the hospital. And, the traffic study % is bull crap, they are 50% or more of the traffic, I know, I live
on the road and watch. Thank you.
1/27/2021
Name Lil Heiland
Email brluni@yahoo.com
Comments *
I attended the meeting Monday and appreciate the thoughtful work you are doing on the hospital
expansion plan. I live next to the parking lot and the knoll area at 4251 Woodland Trail. The knoll
issue is huge for us as with out it I am looking at and listening to the filling of the oxygen tanks, the
garbage pick up, delivery trucks, and other wear house functions. The noise and view would become
an unlivable problem. I spend a great deal of time in the back yard year around. So do many of my
neighbors.
Currently the hospital landscaping plan is only a slight step up from what is done in strip malls. A few
river birch in the lot and surrounding trees and scrubs. They have made no effort to look at the
prairie grasses and native trees and shrubs that would fit in with the area and not need as much
tending or adding enough elevations that would meet our needs.
You have no control over many of these things, I understand. Having lived next to them the plants
they did put in were not tended and many died so my expectations are low. Will that change? The hill
is essential as it provides an all season barrier that will not die of neglect.
Another piece of information that might be helpful is they in no way need that much parking. I have
never seen the lot even close to full. I have never seen any cars in the far lot that is next to the park
fence. They could create a much better barrier without all those parking places.
Please come and look if it would help. I will make coffee. Thanks Lil Heiland
Good afternoon Gentlemen,
My husband and I were on the call Monday evening. I am wondering why my earlier question, "why
don't you expand at other Select Medical sites that fit into their current neighborhood" wasn't
answered. You own several other sites in the Twin Cities and the area where they are located are a
better fit for an expansion, not our residential neighborhood.
Mr. Stricker's comment that you are "modernizing" isn't really true. You are trying to do a major
expansion now and I'm guessing another one in the future. The way you described your design doesn't
make sense to me. Very few patients you house are capable of being wheeled down to a family room for
a chat or to play games with their family. These patients need 24/7 skilled care. Why would you need a
large family room?
Hidden Lakes Parkway was just reconstructed and having large construction vehicles, workers trucks,
and increased staff will increase traffic and harm the parkway as well as our beautiful neighborhood and
our quality of life.
My concern for your expansion has grown exponentially since the meeting Monday night. I look forward
to ongoing discussions to find solutions that work for both our neighborhood and your company.
Sincerely,
Nancy Alexander
1430 Skyline Drive
2/1/2021
Dear Planning Commissioners for the City of Golden Valley,
I have lived in the Hidden Lakes neighborhood for over 20 years. Our single‐family home was the second
to be built along Bridgewater Road.
Although I have heard that several of my neighbors are opposed to the Regency Hospital plan to update
and expand, I am in favor of their project to improve their facility as long as their plans meet all zoning
regulations and requirements of the city. I would also hope that eliminating the nude beach on hospital
property would be in their plans.
Regency Hospital has been a good neighbor to Hidden Lakes and has even allowed us to use
meeting/conference rooms pre‐COVID for some of our Association meetings. The staff, administrators,
and facility have always been welcoming and kind. I feel that Regency is an asset to our community and I
support their project.
Teresa Sit
1455 Bridgewater Road
Golden Valley, MN 55422
2/2/2021
Jarrod: From the outset of the meeting with Regency Hospital representatives, the presentation focused
on their opportunity to implement hospital expansion plans. They asserted that an aggressive timetable
for approval is needed, so that they could take advantage of a particular, but narrow window for
proceeding.
To attest to their Good Neighbor stance, a lengthy description of architecture, materials, landscaping,
water and energy efficiencies, an attractive public face and an enlarged parking lot was offered.
However no mention was made of the impact of the expansion, on the Hidden Lakes community. Good
Neighbor they aren’t. There was no mention of an environmental impact evaluation and plan. Instead,
here are some of what we will be given.
Noise Pollution: Rumbling, banging, clattering, etc. of construction equipment; unending beeping of
backup warnings; general increase in traffic and associated congestion.
Air and Environmental Pollution: vehicle exhaust; copious amounts of construction dust and numerous
kinds of particles suspended in the air; possible physical damage to trees and all manner of current
landscaping; possible ground water contamination if any lines are breached.
Light Pollution: from added parking lot lighting; from vehicle headlights with generally increased traffic;
light emitted from the hospital itself.
Roadway and Curb Damage: Our roadbeds were never constructed to carry the weight, the volume, and
intensity of vehicle flow that will be used. The just repaved Hidden Lakes Parkway will be aged
overnight.
Other Considerations: 1. Will any of us dare think about walking in our neighborhoods, given the
unknown hazards that await us? 2. Where will construction workers park and take breaks? Will there be
a “Biffy” village? 3. How will construction traffic and intersection congestion impact staff and patients
going to Courage Kenny Rehab and Mpls. Neurologic Inst.? If Regency has contacted these medical
facilities, what’s been their response? We need to know this.
If the worst happens and the hospital does expand, what’s next: increased ambulance traffic of course,
ergo, a separate ambulance bay “will be needed” at some point. But with the expansion itself, an
unstoppable new level of degradation will descend on us. A larger facility, by definition, requires more of
everything that is needed now, from personnel to the basics of materials.
ADDENDUM: We presume that the Master Board and other interested parties are or will be examining
the original license granting a 92 bed limit to the hospital. With each ownership change was there a legal
requirement for reapplication for maximum bed occupancy? Was this just grandfathered in? Can the
current push for beds in a facility that has a large number of ICU beds, and single patient per room
occupancy be equivalent to a community hospital with 2‐3 patients per room, some surgical suites, labor
and delivery facilities, and a few ICU beds?
This is a question; we have no specific knowledge base from which to ask this. Maybe it would be a
Pandora’s Box.
By now each household has the story of how the expansion will impact their lives, as do we. [ Our home
and backyard abut Hidden Lakes Pkwy, the one and only way in and out of the Regency Hospital
grounds. ]
To allow this hospital to go forward with its plans is to allow it to permanently alter the lives and
property of each household in the Hidden Lakes Community.
Nina and Anthony DiAngelis
2/3/2021
Jason, please see that the Planning Commission and City Council members get a copy of this letter. I
don’t have all their email addresses.
The signed Hidden Lakes PUD 74 does not limit the amount of hospital rooms or the hospital size. It
doesn’t say how it should be operated. However, under A. Land Use Component, it does call for
“Continued Medical Treatment Use in (an) existing building and related accessory uses in an existing
outbuilding” on Block 6, Lot 6. That is what was agreed to in 1997 in the original PUD 74 signed by
Transitional Hospital Corporation and approved by Golden Valley before Transitional Hospital
Corporation sold the hospital to Regency Hospital Company, a Division of Select Medical. I thought
existing meant just that when we bought our home in PUD 74. I read the documents and agreed to the
consequences of an existing neighboring hospital. I am not an attorney, but I never realized that the
existing building could be expanded by simply amending PUD 74 and effectively removing the words
“existing building”.
Evidently most of the other 150 distraught homeowners feel the same way. PUD 74 was so explicit on
the development for the rest of Hidden Lakes. I thought PUDs were to protect all property owners under
the same PUD and that amendments were not supposed to take away rights of some property owners
for the benefit of others, in this case just one. The expansion affects all homeowners, some considerably
more than others. I was hoping that the city would protect the homeowners by prohibiting the hospital
expansion.
If the city chooses to rule against us, I have a few more thoughts to minimize the damage the expansion
will cause:
The no‐smoking policy of the hospital appears to be forcing staff off hospital property and onto Hidden
Lakes property or public trails paid for and maintained by residents of Hidden Lakes. It would be better if
the hospital designated an outdoor area on their own property for that purpose and/or constructed a
special room within the hospital with separate special ventilation for that purpose. It can be done, and I
as an architect have done that.
One of the topics of discussion was the shortage of parking under GV standards. The hospital insisted
that 2 spaces per bed were adequate. No account was taken for construction worker’s parking, space for
onsite construction equipment, dumpsters, or material storage. Even on an as‐needed basis, there still is
a need for some material storage.
It has been said that the footprint would only be increased by 18,310 SF and the construction would
increase total square footage by 25,400 SF. Allowing for the ambulance and main entry being a part of
the footprint and the total construction area, the plan still calls for substantial amount of open space
under the second floor addition that more area can be built on in the future without increasing the
hospital footprint. Earlier, the hospital said it was for future rooms. If my calculations are correct, I figure
the space is sufficient for at least 18 additional hospital rooms, or fewer rooms and additional accessory
spaces. Either way, it means more visitors, staff, and traffic.
The parking on the proposed plan is at a minimum now at 2 cars per bed. Traffic is proposed to increase
by over 42%, from 578 to 822 according to yesterday’s Star Tribune article. If the open space under the
second floor was built on, it would have an impact on parking and traffic in the future. If the footprint
does not increase in the future, will filling in under the second floor require and additional amendment
to PUD 74 or just a building permit?
If the expansion is approved, an agreement must be made that this expansion is final and no additional
construction or expansion of hospital square footage is permitted and the Amended PUD 74 should also
contain words to that affect so we are protected from future amendments to Amended PUD 74. The
existing hospital agreeing to no more expansion is not enough.
Berms on the newly planned buffer zone should be required to raise the new vegetation to a greater
height. This would benefit homes along Woodland Trail.
Eliminate the islands at the end of the parking rows and use that gained area to provide a raised buffer
for tall evergreen trees along the northern edge where no work is being contemplated. This would
benefit homes on Bridgewater Road and especially on Waterford Drive.
Mention was made of the need for piling. None of the homes in Hidden Lakes, many two stories with
walkout lower levels and poured foundation walls, required piling. Why couldn’t spread footings or
caissons be used instead of piling adding to the construction noise and possible damage to nearby
homes from the vibration sometimes caused by piling?
Mention was made for a six day work week to shorten the construction process. Our own Remodeling
Rules and Regulations limit construction to Monday through Friday. Let us have at least the weekend to
relax from the many construction disturbances starting at 7:00 a.m.. It was said that three months, or 13
weeks of six day weeks, or about 78 days of construction was needed to complete the exterior shell.
Two more weeks of exterior construction will make up for the lost Saturdays and give us at least quiet
construction free weekends.
Paul Pink
3/23/2021
By definition, a PUD is a master plan that allows for some flexibility on the part of the City in exchange
for some public benefit provided by the property owner. The PUD 74 developer provided a public boat
launch, a small public park, a playground, public trails, and common areas in exchange for some City
code flexibility. What public benefit is the hospital proving for the public or the Hidden Lakes
Community for the amendment?
Originally, the hospital met the setback requirements because it owned all the land surrounding the
parking lots. The hospital sold all off its excess land to the developer. PUD 74 separated the hospital site
(Institutional) from the residential (R‐1) property without any setbacks required for the hospital parking.
For the amendment, parking is reduced from 72% of required parking spaces in PUD 74 to 67% as a
result of eliminating parking spaces for the addition and increased parking requirements for staff.
Increased staff and servicing for the increased hospital capacity results in more automobile and truck
traffic, noise, pollution, etc., which has a negative effect on the community and is not of public benefit.
Landscape buffers of 25’ in width are normally required from side property lines. An 8’ ‐9’ Landscape
buffer was proposed along the east property line for the benefit of a two corner homes on Woodland
Trail, but the addition, increased parking demands, and a shrinking parking lot will force drivers that
normally do not extensively use the north‐easterly parking spaces to fill those spaces. A heavily
landscaped raised berm buffer on the north property line would have benefited many homes on west
side of Waterford Drive overlooking the parking lot, and on Bridgewater Road, It would have been a
public benefit, but is not possible because it would further reduce parking below to even what the
hospital says is needed. More cars parking in the north‐east corner of the lot is not of public benefit.
(See attachments)
The clay soil Hidden Lakes is built on is un‐stable and the build‐out of Hidden Lakes had problems.
During the first 15 years of community development, the homeowners endured the construction
disruptions as their neighbors’ homes were built and while problems with the underline soils were being
fixed. Homeowners do not want to endure the construction of a hospital addition with its reported
piling requirement and all the other negative implications of a major construction project.
According to the Planning Commission meeting minutes, the stair towers exceed the height limit, which
indicates the addition may be taller than the existing buildings. The presentations are also not realistic.
The landscape plan indicated 6’ trees on the proposed eastern buffer, but the renderings showed
mature 30’ or taller trees. The emergency entrance/exit at the end of Woodland Trail was removed. It is
necessary in case of a hospital fire or if some reason the roads to the hospital are blocked such as during
road repair. Restoring the exit would remove part of the proposed buffer and remove cars from the
parking lot.
The proposed buffer on the east side of the parking lot for the benefit of few corner homes on Lakeland
Tail is minor compared to the major negative effects on the majority of other homes affected by the
increased noise, traffic, and pollution; possible loss of some property values; and the permanent
disruption of Hidden Lakes Community’s peaceful environment. Approval of the amendment creates
many negative consequences or effects for the Hidden Lakes Community with hardly any benefit. The
proposed amendment to the PUD should not be approved because of the considerable flexibility
required on the part of the City with little public benefit provided by the property owner.
Paul Pink
4/15/2021
The approval Monday night was disappointing. The hospital is finally being forced to do what is right,
and the solutions proposed with respect to noise, traffic, litter, etc., serve the entire Hidden Lakes
Community and residences that have no view of the hospital.
Even with the new lower lighting fixtures, the approval didn’t go far enough with respect to all homes
that have a view of the hospital. The landscaped buffer and the recently added 6’ wall along the eastern
edge of the parking lot will greatly benefit homes along Woodland Trail. A similar buffer on the northern
edge where there is currently zero setbacks should have been a condition of the approval. Jason
Zimmerman said a wall would not do any good because the homes that faced the lot where higher than
the parking lot, but I beg to differ. The two proposed landscaped islands at the beginning of the two
double rows of cars that are perpendicular to the first row would partially hide those cars. A buffer and
a 6’ wall will hide the first row of cars and their headlights. Creating the space for the buffer would only
lose two cars in each of the two perpendicular rows of cars. If necessary, space can be found where the
four lost cars can be added.
The parking area required by code is being reduced from 72% to 67%. Increased staff and visitors mean
more parking spaces are needed. The hospital addition forces more car parking into the northeast
corner of the parking lot. These factors will result in many more cars parking along the northern edge of
the parking lot than currently park there.
There are over a dozen twin-homes on west side of Waterford Drive with windows, porches, and lower
level patios that face the northern edge of the parking lot at varying distances. The attached views are
from the main level of my home, which is located about the center of the block. Some homes on
Bridgewater Road also have views of the parking lot. These homes are as entitled to have their views of
the parking lot screened as do the homes on Woodland Trail.
The northern edge walled buffer and landscaping along with the eastern edge walled buffer and
landscaping will further enhance the public trail provided by the original Hidden Lakes developer and be
a true public benefit provided by the hospital.
The Planning Commission did not make an additional walled buffer a condition of their approval, but in
fairness to the other homes affected by the addition, I sincerely hope that our City Council will make the
additional walled buffer on the northern edge of the parking lot a condition of their approval.
Paul Pink
1405 Waterford Drive
4/26/2021
City Council Members,
I am asking the City Council as a condition of their approval, to add a berm and a 6’ high wall on the
north edge of the parking lot to what the Planning Commission approved for the hospital addition. Not
only will it benefit the views of about a dozen homes on the west side of Waterford Drive and a few
homes on Bridgewater Road, but it would also be of a great public service to the many walkers on the
public trail in exchange for the variations to the city codes necessary for approval of the hospital
addition. They now have to walk past the bumpers of cars parked against the curb with zero setback on
the north property line.
Currently, there a only a few cars parked along the curbs, but with the hospital addition taking up
parking spaces and more car parking necessary for the increased staff, I assume these spaces will be
filled. Most of the agreements reached with the hospital dealt with problems caused by the hospital and
the expansion. The only true public service is the berms, landscaping, and wall. A bench added to the
landscaping would be an added benefit for elderly residents of which I am one. The attached views are
from my living room and bedroom windows on the main level of my home which slightly higher than the
parking lot and in the middle of the block. The views from my lower level windows and patio are about
level with the parking lot. A few homes have trees that block the view, but unfortunately mine and many
others don’t.
I understand that homes on the eastern edge were more vocal because the originally proposed buffer
alone wasn’t doing that much for them, so I assume the wall was added to shield the view of the cars.
When I found out that a 6’ wall was added to the 6’ eastern berm, I thought that by eliminating one car
space in each of the four rows that run parallel to the eastern edge and one space on the eastern edge,
you could move the northern curb of the parking lot 8’ to the south to create room for the wall and a 6’
sod and landscaped buffer that would enhance the public trail, hide the view of cars from some homes
on Waterford Drive and possible a few homes on Bridgewater Road, and be an added public benefit.
Just adding just a wall on the north end of the parking lot without the berm would create a dark tunnel
and a security hazard for people waking there.
Previously, several of my neighbors had drafted a petition to stop the whole approval process. That
petition ultimately wasn’t circulated because of the progress the Board was making, and speculation
that if the hospital addition was stopped, or it sold the property, the results of another development on
the property could be even worse. They stopped being active after the petition was discarded.
Paul Pink
1405 Waterford Drive
1
May 1, 2021
Ladies and Gentlemen of the City Council and the Honorable Mayor Harris:
I am writing to provide an update from prior email sent on December 28, 2020 co -authored by
Ms. Brigitte Stream. In that email and attachment (see below for reference), I outlined several
concerns regarding the proposed Regency expansion. I also cited the current nuisances from
Regency’s existing operation- traffic concerns, inability to contain medical and other waste and
expansion impact in five bullet points.
Today, I am writing to provide an update on subsequent events and residual concerns -
1) On April 12, 2021 the City Planning Commission voted to recommend approval of the
expansion, although there were several concerns noted.
2) In that same meeting, Hidden Lakes Homeowner Association Board presented an agreement
between the association representatives and Regency Hospital. Wherein the Board President
and Vice President make several representations to the Commission and presented an outline
of that agreement.
I am seeking to inform the Council and Mayor of several issues that remain and to clarify
inaccuracies stated in that Planning session-
1) Regency is only the latest owner of this remaining facility. The original complex on what is
known today as Regency Hospital and much of Hidden Lakes Development contained several
facilities- hospital, medical offices and administrative offices. It encompassed the elevated
section of the development which is now exclusively single family and townhome
structures. The existing hospital is the lone remaining facility from that larger medical
complex.
2) The ingress and egress to the hospital is via narrow residential road known as Hidden Lakes
Parkway, currently posted at 20 mph speed limits, likely to change to 25 mph. That road
supports not only residential and employee vehicular traffic, it also must support large
commercial delivery and emergency vehicles (Ambulance and Police). In short, this parkway is
insufficient and inefficient to accommodate the needs of a hospital in its current operating
state, let alone proposed and future expansions. Not to mention the impact on patients who
need emergency transport the nearest full service hospitals, The route is through a winding,
narrow residential road with stop signs and undulations, all delaying the timing for a patient in
need of immediate emergency care. To date a traffic study has not been completed.
3) The agreement between the Homeowner Association and Regency Hospitals, that may or
may not be referenced in this Council Session, is not evidence of Hidden Lakes homeowner
approval of the project. This agreement is a largely unenforceable collection of best efforts
statements wherein Regency, presumably to secure the support of the Homeowner Board
2
agrees to certain items such as landscaping enhancements and Regency’s stated efforts control
employee offsite traffic law violations, trash and commercial vehicular nuisances. This
agreement does not represent the wishes of the majority of individual homeowners as it was
never put to vote of the 152 owners of residential units in this development. It is simply good
faith agreement between a small number of Board Members and Regency Hospital to mitigate
the negative effects of this expansion and is not evidence of expansion approval. In fact,
assumes project approval is a fait accompli.
I am writing to you to consider both the immediate impact of the current expansion and
possible future expansions of this facility. It has been, ever since the original owners of the
medical complex divested the majority of surrounding property to residential development, an
orphan commercial facility in the middle of a large scale residential development. As I’ve
previously stated, no sympathies should be afforded to Regency or the existing homeowners
for the current condition. We all purchased our homes knowing the hospital, as currently
configured, was present and operating. Similarly, Regency purchased and operates the facility
knowing it sits in the middle of a residential neighborhood with poor ingress/egress. In effect,
we each knew of the inherent conflicts between the two parties. That said, this expansion only
makes the current situation worse, not to mention future expansion phases (originally
proposed by Regency) beyond this initiative.
Regency states the current configuration of the facility is not commercially feasible. Frankly,
they should have considered future obsolescence when they purchased the
property. Conversely, I have little sympathy for our fellow homeowners who complain about
present operations. I all knew, or should have known, what we were getting when we
purchased our respective properties. If Regency were thinking more long term and
strategically, they’d relocate their facility to a commercial zone better located to full service
hospitals where their patients can get immediate attention in the event of a medical
emergency, which happens on a frequent basis. I say this as individual whos e residence does
not adjoin the Hospital and will be far less impacted by expansions than many others.
In conclusion, this facility is obsolete and operation is inconsistent with the surrounding
properties. Expanding this facility, and possible additional expansions, will only make a present
not good situation far worse. If Regency were simply remodeling its present facility and
maintaining operations within their present permit levels, I would not object. But it is clear
from their plans- footprint expansion, parking density expansion (already in violation of current
code) and construction type they are setting up additional expansions beyond what is currently
proposed. Ms. Brigitte Stream will be separately addressing the Council and Mayor Harris. We
both remain strongly opposed to this expansion.
I ask you to reject this expansion as proposed and require Regency to operate within their
existing permit capacities for both bed space and parking.
3
Respectfully,
Patrick A Luis
1750 Waterford Court
Golden Valley, MN 55422
Council Members
I wish to point out that if renderings are shown as part of the hospital’s presentation, they may
be grossly misleading. A view of cars parked on the northern edge of the parking lot with zero
setbacks was not shown, or purposely ignored. My request for a wall and buffer on the
northern edge as a condition of your approval was made to screen to screen these cars.
The attached rendering looking south, is a birds eye view overlooking the parking lot, but it
doesn’t show the cars parked on the northern edge. The landscaped islands shown in this
rendering are in back of those cars. A pedestrian’s view on the public tail looking in the same
direction would see the cars parked perpendicular to the northern edge, in a similar manner as
the cars parked on the eastern edge shown on the left of the rendering, but without the benefit
of a landscaped buffer. A 6’ wall, not shown, but currently proposed between the cars and the
landscaping was added after Woodland Trail residents realized that newly planted landscaping
would not block the cars. A wall would block the view of cars parked on the northern edge
from more nearby homes than does the wall on the eastern edge that was approved.
There is only a couple of feet between the front of the cars parked on the northern edge and
the paved public trail. Walkers on the trail would have to look between and beyond the cars to
see these landscaped islands in the attached rendering. These walkers are entitled to a
landscaped buffer adjacent to the trail aa well as walkers on the eastern edge.
Note, also, that the trees shown in the various renderings are mature, not the 2.5” caliber,
balled-in-burlap, specimens called for on the landscaped plan, and that the evergreens shown
are taller than the specified 6’ specimens. The trees on the island in the attachment are
specified to be 6’ tall when planted, not 15’ or more tall as shown. For an understanding of
scale in viewing the renderings, an average car is about 5’ in height and SUV is abou t 6” taller.
Thank you for your consideration.
Paul Pink
4
Dear City Council and Mayor,
We own and live at 4241 Woodland Trail, which is the building next to the Regency Hospital
parking lot. The Regency Hospital expansion plan was presented to the directly-affected
neighborhood late in 2020. This planned expansion came to us as a surprise and
communication about the expansion was late and poorly managed. The overall expansion plan,
as it was presented to the neighborhood and city, lacked many important details. The
expansion requires an amendment to the PUD. To move forward with the amendment,
resolution of issues and details are required. At this stage of the planning, open details
continue to need attention and resolution. The following are some of the open issues we would
appreciate are addressed prior to approval of the expansion .
Questions and Concerns:
Timing/sequencing of Wall and landscaping.
We would prefer the wall be completed in the beginning of the sequencing.
Per email from Jason Zimmerman, city planning manager, the hospital team represents the
following – “It is our intention to begin the construction of the wall at the start of the project in
hope of eliminating some of the visual impact and noise during the construction process.”
Timing/sequencing of Trail closure. Will there be an alternate access?
Trail is important for commuter traffic and park access.
Loss of mature trees is a concern for the environment of the area. See attached photo of the
trees. Losing three Oaks 21”- 30”, five Pines 12”-18”, and four Elms 6”-15” inches in diameter.
These mature trees are 30’ to 60’ in height. Can any of these trees be saved? Replacement trees
– 6’ in height, this is a concern as it will take years to become mature. Are these 6’ trees a true
replacement of the mature trees? Can the replacement trees be taller, 8’ – 10’? Can City
Forester make suggestions on the height and type? Also, the planting plan appears to be open -
ended, depending on availability and season. Can there be clarity on the trees and plantings?
Who is responsible and how will they be accountable for maintaining the new trees and
plantings on the East side of the wall? Will irrigation be installed? If the trees need to be
replaced, who is responsible?
The wall plan is not detailed or complete. What is the design and materials for the fence? Who
will be accountable for the maintenance of the wall? The emergency access opening in the wall
is 45’. Is it possible to reduce the amount of opening? Is it possible for the City Coun cil to work
with the fire chief and suggest types of screens/gates to close off this 45’ opening?
Per discussion with others in the neighborhood, these items are shared concerns among our
neighbors. Since we are so close to Regency Hospital, we feel the above items need to be
addressed to avoid direct negative impact on the value of our homes and the environment in
5
which we live. Thank you in advance for carefully considering these items as you make
decisions on how the hospital moves forward.
We can be reached if you would like to discuss any of the items at 612-859-3568 or,
thewild@me.com.
Sincerely,
Todd and Michelle Wildenauer
6
Shepard Harris, Mayor
Golden Valley City Council Members: Larry Fonnest, Maurice Harris, Gillian Rosenquist,
Kimberly Sandberg
RE: Regency Hospital Expansion
Mayor and Council Members:
The Hidden Lakes community and Regency Hospital have managed to co-exist since the
inception of the neighborhood. There have been highs and lows with each entity that has
owned the hospital. Each homeowner purchased their property understanding the hospital
was part of the environment in their current operating model.
For years, speeding and safety have been ongoing issues and allowing additional hospital staff,
patients and visitors will only exacerbate the problems. At times, ambulances and police
vehicles must travel at excessive speeds to perform their jobs but allowing the expansion only
adds to the issues on the narrow and winding roads. In addition, on several occasions during
inclement weather, I have witnessed passenger and emergency vehicles unable to navigate the
incline of Hidden Lakes Parkway. They slide down the hill creating safety issues for other
vehicles and for ambulances it prevents them from providing emergency medical care when
minutes matter. The speeding and safety problems impact pedestrians, bicyclis ts and wildlife.
I, along with many neighbors, have experienced too many close calls in the crosswalk due to
speeding and failures to obey stop signs along with bicyclists having to hop the curbs to avoid
being hit. Voting for this expansion will only compound the problems.
7
The expansion proposal set forth by Regency Hospital no longer fits the property it resides on.
The current operation has several variances approved or grandfathered in but it does mean
additional variances should be permitted to accommodate the project. The requirements are in
place for a purpose and Regency Hospital should recognize they have outgrown the space for
the proposed expansion.
I respectfully request that you decline the application for expansion by Regency Hosp ital.
Kind regards,
Brigitte Stream
1750 Waterford Court, Golden Valley, MN 55422
April 7, 2021
Dear Hidden Lakes Homeowners:
We would like to thank each one of you for your participation in helping to craft a binding agreement
with Regency Hospital of Minneapolis. Thanks to your input, we developed eight categories for
discussions points that have now become the foundation of an agreement with RHC. This binding
agreement is a first, giving our homeowner’s benefits that did not exist previously.
Our board of directors has unanimously voted to endorse the agreement for Hidden Lakes
Homeowners Association. We encourage you to read through the summary of our agreement with
RHC that we have outlined below, and to become familiar with the benefits that this agreement
provides now and well into the future.
[1] Additional Traffic; Wear and tear, Construction damage; Monuments
• Parkway Expense Reallocation: In anticipation of increased Regency vehicle traffic after the Project
is complete, the Regency share of Parkway-related expenses will materially increase, while the
Association will retain full control of the roadway, as is the case today.
• Construction Damage: Regency will fully remediate any damages to the Parkway that may be
caused by their expansion project, to include external engineering reviews at the start, middle and
end of the project.
[2] Employee behavior; Trash collection; Employee smoking
• Smoking: Regency will construct and maintain a designated smoking area for their staff and
visitors, which will be the only approved campus smoking area. They will also enforce that plan with
signage, rounding by security personnel and staff information/education programs.
• Trash: Regency will install additional trash receptacles in its parking lot, along the public trail and
around the perimeter of its campus, and will check those receptacles at least twice per day for
accumulated trash.
• Park Visitors: The shared fence between Regency and Theo Wirth Park will be repaired and
maintained so as to discourage unauthorized visitors, and signage will be installed in the parking lot
to affirm its private status for patients and visitors.
[3] Speed issues; Failure to stop at posted stop signs; Street noise
• Speeding: The Association and Regency will commit to working together to find creative ways to
limit speeding on the Parkway, and Regency will investigate monitoring options for its staff not
complying with posted stop signs and crosswalks. Regency will also implement an employee
communication and discipline program for staff refusing to comply with posted signs.
• Ambulance Sirens: Regency will continue to work with its ambulance partners to prohibit the use of
sirens as ambulances traverse the Parkway to the hospital.
• Deliveries & Pickups; Large Truck Traffic: With the exception of oxygen deliveries, large truck
deliveries and pick-ups will be limited to the hours of 7am - 8pm daily, starting in May 2021.
• Construction Traffic: Regency will work with its construction partners to ensure they follow posted
speed and caution signs, keep music at respectful volumes, refrain from littering and observe
pedestrian rights-of-way and will actively monitor the Parkway throughout the construction phase to
ensure the same.
[4] Added Landscaping and space buffer between the hospital and the neighborhood
• The Eastern edge of the Regency parking lot will be pulled back toward the facility, removing much
of the current parking row at the edge of the Regency property (across from Woodland Trail).
• The expanded barrier between the edge of Regency parking and the public trail will be be used for
a new space of approx. (25) new trees, along with a row of shrubs.
• A new limestone wall of 6’ height will be constructed on the Regency side of this expanded barrier,
to add further screening of car headlights and light coming from the facility. Note that City Planning is
currently engaging on detailed options for the new wall as well as in tree species selection and other
recommendations, and the final plan is subject to change.
[5] Revised Lighting Plan for the expanded hospital parking lot; Lighting impact of new Day
Room on neighbors
• The City-approved Plan, which meets Dark Sky requirements, will include new parking lot lighting,
Mecco shades and motion timers in the Day Room to limit evening light spillover into the community.
[6] Environmental Study; Water treatment plan
• The City-approved plan will be incorporated by reference in to our agreement
[7] Construction noise; Storage of materials and equipment; Parking during construction;
Construction hours
• Exterior Work Hours: With limited exceptions, exterior work activities such as foundations, concrete
and roofing will occur only Monday through Friday 7:00am to 5:00pm
• Interior Work Hours: With limited exceptions, interior work activities such as plumbing, electrical
and interior walls will occur only Monday through Saturday 7:00am to 5:00pm
• Job Site Parking: Regency will work with its construction partners to ensure that restrictions on
equipment staging, neighborhood parking and work truck identification will be strictly adhered to.
• Issue Escalation: Regency will establish a neighborhood “Hot Line” for issue resolution.
[8] Future Expansion:
• Regency will not expand beyond this proposed footprint or expand beyond this licensed bed count
in the future without agreement of the Hidden Lakes Association.
While we feel that the above agreement terms should reduce (or remediate) a substantial number of
homeowner concerns with Regency’s proposed expansion, which was our goal, we recognize that
they will not fully satisfy every homeowner’s concerns.
Based on our recent progress, and understanding that we need to finalize several open items,
Regency has asked to get back on the Planning Commission agenda for Monday, April 12th. As we
have done throughout this process, we are below sharing the info for that meeting, as well as City
contacts so that you can make your opinions heard directly to City representatives.
Please reach out to Jeff Eisenberg or Scott Booher with any questions, and thanks.
—
Golden Valley City Planning Website:
http://www.goldenvalleymn.gov/boards/planning/index.php
Jason Zimmerman, City Planning Manager: jzimmerman@goldenvalleymn.gov
—
Shep Harris
Mayor of Golden Valley
Council Members, City of Golden Valley:
Larry Fonnest
Maurice Harris
Gillian Rosenquist
Kimberly Sandberg
City Council and Mayor contact info:
http://www.goldenvalleymn.gov/council/members.php
Thank you.
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kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197
MEMORANDUM
To: City of Golden Valley
CC: Regency Hospital
From: Jacob Rojer, P.E.
Alan Catchpool, P.E.
Kimley-Horn and Associates, Inc.
Date: January 13, 2021
Subject: Trip Generation & Roadway Capacity Memo – Regency Hospital Modernization
1300 Hidden Lakes Parkway, Golden Valley, MN
INTRODUCTION
Regency Hospital is proposing a modernization of the existing hospital located on Hidden Lake Parkway
approximately three quarters of a mile east of Minnesota Highway 100 and half a mile south of Golden
Valley Road in Golden Valley, Minnesota. The modernization will increase the building from 87,000 square
feet to 123,600 square feet to improve building efficiencies and stay up with medical technology to serve
the 92 hospital beds.
This memorandum documents the anticipated trip generation of the proposed Regency Hospital
modernization compared to the existing hospital and how this is expected to impact operations along
Hidden Lake Parkway.
TRIP GENERATION COMPARISON
The trip generation for the existing hospital and the proposed modernization was calculated based on the
Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition. For the existing and
proposed modernization, ITE Land Use Code (LUC) 620 (Nursing Home) was used as it more accurately
represents the services available at the Regency Hospital. The trip generation can be calculated using
either the square footage or the number of hospital beds. However, there is a small sample size for the
hospital beds data points, so the square footage metric was used in this analysis as the larger data set
provides more accurate trip generation rates. Table 1 provides the comparison of the existing hospital to
the proposed hospital modernization. The proposed modernization is anticipated to generate 20 additional
trips in the AM peak hour, an additional 22 trips in the PM peak hour, and 244 more daily trips. The total
trip generation for the hospital will be 68 AM peak hour trips, 73 PM peak hour trips, and 822 daily trips.
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kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197
Table 1 – Trip Generation Comparison
Land Use
Description
ITE
Code
Intensity /
Units Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Existing Hospital 620 87,000 Sq.
Ft. 578 37 11 48 21 30 51
Proposed Hospital
Modernization 620 36,600 Sq.
Ft. 244 16 4 20 9 13 22
Total Hospital Trip Generation 822 53 15 68 30 43 73
PLANNING LEVEL ROADWAY CAPACITY
The proposed hospital modernization will maintain the same site access as the existing conditions, with the
one site access at the end of Hidden Lakes Parkway. Hidden Lakes Parkway serves as the only access to
the residential neighborhood and the Regency Hospital. There is not available daily traffic data along
Hidden Lakes Parkway, but the traffic can be estimated based on the number of houses in the neighborhood
and the Hospital trip generation determined in Table 1. Table 2 provides the trip generation of the existing
153 houses in the neighborhood. The neighborhood generates 113 AM peak hour trips, 151 PM peak hour
trips, and 1,446 daily trips.
Table 2 – Neighborhood Trip Generation
Land Use
Description
ITE
Code
Intensity /
Units Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Single-Family
Detached Housing 210 153 Houses 1,446 28 85 113 95 56 151
The Highway Capacity Manual (HCM), 6th Edition provides a Level of Service (LOS) estimate based on
roadway characteristics and the Average Annual Daily Traffic (AADT). LOS ranges from A to F, with LOS
A as the highest (best traffic flow and least delay), LOS E as saturated or at-capacity conditions, and LOS
F as the lowest (oversaturated conditions). Hidden Lakes Parkway is classified as a two-lane undivided
urban roadway, Table 3 shows the expected LOS based on the AADT. Adding the neighborhood daily trips
to the existing hospital daily trips results in daily traffic of around 2,025 vehicles per day (vpd) on Hidden
Lakes Parkway. With the hospital modernization, the daily traffic is expected to increase to around 2,275
vpd. With 2,275 vehicles per day, Hidden Lakes Parkway is expected to operate at LOS B which is well
within the capacity of the roadway. The hospital modernization is not anticipated to have a significant impact
on traffic operations.
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kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651-645-4197
Table 3 – Planning Level Roadway Capacity
Facility Type Planning Level Daily
Capacity Ranges (AADT)
Under Capacity Approaching
Capacity
Over
Capacity
LOS A B C D E F
V/C 0.2 0.4 0.6 0.85 1.0 >1.0
Two-lane undivided
urban 8,000-10,000 2,000 4,000 6,000 8,500 10,000 >10,000
CONCLUSION
The proposed Regency Hospital modernization is anticipated to generate an additional 244 daily trips, 20
AM peak hour trips, and 22 PM peak hour trips. With the proposed modernization the daily traffic on Hidden
Lakes parkway is expected to increase from 2,025 vehicles per day to 2,275 vehicles per day. Hidden Lakes
Parkway is expected to operate at LOS B which is well within the capacity of the roadway. The hospital
modernization is not anticipated to have a significant impact on traffic operations.
12/29/2020
Jason Zimmerman, Planning Manager
City of Golden Valley
7800 Golden Valley Road,
Golden Valley, MN 55427
Re: 1300 Hidden Lakes Parkway, Golden Valley
Dear Mr. Zimmerman:
The Minneapolis Park and Recreation Board (MPRB) has received notice to
amend the current planned unit development (PUD) in order to expand the
existing hospital at the address listed above. This lot fronts public parkland
owned and operated by MPRB. As such, any use of the park property is
subject to permits issued by MPRB.
MPRB does support the development, however, please ensure that the
applicant is aware of the following:
• Should the applicant require temporary use of the parkway including by
trucks or associated MPRB lands during construction, the applicant must
secure a construction permit from Tom Johnson
tjohnson@minneapolisparks.org. Also, please be aware that the use of
parkway by a truck requires a permit from Tom Johnson.
• The applicant should provide a survey of the property line between
private and MPRB property. We would also ask that the applicant clearly
mark this property line during construction, to ensure all parties working on
the site are aware of and respect the adjacent park property, just as would
be the case with adjacent residential lots.
• The applicant should provide adequate erosion protection within the
private prop erty, to ensure no erosion, siltation, or other impact occurs on
park property.
Please be aware that, though MPRB has standard permitting procedures,
permits can take time. The applicant should coordinate in a timely manner
with MPRB staff.
Sincerely,
Siciid Ali,
Park Planner
612 -230-6576
sali@minneapolisparks.org
ORDINANCE NO. 712
AN ORDINANCE AMENDING THE CITY CODE
Approval of Major PUD Amendment
Hidden Lakes P.U.D. No. 74, Amendment No. 8
Regency Hospital of Minneapolis, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 113 entitled “Zoning” is amended in Article III, Division 3,
113-123 by approving a Major PUD Amendment to Planned Unit Development (PUD) No. 74
thereby allowing for an expansion of the existing hospital building and a reconfiguration of the
parking lot.
This PUD is subject to all of the terms of the permit to be issued including, but not
limited to, the following specific conditions:
1. The plans for the Regency Hospital addition, submitted January 13, 2021, and
subsequently updated on March 29, shall become a part of this approval. Required
revisions include:
a. Showing and labeling the access gate and trail along the south property line.
b. Reducing the lighting levels under the second floor addition and under the port
cochère.
c. Working with staff to locate the designated smoking area for employees and
visitors.
d. Indicating the location of trash receptacles in and around the parking lot.
2. Public bicycle racks or similar facilities for a minimum of 11 bicycles shall be provided.
The applicant shall work with staff to appropriately locate the bicycle facilities.
3. The applicant shall provide a snow storage/removal plan that does not reduce the number
of parking stalls nor impact the public trail for staff review and approval prior to City
approval of the PUD Permit.
4. A public walkway easement shall be dedicated over the public trail in the southeast corner
of the site. This trail shall be temporarily rerouted and maintained for public use during
construction.
5. A permanent conservation easement shall be dedicated along the shoreland of Twin
Lake.
6. The applicant shall repair and maintain the fence along the south property line to
discourage cut through foot traffic to Twin Lake.
7. The applicant shall utilize motion sensors on parking lot lighting, and utilize motions
sensors and motorized shades on timers within the day room, in order to reduce
unnecessary illumination and reduce impacts to adjacent properties.
8. The applicant shall install and maintain landscaping adjacent to the public trail on the east
side of the property in accordance with the approved plans on file with the City.
Maintenance shall include all reasonable care, trimming, repairs, and replacement needed
to ensure the landscaping improvements are kept in good condition.
9. With the exception of oxygen deliveries, large truck deliveries and pick-ups shall be
limited to the hours of 7 am to 8 pm daily.
10. The hospital shall be limited to a total of 92 beds. The building footprint shall not be
expanded without the required review and approval by the City.
Ordinance No. 712 -2-
11. The applicant shall work with staff to address questions around the outdoor chemical
storage areas near the southwest corner of the building.
12. Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
13. A stormwater maintenance and chloride management agreement with the City shall be
executed.
14. The applicant shall complete all inspections related to the City’s Inflow and Infiltration
requirements and work with staff to resolve any repairs or improvements necessary.
15. An updated agreement between the hospital and association, addressing reimbursement
procedures and commitments for construction-related damage on Hidden Lakes Parkway
and the reallocation of roadway expenses, shall be provided to the City for review prior to
approval of the PUD Permit.
16. The applicant shall share with the City its plan for management of trash in and around the
parking lot as well as for employee communication around these efforts.
17. The applicant shall address the three conditions outlined by the Minneapolis Park and
Recreation Board in its letter dated December 29, 2020.
18. A development agreement shall be drafted prior to City approval of the PUD Permit and
shall include details on:
a. Permitted days and hours of construction activity.
b. The location and nature of construction parking, access, delivery, staging,
equipment and materials storage, and employee parking.
c. A neighborhood “Hot Line” for issue resolution.
In addition, the Council makes the following findings pursuant to City Code Section 113-123,
Subd. (c)(2):
1. The PUD amendment is tailored to the specific characteristics of the site in that it avoids
impacts to Twin Lake by focusing change to the east side of the property and that the
proposed architecture complements the mid-century modern features of the existing
building.
2. Although the PUD amendment would result in the removal of a handful of existing trees, it
attempts to mitigate these removals through tree replacement and high quality
landscaping. New stormwater treatment would be added to an area in which it is currently
lacking, thereby improving water quality in the Sweeney Lake sub-watershed.
3. The proposed amendment would utilize land efficiently by maximizing the existing license
for hospital beds currently issued for this facility and improving on-site stormwater
treatment.
4. The proposal is consistent with the current use on the site and impacts to the surrounding
residential neighborhood have been minimized through landscaping and lighting controls.
The proposal is consistent with the City’s Comprehensive Plan, which calls for the support
of non-residential growth opportunities and utilizing the PUD process as a way to achieve
zoning flexibility, as well as requiring the use of high-quality, durable materials in new
developments and integrating new developments with existing architectural character.
5. The PUD amendment would improve general health by providing water quality
improvements to the Sweeney Lake sub-watershed, would improve safety by spurring a
Ordinance No. 712 -2-
coordinated education and enforcement effort for vehicles traveling along Hidden Lakes
Parkway, and would improve the welfare by allowing for the modernization of an aging
facility.
6. The creativity and flexibility provided under the PUD section of the Zoning Code allows for
the unique arrangement of uses and parcels within the Hidden Lakes development;
achieves a high quality of site planning, design, landscaping, and building materials; and
the efficient and effective use of land. The PUD amendment meets the Intent and Purpose
provision of the City Code.
Section 2. The tracts of land affected by this ordinance (collectively, the “Properties”)
are legally described as follows:
Lot 6, Block 6, Hidden Lakes P.U.D No. 74. Hennepin County, Minnesota
Section 4. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled
“General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 5. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 4th day of May, 2021.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Theresa Schyma
Theresa Schyma, City Clerk
RESOLUTION NO. 21-32
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 712
AN ORDINANCE AMENDING SECTION 113 OF THE CITY CODE
MODIFYING HIDDEN LAKES P.U.D. NO. 74
WHEREAS, the City has adopted the above referenced amendment of the Golden
Valley City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
the publication of the complete text is not justified.
NOT THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 712
AN ORDINANCE AMENDING THE CITY CODE
Approval of Major PUD Amendment
Hidden Lakes P.U.D. No. 74, Amendment #8
Regency Hospital of Minneapolis, Applicant
This is a summary of the provisions of Ordinance No. 712 which has been approved for
publication by the City Council.
This Ordinance amends Planned Unit Development (PUD) No. 74, allowing for an expansion
of the existing hospital building and a reconfiguration of the parking lot.
A copy of the full text of this Ordinance is available from the City Clerk’s Office.
Adopted by the City Council this 4th day of May, 2021.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Theresa J. Schyma
Theresa J. Schyma, City Clerk
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
4. C. 1. Public Hearing – Future Land Use Map Amendment for a portion of the property at 7001 Golden
Valley Road, Resolution No. 21-33
Prepared By
Myles Campbell, Planner
Summary
Ron Clark Construction is petitioning to amend the City’s Future Land Use Map to guide a portion of the
property located at 7001 Golden Valley Road for Low Density Residential instead of the current guidance
as Parks and Natural Areas. In tandem with this action, the applicant also proposes to rezone this portion
of the property from Institutional (I-4) to Single Family Residential (R-1). Both of these changes are the
first approvals necessary for the site to be able to be utilized for a single-family redevelopment project.
Additionally, the applicant will need to return to both Planning Commission and City Council for
subsequent approvals in order to create a new Planned Unit Development (PUD).
7001 Golden Valley Road is the street address for the
Golden Valley Country Club and Golf Course. Despite
being bisected by Golden Valley Road and a Union
Pacific-owned railroad, the entire Country Club site is
considered a single parcel. Overall, the parcel has a
deeded acreage of 148.76 acres, however this
request is only related to a small portion of the
parcel located in the northwest corner of the site.
The area in question is located at the intersection of
Plymouth and Pennsylvania Avenues, and is
approximately 2.25 acres.
City staff were first approached by the Country Club
in late 2019. The Club had identified areas of its
property which were no longer necessary or relevant
to the Golf Course use, and they wanted to better
understand the approvals necessary in order to sell
these portions of the property for subsequent
redevelopment. This site in the northwest corner of the lot was first marketed to builders and investors
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
in late Spring of 2020, following which, the club selected Ron Clark Construction to partner with on the
redevelopment.
Additional information on the existing site conditions is provided in the attached memo to the Planning
Commission. This Executive Summary will focus on the process of approvals, the findings of staff to
support a potential reguiding of the land, and a brief summary of the discussion at Planning Commission.
Required Process
Unlike in cases where the City is driving a rezoning or land use change, this case has been brought
forward by petition of Ron Clark Construction. In City Code, the site’s current zoning of Institutional Sub-
district I-4 limits the use of the site to parks, city facilities, golf courses, and country clubs. The first step
in any sort of residential redevelopment of the site then is to reguide the future land use to be Low
Density Residential and to rezone the area to R-1 zoning. This, however, would only be the first in a set of
approvals necessary for the project as Ron Clark has laid it out thus far.
Assuming that the City Council supported the reguiding/rezoning of the property, it would then need to
be submitted to the Metropolitan Council for review. The property’s reguiding is considered a change to
the City’s Comprehensive Plan, which triggers the review and approval from the Metropolitan Council. As
such, the City Council’s vote would be to submit the reguiding to Met Council for review, while tabling
the rezoning until that external review was completed.
If both the rezoning and reguiding are approved by both the City and the Metropolitan Council, the area
of the Country Club parcel would be reguided and rezoned. Additional approvals would still be needed
prior to development occurring. Given that the proposed property is still considered part of the Country
Club parcel, a subdivision of the parcel would be the next step towards redevelopment. This could be
done as part of a regular subdivision application or through a PUD approval.
Based on their submitted narrative, and staff’s preliminary discussions with the applicant, it is assumed
that a PUD would be needed for this project. As a new PUD, this would be subject to the City’s updated
PUD ordinance and Public Amenity review system, as well as meeting the PUD findings requirements
related to General Health, Preservation, and consistency with the Comprehensive Plan and the
surrounding area. The creation of PUDs are subject to a two round review procedure, which is detailed
more thoroughly in Sec. 113-123, Sub. (d). A preliminary PUD would be reviewed by both Planning
Commission and City Council, with an associated public hearing at both bodies. The Final PUD Plan would
follow the same pattern, going before both bodies and including public hearings.
Staff Findings
The City Code does not set specific standards for changing a future land use designation, and the City
Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the
request is consistent with the overall direction and vision of the Comprehensive Plan. In making a
determination, the City should make findings as to the compatibility of the use with the surrounding
area, consistency with the Comprehensive Plan, and generally to establish that the decision is not
arbitrary and is reasonably related to the promotion of public health, safety, and welfare.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
3
In terms of compatibility with the surrounding area, the proposed use would not be out of character, as
besides the Country Club itself, the area is an existing single-family residential neighborhood. The change
in use here would not allow for any type of denser housing such as apartments or row houses, and as
such it would be fitting with the existing character of the neighborhood. To further ensure compatibility,
staff’s preference for the site would still be to utilize a PUD to provide some flexibility in the design and
to have greater control over the provision of public amenities, as well as measures designed to reduce
the impact of new construction on neighbors. Based on conversations with the builder, this is the path
they are planning to take should the project move forward.
Regarding the City’s long-term planning, staff found the request to be in line with and related to the
following goals and objectives of the 2040 Comprehensive Plan:
Land Use
1. Goal 2: Minimize Conflicts And Impacts Of Change - Develop a regulatory framework designed
to minimize potential conflicts between land uses
a. Objective 1.2 - Arrange land uses so there are compatible transitions between major land
use types
b. Objective 1.3 - Enforce subdivision regulations to reduce potential impacts to
neighborhood character
2. Goal 3: Promote High Quality Development - Ensure new development meets high construction
and visual quality standards and includes measures of sustainability
a. Objective 2. - Promote visual quality standards in design and material selection for new
development
b. Objective 2.3 - Require significant use of trees and vegetation in all new developments,
whether through preservation or addition
c. Objective 3.1 - Encourage developments to respect their surroundings
d. Objective 4. - Encourage environmentally sustainable “green building” practices
3. Goal 4: Protect The Environment - Encourage environmentally sustainable land use patterns and
development practices that accommodate the City’s social and economic needs
a. Objective 1.2 - Enforce tree and landscape requirements
b. Objective 1.4 - Work with developers to provide permanent open space and park areas in
development plans and to integrate native species
c. Objective 2.1 - Enforce shoreland and wetland regulations to protect water quality
d. Objective 2.3 - Use Planned Unit Developments to allow for flexibility in site design when
needed to preserve vegetation or other sensitive site features or to re-introduce natural
areas
Housing
1. Goal 1: Maintain Housing Quality - Maintain a high-quality living environment, preserve stable
residential neighborhoods, and where necessary, improve of the condition of existing housing
stock in the City
a. Objective 2. - Ensure all new housing meets or exceeds the quality standards established
in City ordinances
2. Goal 2: Expand The Variety Of Housing Options - Expand the variety of housing types and designs
to allow all people a housing choice for all life stages and all economic means
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
4
3. Goal 4: Encourage Environmentally Sustainable Housing - Encourage housing development that
maintains or enhances economic opportunity and community well-being while protecting and
restoring the natural environment
a. Objective 1. - Ensure new housing developments meet or exceed energy efficiency
standards, and implement sustainable design features where possible
Parks and Natural Resources
1. Goal 3: Protect And Enhance Open Spaces And Natural Resources - High-quality natural areas
provide healthy wildlife habitats, nature-oriented recreation, educational experiences, and
enhanced quality of life for residents.
a. Objective 1.2 - Review development proposals for conformance with ordinances
regarding tree preservation, water quality, wetland protection and mitigation, and
shoreland protection
b. Objective 1.3 - Work with developers to provide permanent open space and park areas in
development plans
Additionally, staff suggested the following findings of fact to the Planning Commission in support of the
change in land use/rezoning.
1. The site is currently in an area with other R-1 zoned properties, and would not be out of
character with the surrounding neighborhood.
2. While more work will be needed to determine the safest location for access to the new
residential development, Engineering staff is not concerned about the traffic generated by the
inclusion of new single-family residential in the area.
3. The use of this site for a residential purpose fits with a number of the goals and objectives of the
Comprehensive Plan’s Land Use, Housing, and Parks & Natural Resources chapters.
4. Additionally, in its Housing Chapter, the Comprehensive Plan recognizes the need for new
housing in the City to maintain pace with demand, but notes the lack of available land area for a
relatively built-out city. Rezoning this land and allowing for development would be a path to
providing some new housing in the city.
5. While the focus of rezoning should be on all potential future users under the R-1 zoning
designation, the materials provided by Ron Clark Construction demonstrate both a high quality
end product and an understanding that they are entering an existing neighborhood and an area
with critical natural resources to protect.
Discussion from Planning Commission
The Planning Commission heard both the land use map amendment and rezoning at its October 26th
meeting of this year. For both items, the Planning Commission voted 3-2 to recommend denial of the
requests from the applicant, with one member abstaining due to a professional relationship with the
club and another being absent. Commissioners had a number of questions for staff and the applicant,
primarily regarding the existing natural resources on the site, and how these might be impacted by the
redevelopment. As a public hearing, the meeting had a number of comments from residents, which
also sparked discussion amongst commissioners on the impacts to surrounding properties and on
traffic in the area. Minutes from this meeting are provided with this memo to provide additional details
on the discussion.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
5
Those against the reguiding/rezoning generally had concerns with the loss of trees on the site, and the
replacement of those trees with new homes in an existing neighborhood. Commissioners felt that
approving the change in land use could lead to future requests to replace greenspaces in the City with
new development projects. Some Commissioners also had questions about whether such an action
would be supported by the Comprehensive Plan outside of the Land Use and Housing chapters.
Those Commissioners in support of the reguiding/rezoning noted that the new use would be
compatible with surrounding single family homes, and that it seemed to meet the City’s housing needs
as well as goals from the Comprehensive Plan. A Commissioner noted that they did not have many
details in regard to the project itself yet, and that his preference would be to have this progress to the
PUD stage for a more thorough review of the expected impacts.
Approval of a Future Land Use Plan Map amendment requires an affirmative vote by 2/3 of members of
the City Council. Any proposed Comprehensive Plan amendment must be sent to the Metropolitan
Council for review and comment.
Financial Or Budget Considerations
While not a principal consideration, the change in land use would allow the area to be redeveloped.
This change from vacant land to residential would likely increase its taxable value.
Recommended Action
Motion to adopt Resolution No. 21-33, Amendment to the Future Land Use Map to designate a Portion
of the Property at 7001 Golden Valley Road for Low Density Residential Use
Supporting Documents
• Memo to the Planning Commission dated April 12, 2021 (12 pages)
• Planning Commission Minutes dated April 12, 2021 (12 pages)
• Resolution No. 21-33 Amendment to the Future Land Use Map to designate a Portion of the Property
at 7001 Golden Valley Road for Low Density Residential Use (1 page)
• Concept Plan Packet (15 pages)
1
Date: April 12, 2021
To: Golden Valley Planning Commission
From: Myles Campbell, Planner
Subject: Informal Public Hearing – Future Land Use Map Amendment for
Northwest corner of 7001 Golden Valley Road
Property address: 7001 Golden Valley Road
Applicant: Ron Clark Construction Property owner: Golden Valley Country Club
Zoning District: Institutional (I‐4) Lot size: 2.25 acres
Current use: Golf Course Future land use: Park & Open Space
Adjacent uses: Golf Course (South + East), Residential (North + West)
2018 aerial photo (Hennepin County)
2
Summary of Request
Ron Clark Construction is petitioning to amend the City’s Future Land Use Map to guide a portion of
the property located at 7001 Golden Valley Road for Low Density Residential instead of the current
guidance as Parks and Natural Areas. In tandem with this action, the applicant also proposes to
rezone this portion of the property from Institutional (I‐4) to Single Family Residential (R‐1). Both of
these changes are the first approvals necessary for the site to be able to be utilized for a single‐
family redevelopment project. Additionally, the applicant will need to return to both Planning
Commission and City Council for subsequent approvals in order to create a new Planned Unit
Development (PUD).
Background
7001 Golden Valley Road is the street address for the Golden Valley Country Club and Golf Course.
Despite being bisected by Golden Valley Road and a Union Pacific‐owned railroad, the entire
Country Club site is considered a single parcel. Overall, the parcel has a deeded acreage of 148.76
acres, however this request is only related to a small portion of the parcel located in the northwest
corner of the site. The area in question is located at the intersection of Plymouth and Pennsylvania
Avenues.
City staff were first approached by the Country Club in late 2019. The Club had identified areas of
its property which were no longer necessary or relevant to the Golf Course use, and they wanted to
better understand the approvals necessary in order to sell these portions of the property for
subsequent redevelopment. This site in the northwest corner of the lot was first marketed to
builders and investors in late Spring of 2020, following which, the club selected Ron Clark
Construction to partner with on the redevelopment.
Existing Conditions
The proposed redevelopment area is approximately 2.25 acres in size. As noted previously, the area
itself has not been subdivided from the rest of the property at this time, and as such, has only a
preliminary parcel description describing its
boundaries. A preliminary survey is provided
here, with a full scale copy also being attached
with these memos for Commissioners’ review.
The proposed property would be located on the
Southeast quadrant of the Pennsylvania and
Plymouth Ave intersection. In regard to
adjacent uses, there is the remainder of the
Country Club property to the south and to the
east. To the north and west, the property
would be otherwise surrounded by residential
neighborhoods zoned Single‐Family Residential
(R‐1).
There are currently no structures of any kind
located on this portion of the Country Club
3
property, instead the site is currently heavily
wooded. A formal tree inventory has not yet been
completed for the site, so staff cannot say how
many of these trees would considered significant by
the City’s Tree and Landscape Requirements. A full
tree inventory would be required prior to the
approval of a PUD should this rezoning/reguiding
be approved by the Council. Other environmental
factors to note include the site’s topography and
proximity to Bassett Creek. Based on City GIS
records, the site’s highest elevations can be found
closest to the street intersection in the northwest
corner of the potential parcel, and that elevation
then drops as you move south along Pennsylvania
and East along Plymouth.
The elevation is sufficient such that much of the
site would still sit above the modeled floodway for
Bassett Creek, which is located just to the south of
the development area. Given this proximity, staff is
already anticipating the need for additional review
to be required by the Bassett Creek Watershed
Management Commission – not only for this
approval related to the site’s guided use, but also
for subsequent approvals such as the subdivision of the parcel through the PUD process.
Required Process
Unlike in cases where the City is driving a rezoning or land use change, this case has been brought
forward by petition of Ron Clark Construction. In City Code, the site’s current zoning of Institutional
Sub‐district I‐4 limits the use of the site to parks, city facilities, golf courses, and country clubs. The
first step in any sort of residential redevelopment of the site then is to reguide the future land use
to be Low Density Residential and to rezone the area to R‐1 zoning. This, however, would only be
the first in a set of approvals necessary for the project as Ron Clark has laid it out thus far.
Assuming that the Planning Commission supported the reguiding/rezoning of the property, the
case would then be sent to the City Council for a formal public hearing and vote. The property’s
reguiding, given that it will represent a change to the City’s Comprehensive Plan, would also
require review and approval from the Metropolitan Council. As such, the City Council’s vote would
be to submit the reguiding to Met Council for review, while tabling the rezoning until that external
review was completed.
If both the rezoning and reguiding are approved by both the City and the Metropolitan Council, the
area of the Country Club parcel would be reguided and rezoned. Additional approvals would still be
needed prior to development occurring.
4
Given that the proposed property is still considered part of the Country Club parcel, a subdivision of
the parcel would be the next step towards redevelopment. This could be done as part of a regular
subdivision application or through a PUD approval.
Based on their submitted narrative, and staff’s preliminary discussions with the applicant, it is
assumed that a PUD would be needed for this project. As a new PUD, this would be subject to the
City’s updated PUD ordinance and Public Amenity review system, as well as meeting the PUD
findings requirements related to General Health, Preservation, and consistency with the
Comprehensive Plan and the surrounding area. The creation of PUDs are subject to a two round
review procedure, which is detailed more thoroughly in Sec. 113‐123, Sub. (d). A preliminary PUD
would be reviewed by both Planning Commission and City Council, with an associated public
hearing at both bodies. The Final PUD Plan would follow the same pattern, going before both
bodies and including public hearings.
Neighborhood Notification
The City’s adopted Neighborhood Notification Policy requires a neighborhood meeting be held for
proposals that would change the land use designation of a property from Institutional to any other
use. However, due to the social distancing guidelines established by the State of Minnesota and the
State of Emergency declared by the City Council, this requirement has been altered in the past year
to either involve a virtual meeting or advance mailed notice.
Due to an oversight by staff, the applicant was not notified of this policy and no such additional
mailing was sent to residents, who instead received the typical City hearing notice required by
State statute. Given that the surrounding residential neighborhood may be impacted by any future
redevelopment of this site, staff is recommending that the applicant provide further informal
meeting opportunities moving forward to keep neighboring property owners informed about the
proposal. The Neighborhood Notification Policy would be applied as part of the creation of any
future PUD, at which time more developed site plans and details would be available for review and
comment.
Staff Review
The City Code does not set specific standards for changing a future land use designation, and the
City Council – with the input of the Planning Commission – has a great deal of latitude in deciding if
the request is consistent with the overall direction and vision of the Comprehensive Plan. In making
a determination, the City should take into account the land use descriptions outlined in the
Comprehensive Plan as well as any potential impacts on the character of the area.
For a baseline to this discussion, it is important to understand what both the existing and proposed
land uses entail and the expectations placed on those land uses in the Comprehensive Plan. The
2040 Comprehensive Plan has the following description of the Parks and Natural Areas land use:
This category includes open spaces used as golf courses, ball fields, playgrounds, parks, nature
areas, stormwater ponding areas, and other undeveloped remnants. This does not include vacant
land envisioned for other uses in the future.
5
The Low Density Residential land use is described as follows:
This category includes primarily single‐family detached units but may include single‐family
and two‐family attached units in scattered locations as appropriate. This land use should
be surrounded by other land uses with minimal impacts, such as institutional and open
space.
Both the existing and proposed land use would not be out of place in this part of the City. As
mentioned, surrounding properties are either single‐family residential or part of the golf course
property. It is worth noting that final line in the description of the low density residential use – that
the land use should be surrounded by other land uses such as open space with minimal impacts. If
this property were to be reguided and rezoned, there would still be significant resulting greenspace
and open space in the area, but a significant portion of the vegetation and open space on this site
would be eliminated.
Another important consideration for reguiding and rezoning of the property, is whether the
planning actions makes sense in a broader context of allowing housing, separate from the
proposed designs or plans of the applicant. By rezoning the property to R‐1, and understanding
that a subdivision would need to occur prior to redevelopment, the site could be utilized to support
single‐family type housing at a density rate as described in the Comprehensive Plan (up to 5 units
per acre). Given the site’s topography, tree mitigation requirements, and shoreland proximity, it
may not be feasible to construct that many units on the site without a PUD, but generally speaking,
housing would be an allowed use moving forward. Greater detail on the details of rezoning and
subdivision are provided in the accompanying memo.
In examining the surrounding properties, which are overwhelming single‐family homes, this type of
use does is not out of character. Low density land use would still set clear limitations in regard to
disallowing apartments and other multi‐family properties which might have an outsized impact on
neighboring properties. Staff’s preference for the site would still be to utilize a PUD to provide
some flexibility in the design and to have greater control over the provision of public amenities, as
well as measures designed to reduce the impact of new construction on neighbors. However, this
would depend largely on the builder.
Traffic
Whenever the City is looking at the possibility of additional housing units in an area, a common
question amongst neighbors is the impact it will have upon traffic. Based on the applicant’s current
narrative for the project, rather than having each unit have separate driveway access off of
Pennsylvania or Plymouth Avenues, a new private drive would be located on the lot, limiting the
road access to a single point along one of the two public roadways. Additional design details would
be needed to ensure safe egress from the site, however Engineering staff does not think the
addition of seven units would be unmanageable by either roadway.
Comprehensive Plan Consistency
Finally, staff reviewed the goals and policies of the Comprehensive Plan to help determine if this
reguiding action was following the intent of the City’s central guiding plan. Based on the application
6
materials, staff found the following goals and policies to support the reguiding and re‐use of the
site for housing; however, some of these items will need to be revisited throughout the remaining
approvals and building permit process.
Land Use
1. Goal 2: Minimize Conflicts And Impacts Of Change ‐ Develop a regulatory framework
designed to minimize potential conflicts between land uses
a. Objective 1.2 ‐ Arrange land uses so there are compatible transitions between major
land use types
b. Objective 1.3 ‐ Enforce subdivision regulations to reduce potential impacts to
neighborhood character
2. Goal 3: Promote High Quality Development ‐ Ensure new development meets high
construction and visual quality standards and includes measures of sustainability
a. Objective 2. ‐ Promote visual quality standards in design and material selection for
new development
b. Objective 2.3 ‐ Require significant use of trees and vegetation in all new
developments, whether through preservation or addition
c. Objective 3.1 ‐ Encourage developments to respect their surroundings
d. Objective 4. ‐ Encourage environmentally sustainable “green building” practices
3. Goal 4: Protect The Environment ‐ Encourage environmentally sustainable land use
patterns and development practices that accommodate the City’s social and economic
needs
a. Objective 1.2 ‐ Enforce tree and landscape requirements
b. Objective 1.4 ‐ Work with developers to provide permanent open space and park
areas in development plans and to integrate native species
c. Objective 2.1 ‐ Enforce shoreland and wetland regulations to protect water quality
d. Objective 2.3 ‐ Use Planned Unit Developments to allow for flexibility in site design
when needed to preserve vegetation or other sensitive site features or to re‐
introduce natural areas
Housing
1. Goal 1: Maintain Housing Quality ‐ Maintain a high‐quality living environment, preserve
stable residential neighborhoods, and where necessary, improve of the condition of existing
housing stock in the City
a. Objective 2. ‐ Ensure all new housing meets or exceeds the quality standards
established in City ordinances
2. Goal 4: Encourage Environmentally Sustainable Housing ‐ Encourage housing development
that maintains or enhances economic opportunity and community well‐being while
protecting and restoring the natural environment
a. Objective 1. ‐ Ensure new housing developments meet or exceed energy efficiency
standards, and implement sustainable design features where possible
While not included in the goals and policies section of the Housing Chapter, this section of the
Comprehensive Plan also includes statistics on the projected demand for housing in the City in the
next 20 years. On page 3.17, the Comprehensive Plan notes that there is an existing housing
demand in Golden Valley for 177 new single‐family homes. The challenge here being that there
7
simply is not that type of land available in the City for that number of homes. While we will likely
never have the land available to fully meet the demand of the home market, this project does
represent an opportunity to provide a limited number of new single family homes in the City.
Recommended Action
Based on the findings above, staff recommends approval of the requested amendment to the
Future Land Use Map, changing the guided land use for the proposed parcel as described in the
land survey from Parks & Natural Areas to Low Density Residential.
Attachments:
Preliminary Survey (1 page)
Applicant Narrative (3 pages)
Proposed Parcel Description (1 page)
PENNSYLVANIA AVE NPLYMOUTH AVE
S89°00'09"E 393.84
S0°15'37"E 557.78S20°27'05"W
43.68
S76°47'5
7
"
W
113.56
S27°54'00"W 320.20S0°08'23"E
36.78
S10°46'26"W79.86S37°50'25"W
71.89
S62°50'15"W
63.69AREA: 2.25 ACRES
7500 West 78th Street
Edina, MN
55439
(952) 947-3000
fax (952) 947-3030
Page 1 of 3
Friday, March 12, 2021
Jason Zimmerman
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
RE: Golden Valley Country Club Villas (GVCC Villas)
Land Use & Zoning Applications
Subject: Project Narrative
Introduction
GVCC Villas is a proposed development of an existing vacant parcel located in the NW corner
of the Golden Valley Country Club’s Golf Course to be developed by Ron Clark Construction
and Design.
The overall goal is to balance the existing natural environments while adding new housing to
create a small neighborhood that’s adds to the city and revitalizes an underutilized property. The
first step in this process is to determine if the city agrees that changing the land use and zoning
for this parcel to low density residential is a good use for the property vs it sitting vacant. We
feel strongly that it does by creating new housing on vacant underutilized land, improving water
quality going into Bassett Creek, creating value for the existing area and increasing the tax base.
• Existing Zoning and the Future Land Use designations are Institutional, Sub-district I-4
which includes Golf Courses, Parks and Natural Areas.
• We are proposing a zoning change to R-1 single family zoning and Land Use change to
Low Density Residential, both of which allow up to 5 housing units per acre, which will
allow us to build seven (7) single family Villa Homes on about 2 acres.
Planning
The proposed development plan is for seven (7) single family Villa homes located on a new
private (or public) road within the site. Site access will be from either Pennsylvania or Plymouth
Avenues, we need to continue working with staff and our engineers to determine the best access
point. By utilizing a single access point for the site, it allows the homes to be setback from the
main streets this also allows room for the creation of a new a landscape buffer near the
intersection with many new trees and other vegetation.
The concept site plan is still a work in progress, but we feel the final will be very similar to what
we are showing today. A final version will be part of the subdivision approval which we plan to
submit later this spring if the new Land Use is approved. This small alcove of homes will add to
7500 West 78th Street
Edina, MN
55439
(952) 947-3000
fax (952) 947-3030
Page 2 of 3
the current neighborhood and create value for the existing neighbors by delivering new high-
quality residential homes with views of the golf course to the area.
Parks, Trails and Landscaping
All homes within the development will have direct access to existing city sidewalks and trails
and enjoy beautiful views of the existing Golden Valley Country Club & Golf Course.
The site and new home landscaping will be designed to blend with the current golf course
amenities and trees.
Though replacement tree plantings can never initially make up for the necessary tree removal,
many of the existing tress that will be removed are near the end of their life span, native species
will be selected and placed in an effort toward reforestation for a future healthy habitat. Plant
selections with wetland preservation and enhancement will create an Urban Ecology theme
throughout the development. We have worked with various city’s in the past to create
neighborhoods near sensitive ecological areas with great results for both the residents and
environment. We recently worked closing with the city of Minnetonka to create Legacy Oaks, a
unique neighborhood surrounded by wetlands and natural areas, the final result is beautiful
homes and substantial improvement of wetland functions and water quality along with
improvement of the surrounding natural areas.
Housing and Architecture
The single family Villa homes will be planned and designed to fit into the existing neighborhood
but also will add a new style of housing not currently in the neighborhood. We are planning a
mix of home designs that range between 2700 and 3700 square feet. The home designs will offer
two car-plus garages, sunrooms, porches, and decks with a variety internal floorplans and
exterior styles. The overall architecture is still in the development stage and will be completed
with involvement from the course as to the architectural guidelines but if you look at the
neighborhoods we are currently working on, you will get a feel of the quality the homes, the
varied designs and neighborhood feel we deliver. We also focus on energy efficient building
practices as part of the Minnesota Green Path Builder program.
Associations
A Home Owners Association will be planned for the neighborhood. The association will
maintain the road (if it ends up being private), each homes snow removal and lawn care along
with maintaining any common area landscaping.
7500 West 78th Street
Edina, MN
55439
(952) 947-3000
fax (952) 947-3030
Page 3 of 3
Included in our development application are the below listed documents: (all documents
submitted electronically on 3/12/21)
1) This project description and narrative
2) Planning Application: Future Land Use Amendment
3) Planning Application: Zoning Map Amendment
4) Survey Exhibit & Legal Description
5) Fees: A check for fees totaling $1,500.00 for the above applications is being sent via U.S.
Mail
Conclusion
Ron Clark Construction is honored to have the opportunity to develop this new single-family
Villa neighborhood in Golden Valley in conjunction with the Golden Valley Country Club. We
were selected by the course from a group of application because the course felt we could deliver
a new neighborhood that both the City and the Golf Course would be proud of. We believe our
concept both protects and enhances the existing natural amenities while taking an underutilized
area of the city adding high quality housing, new residents and increased tax base. We are proud
to present this high-quality Ron Clark Construction development concept for your consideration
and look forward to working with the City of Golden Valley through the approval and
construction process.
Mike Waldo
CEO
Mike Roebuck
President
PROPOSED PARCEL DESCRIPTION:
That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 118, Range 21,
Hennepin County, Minnesota, except the north 33.00 feet and the west 33.00 feet thereof, lying
northwesterly of the following described line:
Commencing at the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South
89 degrees 00 minutes 09 seconds East, along the north line of said Northeast Quarter of the Northeast
Quarter, a distance of 439.24 feet to the point of beginning of the line to be described: thence South 20
degrees 27 minutes 05 seconds West a distance of 78.68 feet; thence South 76 degrees 47 minutes 57
seconds West a distance of 113.56 feet; thence South 27 degrees 54 minutes 00 seconds West a
distance of 320.20 feet; thence South 00 degrees 08 minutes 23 seconds East a distance of 36.78 feet;
thence South 10 degrees 46 minutes 26 seconds West a distance of 79.86 feet; thence South 37 degrees
50 minutes 25 seconds West a distance of 71.89 feet; thence South 62 degrees 50 minutes 15 seconds
West a distance of 100.69 feet, more or less, to the west line of said Northeast Quarter of the Northwest
Quarter and there terminating.
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 call‐in 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, Noah Orloff, Lauren
Pockl, Ryan Sadeghi, Chuck Segelbaum
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Gillian Rosenquist
Commissioner Johnson asked when the final items from the 2040 Comprehensive Plan will be
discussed. Jason Zimmerman, Planning Manager, responded that it depends on applications and in
about 2‐3 months the last pieces will come together.
2. Approval of Agenda
Chair Blum asked for a motion to approve the agenda.
MOTION made by Commissioner Brookins, seconded by Commissioner Sadeghi, to approve the
agenda of April 12, 2021. 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 March 22, 2021.
MOTION made by Commissioner Johnson, seconded by Commissioner Brookins, to approve
minutes. Staff called a roll call vote and the motion carried unanimously.
4. Public Hearing – Continued Consideration of a Major Amendment to Hidden Lakes PUD 74
Applicant: Regency Hospital
Address: 1300 Hidden Lakes Parkway, Golden Valley, MN
Jason Zimmerman, Planning Manager, reminded the group that this hearing is a follow‐up from a
previous meeting on January 25th, due to new material. This amendment to PUD 74 would allow for
an expansion of the hospital building and that would lead to necessary utility and landscape changes.
April 12, 2021 – 7 pm
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
2
Zimmerman displayed a map and reviewed the zoning district and location within the City of Golden
Valley.
The previous meeting ended with a list of outstanding concerns and since then, there were
negotiations between the hospital and the HOA Board, revisions were made to the plans:
6’ high solid wall along east edge of parking lot
Additional landscaping
Reduction of seven proposed parking spaces (37 vs. 44)
The updated proposal includes a new private agreement between the HOA and the Hospital Board
that addresses eight areas of concern:
Hidden Lakes Parkway – maintenance and cost issues
Employee smoking and littering
Traffic speeds, stop signs, noise, deliveries, etc.
New parking lot landscaping and wall
Lighting
Stormwater management
Construction activities
Future expansion
This private agreement was approved by the HOA Board and hospital, then shared with residents on
April 7th. This agreement is intended to manage issued outside of the PUD permit.
Zimmerman recapped the details of the PUD amendment regarding the size of the addition, utility
details, the existing entrance, dining/day room on the second floor, and the exterior material details.
To illustrate these details, a map was displayed as well as a 3D rendition of the proposal. The updated
plan recap is:
Parking lot reconfiguration triggered:
o Expand to the south, add 37 parking stalls
o Would remain under the usual required parking ratio
o Knoll and existing trees would be removed
New landscaping/screening added along east edge of parking lot – both low and high
Lighting would respond to the City’s “dark skies” requirements
Stormwater treated/managed through an underground system
Using the trip generation data for nursing homes, traffic engineers estimated that the addition would
generate an estimated 42% increase in trips per day (578 to 822).
Zimmerman reviewed the details surrounding community engagement, public comments, and the
schedule for this item appearing before Planning Commission and the scheduled date it will appear
before City Council.
Staff evaluation and preliminary findings were extensive and resulted in a recommendation for
approval subject to 18 conditions.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
3
Recommendation
Approval of Amendment #8 to Hidden Lakes PUD No. 74, subject to the following conditions:
1. The plans for the Regency Hospital addition, submitted January 13, 2021, and subsequently
updated on March 29, shall become a part of this approval. Required revisions include:
a. Showing and labeling the access gate and trail along the south property line.
b. Reducing lighting levels under second‐floor addition and under the port cochère.
c. Working with staff to locate designated smoking area for employees and visitors.
d. Indicating the location of trash receptacles in and around the parking lot.
2. Public bicycle racks or similar facilities for a minimum of 11 bicycles shall be provided. The
applicant shall work with staff to appropriately locate the bicycle facilities.
3. The applicant shall provide a snow storage/removal plan that does not reduce the number
of parking stalls nor impact the public trail for staff review and approval prior to City
approval of the PUD Permit.
4. A public walkway easement shall be dedicated over the public trail in the southeast corner
of the site. This trail shall be temporarily rerouted and maintained for public use during
construction.
5. A permanent conservation easement shall be dedicated along the shoreland of Twin Lake.
6. The applicant shall repair and maintain the fence along the south property line to
discourage cut through foot traffic to Twin Lake.
7. The applicant shall utilize motion sensors on parking lot lighting, and utilize motions sensors
and motorized shades on timers within the day room, in order to reduce unnecessary
illumination and reduce impacts to adjacent properties.
8. The applicant shall install and maintain landscaping adjacent to the public trail on the east
side of the property in accordance with the approved plans on file with the City.
Maintenance shall include all reasonable care, trimming, repairs, and replacement needed
to ensure the landscaping improvements are kept in good condition.
9. With the exception of oxygen deliveries, large truck deliveries and pick‐ups shall be limited
to the hours of 7 am to 8 pm daily.
10. The hospital shall be limited to a total of 92 beds. The building footprint shall not be
expanded without the required review and approval by the City.
11. The applicant shall work with staff to address questions around the outdoor chemical
storage areas near the southwest corner of the building.
12. Plans must be reviewed and approved by the Bassett Creek Watershed Management
Commission.
13. A stormwater maintenance and chloride management agreement with the City shall be
executed.
14. The applicant shall complete all inspections related to the City’s Inflow and Infiltration
requirements and work with staff to resolve any repairs or improvements necessary.
15. An updated agreement between the hospital and association, addressing reimbursement
procedures and commitments for construction‐related damage on Hidden Lakes Parkway
and the reallocation of roadway expenses, shall be provided to the City for review prior to
approval of the PUD Permit.
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April 12, 2021 – 7 pm
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16. The applicant shall share with the City its plan for management of trash in and around the
parking lot as well as for employee communication around these efforts.
17. The applicant shall address the three conditions outlined by the Minneapolis Park and
Recreation Board in its letter dated December 29, 2020.
18. A development agreement shall be drafted prior to City approval of the PUD Permit and
shall include details on:
a. Permitted days and hours of construction activity.
b. The location and nature of construction parking, access, delivery, staging,
equipment and materials storage, and employee parking.
c. A neighborhood “Hot Line” for issue resolution.
Commissioner Pockl asked how the City insures the private agreements are enforced. Zimmerman
responded that the City stays out of the private agreement between the hospital and the HOA. Any
condition or agreement in the PUD permit has the enforcement of the PUD process. Violations will
be addressed, require corrective actions, and could result in legal action.
With all the conditions and the private agreement, Commissioner Johnson asked if the Planning
Commission has now set itself up as a mediator and straying from its expertise in reviewing parking
etc. He followed up by asking who has precedence, the HOA or the homeowners in the HOA.
Zimmerman responded that staff has not inserted itself in the private agreement but together they
came to the City and asked how it could be enforceable. The HOA will discuss what they intend to do
to enforce their agreement. Johnson followed up that he hopes the Commission stays within its
realm of ability.
Chair Blum invited the Applicant to address the Commission.
Dave Garmin, Applicant ‐ Regency Hospital, stated the private agreement with the HOA was a good
compromise that benefits them and the HOA.
Chair Blum opened the public hearing at 7:40pm.
Jeff Eisenberg, President of HOA, stated staff provided a good presentation and elaborated on a
background between the HOA and the applicant. Discussion between the HOA and Commissioners
included resident input on and responses to the agreement.
Fredda Pink
1405 Waterford Drive
My husband has written quite a bit but my concern is the hospital is planning on doing a piling. I
don’t know how many people are aware of the noise associated with a piling. My son is a real estate
developer and he told us a few days ago that there’s a more expensive style that eliminates the
constant pounding noise and potential damage to our homes. I was wondering if it would be possible
to look into that, it would relieve a lot of tension. There’s also no protection for the people who face
the north end of the hospital, we have a full view of the north end of the building and parking lot.
That hasn’t been addressed either.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
5
Patrick Lewis
1750 Waterford Court
I wanted to clarify a few things from the presentation, there isn’t unanimous HOA Board support for
the agreement and there is a difference between the homeowners and the HOA. I’ll reiterate that
this project will be problematic no matter what, it’s a commercial development in a residential area.
This expansion involves all the mitigations discussed to mask the issue that it’s too big of a build for
this area. The hospital said they don’t have plans to expand but there’s nothing preventing them
from proposing expansions in later years. The main thing I want to state again is that there isn’t an
agreement between homeowners, the HOA Board doesn’t represent the homeowners, and there
isn’t even agreement among the Board.
Ron Schiferl
4220 Woodland Trail
There’s been significant improvement since the last Planning Commission Meeting. The landscaping
plan pictures look great but the actual plan proposed is to limit the trees to 6foot‐that’s exactly as
high as the wall. There needs to be more variation in the plan. I hope the city works with the hospital
to create more variety so it looks like landscaping. Can we add something to ensure the hospital
maintains its landscaping as they have a history of not doing that. The last Planning Commission
meeting there was mention that the hospital reached out to homeowners, they had not before or
after that meeting. All communication has come from the HOA. My understanding is that this plan is
for a two‐story building to allow for expansion on the first floor, if the hospital isn’t planning on any
expansions in the future, why do they still need a two‐story building?
Chair opened Commissioner discussion.
The Chair asked staff to address the pilings question. Zimmerman said his understanding is that
they’re not planning on using pilings but rather do spread footings. He followed up that he’s not sure
how that impacts surrounding properties. A development agreement can address those issues.
Displaying images from the presentation, staff addressed the concerns regarding shielding from the
north end of the building and staff pointed out that most of the homes are on a hill from the hospital
which may create more difficulties. Zimmerman added a condition to the PUD that landscaping must
be maintained and trees will be 6 feet in height to start, not top out at 6 feet.
Chair closed the public hearing at 8:11pm.
Commissioners Johnson asked if the parking spaces exceed minimum amount, why is the City
agreeing to this when they value green space. Staff responded that the minimum amount from the
hospital is their standard amount and they’d prefer more to accommodate staff, training, visitors
etc. Johnson expressed concern on this topic and feels the number of parking spaces is arbitrary.
Commissioner Pockl asked if they can ask the applicant why removal of the knoll is needed.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
6
Alan Catchpool, Applicant Engineer with Kimley‐Horn, stated that public utilities goes through the
site and to the SE corner and the entrance to the parking lot is through the knoll. Those items require
the knoll removal.
Chair Blum noted the dedication of a conservation easement and staff responded that most of twin
lakes has a conservation easement along it and the City would like to continue protecting that area.
This helps prevent erosion and development and the area is not currently developed. Blum asked if
it’s harder to develop on a slope as steep as the one along the hospital to the lake. Zimmerman
responded that it is and was part of the hospital’s original plan but the decided against it. Blum noted
to Commissioners that the area unlikely to be developed and may have less value to be dedicated as
a conservation easement.
Pockl asked the HOA representatives to explain how the HOA Board came to support the private
agreement as a caller noted they hadn’t. Eisenberg, HOA, stated that the Board was updated after
every conversation with the hospital and the Board voted unanimously to support the private
agreement.
Johnson referred to page 10 that the applicant wants to use motion sensors in the parking lot, and
asked if that means the lot will be completely dark. Zimmerman stated the City Code has a minimum
level for how the lot is illuminated.
Blum discussed the building height and setbacks in the proposal. Commissioners had a discussion
revolving around these items, lighting, and the easement. The discussion moved on to property
maintenance, the applicant meeting requirements, and negotiations between applicant, city and
HOA.
Commissioner Segelbaum commended the negotiations and supports staff recommendation.
Commissioner Brookins stated he supports the proposal and staff recommendation. Blum asked for
more mitigating changes. Commissioner Sadeghi asked if the HOA Board mentioned the items
concerning to Blum as they will feel the direct impacts. Eisenberg, HOA, responded that the private
agreement, gives them more rights than they had before. The hospital needs repairs and the
proposal will help that. Pockl said she’s not concerned about the setbacks or height, negotiations
have been productive and the hospital improvements will have a positive impact. Pockl stated
support for staff recommendations. Commissioner Johnson said he tried to consider all parties
involved and doesn’t think an HOA Board has more say than the average resident. He added the
process may need to change in the forward to ensure consideration of everyone’s rights.
MOTION made by Commissioner Brookins, seconded by Commissioner Segelbaum to formally
adopt staff findings and follow staff recommendation for approval subject to the 18 conditions as
listed in the memo.
Chair Blum stated he felt the final approval could be stricter.
2d: Blum suggested the language change to “install and maintain”
16: Blum suggested instead of the plan being shared, that there be more certain language.
Staff took a roll call vote on the motion and it passed unanimously.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
7
5. Public Hearing – Amendments to Future Land Use and Zoning Maps
Applicant: Golden Valley Country Club
Address: Northwest corner of 7001 Golden Valley Road
Prior to presentation, Commissioner Sadaghei recused himself as there was a conflict of interest.
Myles Campbell, Planner, summarized that the applicant is petitioning the City for both a Zoning Map
Amendment and a change to the City’s Future Land Use Plan for a portion of the Golden Valley Country
Club Property. Property is currently zoned I‐4 for Institutional use and the requests would result in the
property being zoned “R‐1, Single Family Residential. Reguiding and Rezoning the property is the first
step to allowing the site to be redeveloped for single‐family housing.
Country Club approached the City in late 2019 about the opportunity to sell a portion of their property
to a private developer. 7001 Golden Valley Road is in total 148.76 acres, the area being considered for
rezoning is 2.25 acres.
Ron Clark Construction (developer) is proposing to use the site for the development of seven single
family homes. The applicant would like to use a new private road to provide access to the homes,
limiting the number of new curb cuts off the public streets, and allowing for additional greenspace
buffers. A PUD would be necessary and the City would require some public benefits and amenities in
order to allow for flexibilities such as the private road. None of these actions can occur without change
to the site’s zoning and guided land use
Campbell discussed the existing conditions of the area, topography, creek location, and showed maps
to illustrate these items.
The approvals process prior to any redevelopment is large, if the rezoning and reguiding are approved,
the applicant must then either apply for a major subdivision or a PUD. A potential approval schedule
was displayed assuming each step was approved without tabling or additional review.
Staff analyzed surrounding uses, traffic generation, buildable lots, and the comprehensive plan.
Staff Findings
The site is currently in an area with other R‐1 zoned properties, and would not be out of
character with the surrounding neighborhood.
More work is needed to determine the safest street access to the new residential
development, but Engineering staff is not concerned about the traffic generated by the
inclusion of new single‐family residential in the area.
The use of this site for a residential purpose fits with a number of the goals and objectives of
the Comprehensive Plan.
In its Housing Chapter, the Comprehensive Plan recognizes the need for new housing in the
City to maintain pace with demand, but notes the lack of available land area for a relatively
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
8
built‐out city. Rezoning this land and allowing for development would be a path to providing
some new housing in the city.
While the focus of rezoning should be on all potential future users under the R‐1 zoning
designation, the narrative provided by Ron Clark Construction demonstrates both a high
quality end product and an understanding that they are entering an existing neighborhood
and an area with critical natural resources to protect.
Recommendation
Staff recommends approval of the requested amendment to the Zoning Map, changing the zoning
designation for the proposed parcel as described in the land survey from Institutional Sub‐district I‐4,
to Single Family Residential R‐1.
Staff recommends approval of the requested amendment to the Future Land Use Map, changing the
guided land use for the proposed parcel as described in the land survey from Parks & Natural Areas to
Low Density Residential.
The discussion started with process explanations and, PUD process, community engagement, and
other input from watershed organizations and Met. Council. Chair Blum commented that it seems
PUDs tend to maximize number of lots which causes concern for him on the size of lots proposed in
this area. Campbell explained that a PUD can allow for more design flexibility, helps the City maintain
wooded areas and greenspace. The City also changed the PUD requirements and new standards are in
place to identify public amenities to be included in a PUD which allows the developer design flexibility.
Campbell added he doesn’t feel a PUD only serves the developer.
Commissioner Pockl asked if consideration for mature vegetation could be added to PUD
requirements. Campbell responded that tree and landscape requirements would be required
regardless of how the lots are established. The conversation moved on to discuss requirements for
vegetation prior to these other approvals, hoping the property owner doesn’t clear cut prior to the
landscaping considerations being in place.
Commissioner Johnson expressed concern that the group is picking at the comp plan and how
affordable and variety of housing is being factored into this plan. Campbell stated that the purchase
agreement for the property may preclude affordable housing policies. However, the mixed‐income
property policy requires new developments over a certain scale, make a percentage of the units
available at a lower income value. In this case, the 7 units, do not meet the requirement for the policy.
There are items in other chapters of the comp plan that can be addressed later in the proposal, at this
point there are not enough details to say if these goals will be met.
Blum stated that the Comp. Plan can be used to argue against the proposal as well and cited the open
green space item.
Pockl asked if the topography of the site limits development. Campbell responded that Engineering
staff didn’t have an initial reaction when reviewing the proposal but details surrounding those specifics
will be reviewed and discussed when this process is further along. Watershed and state agencies will
be included in those conversations.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
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Chair Blum invited the applicant to speak.
Ron Clark Construction, Applicant, has been working with the club for 6‐8 months and they feel
strongly that re‐zoning that area to be R‐1 makes sense. The Club has been focused on making sure
this benefits the City and the golf course and has had a holistic approach to this process. The design
isn’t cookie cutter and the creation of a private road helps appeal from the course and helps the buffer
to the road side.
Chair Blum opened the public hearing at 10:04pm.
Eric Boe
1023 Quebec Ave N
I have lived here since 1993 and I’d like to add that all the homes in the area surrounding it are single‐
family detached homes. I think that’s an important detail. It’s good to hear in the plan they’d like to
use a private road. One thing not mentioned, the four‐way intersection at Pennsylvania and Plymouth
is offset. That creates limited visibility and any additional traffic and parked cars will add to safety
concerns. I don’t want to see parking on this intersection or short driveways like over by Menards, I’d
like to see a sidewalk added to the plan for added safety.
Brent Behn
1300 Kelly Drive
My concerns are regarding the term “low‐density” as it seems 7 large homes will be on a 2‐acre site
and that appears to be fairly dense. This density level doesn’t fit in the community surrounding as the
surrounding lots are bigger. I’m concerned with the rezoning continuing and more land being used for
development in the golf course.
Eric Brandt
7400 Plymouth Ave N
We have a lot of parks in Golden Valley but I can’t think of another, separate 2.2‐acre wooded lot. I
think we’re giving up a unique lot. Living here and looking at the wild‐life, they will all be impacted by
clearing the trees. The private road sounds appealing but I can’t think of a single private road in Golden
Valley that compares. Also, 7 homes on 2.2 acres is dense for this neighborhood and the proposed lot
development would be an outlier.
(Name inaudible)
1205 Pennsylvania Ave
I’m also speaking on behalf of my neighbors. I’ve been privy to the plans and I want to indicate that
I’m speaking a little out of context as I’m aware of the plans shared with golf course members. The
private road is set to be on Pennsylvania Ave, the intersection is offset and congested. Our neighbors
moved from an area near construction because it was impacting their quality of life and found this
neighborhood mature and enjoyed the forest area across the street. The lot with trees is a gem as the
previous caller mentioned. The cost associated with the development, the homes will not be on the
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
10
affordable side and while it may up our property values, it doesn’t seem that it would further Golden
Valley’s objective to increase middle‐income housing.
Chris Lowman
7440 Plymouth Ave
We bought this house due to its location, we look right at the wooded lot. We are afraid the community
that surrounds us will be taken away with this project. Additional traffic on this already busy corner
makes us worried about the decrease in safety. We’re concerned about the lot sizes not matching the
aesthetic of the neighborhood as well. The target market doesn’t seem to align with the market that
wants to live in this neighborhood. My hope is that whatever decision is made, is the best one for the
neighborhood and the city, not the developer.
Commissioner Orloff stated that he feels more information on the ecological impacts will be needed.
Campbell responded that any development will require removal of many trees and details around that
will be navigated if this becomes a PUD.
Commissioner Segelbaum thanked the callers and noted that many items will be addressed as the
project moves forward. However, it seems that City Engineering staff do not think the addition of 7
homes will create unmanageable traffic. At this early stage, is parking or the offset intersection
considered. Campbell responded that traffic volume is a principal concern, the other concerns will be
addressed later as discussions around the private roadway occur.
Brian Gieseke
1337 Kelly Drive
I’d like to echo what I’ve already heard about the intersection, setbacks, the watershed, and traffic.
The road is already narrow and there isn’t a stop sign for a few blocks so vehicle speeds increase.
Parking will be an issue, especially over the winter and I’m concerned for further lot splitting if this
area is zoned residential. The wooded area is special for our neighborhood and I am concerned for it
to disappear.
Blum urged everyone to utilize flexibility at this early stage and consider what’s most appropriate for
the City and neighborhood here while being fair to the applicant. He referenced the 2040
Comprehensive Plan’s guide for open and green spaces. Blum stated he doesn’t support the applicant’s
request. Pockl echoed those comments and said an appeal of Golden Valley are the green spaces and
natural spaces. Pockl stated she doesn’t feel comfortable changing the zoning and land use at this
point.
Lynne Jensen
1039 Pennsylvania
I’ve lived here 30 years and see a lot of wildlife coming from that area, eagles and owls nest in the trees
proposed to be removed. The road to Winnetka on Plymouth is blocked and a lot of traffic is pushed
to Pennsylvania. Traffic is already a problem on this street and particularly during rush hour. Additional
traffic will also dissuade the active cycling community.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
11
Commissioner Johnson echoed Blum and Pockl’s and doesn’t see the benefit of taking the vibrant
wooden greenspace and turning it in to 7 homes. Johnson is not in favor of changing the designation.
Segelbaum followed up by saying the group is looking at seeing if the area is appropriate to convert
from unused golf course space to housing. Caller concerns can be mitigated later in the negotiation
process, it seems like there may already be a traffic issue. The PUD process will present an opportunity
to help the existing areas. Johnson responded that the group has a responsibility to maintain
greenspace. This plan drastically alters the landscape and he feels there will be more harm than good
as a result. Blum responded that if they start the process now, momentum may take over and the
project won’t turn out in the way the Commission intends on. Flexibility may occur now but things may
not always turn out the way we want with that flexibility. Greenspace is valuable and so are lot sizes,
once they’re given up, they’re gone. The group needs to do what it can to preserve those things.
Chair Blum closed the public hearing at 10:45.
Commissioner Brookins stated support for staff recommendation, feeling it’s appropriate for the area.
MOTION made by Commissioner Pockl and seconded by Commissioner Johnson to deny the zoning
designation amendment for the Northwest corner of 7001 Golden Valley Road.
Staff took a roll call vote:
Aye: Johnson, Pockl, Blum
Nay: Brookins, Segelbaum
Motion carries as stated.
MOTION made by Commissioner Pockl and seconded by Commissioner Johnson to deny the land‐use
amendment for the future land‐use map for the Northwest corner of 7001 Golden Valley Road.
Staff took a roll call vote:
Aye: Johnson, Pockl, Blum
Nay: Brookins, Segelbaum
Motion carries as stated.
Televised portion of the meeting concluded at 10:53 pm
6. Council Liaison Report
Council Member Rosenquist provided a brief update on recent Council actions and upcoming
events. The City and the Minneapolis Park Board are close to finalizing a Memorandum of
Understanding regarding public safety/enforcement in Theodore Wirth Park. Three Rivers Park
district is involved regarding trails and bike infrastructure. A late April “call in” session will be
provided for the Police Task Force to receive input from the public. A bill to study Highway 55 Bus
Rapid Transit continues to move through the legislature.
7. Reports on Board of Zoning Appeals and other Meetings
None.
City of Golden Valley Planning Commission Regular Meeting
April 12, 2021 – 7 pm
12
8. Other Business
None.
9. Adjournment
MOTION by Commissioner Pockl to adjourn, seconded by Commissioner Brookins, and approved
unanimously. Meeting adjourned at 11:02 pm.
________________________________
Adam Brookins, Secretary
________________________________
Amie Kolesar, Planning Assistant
RESOLUTION NO. 21-33
RESOLUTION FOR AMENDMENT TO THE
COMPREHENSIVE PLAN’S FUTURE LAND USE PLAN MAP
DESIGNATING A PORTION OF THE PROPERTY AT 7001 GOLDEN VALLEY ROAD TO
LOW DENSITY RESIDENTIAL
WHEREAS, the City Council has met at the time and place specified in a notice duly
published with respect to the subject matter hereof and has heard all interested persons,
and it appearing in the interest of the public that the Future Land Use Plan Map as
heretofore adopted and enacted by the City of Golden Valley be amended; and
WHEREAS, the area affected is legally described as follows:
That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 118,
Range 21, Hennepin County, Minnesota, except the north 33.00 feet and the west 33.00
feet thereof, lying northwesterly of the following described line:
Commencing at the northwest corner of said Northeast Quarter of the Northwest Quarter;
thence South 89 degrees 00 minutes 09 seconds East, along the north line of said
Northeast Quarter of the Northeast Quarter, a distance of 439.24 feet to the point of
beginning of the line to be described: thence South 20 degrees 27 minutes 05 seconds
West a distance of 78.68 feet; thence South 76 degrees 47 minutes 57 seconds West a
distance of 113.56 feet; thence South 27 degrees 54 minutes 00 seconds West a distance
of 320.20 feet; thence South 00 degrees 08 minutes 23 seconds East a distance of 36.78
feet; thence South 10 degrees 46 minutes 26 seconds West a distance of 79.86 feet;
thence South 37 degrees 50 minutes 25 seconds West a distance of 71.89 feet; thence
South 62 degrees 50 minutes 15 seconds West a distance of 100.69 feet, more or less, to
the west line of said Northeast Quarter of the Northwest Quarter and there terminating.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that pursuant to the provision of Sec. 113-28 of the City Code for the City of Golden
Valley, and subject to review and approval by the Metropolitan Council for conformity with
regional systems plan as provided in state law, the Future Land Use Plan Map for the City of
Golden Valley is hereby amended by changing the portion of the property at 7001 Golden
Valley Road to Low Density Residential.
Adopted by the City Council of Golden Valley, Minnesota on this 4th day of May, 2021.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
1Detached Villa example from Legacy Oaks in Minnetonka
Golden Valley Golf Club
Proposed Detached Villa Neighborhood
May 4, 2021
2
Concept site plan
3
Concept site plan with Topo
4
Preliminary
Tree Survey
5
Pictures from our Legacy Oaks Neighborhoods
6
Pictures from our Legacy Oaks Neighborhoods
7
Pictures from our Legacy Oaks Neighborhoods
8
Other Examples
9
Pictures from Various Model homes
in our Legacy Oaks and Trout Run Preserve
Neighborhoods
Stairs down and Foyer
KitchenDining
Study
Great RoomFront of home
10
Pictures from Various Model homes
in our Legacy Oaks and Trout Run Preserve
Neighborhoods
Lower Level Family Room
Laundry –Mud/Craft RoomOwners Suite Bath
Lower Level Bar & Game area
Owners Suite Bath Owners Suite Bedroom
11
Pictures from Various Model homes
in our Legacy Oaks and Trout Run Preserve Neighborhoods
Office Nook
KitchenDining
Owners Suite Bedroom
Great RoomFront of home
12
Pictures from Various Model homes
in our Legacy Oaks and Trout Run Preserve Neighborhoods
Lower Level Family Room
Laundry –Mud RoomOwners Suite Bath
Lower Level Bar & Game area
Owners Suite Bath Front of home
13
Pictures from Various Model homes
in our Legacy Oaks and Trout Run Preserve Neighborhoods
Lower Level Family Room
Laundry –Mud RoomOwners Suite Bath
Lower Level Bar & Game area
Owners Suite Bath Front of home
Example Villa Floor Plans
14
Example Villa Floor Plans
15
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
4. C. 2. Public Hearing – Zoning Map Amendment for a portion of the property at 7001 Golden Valley
Road, Ordinance No. 713
Prepared By
Myles Campbell, Planner
Summary
Ron Clark Construction is petitioning to amend the City’s Future Land Use Map to rezone a portion of the
property located at 7001 Golden Valley Road for Single Family Residential (R-1) instead of the current
zoning of Institutional (I-4). This request complements a proposed change to the Future Land Use Map to
guide the property for Low Density Residential instead of Parks and Natural Areas (see accompanying
memo). Both of these changes are the first approvals necessary for the site to be able to be utilized for a
single-family redevelopment project. Additionally, the applicant will need to return to both Planning
Commission and City Council for subsequent approvals in order to create a new Planned Unit
Development (PUD).
Further details on this request, as well as the request to amend the City’s Future Land Use Map can be
found in the attached memos to the Planning Commission dated April 12th. Further analysis on the
required process of approval and Planning Commission discussion can also be found in the accompanying
Executive Summary covering the change in land use at these sites.
Staff Findings
Generally, staff feels the same findings of fact listed in support of the change in land use apply here to
the rezoning. In both cases the findings should demonstrate that the decision to rezone is not arbitrary,
that it is compatible with surrounding uses, and that the decision is consistent with the goals of the
Comprehensive Plan.
1. The site is currently in an area with other R-1 zoned properties, and would not be out of
character with the surrounding neighborhood.
2. While more work will be needed to determine the safest location for access to the new
residential development, Engineering staff is not concerned about the traffic generated by the
inclusion of new single-family residential in the area.
3. The use of this site for a residential purpose fits with a number of the goals and objectives of the
Comprehensive Plan’s Land Use, Housing, and Parks & Natural Resources chapters.
City Council Regular Meeting Executive Summary
City of Golden Valley
May 4, 2021
2
4. Additionally, in its Housing Chapter, the Comprehensive Plan recognizes the need for new
housing in the City to maintain pace with demand, but notes the lack of available land area for a
relatively built-out city. Rezoning this land and allowing for development would be a path to
providing some new housing in the city.
5. While the focus of rezoning should be on all potential future users under the R-1 zoning
designation, the materials provided by Ron Clark Construction demonstrate both a high quality
end product and an understanding that they are entering an existing neighborhood and an area
with critical natural resources to protect.
Financial Or Budget Considerations
As mentioned in the accompanying memo, the change in land use would allow the area to be
redeveloped. This change from vacant land to residential would likely increasing its taxable value.
Recommended Action
In order to be consistent with the adopted 2040 Comprehensive Plan, the City should wait to act on this
item until the Metropolitan Council has approved the recent Comprehensive Plan amendment reguiding
these properties to Low Density Residential use.
Motion to table the adoption of Ordinance No. 713, Amending the Zoning Map to change the zoning
designation for the proposed parcel as described in the land survey from Institutional Sub-district I-4, to
Single Family Residential R-1, until the change in land use has been reviewed by the Metropolitan
Council.
Supporting Documents
• Memo to the Planning Commission dated April 12, 2021 (6 pages)
• Current Zoning Map (1 page)
• Ordinance No. 713 (1 page)
1
Date: April 12, 2021
To: Golden Valley Planning Commission
From: Myles Campbell, Planner
Subject: Informal Public Hearing – Zoning Map Amendment for
Northwest corner of 7001 Golden Valley Road
Property address: 7001 Golden Valley Road
Applicant: Ron Clark Construction Property owner: Golden Valley Country Club
Zoning District: Institutional (I‐4) Lot size: 2.25 acres (proposed)
Current use: Golf Course Future land use: Park & Open Space
Adjacent uses: Golf Course (South + East), Residential (North + West)
2018 aerial photo (Hennepin County)
2
Summary of Request
Ron Clark Construction is petitioning to rezone a portion of the property at 7001 Golden Valley
Road from Institutional (I‐4) to Single Family Residential (R‐1). In tandem with this action, the
applicant also proposes to amend the City’s Future Land Use Map to guide the site for Low Density
Residential instead of the current guidance as Parks and Natural Areas. Both of these changes are
the first approvals necessary for the site to be able to be utilized for a single‐family redevelopment
project. Additionally, the applicant will need to return to both Planning Commission and City
Council for subsequent approvals in order to create a new Planned Unit Development (PUD).
Background & Existing Conditions
For details on the background of this rezoning request and the existing conditions of the site itself,
please refer to the accompanying memo on the proposed change in guided land use.
Staff Review
The City Code does not set forth specific standards for changing a zoning designation, and the City
Council – with the input of the Planning Commission – has a great deal of latitude in deciding if the
request can be considered to be consistent with the broader zoning map for the City. In making a
determination, the City should take into account the purpose of zoning as outlined in the City Code,
which is “to regulate land use within the City, including the location, size, use, and height of
buildings, the arrangement of buildings on lots, and the density of population within the City for
the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens
of the City.” (Sec. 113‐2)
This rezoning request seeks to change the sites zoning from I‐4, one of the Institutional Sub‐
Districts, to R‐1, our Single‐Family Residential zoning district. The purpose statements for both
districts follow:
Institutional Zoning
The purpose of the Institutional Zoning District is to establish areas where both
public and private institutional uses such as schools, hospitals, parks, golf courses,
nursing homes, and public buildings may be located.
Single Family Residential Zoning
The purpose of the Single‐Family Residential (R‐1) Zoning District is to provide for
detached single‐family dwelling units at a low density along with directly related
and complementary uses.
Allowed Uses
The following principal uses are listed as permitted in the I‐4 Institutional Zoning Sub‐district:
1. Golf courses, country clubs, and polo fields, excepting those carried on as a business such as
miniature golf courses
2. Parks, playgrounds, City offices, fire stations, and other lands incidental to the operation of
the City; and
3. Essential services, Class I.
3
In addition to these four uses, Adult Daycare Centers, Child Care Centers, and Heliports are
permitted in the I‐4 district by conditional use permit.
In the Single‐Family Residential District, allowed uses are focused on residential uses that are
considered low density, or up to 5 units per acre as defined in the Comprehensive Plan. The
following principal uses are listed as permitted in the district:
1. Single‐family dwellings, consistent with the City's Mixed‐Income Housing Policy
2. Residential facilities serving six or fewer persons
3. Foster family homes; and
4. Essential services, Class I.
In addition, residential facilities serving from seven to 25 persons, and group foster family homes
are allowed in the R‐1 district, but only with a conditional use permit.
Both districts have very clearly defined sets of allowed uses, in line with their respective district
purposes. The allowed uses are the most significant consideration with this rezoning, as the
rezoning is the first step in allowing single‐family homes to be developed in this area.
Another important consideration is whether the rezoning is consistent with surrounding uses. Both
institutional and residential uses are considered to have lower external impacts on surrounding
properties, at least compared to industrial and commercial uses. That said, the introduction of new
housing to an area does mean new vehicle trips on local roads, and modification and in some cases
removal of natural amenities.
In this case, the change in zoning to R‐1 is at least consistent with the surrounding residential
properties to the north and west, which are similarly zoned for our least intensive residential
zoning category. The R‐1 designation would not allow for any type of multi‐family housing on this
lot, which eliminates some concerns regarding the site’s impacts on surrounding properties such as
shading concerns that arise with multi‐story apartment buildings or a substantial increase in traffic.
Residential Subdivision
Based on the applicant’s narrative, and early discussions with staff, it is assumed that a PUD would
be needed for this project. This has a number of benefits from the City’s perspective, as it gives a
greater degree of review than a by‐right project and also requires that public benefits and
amenities be provided by the applicant. That said, and similar to our discussion around the change
in land use, it is important to consider the broader context of rezoning this land to residential and
to understand how a project without a PUD could proceed following the rezoning.
Without a PUD, the area being rezoned would still need to be subdivided to be eligible for
redevelopment. For a new residential subdivision, the City has a number of requirements in terms
of what it considers as an eligible lot. At the basic level, the created lots must meet the minimum
buildable requirements as discussed in Sec. 113‐88 Sub. (k).
4
Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a
residential dwelling on any tract of unplatted land which does not conform with the requirements
of this section, except on those lots located within an approved plat. In the R‐1 Zoning District a
platted lot of a minimum area of 10,000 square feet and a minimum width of 80 feet at the front
setback line shall be required for one single‐family dwelling.
To meet the 10,000 sq.ft. lot size minimum, with a minimum lot width of 80 ft., the depth of that
lot would need to be 125 ft. However, additional requirements are included in Sec. 109‐149 of the
Subdivision Code regarding new residential lots.
Corner Lots require an additional 20 ft. of width (100 ft. total)
All lots must maintain their minimum width at the front setback line for an additional 70 ft.
of depth
If the average lot area of the surrounding residential lots within 250 ft. of the property to be
subdivided is greater than 18,000 sq.ft., than the minimum lot area for the lots to be
subdivided must be 15,000 at a minimum
Starting with this last item, staff examined the deeded square footage
for all residential properties within 250 ft. of the proposed property.
30 properties fell within this buffer distance, and the average area of
those lots was 14,936.11 sq. ft., less than the 18,000 sq. ft. that would
have triggered the more substantial minimum lot size for a new
development.
Given this, we can estimate how this property would be subdividable
without a PUD Permit:
Lot Minimum Area Minimum Width Lot Depth at Min. Width
Corner Lot 10,000 100 ft. 105 ft.*
Interior Lot 10,000 80 ft. 125 ft.
*Front Setback for R‐1 is 35’, 70’ additional depth at minimum width is required for new lots,
resulting lot area is actually 10,500 sq. ft.
5
The Survey provided by the applicant is not intended to
be used to prove out the exact number of lots we could
provide on the lot as proposed, it does not provide details
on wetlands or topography that would need to be taken
into account that might impact buildablility in certain
portions of the area. However, it does provide basic
dimensions, such as the frontage along Pennsylvania
being just over 557 feet. Taking into account our slightly
wider corner lot at 100 ft., and the rest being 80 feet in
width, it seems likely to staff that 5‐6 lots fronting on
Pennsylvania could be feasible with some additional lots
potentially feasible depending on the depth and natural
conditions on the southernmost tip of the proposed
property, or if additional lots were provided off of
Plymouth Avenue.
Again, the purpose of this exercise is to show how the
land could be used if it were to be rezoned to residential
zoning. Regardless of whether further approvals are
sought via subdivision or a PUD, the City’s minimum lot requirements, density guidance, and the
physical conditions of the site itself would all play some role in limiting the scale or impact of said
development.
Staff Findings
In this case, the site under discussion is being rezoned to a use that would allow development of
the site with future approvals, but it is a use already present in the surrounding area. New single‐
family homes would not be out of character with the surrounding single‐family neighborhood, and
the would also not conflict with the existing country club use to the southeast. While this means
the rezoning would not be considered “spot zoning,” staff still thinks it is prudent to provide
adequate factual findings in the record to support the decision.
Given staff’s review, and weighing the opportunities and challenges provided by a change in
zoning, the following findings from staff are made in support of rezoning the parcels in question to
a Single‐Family Residential (R‐1) designation:
1. The site is currently in an area with other R‐1 zoned properties, and would not be out of
character with the surrounding neighborhood.
2. While more work will be needed to determine the safest location for access to the new
residential development, Engineering staff is not concerned about the traffic generated by
the inclusion of new single‐family residential in the area.
3. As noted in the accompanying memo on the site’s land use change, the use of this site for a
residential purpose fits with a number of the goals and objectives of the Comprehensive
Plan.
4. Additionally, in its Housing Chapter, the Comprehensive Plan recognizes the need for new
housing in the City to maintain pace with demand, but notes the lack of available land area
6
for a relatively built‐out city. Rezoning this land and allowing for development would be a
path to providing some new housing in the city.
5.While the focus of rezoning should be on all potential future users under the R‐1 zoning
designation, the narrative provided by Ron Clark Construction demonstrates both a high
quality end product and an understanding that they are entering an existing neighborhood
and an area with critical natural resources to protect.
Recommended Action
Based on the findings above, staff recommends approval of the requested amendment to the
Zoning Map, changing the zoning designation for the proposed parcel as described in the land
survey from Institutional Sub‐district I‐4, to Single Family Residential R‐1.
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YosemitePark
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CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL
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City of Golden ValleyPlanning Department7800 Golden Valley RoadGolden Valley, MN 55427-4588763-593-8095www.goldenvalleymn.gov
Official Zoning Map
Zoning Districts
I:\Maps\ZoningMap.pdf
ORDINANCE NO. 271, 2ND SERIES
This is to certify that this is the Official Zoning Map referred to in Section 11.11of the Zoning Chapter of the City Code of the City of Golden Valley.
Approved Amendments: Official Zoning Map
Ordinance Number CommentsCity CouncilAdoption Date
Visit the Planning Department at City Hall for a list of amendments approved since adoption.
Print Date: 9/22/2020Sources: Hennepin County Surveyors Office for Property Lines (2020). City of Golden Valley for all other layers.
0 800 1,600 2,400 3,200400Feet I
Adopted this 22nd day of November 2002.
59
(C) Commercial
(LI) Light Industrial
(I) Industrial
(I-3) Medical: Rest Homes, Nursing
Homes, Sanitariums
(I-4) Golf Courses, Parks, Playgrounds,
City Offices
(I-5) Cemeteries
(O) Office
(I-1) Assembly: Churches, Schools
(I-2) Civic: Libraries, Museums, Colleges
Not Zoned
Planned Unit Development (PUD)
See the "Official Flood Zone Profile and Map" on file with the City - The collection of floodprofiles contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including the Flood Insurance Rate Mapsfor the City of Golden Valley, panels 27053C0194F, 27053C0213F, 27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated November 4, 2016.
Flood Plain Management Zoning
Overlay District
I-394 Overlay Zoning District (A, B, & C)
Shoreland Overlay District
See Section on Shoreland Managementfor setback distance from protected waters.
A
(R-1) Single-Family Residential
(R-4) High Density Residential
(R-3) Medium Density Residential
(R-2) Moderate Density Residential
(MU-N) Mixed Use Neighborhood
(MU-C) Mixed Use Community
(MU-E) Mixed Use Employment
ORDINANCE NO. 713
AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113
Rezoning Certain Portions of the Property at 7001 Golden Valley Road
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55
Subd. (b) by changing the zoning designation of certain tracts of land from Institutional Sub-
District 1 (I-1) to Single Family Residential (R-1).
Section 2. The tracts of land affected by this ordinance are legally described as
follows:
That part of the Northeast Quarter of the Northwest Quarter of Section 32, Township
118, Range 21, Hennepin County, Minnesota, except the north 33.00 feet and the west
33.00 feet thereof, lying northwesterly of the following described line:
Commencing at the northwest corner of said Northeast Quarter of the Northwest
Quarter; thence South 89 degrees 00 minutes 09 seconds East, along the north line of
said Northeast Quarter of the Northeast Quarter, a distance of 439.24 feet to the point
of beginning of the line to be described: thence South 20 degrees 27 minutes 05
seconds West a distance of 78.68 feet; thence South 76 degrees 47 minutes 57
seconds West a distance of 113.56 feet; thence South 27 degrees 54 minutes 00
seconds West a distance of 320.20 feet; thence South 00 degrees 08 minutes 23
seconds East a distance of 36.78 feet; thence South 10 degrees 46 minutes 26
seconds West a distance of 79.86 feet; thence South 37 degrees 50 minutes 25
seconds West a distance of 71.89 feet; thence South 62 degrees 50 minutes 15
seconds West a distance of 100.69 feet, more or less, to the west line of said Northeast
Quarter of the Northwest Quarter and there terminating.
Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8
entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 4th day of May, 2021.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Theresa J. Schyma
Theresa J. Schyma, City Clerk
Golden Valley Council Manager Meeting
May 4, 2021
Agenda Item
6. A. Resolution No. 21-34 Awarding the Sale $3,605,000 General Obligation Improvement Bonds,
Series 2021A Fixing Their Form and Specifications: Directing Their Execution and Delivery; and
Providing for Their Payment.
Prepared By
Sue Virnig, Finance Director
Summary
The proceeds of the $3,605,000 General Obligation Bonds, Series 2021A will finance the street and
driveway projects included in the 2021 Pavement Management Program. City Council approved the
project on December 15, 2020 and assessments public hearing on March 16, 2020. The debt service on
these bonds will be paid from tax levies and special assessments levied against benefitted properties.
A representative from BakerTilly, Inc., will be in attendance at the meeting to present the bid results
that will be received the morning of May 4. Figures will be filled in when final numbers are known from
the bidding process. If the City Council desires to proceed with these bond sales, after reviewing the
bid results, they should adopt the attached resolution.
Financial Or Budget Considerations
Bond proceeds along with special assessments pay for the improvement that coincides with the 2021
PMP. The 2021-2030 Capital Improvement Program (CIP) (S-001) has $3,650,000 for the 2021 PMP.
Recommended Action
Motion to Resolution No. 21-34 Awarding the Sale $3,605,000 General Obligation Improvement Bonds,
Series 2021A Fixing Their Form and Specifications: Directing Their Execution and Delivery; and
Providing for their payment.
Supporting Documents
• Resolution No. 21-34 Awarding the Sale $3,605,000 General Obligation Improvement Bonds,
Series 2021A Fixing Their Form and Specifications: Directing Their Execution and Delivery; and
Providing for their payment (20 pages).
GL135-29-713775.v1
RESOLUTION NO. 21-34
A RESOLUTION AWARDING THE SALE
$3,605,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2021A
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Golden Valley, Hennepin County,
Minnesota (the “City”) as follows:
Section 1. Sale of Bonds.
1.01. Authorization. It is hereby determined that it is necessary and expedient that the
City issue its $3,605,000 General Obligation Improvement Bonds, Series 2021A (the “Bonds”)
pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (the “Act”) to provide
financing for certain assessable public improvements in the City, including without limitation the
City’s 2021 Pavement Management Program (the “Improvements”). The City is authorized by
Minnesota Statutes, Section 475.60, Subdivision 2(9) to negotiate the sale of the Bonds if the City
has retained an independent municipal advisor in connection with such sale. The City has retained
Baker Tilly Municipal Advisors, LLC, in Saint Paul, Minnesota as an independent municipal
advisor in connection with the sale of the Bonds.
1.02. Award to the Purchaser and Interest Rates. The proposal of __________________,
_________, ____________ (the “Purchaser”) to purchase the Bonds of the City described in the
Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby
accepted, the proposal being to purchase the Bonds at a price of $__________ (par amount of
$3,605,000.00, plus a premium of $__________ less an underwriter’s discount of $__________),
for Bonds bearing interest as follows:
Year of
Maturity
Interest
Rate
Year of
Maturity
Interest
Rate
2022 2032
2023 2033
2024 2034
2025 2035
2026 2036
2027 2037
2028 2038
2029 2039
2030 2040
2031 2041
GL135-29-713775.v1
1.03. Purchase Contract. Any amount paid by the Purchaser over the minimum purchase
price shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction
Fund hereinafter created, as determined by the City Finance Director in consultation with the
City’s municipal advisor. The City Finance Director is directed to retain the good faith check of
the Purchaser, pending completion of the sale of the Bonds. The Mayor and City Clerk are
authorized to execute a contract with the Purchaser on behalf of the City, if requested by the
Purchaser.
1.04. Terms and Principal Amount of Bonds. The City will forthwith issue and sell the
Bonds pursuant to the Act in the total principal amount of $3,605,000.00, originally dated the date
of delivery, in fully registered form, in denominations of $5,000 each or any integral multiple
thereof, numbered No. R-1 and upward, bearing interest as above set forth, and maturing serially
on February 1 in the years and amounts as follows:
Year Amount Year Amount
2022 $130,000 2032 $235,000
2023 50,000 2033 185,000
2024 50,000 2034 190,000
2025 50,000 2035 195,000
2026 100,000 2036 200,000
2027 235,000 2037 205,000
2028 230,000 2038 205,000
2029 230,000 2039 210,000
2030 235,000 2040 215,000
2031 235,000 2041 220,000
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
1.05. Optional Redemption. The City may elect on February 1, 2030, and on any day
thereafter to prepay Bonds maturing on or after February 1, 2031. Redemption may be in whole
or in part and if in part, at the option of the City and in such manner as the City will determine. If
less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant’s interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
GL135-29-713775.v1
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated
as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2021,
to the registered owners of record as of the close of business on the 15th day of the immediately
preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer
agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the
rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar will keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the transferor. The
Registrar may, however, close the books for registration of any transfer after the 15th day
of the month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar will authenticate and deliver one or more new Bonds of
a like aggregate principal amount and maturity as requested by the registered owner or the
owner’s attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is at any time registered in the bond register as the absolute owner
GL135-29-713775.v1
of such Bond, whether the Bond is overdue or not, for the purpose of receiving payment
of, or on account of, the principal of and interest on the Bond and for all other purposes
and payments so made to a registered owner or upon the owner’s order will be valid and
effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or
sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for
any tax, fee or other governmental charge required to be paid with respect to the transfer
or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity
in form, substance and amount satisfactory to it and as provided by law, in which both the
City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar
will be cancelled by the Registrar and evidence of such cancellation must be given to the
City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called
for redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
(i) Redemption. In the event any of the Bonds are called for redemption,
written notice thereof identifying the Bonds to be redeemed will be given by the Registrar
by mailing a copy of the redemption notice by first class mail (postage prepaid) at least 30
days prior to the redemption date to the registered owner of each Bond to be redeemed at
the address shown on the registration books kept by the Registrar and by publishing the
notice if required by law. Failure to give notice by publication or by mail to any registered
owner, or any defect therein, will not affect the validity of the proceedings for the
redemption of Bonds. Bonds so called for redemption will cease to bear interest after the
specified redemption date, provided that the funds for the redemption are on deposit with
the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger
or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, the resulting corporation is authorized
to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon 30
days’ notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar must deliver all cash and Bonds in its possession to the successor Registrar and deliver
GL135-29-713775.v1
the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Finance Director must transmit to the Registrar
money sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Finance Director and executed on behalf of the City by the signatures of the
Mayor and the City Clerk, provided that all signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears
on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile
will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained
in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory
for any purpose or entitled to any security or benefit under this Resolution unless and until a
certificate of authentication on the Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on different Bonds need
not be signed by the same representative. The executed certificate of authentication on a Bond is
conclusive evidence that it has been authenticated and delivered under this Resolution. When the
Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver
the same to the Purchaser thereof upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
Section 3. Form of Bond.
3.01. Form of Bond. The Bonds will be printed or typewritten in substantially the form
set forth in Exhibit B attached hereto.
3.02 Approving Legal Opinion. The City Finance Director is authorized and directed to
obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered,
Minneapolis, Minnesota, which will be complete except as to dating thereof and to cause the
opinion to be printed on or accompany each Bond.
Section 4. Payment; Security; Pledges and Covenants.
4.01 Debt Service Fund. For the convenience and proper administration of the moneys
to be borrowed and repaid on the Bonds and to provide adequate and specific security for the
Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be
designated the General Obligation Improvement Bonds, Series 2021A Debt Service Fund (the
“Debt Service Fund”). The Debt Service Fund shall be administered and maintained by the
Finance Director as a bookkeeping account separate and apart from all other funds maintained in
the official financial records of the City. Amounts in the Debt Service Fund are irrevocably
pledged to the Bonds. To the Debt Service Fund hereby created, there is hereby pledged and
irrevocably appropriated and there will be credited: (A) the proceeds of ad valorem taxes herein
or hereafter levied (the “Taxes”), and, subject to 4.02, the special assessments levied against the
property specially benefited by the Improvements (the “Assessments”); (B) capitalized interest
financed from Bond proceeds, if any; (C) the amount over the minimum purchase price paid by
the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with
GL135-29-713775.v1
Section 1.03 hereof; and (D) all investment earnings on funds in the Debt Service Fund; and (E)
any and all other moneys which are properly available and are appropriated by the City Council to
the Debt Service Fund. The Debt Service Fund will be maintained in the manner herein specified
until all of the Bonds and the interest thereon will have been fully paid. There will always be
retained in the Debt Service Fund a sufficient amount to pay the principal of and interest on the
Bonds when due, and the Finance Director will report any current or anticipated deficiency in the
Debt Service Fund to the City Council. If a payment of principal or interest on the Bonds becomes
due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance
Director is directed to pay such principal or interest from other funds of the City, and such fund
will be reimbursed for those advances out of the proceeds of Assessments and Taxes when
collected.
4.02 Construction Fund. The proceeds of the Bonds, less the appropriations made in
Section 4.01, together with the Assessments collected during the construction of the Improvements
and any other funds appropriated for the Improvements will be deposited in a separate construction
fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the
payment of principal and interest on the Bonds prior to the completion and payment of all costs of
the Improvements. Any balance remaining in the Construction Fund after completion of the
Improvements and payment of the costs thereof, may be used to pay the cost in whole or in part of
any other improvement instituted under the Act under the direction of the City Council or may be
used as provided in Minnesota Statutes, section 475.65. Thereafter, the Construction Fund is to
be closed and any remaining balances therein and subsequent collections of Assessments for the
Improvements and any Taxes are to be deposited in the Debt Service Fund.
4.03. City Covenants. The City hereby covenants with the holders from time to time of the
Bonds as follows:
(a) It is hereby determined that the Improvements will directly and indirectly
benefit abutting property and other identified property, and that at least 20% of the costs of
the Improvements to the City will be paid by Assessments. The City has caused or will cause
the Assessments for the Improvements to be promptly levied so that the first installment will
be collectible not later than 2021 and will take all steps necessary to assure prompt collection,
and the levy of the Assessments is hereby authorized. The City Council will cause to be taken
with due diligence all further actions that are required for the construction of each
Improvement financed wholly or partly from the proceeds of the Bonds, and will take all
further actions necessary for the final and valid levy of the Assessments and the appropriation
of any other funds needed to pay the Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in Assessments and Taxes,
the City Council will levy additional ad valorem taxes in the amount of the current or
anticipated deficiency.
(c) The City will keep complete and accurate books and records showing:
receipts and disbursements in connection with the Improvements, Assessments levied therefor
and other funds appropriated for their payment, collections thereof and disbursements
therefrom, monies on hand and, the balance of unpaid Assessments.
GL135-29-713775.v1
(d) The City will cause its books and records to be audited at least annually and
will furnish copies of such audit reports to any interested person upon request.
4.04. Pledge of Tax Levy. For the purpose of paying the principal of and interest on the
Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property
in the City, which will be spread upon the tax rolls and collected with and as part of other general
taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be
in the years (being each year of collection) and amounts as set forth in Exhibit C. The tax levies
will be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City
reserves the right to reduce the levies in the manner and to the extent permitted by Section 475.61,
subdivision 3 of the Act, and the County Auditor will thereupon reduce the levy collectible during
such year by the amount so certified.
4.05. Certification to County Auditor as to Debt Service Fund Amount. It is hereby
determined that the estimated collections of Assessments and the foregoing Taxes will produce at
least 5% in excess of the amount needed to meet when due the principal and interest payments on
the Bonds.
4.06. County Auditor Certificate as to Registration and Tax Levy. The City Clerk is
authorized and directed to file a certified copy of this resolution with the County Auditor of
Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63, that
the Bonds have been entered in their register and the tax levy required by law has been made.
4.07. General Obligation Pledge. For the prompt and full payment of the principal of and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers
of the City will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is
ever insufficient to pay all principal and interest then due on the Bonds and any other bonds
payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the
City which are available for such purpose, and such general fund may be reimbursed with or
without interest from the Debt Service Fund when a sufficient balance is available therein.
Section 5. Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of proceedings and records of the City relating to the Bonds and to the financial condition and
affairs of the City, and such other certificates, affidavits and transcripts as may be required to show
the facts within their knowledge or as shown by the books and records in their custody and under
their control, relating to the validity and marketability of the Bonds, and such instruments,
including any heretofore furnished, may be deemed representations of the City as to the facts stated
therein.
5.02. Certification as to Official Statement. The Mayor, City Manager, City Clerk and
Finance Director, or any of them, are authorized and directed to certify that they have examined
the Official Statement prepared and circulated in connection with the issuance and sale of the
Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date
GL135-29-713775.v1
thereof, a complete and accurate representation of the facts and representations made therein as of
the date of the Official Statement.
5.03. Other Certificates. The Mayor, City Manager, City Clerk and Finance Director, or
any of them, are hereby authorized and directed to furnish to the Purchaser at the closing such
certificates as are required as a condition of sale. Unless litigation shall have been commenced
and be pending questioning the Bonds or the organization of the City or incumbency of its officers,
at the closing the Mayor, City Manager, City Clerk and Finance Director, or any of them, shall
also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation,
and the Finance Director shall also execute and deliver a certificate as to payment for and delivery
of the Bonds.
5.04. Electronic Signatures. The electronic signature of the Mayor, City Clerk, and
Finance Director, or any of them, to this resolution and to any certificate authorized to be executed
hereunder shall be as valid as an original signature of such party and shall be effective to bind the
City thereto. For purposes hereof, (i) “electronic signature” means (a) a manually signed original
signature that is then transmitted by electronic means or (b) a signature obtained through DocuSign
or Adobe or a similarly digitally auditable signature gathering process; and (ii) “transmitted by
electronic means” means sent in the form of a facsimile or sent via the internet as a portable
document format (“pdf”) or other replicating image attached to an electronic mail or internet
message.
Section 6. Tax Covenants.
6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause its
officers, employees or agents to take, all affirmative action within its power that may be necessary
to ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. No Rebate Required.
(a) The City will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Bonds under
Section 103 of the Code, including without limitation requirements relating to temporary
periods for investments, limitations on amounts invested at a yield greater than the yield
on the Bonds, and the rebate of excess investment earnings to the United States, if the
Bonds do not qualify for the small issuer exception to the federal arbitrage rebate
requirements.
(b) For purposes of qualifying for the small-issuer exception to the federal
arbitrage rebate requirements, the City finds, determines and declares that the aggregate
GL135-29-713775.v1
face amount of all tax-exempt bonds (other than private activity bonds) issued by the City
(and all subordinate entities of the City) during the calendar year in which the Bonds are
issued is not reasonably expected to exceed $5,000,000, within the meaning of Section
148(f)(4)(D) of the Code.
6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of
the Bonds or the Improvements financed by the Bonds, or to cause or permit them or any of them
to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the
meaning of Sections 103 and 141 through 150 of the Code.
6.04. Qualified Tax Exempt Obligations. In order to qualify the Bonds as “qualified tax-
exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the
following factual statements and representations:
(a) the Bonds are not “private activity bonds” as defined in Section 141 of the
Code;
(b) the City hereby designates the Bonds as “qualified tax-exempt obligations”
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than any
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2021 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar
year 2021 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten
or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by
the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New
York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all
of the outstanding Bonds will be registered in the registration books kept by the Registrar in the
name of Cede & Co., as nominee of DTC.
7.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying
Agent will have no responsibility or obligation to any broker dealers, banks and other financial
institutions from time to time for which DTC holds Bonds as securities depository (the
GL135-29-713775.v1
“Participants”) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat
and consider the person in whose name each Bond is registered in the registration books kept by
the Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Registrar, and all such payments will be
valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid.
No person other than a registered owner of Bonds, as shown in the registration books kept by the
Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon
delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the words “Cede & Co.,” will refer to such new
nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy
of the same to the Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment
of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds.
Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will
agree to take all action necessary for all representations of the City in the Representation Letter
with respect to the Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the
City and discharging its responsibilities with respect thereto under applicable law. In such event,
if no successor securities depository is appointed, the City will issue and the Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution
to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC’s
Operational Arrangements, as set forth in the Representation Letter.
GL135-29-713775.v1
Section 8. Continuing Disclosure.
8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covenants and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure
of the City to comply with the Continuing Disclosure Certificate will not be considered an event
of default with respect to the Bonds; however any Bondholder may take such actions as may be
necessary and appropriate, including seeking mandate or specific performance by court order, to
cause the City to comply with its obligations under this section.
8.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure
Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City
Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it
may be amended from time to time in accordance with the terms thereof.
Section 9. Defeasance. When the Bonds and all accrued interest thereon, have been
discharged as provided in this section, all pledges, covenants and other rights granted by this
resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of
the City for the prompt and full payment of the principal of and interest on the Bonds will remain in
full force and effect. The City may discharge the Bonds which are due on any date by depositing with
the Registrar on or before that date a sum sufficient for the payment thereof in full or by depositing
irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose,
cash or securities which are backed by the full faith and credit of the United States of America, or any
other security authorized under Minnesota law for such purpose, bearing interest payable at such times
and at such rates and maturing on such dates and in such amounts as shall be required and sufficient,
subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any
interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if
irrevocable provision shall have been made for permitted prior redemption of such principal amount,
at such earlier redemption date). If any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued to the date of such deposit.
The motion for the adoption of the foregoing resolution was duly seconded by Member
_________________________, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
GL135-29-713775.v1
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF GOLDEN VALLEY )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Golden
Valley, Hennepin County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City held
on May 4, 2021 with the original minutes on file in my office and the extract is a full, true and
correct copy of the minutes insofar as they relate to the issuance and sale of $3,605,000 General
Obligation Improvement Bonds, Series 2021A of the City.
WITNESS My hand of the City this fourth day of May , 2021.
City Clerk
Golden Valley, Minnesota
GL135-29-713775.v1
EXHIBIT A
PROPOSALS
GL135-29-713775.v1
EXHIBIT B
FORM OF BOND
No. R-_____ $________
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF GOLDEN VALLEY
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2021A
Rate
Maturity
Date of
Original Issue
CUSIP
February 1,
20__
June __, 2021
Registered Owner: Cede & Co.
The City of Golden Valley, Minnesota, a duly organized and existing municipal
corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and
for value received hereby promises to pay to the Registered Owner specified above or registered
assigns, the principal sum set forth above on the maturity date specified above, unless called for
earlier redemption, with interest thereon from the date hereof at the annual rate specified above
(calculated on the basis of a 360-day year of twelve 30 day months), payable February 1 and
August 1 in each year, commencing August 1, 2021, to the person in whose name this Bond is
registered at the close of business on the 15th day (whether or not a business day) of the
immediately preceding month. The interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United States of America by check or draft
by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer
Agent and Authenticating Agent, or its designated successor under the Resolution described
herein. For the prompt and full payment of such principal and interest as the same respectively
become due, the full faith and credit and taxing powers of the City have been and are hereby
irrevocably pledged.
The City may elect on February 1, 2030, and on any date thereafter to prepay Bonds due
on or after February 1, 2031. Redemption may be in whole or in part and if in part, at the option
of the City and in such manner as the City will determine. If less than all Bonds of a maturity are
called for redemption, the City will notify the Depository Trust Company (“DTC”) of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s
interest in such maturity to be redeemed and each participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
GL135-29-713775.v1
The City Council has designated the issue of Bonds of which this Bond forms a part as a
“qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial
institutions.
This Bond is one of an issue in the aggregate principal amount of $3,605,000 all of like
original issue date and tenor, except as to number, denomination, maturity date, redemption
privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on May
4, 2021 (the “Resolution”), for the purpose of providing money to finance the construction of
various public improvement projects within the City, pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and
475, and the principal hereof and interest hereon are payable from special assessments levied
against property specially benefited by local improvements and from ad valorem taxes, as set forth
in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond
and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property,
in the City in the event of any deficiency in special assessments, and ad valorem taxes pledged,
which taxes may be levied without limitation as to rate or amount. The Bonds of this series are
issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof
of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender
hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by
the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the City will cause a new
Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate
principal amount, bearing interest at the same rate and maturing on the same date, subject to
reimbursement for any tax, fee or governmental charge required to be paid with respect to such
transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution, and laws of the State of Minnesota, to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required, and that the issuance of
this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory
limitation of indebtedness.
GL135-29-713775.v1
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Golden Valley, Hennepin County, Minnesota, by
its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set
forth below.
Dated: , 2021
CITY OF GOLDEN VALLEY, MINNESOTA
City Clerk Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIATION
By
Its Authorized Representative
_________________________________
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________
in common (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or
by entireties Transfers to Minors
JT TEN -- as joint tenants with
right of survivorship and Act . . . . . . . . . . . .
not as tenants in common (State)
GL135-29-713775.v1
Additional abbreviations may also be used though not in the above list.
________________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________________________________________ the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint _________________________ attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice: The assignor’s signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion
Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”)
or other such “signature guarantee program” as may be determined by the Registrar in addition to,
or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act
of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond
is held by joint account.)
Please insert social security or other
identifying number of assignee
GL135-29-713775.v1
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on
the books of the Registrar in the name of the person last noted below.
Date of Registration Registered Owner Signature of Registrar
______________, 2021
Cede & Co.
Federal ID #13-2555119
_____________________
GL135-29-713775.v1
EXHIBIT C
Tax Levy
GL135-29-713775.v1
STATE OF MINNESOTA COUNTY AUDITOR’S
CERTIFICATE AS TO
COUNTY OF HENNEPIN TAX LEVY AND
REGISTRATION
I, the undersigned County Auditor of Hennepin County, Minnesota, hereby certify that a
certified copy of a resolution adopted by the City Council of the City of Golden Valley, Minnesota,
on May 4, 2021, levying taxes for the payment of its $3,605,000 General Obligation Improvement
Bonds, Series 2021A, of said municipality June 3, 2021, has been filed in my office and said bonds
have been registered on the register of obligations in my office and that such tax has been levied
as required by law.
WITNESS My hand and official seal this _____ day of _________________, 2021.
County Auditor
Hennepin County, Minnesota
Deputy
Golden Valley City Council Meeting
May 4, 2021
Agenda Item
6. B. Second Consideration of Ordinance No. 711, Amending City Code Chapter 8, Relating to
Emergency Management and Adopt Resolution No. 21-35 Approving Summary Publication of
Ordinance No. 711
Prepared By
Maria Cisneros, City Attorney
Summary
The events of this past year have caused staff to research various methods to address emergency
situations in the most efficient and judicious manner possible. Currently, the City Manager manages
regulatory changes required to address day-to-day issues related to existing local emergencies through
Emergency Administrative Actions. This process was created at the beginning of the COVID-19
pandemic because City Code does not contain an emergency management process. The proposed
ordinance would prepare the City to adequately deal with potential emergencies, it would ensure the
City complies with provisions of Minn. Stat. § 12.25, which requires all cities to establish a local
organization for emergency management, would give the Mayor the ability to create emergency
regulations when required, and will create a more efficient and expeditious process during an
emergency.
After discussion at the first reading of the ordinance on April 20, unnecessary language regarding types
of disasters was removed in Section 8-1 – Policy and Purpose. Furthermore, staff clarified that the
powers extended to the Mayor, City Council, and City Manager under the proposed ordinance are
created by state statute.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt second consideration of Ordinance No. 711 Amending City Code Chapter 8, Relating
to Emergency Management
Motion to adopt Resolution No. 21-35, Approving Summary Publication of Ordinance No. 711.
Supporting Documents
• Ordinance No. 711, Amending City Code Chapter 8, Relating to Emergency Management (5 pages)
• Resolution No. 21-35, Approving Summary Publication of Ordinance No. 711 (1 page)
ORDINANCE NO. 711
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 8 OF THE CITY CODE RELATED TO
EMERGENCY MANAGEMENT
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 8 is renamed “Emergency Management and
Services”.
Section 2. City Code Chapter 8, Article I, is repealed, replaced, renamed, and
shall read as follows:
ARTICLE I. – EMERGENCY MANAGEMENT
Sec. 8-1. – Policy and Purpose.
The City Council determines that the city of Golden Valley should be prepared to
adequately deal with potential emergencies and disasters. In addition, the City
should generally provide for the common defense, preserve the lives and
property of the people of the City, and protect the public peace, health, safety,
and general welfare. To accomplish these goals, the City Council determines
that it is appropriate and necessary to:
(a) establish a city emergency management organization responsible for
planning and preparation for emergency government operations in time of
disasters;
(b) provide for the exercise of necessary powers during emergencies and
disasters;
(c) provide for the rendering of mutual aid between this city and other political
subdivisions of this state and of other states with respect to the carrying
out of emergency preparedness functions; and
(d) comply with provisions of Minn. Stat. chapter 12, § 12.25, which requires
each political subdivision of Minnesota to establish a local organization for
emergency management.
Sec. 8-2. – Definitions.
Except as otherwise defined herein, or where the context clearly indicates a
contrary intent, the words and terms defined in Minnesota Statutes, chapter 12,
shall be applicable to this Chapter.
Sec. 8-3. – Establishment of Emergency Management Organization.
The City Council shall designate a department to be the emergency management
organization for the City. The Mayor shall appoint the emergency management
director, who will have responsibility for the organization, administration and
operation of the emergency management organization, subject to the direction
and control of the City Manager.
Sec. 8-4. – Powers and Duties of the Director.
(a) The director, with the consent of the City Manager, may represent the City
at regional or state conferences for emergency management. The director
shall recommend to the City Council proposed mutual aid agreements with
other political subdivisions for reciprocal assistance in an emergency too
great to be handled unassisted. These agreements will be consistent with
the state comprehensive emergency plan.
(b) The director shall make studies and surveys of the personnel, industries,
resources and facilities of the City as deemed necessary to determine
their adequacy for emergency management and to plan for their most
efficient use in time of an emergency or disaster.
(c) The director shall prepare a comprehensive emergency plan for the
emergency preparedness of the City and will present this plan to the City
Council for approval. When the Council has approved the plan, it will be
the duty of all departments and all emergency preparedness forces of the
City to perform the duties and functions assigned by the approved
plan. The plan may be modified in the same manner. The director will
coordinate the emergency management activities of the City so that they
are fully integrated with the emergency plan of the federal government and
the state and correlated with emergency plans of other political
subdivisions within the state.
(d) In accordance with the state and county emergency plan, the director will
institute and conduct training programs, public information programs,
practice warning alerts, and emergency exercises as appropriate to
ensure prompt and effective operation of the city emergency plan when a
disaster occurs.
(e) The director will use the personnel, services, equipment, supplies and
facilities of existing departments and agencies of the City to the maximum
extent practicable. The officers and personnel of those departments and
agencies will, to the maximum extent practicable, cooperate with and
extend services and facilities to the director. The director will include the
head of each department in the planning and programming of emergency
activities that will involve the use of that department’s resources.
(f) The director will, in cooperation with other departments and agencies
affected, assist in the organizing, recruiting and training of emergency
management personnel that may be required to carry out the emergency
plans of the city and state. If personnel are recruited to augment a regular
department for emergencies, they will be assigned to, and under the
administration and control of, that department.
(g) Consistent with state law, the director will coordinate the activity of
emergency management services and assist in establishing and
conducting training programs as appropriate to ensure emergency
operational capability.
(h) The director will carry out all lawful orders and regulations issued
regarding emergency management. The director, with the consent of the
City Manager, may issue directives to effectuate these orders and
regulations.
(i) The director shall act as advisor and coordinator to the City Manager and
be responsible for emergency operations during an emergency, unless
those duties are otherwise assigned. The director shall ensure
coordination among the operating departments, non-governmental groups,
and other governmental agencies.
(j) The director shall prepare and submit reports on emergency preparedness
activities as may be requested by the City Council.
Sec. 8-5. – Cooperation of City Officials, Departments.
Every officer and agency of the City shall cooperate with federal and state
authorities and with authorized agencies engaged in emergency measures to
the fullest possible extent consistent with the performance of their other duties.
The provisions of this chapter and of all regulations made hereunder shall be
subject to all applicable and controlling provisions of federal and state laws and
of regulations and orders issued thereunder, and shall be deemed to be
suspended and inoperative so far as there is any conflict therewith.
Sec. 8-6. – Declaration of Emergency.
(a) A local emergency may be declared only by written order or proclamation
of the Mayor or their legal successor. It shall not be continued for a
period in excess of three (3) days except by or with the consent of the
City Council. Any order or proclamation declaring, continuing, or
terminating a local emergency shall be given prompt and general
publicity and shall be filed promptly by the City Clerk.
(b) A declaration of a local emergency may invoke necessary portions of
the response and recovery aspects of applicable disaster plans, and
may authorize assistance under those plans.
(c) During any such emergency the mayor shall have the further authority
to impose curfew hours on public streets or other public places.
(d) Any declaration or emergency may be limited by the Mayor so as to
initiate only the curfew provisions of this chapter and such portions of
the emergency management plan which are deemed necessary to meet
the particular emergency.
Sec. 8-7. – Emergency Regulations.
(a) Whenever necessary to prepare for or manage an emergency for which
adequate regulations have not been adopted by the governor or the City
Council, the Mayor, by order or proclamation, may promulgate
regulations, consistent with applicable federal or state law or regulation,
governing the conduct of persons and the use of property during
emergencies; the repair, maintenance, and safeguarding of essential
public services; emergency health, fire, and safety regulation drills, or
practice periods required for preliminary training; and all other matters that
are reasonable necessary to protect public safety, health, and welfare in
declared emergencies. The Council may by emergency resolution adopt
regulations governing the same matters. The City Council may, by
resolution, modify or terminate any such regulations at any time. If not
sooner terminated, every such regulation shall expire at the end of the
emergency to which it relates.
(b) Every proclamation, order, or resolution of emergency regulations shall
be in writing and signed by the Mayor, shall be dated, shall refer to the
particular emergency to which it pertains, if so limited, and shall be
posted on the City website and filed in the office of the City Clerk, where
a copy shall be kept posted and available for public inspection during
business hours. Thereupon, the regulations shall take effect immediately
or at such later time as may be specified in the proclamation, order, or
resolution. By like proclamation, order or resolution, the Mayor or Council
may modify or terminate any such regulations.
Sec. 8-8. – Suspension of Inconsistent Rules.
Any ordinance, rule or regulation inconsistent with any emergency regulation
promulgated by the Mayor shall be suspended during the period of time and to
the extent that such conflict exists.
Sec. 8-9. – Municipal Emergency Powers.
During a declared emergency, the City may enter into contracts and incur
obligations necessary to combat the disaster by protecting the health and safety
of persons and property and providing emergency assistance to the victims of the
disaster. The City may do so without compliance with the time-consuming
procedures and formalities prescribed by law for the performance of public work,
rental or purchase of supplies, materials, and equipment and the appropriation
and expenditure of public funds.
Sec. 8-10. – Location of City Council Meetings
When an emergency or disaster makes it imprudent or impossible to conduct the
affairs of the City at its regular locations, the City Council may meet at any place,
inside or outside the City limits. A temporary disaster meeting location for the City
Council may continue until a new location is established or until the emergency
or disaster is terminated and the City Council is able to return to its normal
location.
Sec. 8-11. – Enforcement Authority
(a) The members of the City fire department, police department, other law
enforcement agencies having jurisdiction in the City, and other people
authorized by the Mayor, City Council, or Emergency Management
Director are authorized and directed to enforce this section and the orders
and regulations made pursuant to this section.
(b) During the period of a declared emergency, a person authorized under
this section may enter onto private property if the person has reasonable
grounds to believe that there is an immediate need for assistance for the
protection of life or property, and that entering onto the private land will
allow the person to take steps to alleviate or minimize immediate danger
to lives or property.
Sec. 8-12 – 8-20. – Reserved.
Section 3. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 4th day of May, 2021.
___________________________
Shepard M. Harris, Mayor
ATTEST:
___________________________
Theresa J. Schyma, City Clerk
RESOLUTION NO. 21-35
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 711
AMENDING CHAPTER 8 OF THE CITY CODE RELATED TO
EMERGENCY MANAGEMENT
WHEREAS, the City has adopted the above referenced amendment of the Golden
Valley City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
the publication of the complete text is not justified.
NOT THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 711
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 8 OF THE CITY CODE RELATED TO
EMERGENCY MANAGEMENT
This is a summary of the provisions of Ordinance No. 711 which has been approved for
publication by the City Council.
This ordinance would codify the city’s emergency management process, ensure the City
complies with provisions of Minn. Stat. § 12.25, which requires all cities to establish a local
organization for emergency management, and give the Mayor and City Council the ability to
create emergency regulations when required.
A copy of the full text of this Ordinance is available from the City Clerk’s Office.
Adopted by the City Council this 4th day of May, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
5 Community Engagement Session: Police Commission Task Force Noon - 1:30 PM Held Virtually
5 Community Engagement Session: Police Commission Task Force 6:30 - 8:00 PM Held Virtually
11 Rising TIDES Task Force Meeting 5:15 PM Held Virtually
11 HRA Work Session 6:30 PM Held Virtually
11 Council Manager Meeting 6:30 PM Held Virtually
13 Police Commission Task Force Meeting 5:00 PM Held Virtually
18 Facilities Study Task Force Meeting 3:30 - 5:30 PM Held Virtually
18 City Council Meeting 6:30 PM Held Virtually
27 Police Commission Task Force Meeting 5:00 PM Held Virtually
27 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually
31 City Offices Closed for Observance of Memorial Day
1 City Council Meeting 6:30 PM Held Virtually
8 Rising TIDES Task Force Meeting 5:15 PM Held Virtually
8 Council Manager Meeting 6:30 PM Held Virtually
9 Building An Equitable Golden Valley Quarterly Conversation:
Closing the Disability Inclusion Gap in the Community 6:00 - 7:30 PM Held Virtually
10 Police Commission Task Force Meeting 5:00 PM Held Virtually
15 HRA Meeting 6:30 PM Held Virtually
15 City Council Meeting 6:30 PM Held Virtually
24 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually
ANNOUNCEMENT OF MEETINGS AND EVENTS
Three or more Council Members may attend the following
MAY
JUNE