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02-07-23 City Council AgendaFebruary 7, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A. Pledge of Allegiance and Land Acknowledgement 1B. Roll Call 1C. Annual Discover St. Louis Park Presentation 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. 3A. Approval of City Council Minutes: 3A.1. Regular Meeting Minutes of 2022 - May 17, June 7 and 21, July 5 and 19, August 3 and 16, September 6 and 20, October 6 and 18, and November 1 3A.2. Regular Meeting Minutes of 2023 - January 17 3B. Approval of City Check Registers 3C. Licenses: 3C.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 3D. Boards, Commissions, and Task Forces: 3D.1. Police Employment, Accountability, & Community Engagement (PEACE) Commission Appointment CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2469 584 4384. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2469 584 4384 . Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting February 7, 2023 — 6:30 PM 1 3E.Bids, Quotes, and Contracts: 3E.1.Approve Purchase of Gate Valves and Parts from Boys Water Products 3E.2.Authorize the City Manager to Sign an Election Equipment Lease Agreement with Hennepin County in a Form Approved by the City Attorney 3E.3.Authorize Subscription Agreement with Cartegraph Systems LLC 3E.4.Approve Professional Services Agreement for Electrical Inspections Services with Stephen Tokle Inspections, Inc. 3E.5.Approve Agreement with Traverse des Sioux Garden Center and Landscape for the Medley Park Stormwater Restoration Project No. 22-18 3E.6.Approve 2022-2024 Labor Agreement with Community Service Officers Union (LELS Local # 525) 3E.7.Approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27) 3F.Authorize Filing Extension for Harold Avenue Addition Plat 3G.Receive and File the City of Golden Valley's 2023 Pyramid of Success (Council Goals) 3H.Adopt Resolution No. 23-007 Approving Amendment to Compensation and Classification Tables 4.Public Hearing 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.Second Consideration of Salt Storage Ordinance No. 757 6B.Second Consideration of Updated Stormwater Management Ordinance No. 758 6C.Review of Council Calendar 6D.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting February 7, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 1C. Annual Discover St. Louis Park Presentation Prepared By Timothy Cruikshank, City Manager Summary Becky Bakken, President and CEO of Discover St. Louis Park will be in attendance to present the Council with a year-end update for Discover St. Louis Park. Legal Considerations Legal review was not required for this item. Equity Considerations Equity review was not required for this item. Recommended Action No action is required on this item. Supporting Documents DSLP YE Presentation 2022 2022 Year-End Business Development Summary 2022 Year-End Marketing Report 3 11 Around here, life is SWEET! 4 TWO GREAT CITIES. ONE SWEET DESTINATION! 5 A Destination Marketing Organization Representing St. Louis Park and Golden Valley Mission: To enhance St. Louis Park and Golden Valley’s economy, Image and quality of life by promoting the area as a prime meeting and visitor destination. Vision: To be the sweetest destination in Minnesota! 6 M.S. 469.190 Local Lodging Tax Ninety-five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the statutory or home rule charter city or town to fund a local convention or tourism bureau for the purpose of marketing and promoting the city or town as a tourist or convention center. Minnesota State Statute Discover St. Louis Park is a non-profit organization 501 (c) 6, governed by a board of directors. 7 Tourism in Minnesota -2019 2019 = Banner Year $16.6 billion in gross sales a year 275,000 Minnesota jobs 6.4 billion in wages 18% of all MN sales taxes To fund roads, parks and trails, bridges The average MN household would owe an additional $625 without the tax revenue generated by travel and tourism 11 billion or 70% of all MN tourism revenues were in the metro region. 8 Tourism in Minnesota -2021 Pandemic Economic Impact $11.7 billion in gross sales a year Down 4.0 billion 205,000 Minnesota jobs Down 70,000 jobs 4.9 billion in wages Down 1.5 billion in wages 12% of all MN sales taxes Down 4% of all MN sales taxes 9 Tourism in Minnesota -2020 2020 Travel Spending in MN decreased 8.6 billion (Nearly half of 2019) Hospitality Employment decreased 73,000 (-27%) Hospitality Employment Losses by Sector (2020) •Food & Drink •Accommodations •Arts, Entertainment, Recreation •Total Private Sector (for comparison) Leisure travel has led the way to recovery. Business travel has been much slower to return. -23% -37% -36% -7% 10 Nine Hotel Properties We track the performance of Discover St. Louis Park hotels on a monthly basis: •AC Hotel by Marriott West End •Courtyard by Marriott Minneapolis West •DoubleTree by Hilton Minneapolis-Park Place •Holiday Inn Express-Golden Valley •Homewood Suites by Hilton West End •Minneapolis Marriott West •Ramada Minneapolis Golden Valley •SpringHill Suites by Marriott-Minneapolis West •TownePlace Suites Minneapolis West 8 11 Discover St. Louis Park –Lodging Tax St. Louis Park and Golden Valley Combined 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 2019 2020 2021 2022 12 Occupancy –Monthly Comparison 13 Year End Occupancy 2022 77%74%72%72% 68%68%66%66%64%64% Minneapolis Denver Total US Indianapolis Chicago Milwaukee Kansas City Louisville Columbus St. Louis Minneapolis 14 Year End Occupancy 2019 77%74%72%72% 68%68%66%66%64%64% Minneapolis Denver Chicago Indianapolis Milwaukee Minneapolis Columbus Total US St. Louis Kansas City Louisville 15 DSLP Lodging Tax Summary $357,589 $860,761 $978,573 $1,226,779 $1,268,815 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2016 2017 2018 2019 2020 2021 2022 +32,538 +117,812 $645,101 $1,115,862 -911,226 +470,761+207,389 +42,036 +287,512 Est. 16 17 •Tourism generated $37 million in lodging spending in 2022 and another $149 million in visitor spending throughout our communities. •Tourism generates vitality. It employs a high volume of people and supports existing businesses, while stimulating the development of new business and event opportunity. 15 Economic Impact 2022 25% 20% 16% 16% 16% 7% Travel Spending by Sector Food & Beverage Lodging Retail Transportation Recreation Other 18 Questions? 19 2022 Year-End Business Development Summary January 1 – December 31, 2022 LEAD COUNT ROOM NIGHTS Discover St. Louis Park – Internal/Partnership (IDSS) 346 26,810 CVENT - Partnership 59 32,118 MN Sports & Events Partnership 32 297,039 TOTAL 437 1,260,037 CVENT Yearly RFP Activity YEAR LEAD COUNT ROOM NIGHTS 2022 59 32,118 2021 12 6,798 2020 29 14,335 2019 42 21,915 Event Activity EVENT MinnesoThai Slavic Experience MyHockey Quadball Tournament 20 2022 Year-End Marketing Report Website Audience - 2022 performance vs 2021 (and 2019) o 94,543 users vs 31,130 – 204% increaseover last year (135% better than 2019)) o 110,232 sessions vs 35,420 – 211% increase (139% over 2019) o 228,041 pageviews vs 54,797 – 316% increase (217% over 2019) o 1:18 avg. session duration vs :53 – 47% increase (58% over 2019) o 2.08 pages per session vs 1.54 – 35% increase (32% over 2019) o Bounce rate is down 5% (down 8% from 2019) Acquisition o 43% Organic search o 25% Email o 15% Direct Behavior (Most visited webpages) o Home page – 10% (21,197 pageviews) o Experiences, Arts & Entertainment – 9% (19,095 pageviews) o Events, MinnesoThai Street Food Festival – 4.2% (9,235 pageviews) o Experiences, Adam Turman Artventure – 3.9% (8,574 pageviews) o Other top pages include: Restaurants, Spectator Sports, Perfect Patio Places (blog), Event Calendar, July 4th Fireworks, Schaper Park, Walkable Neighborhoods – The West End, and Live Music. (Average time on page is over 1:30 and often higher.) Special Offers has had 1,619 visitors with an average time on page of 3:13. Social Media Instagram – 1,710 followers, 12% increase over 2021 o 72.8% women, 27.2% men o 33.2% St. Louis Park, 10.1% Minneapolis, 3.2% Minnetonka, 2.1% Golden Valley, 2% Edina o Top 10 Posts Feb 8 – La Bodega Taco Bar is now open – 931 reached June 22 – Check out all the cool AT merch you can win (reel) – 926 reached June 27 – Meet Oscar the Oriole (reel) – 3,319 reached July 6 – Meet Paul & Babe at Brookview (reel) – 2,896 reached Aug 9 – Urban Wok grand opening – 820 reached Sept 12 – MinnesoThai Street Food Festival is this weekend – 849 Sept 16 - MinnesoThai Street Food Festival starts tomorrow – 876 Sept 20 – Sato Sushi kosher restaurant now open – 807 reached Nov 9 – Head to the reimagined Texa-Tonka Shopping Center – 956 reached 21 Facebook – 9,612 followers, 2% increase over 2021 o 69.1% women, 30.9% men o 13.5% St. Louis Park, 11.7% Minneapolis, 3.1% St. Paul, 2.3% Chicago, 2.1% Minnetonka, 1.7% Winnipeg, 1.4% Duluth o Top 10 Posts April 6 – Hold the Wheat is now open – 4,322 reached June 1 – Introducing the Art of Adam Turman Artventure – 19,315 reached June 2 – Meet Lucette the Lumberjill – 4,039 reached June 15 –Week 2 Winner – 3,499 reached June 27 – Oscar the Oriole – 3,319 reached July 6 – Week 5 Winner – 2,811 reached July 6 – Meet Paul and Babe – 2,896 reached July 11 – Meet Jerry the Filmmaker – 2,700 reached Aug 29 – Last week to explore the Artventure – 3,520 reached Nov 9 – Head to the reimagined Texa-Tonka Shopping Center – 3,795 reached Twitter – 1,285 followers, same as 2021 o Top 8 Tweets May 17 – World Baking Day / Honey & Rye – 1,666 impressions June 27– Meet Oscar the Oriole – 2,132 impressions Aug 1 – Meet Billie the Barred Owl – 1,497 impressions Aug22 – Only 2 weeks left for Adam Turman Artventure – 1,526 impressions Sept 20 – Sato Sushi & American Fusion is now open – 1,425 impressions Sept 12 – MinnesoThai is this weekend – 2,082 impressions Oct 18 – TCFF opens Thursday – 1,360 impressions Nov 9 – Head to the re-imagined Texa-Tonka – 1,501 impressions TikTok – New this winter, 5 followers o Currently have 8 TikTok videos with 16 more to come. We are working on growing this channel. Print Advertising 2022 Explore Minnesota Official Visitors Guide 2022 Minneapolis Official Visitors Guide – CVB special section Minnesota Monthly o Jan/Feb Winter Wonders, March April Spring Bucket List, Ultimate Travel Guide, and Nov/Dec Winter Fun Destinations Minnesota Meetings & Events o Summer & Fall, with bonus leaderboard ads on digital versions; featured vendor in newsletter, May through December Twin Cities Business o Feb/March – TCB Resource Guide; Jun/July – Venue Guide Radio 70 spots (:30 sec) on KFAN, March 23 – May 6: 392,000 impressions 70 spots (:30 sec) on KOOL 108 (broadcast + streaming), Nov 21 – Dec 23: 604,000 impressions 22 Billboards Duluth: Feb 14 – April 10, 2 nd most prominent board at entrance to tourist district o Two Great Cities, One Sweet Spot messaging o 242,383 impressions/week, 1.9 million total impressions Fargo/Moorhead: Feb 1 – March 31, on I-94 as you head toward the Twin Cities o Two Great Cities, One Sweet Spot messaging o 176,295 impressions/week, 1.4 million total impressions Duluth: Aug 1 – Aug 28, I-35 at 4823 W Superior o Adam Turman Artventure o 158,508 impressions/week, 634,032 total impressions Eblasts Women’s Final Four NCAA Basketball Campaign) – March 29 o 40K emails each to Stanford, UConn, Louisville and South Carolina o Open rates of 21.08% to 25.37% and CTR’s (click thru rate) of 2.48 – 3.29% o Over 4,500 website visitors Adam Turman Artventure # 1 – June 1 o 300K recipients in greater MN, ND, SD and IA – 17.24% open rate, 2.99% CTR o 30K recipients in the metro area – 19.83% open rate, 2.89% CTR o Just under 10,000 website visitors Adam Turman Artvenure #2 – July 20 o 200K recipients in greater MN, ND, SD and IA – 21.5% open rate, 2.1% CTR o 4,200 website visitors Event Email, MinnesoThai and Twin Cities Film Fest – Sept 8 o 100K recipients in greater MN (Duluth, St. Cloud, Moorhead, Rochester, Mankato) o 24% open rate, 2.17% CTR; over 2,000 website visitors A Sweet Winter Getaway – Dec 6 o 150K recipients – ND, SD, IA and WI o 19.7% open rate, 2.43% CTR; over 3,600 website visitors Avg. open rate is 12-15% and avg. CTR is 1.75-2%. Google DMO Program & Street View/360 Audited and updated/corrected Google listings for over 200 businesses in SLP and GV. Virtual Google Business training webinar for local business owners in March and September. Worked with Miles Partnership to create photos/street view tours/and 360-degree images of popular locations in St. Louis Park & Golden Valley. Images were uploaded to Google profiles. Influencers Contracted with SHRPA, a platform that matches DMO’s with influencers o 27 influencer itineraries have been created to date. Worked with Explore MN Tourism to host an Accessible Travel Influencer – “Curb Free with Cory Lee” – Cory visited Westwood Hills Nature Center and REM5 VR Lab with rave reviews. Cory has 37K followers on Facebook and 31.2K followers on Instagram. 23 Print Projects Updated DSLP “Map of Dining & Attractions.” Maps were distributed to all 9 hotels. Placed framed QR codes at each hotel, as well as key locations (e.g., Rec Center, Brookview, City Halls, Citizens Independent Bank) to drive people to our website. o 185 scans to date Adam Turman Artventure Display Advertising Campaign Geo-fencing campaign: 966,000 impressions, .12% CTR (benchmark average is .03-.05%) o 949 resulting visits: 360 hotel visits, 589 visits to character locations StarTribune.com campaign: 400,000 impressions, .07 CTR Website retargeting campaign: 140,000 impressions, .24% CTR 1,191 additional view-thru conversions (i.e., saw the ad, didn’t click, but went to website) Adam Turman Artventure Media Coverage Total Local TV Audience: 33,763 ●Total Online Audience: 1,288,475 ● Total Publicity Value: $104,702 Patch.com, June 2 Minnesota Parent, June 17 – homepage featured article (for 1 week) and then ongoing during June, article in their newsletter to 30K subscribers Sun Sailor (SLP paper) – June 23, print edition; June 29, website homepage feature Sun Post (GV paper) – June 23, print edition; June 29, website homepage feature WCCO Live Interview – June 24 CCX Media Interview, Part 1 – June 27 Star Tribune – June 28, featured on the front and back covers of the Variety section CCX Media Interview, Part 2 – July 2 NewsBreak.com (national reach) – July 2 DailyAdvent.com (national reach) – July 9 KARE11 Interview – July 10 The Current – Aug 11 Adam Turman Artventure Promotions From May 31 – Sept 5, Facebook reach was up 2300% (234,979), Instagram reach was up 2100% (51,954). Profile visits were up 332.6% on Facebook and we picked up 132 new followers. On Instagram profile visits were up 188.1% and we picked up 125 new followers. Paid Facebook and Instagram advertising, July 15 – Sep 5: 846,544 impressions, 271,868 reached, 2,958 post engagements, 4,170 clicks, 2,115 website sessions. City of SLP and City of GV made social media posts for us, plus SLP also posted on Nextdoor. Quirky Minnesota Places, Twin Cities Kids Club, Access Hopkins and Minnesotan’s Spotlight on the Arts shared our social media posts. Emails were sent to area business owners to encourage participation. Minneapolis Regional Chamber included an announcement in the Chamber Insider Newsletter Posters in the community -SLP & GV libraries and area businesses – 87 QR code scans Artventure slide at ShowPlace ICON Theatre shown before every movie for July & August. Listed on Explore Minnesota Tourism Calendar of Events – under Arts & Theater Events QR Codes on the Artventure characters were scanned 586 times by the end of the promotion. That number is now up to 641 as the characters remain in the community. 24 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance B.Roll Call Present:Mayor Shep Harris, Council Members Gillian Rosenquist and Kimberly Sanberg Absent:Council Members Maurice Harris and Denise La Mere-Anderson Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, City Attorney Cisneros, Police Chief Green, Assistant Police Chief White, Physical Development Director Nevinski, Environmental Resources Supervisor Eckman, Planning Manager Zimmerman, City Planner Campbell, Public Works Director Kieffer, and City Clerk Schyma C.Proclamation Recognizing the 50th Anniversary of LOGIS City Manager Cruikshank presented an overview of the proclamation. Chris Miller, Executive Director of LOGIS, was in attendance and spoke about the partnership with Golden Valley through the years. Motion by Rosenquist, Second by Sanberg to support a proclamation Recognizing the 50th Anniversary of LOGIS. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) D.Proclamation Recognizing National Public Works Week Public Works Director Kieffer presented an overview of the proclamation. May 17, 2022 –6:30 pm Council Conference Room/Manager’s Conference Room Hybrid Meeting 25 City of Golden Valley City Council Regular Meeting May 17, 2022 – 6:30 pm 2 Motion by Rosenquist, Second by Sanberg to support a proclamation Recognizing May 15 through May 21, 2022 as Public Works Week. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 3.Consent Agenda Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised: removal of Items #3F1 – Adopt Resolution No. 22-050 Accepting Donation for Medley Park Community Garden; #3F2 – Adopt Resolution No. 22-051 Accepting Tree Donation for Brookview Park; #3F3 – Adopt Resolution No. 22-052 Accepting the Reducing Harm through Collaborative Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad Family Foundation Grant Agreement; and #3G – Approve Resolution No. 22-053 Adopting an Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) A.Approval of City Council Meeting Minutes of April 19, 2022 B.Approval of Check Register C. Licenses: 1.Grant Local Approval for a Gambling Premises Permit for St. Maron Church at Schuller’s Tavern, Resolution No. 22-049 D.Boards, Commissions and Task Forces: 1.Receive and File Diversity, Equity, and Inclusion Commission Annual Report and Work Plan E.Bids, Quotes, and Contracts: 1.Approve Purchase of a Public Safety Generator from Advanced Power Services, Inc. 2.Approve Contract for the Joint Water Commission 24-Inch Gate Valve Project with Valley Rich Co., Inc. 3.Approve Greenway Villas Public Improvement Project A. Award Construction Contract with Schneider Excavating and Grading B. Approve Professional Services Agreement for Construction Services with Short Elliot Hendrickson, Inc. (SEH) 26 City of Golden Valley City Council Regular Meeting May 17, 2022 – 6:30 pm 3 4.Award Glenwood Avenue Watermain Rehabilitation Project #21-06 to Fer-Pal Construction 5.Authorize Bassett Creek Watershed Management Commission Intern Agreement 6.Approve Contract with Lexipol, LLC for Law Enforcement Policy Manual Subscription and Implementation F.Grants and Donations: 1.Adopt Resolution No. 22-050 Accepting Donation for Medley Park Community Garden 2.Adopt Resolution No. 22-051 Accepting Tree Donation for Brookview Park 3.Adopt Resolution No. 22-052 Accepting the Reducing Harm through Collaborative Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad Family Foundation Grant Agreement G.Approve Resolution No. 22-053 Adopting an Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan. 3. Items Removed From the Consent Agenda: 3F1. Adopt Resolution No. 22-050 Accepting Donation for Medley Park Community Garden Council Members Rosenquist and Sanberg and Mayor Harris thanked staff, residents, H&R Block, and One Good Deed for their work and funding for the Medley Park Community Garden. Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 22-050 accepting the donation from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 3F2. Adopt Resolution No. 22-051 Accepting Tree Donation for Brookview Park Council Member Sanberg thanked the Hansen family for the donation of a tree in Brookview Park to honor Harley Ray Hanson. Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 22-0051 accepting the donation from the Hanson Family for the addition of a tree in Brookview Park to honor Harley Ray Hanson. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 27 City of Golden Valley City Council Regular Meeting May 17, 2022 – 6:30 pm 4 3F3. Adopt Resolution No. 22-052 Accepting the Reducing Harm through Collaborative Solutions Grant from the Pohlad Family Foundation and Approve the Pohlad Family Foundation Grant Agreement Deputy City Manager Santelices presented the report. Motion by Sanberg, Second by Rosenquist to approve the Pohlad Family Foundation Grant Agreement in form approved by City Attorney. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by Rosenquist to approve Resolution No. 22-052 accepting Reducing Harm through Collaborative Solutions Grant from Pohlad Family Foundation. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 3G. Approve Resolution No. 22-053 Adopting an Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan Diversity, Equity, and Inclusion Commission Chair Joelle Allen and member Ruth Paradise presented the report. Motion by Rosenquist, Second by Sanberg to approve Resolution No. 22-053 adopting an Official City of Golden Valley Land Acknowledgement Policy, Statement, and Action Plan. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 5.Old Business A.Meadowbrook School P.U.D. No. 90, Amendment #5, 5300/5430 Glenwood Avenue South 1.Approve Ordinance Zoning Map Amendment, Ordinance No. 736 Planning Manager Zimmerman presented the report. Motion by Rosenquist, Second by Sanberg to adopt Ordinance No. 736, Amending the Zoning Map and Rezoning 5300 Glenwood from Office to Institutional - Assembly (I-A). 28 City of Golden Valley City Council Regular Meeting May 17, 2022 – 6:30 pm 5 Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 2.Approve Major P.U.D. Amendment, Ordinance No. 737 Planning Manager Zimmerman presented the report. Motion by Sanberg, Second by Rosenquist to adopt Ordinance No. 737, Approval of Major P.U.D. Amendment, Meadowbrook School P.U.D. No. 90, Amendment #6. Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) 6.New Business A.Appeal of Board of Zoning Appeals Decision – 2234 Lee Avenue North City Planner Myles Campbell presented the report. The Applicant, Miles Fiterman, and Architect Ryan Thuftedahl presented arguments in favor of approval of variance request. The Council discussed the irregular lot shape and frontage, setback, grading, impact on surrounding neighbors, and the Planning Commission and Board of Zoning Appeals findings. The Council further discussed other options available to meet the applicant’s needs without requiring a variance or the smallest variance necessary to meet the applicant’s needs. Motion by Rosenquist, Second by Sanberg to deny the variance appeal for four feet over the allowed maximum height of 28 feet to a total distance of 32 feet from average grade at 2234 Lee Avenue North. Motion carried 2-1.(In Favor: Rosenquist, Sanberg; Opposed: S. Harris) B. C. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:25 pm. 29 City of Golden Valley City Council Regular Meeting May 17, 2022 – 6:30 pm 6 Motion carried 3-0 with unanimous approval. (In Favor: S. Harris, Rosenquist, Sanberg. Opposed: N/A) ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 30 REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere- Anderson, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, City Attorney Cisneros, Police Chief Green, Assistant Police Chief White, Acting Assistant Police Chief Sleavin, Equity and Inclusion Manager Zackery, Planning Manager Zimmerman, City Planner Campbell, Environmental Specialist Chirpich, Assistant City Engineer Kakach, and City Clerk Schyma C.Proclamation Honoring LGBTQ+ Month – June 1-30, 2022 City Manager Cruikshank presented an overview of the proclamation. The Council discussed the history of the City’s Pride Festival and events that will be happening this year to celebrate Pride month. Motion by Sanberg, Second by M. Harris to support a proclamation honoring LGBTQ+ Month – June 1-30, 2022. Motion carried 5-0. D.Proclamation Observing June 19th as Juneteenth Freedom Day June 7, 2022 –6:30 pm Council Conference Room Hybrid Meeting 31 City of Golden Valley City Council Regular Meeting June 7, 2022 – 6:30 pm 2 Equity and Inclusion Manager Zackery presented an overview of the proclamation and what it means for Golden Valley. She also discussed Juneteenth celebrations that will be happening this year in the city. Motion by M. Harris, Second by La Mere-Anderson to support a proclamation observing June 19th as Juneteenth Freedom Day. Motion carried 5-0. 2.Additions and Corrections to Agenda Motion by Sanberg, Second by M. Harris to approve the meeting agenda as submitted. Motion carried 5-0. 3.Consent Agenda Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised: removal of Item #3C3 - Approve New Multi-Family Rental Property License at The Xenia and #3D9 - Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office. Motion carried 5-0. A.Approval of City Council Meeting Minutes – Regular Meetings of 2022 – January 4, February 2 and 15, March 1 and 15, April 5, and May 3 B.Approval of Check Register C. Licenses: 1.Grant Gambling License Exemption and Waiver of Notice Requirement – Sons of the American Legion Post 523 2.Approve 2022-2023 Liquor License Renewals 3.Approve New Multi-Family Rental Property License at The Xenia D.Bids, Quotes and Contracts: 1.Approve Professional Services Agreement with Quetica, LLC for the City Hall Boiler Replacement Project #22-16 2.Authorize Agreement Amendment for Custodial Services with Stratus Building Solutions 3.Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-15 with ISG 4.Award and Authorize Agreement for Winnetka Avenue Pedestrian Flasher Project #10-15 Contract to Pember Companies, Inc. 5.Award and Authorize Contract for Miscellaneous Traffic Signal Modification Project #22-12 to Killmer Electric 32 City of Golden Valley City Council Regular Meeting June 7, 2022 – 6:30 pm 3 6.Adopt Resolution No. 22-054 Requesting Variance from Standards for State Aid Operations for Olson Memorial Frontage Road on Douglas Drive and Trunk Highway 55 Underpass Project 7.Approve Agreement with Police Assistants Chiefs Union (LELS Local #485) 8.Approve Proposed PERA Settlement Agreement 9.Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office E.Adopt Resolution No. 22-055 Entering into Host Site Agreement with Minnesota Pollution Control Agency F.Authorize First Amendment to the Agreement with the Center for Energy and Environment to Perform Home Energy Squad Visits 3. Items Removed From the Consent Agenda: 3C3. Approve New Multi-Family Rental Property License at The Xenia Planning Manager Zimmerman provided an update on this project and expected completion date of late 2022. Motion by M. Harris, Second by Sanberg to authorize the issuance of the multi-family rental license through February 28, 2023. Motion carried 5-0. 3D9. Approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office Assistant Police Chief White discussed the agreement, current staffing issues, and service call delays that are a result of recent departures within the Police Department. She added that recruitment is a top priority, and that leadership is trying to be creative as possible to address these issues because a high level of service to the community is extremely important to the officers in the department. Police Chief Green and Acting Assistant Chief Sleavin added that all officers in the department are doing the best they can to serve the community to the best of their ability. Police Chief Green stated that leadership will continue to update the Council on staffing levels during this difficult time. Mayor Harris thanked the Police Department for their problem-solving efforts during this serious situation. He further stated that the Police Department provides fabulous service to the community and it is appreciated. He added that the department protects the community and wants the officers in the department to know that the Council supports the Police Department. 33 City of Golden Valley City Council Regular Meeting June 7, 2022 – 6:30 pm 4 Council Member Sanberg wants to acknowledge the difficult working conditions that current staff in the department are working through and appreciates their service to the community. Motion by Rosenquist, Second by La Mere-Anderson to approve the Law Enforcement Services Agreement with Hennepin County Sheriff’s Office. Motion carried 5-0. 4.Public Hearing A.Adopt Resolution No. 22-056 to accept the Municipal Separate Storm Sewer System General Permit, Storm Water Pollution Prevention Program, 2021 Annual Report to the Minnesota Pollution Control Agency Environmental Specialist Chirpich presented the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-056 Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Program. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.Adopt Resolution No. 22-057, Outdoor Service Area Permit (OSA-1) to Allow for Outdoor Dining at 7345 Country Club Drive Planning Manager Zimmerman presented the staff report. Mark Jacob and Paul Jacob, owners of Schuller’s Tavern, discussed the importance of this permit and thanked the City for the opportunity to improve their business. They stated that their goal is to create a very welcoming environment for customers and continue to be a great partner with the surrounding neighborhood. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Steve Klucas, Landworks Inc., discussed the design for the patio. The Council thanked the owners for their continued contributions to the community and further investment in their business. 34 City of Golden Valley City Council Regular Meeting June 7, 2022 – 6:30 pm 5 Motion by M. Harris, Second by La Mere-Anderson to adopt Resolution No. 22-057, Authorizing an Outdoor Service Area Permit to Allow Outdoor Dining at Schuller’s Tavern. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) C.Consideration of Preliminary Plan for Minor Subdivision at 7324 Harold Avenue North City Planner Campbell presented the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. The Council asked for clarification about the potential traffic impact with this subdivision, concerns about recent property maintenance issues at the site, and the long-term plans for the properties. Eugene Borodin, applicant and representative of CityLine Homes Inc., stated the long- term plan is to sell these properties. He further discussed property maintenance at the site. Motion by M. Harris, Second by Sanberg to approve the Preliminary Plan for Minor Subdivision at 7324 Harold Avenue North subject to the following conditions: 1. The applicant shall provide securities for the new 12-inch storm sewer pipe and needed easements. 2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 3. A park dedication fee of $4,440 shall be paid before release of the Final Plat. Motion carried 5-0. D.Adopt Ordinance No. 739, Zoning Code Text Amendment – Expanding Allowed Temporary Mobile Retail and Service Uses City Planner Campbell will present the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Rosenquist, Second by La Mere-Anderson to adopt Ordinance No. 739, Amending Section 113-31: Temporary Uses in order to establish allowed mobile retail and service uses. 35 City of Golden Valley City Council Regular Meeting June 7, 2022 – 6:30 pm 6 Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-058, Authorizing Summary Publication of Ordinance No. 739. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business A.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:07 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 36 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 7:20 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, and Gillian Rosenquist Absent:Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Director Green, Physical Development Director Nevinski, City Planner Campbell, and City Clerk Schyma Police Director Green provided an update on recent crime trends in the metro area. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted. Motion carried 4-0. 3.Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3E - Adopt Resolution No. 22-060 Approving Appointment of Election Judges and Absentee Ballot Board for Primary and General Election. Motion carried 4-0. June 21, 2022 –6:30 pm Council Conference Room Hybrid Meeting 37 City of Golden Valley City Council Regular Meeting June 21, 2022 – 6:30 pm 2 A.Approval of City Council Meeting Minutes: -June 7, 2022, Special Closed Executive Session -June 7, 2022, Special Meeting with Closed Executive Session B.Approval of Check Register C. Licenses: 1.Approve New Off Sale Liquor License – Golden Valley Country Club, 7001 Golden Valley Road 2.Approve New On-Sale Beer and Wine License – Game Show Battle Rooms, 8836 7th Avenue North D.Bids, Quotes and Contracts: 1.Approve Resolution No. 22-059 Authorizing Master Partnership Contract Between the City of Golden Valley and the Minnesota Department of Transportation E.Adopt Resolution No. 22-060 Approving Appointment of Election Judges and Absentee Ballot Board for Primary and General Election F.Approve Filing Extension for Final Plat for Sunnyridge Third Addition G.Approve Resolution No. 22-061 Authorizing Temporary Modification of PTO/Vacation Maximum Accrual Cap for Sworn Peace Officers 3. Items Removed From the Consent Agenda: 3D.2. Adopt Resolution No. 22-060 Approving Appointment of Election Judges and Absentee Ballot Board for Primary and General Election The Council wanted to preemptively thank all election judges and staff for their work in the upcoming election cycle. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-060 approving the appointment of Election Judges and establishment of an Absentee Ballot Board for the Primary Election on Tuesday, August 9 and General Election on Tuesday, November 8, 2022. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4.Public Hearing 5.Old Business 6.New Business A.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 38 City of Golden Valley City Council Regular Meeting June 21, 2022 – 6:30 pm 3 B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 7:47 pm. Motion carried 4-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 39 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Deputy City Manager/HR Director Santelices, Recreation Supervisor Erickson, and City Clerk Schyma C.Proclamation Recognizing July as Parks & Recreation Month Recreation Supervisor Erickson presented an overview of the proclamation. The Council thanked Parks and Recreation staff for their hard work. Motion by M. Harris, Second by Rosenquist to support a proclamation recognizing July as Parks & Recreation Month. Motion carried 5-0. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. July 5, 2022 –6:30 pm Council Conference Room Hybrid Meeting 40 City of Golden Valley City Council Regular Meeting July 5, 2022 – 6:30 pm 2 3.Consent Agenda Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised: removal of Item #3A - Approval of Special City Council Meeting Minutes of June 21, 2022; #3C1 - Accept Resignation from Police, Employment, Accountability, And Community Engagement Commission; and #3E1 - Approve Resolution No. 22-062 to Accept a Donation of 40 Five Gallon Buckets for the Medley Park Community Garden. Motion carried 5-0. A.Approval of Special City Council Meeting Minutes of June 21, 2022 B.Approval of Check Register C. Boards, Commission, and Task Forces: 1.Accept Resignation from Police, Employment, Accountability, And Community Engagement Commission 2.Receive and File Diversity, Equity, & Inclusion Commission Meeting Minutes – January 25, February 22, March 22, and April 26, 2022 3.Receive and File PEACE Commission Meeting Minutes – January 13, February 10, March 2 and 24, April 14, and May 12, 2022 D.Bids, Quotes and Contracts: 1.Authorize Change Order #1 Glenwood Avenue Watermain Rehabilitation Project No. 21-06 2.Authorize Agreement with Union Pacific Railroad for Zane Avenue Crossing Preliminary Engineering Services Contingent Upon the Final Review and Approval of the City Attorney 3.Authorize Purchase of 40 Aluminum Raised Garden Containers for the Medley Park Community Garden 4.Authorize Purchase of Replacement Outdoor Hockey Rink Dasher Boards, Steel Components and Fencing for Medley Park from Becker Arena Products Contingent Upon the Final Review and Approval of the City Attorney E.Grants and Donations: 1.Approve Resolution No. 22-062 to Accept a Donation of 40 Five Gallon Buckets for the Medley Park Community Garden F.Approve Welcoming Workplace Policy Update, Resolution No. 22-063 3. Items Removed From the Consent Agenda: 3A. Approval of Special City Council Meeting Minutes of June 21, 2022 Council Member Rosenquist stated that the attendance needs correction to note that Council Member Sanberg was absent from the meeting. 41 City of Golden Valley City Council Regular Meeting July 5, 2022 – 6:30 pm 3 Motion by M. Harris, Second by Rosenquist to approve Special City Council Meeting Minutes of June 21, 2022 as amended. Motion carried 5-0. 3C1. Accept Resignation from Police, Employment, Accountability, And Community Engagement Commission Council Member Harris thanked Jessie Smith for her service on the PEACE Commission. Motion by M. Harris, Second by Sanberg to accept the resignation of Jessie Smith from the Police, Employment, Accountability, And Community Engagement Commission. Motion carried 5-0. 3E1. Approve Resolution No. 22-062 to Accept a Donation of 40 Five Gallon Buckets for the Medley Park Community Garden Council Member Rosenquist thanked One Good Deed for the donation especially during Parks and Recreation Month. Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-062 accepting the donation from Home Depot through the Golden Valley One Good Deed organization for 40 five- gallon buckets for the new Golden Valley Community Garden at Medley Park. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 5.Old Business 6.New Business A.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment 42 City of Golden Valley City Council Regular Meeting July 5, 2022 – 6:30 pm 4 Motion by M. Harris, Second by Sanberg to adjourn the meeting at 6:53 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 43 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Physical Development Director Nevinski, Planning Manager Zimmerman, and City Clerk Schyma C.Proclamation Recognizing National Night Out – August 2, 2022 City Manager Cruikshank presented an overview of the proclamation. Motion by M. Harris, Second by Sanberg to support a proclamation recognizing National Night Out – Tuesday, August 2. Motion carried 5-0. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. 3.Consent Agenda July 19, 2022 –6:30 pm Council Chambers Hybrid Meeting 44 City of Golden Valley City Council Regular Meeting July 19, 2022 – 6:30 pm 2 Motion by M. Harris, Second by La Mere-Anderson to approve the Consent Agenda as submitted. Motion carried 5-0. A.Approval of City Council Meeting Minutes – June 7, 2022 B.Approval of Check Register C. Licenses: 1.Approve Temporary On-Sale Liquor License – The Loppet Foundation D. Boards, Commission, and Task Forces: 1.Receive and File PEACE Commission 2021 Annual Report and 2022 Work Plan 2.Receive and File Environmental Commission Meeting Minutes – May 28, 2022 E.Bids, Quotes and Contracts: 1.Approve Purchase of Three Ford F-150s Pickups in an amount not-to-exceed $125,000 2.Approve Trade-In and Purchase of a Tandem Axle Dump Truck and Equipment from Nuss Truck & Equipment and Towmaster Truck Equipment F. Grants and Donations: 1.Approve Resolution No. 22-064 Accepting the Second Half of Federal Grant Funds from the American Rescue Plan Act (ARPA) and Resolution No. 22-065 Allocating to the General Fund for Equity and Inclusion Outreach Specialist and Hennepin County Embedded Social Worker 4.Public Hearing A.Approve Ordinance No. 740 – Zoning Map Amendments to Achieve Conformance with the 2040 Comprehensive Plan Planning Manager Zimmerman presented the staff report. Mayor Harris opened the public hearing. Richard Sheehan, 1533 Xenia Ave, had questions regarding a specific property that would be impacted with the proposed amendments. Amy Overby, 3211 St. Margaret Drive, stated she is opposed to the amendments and believes that only the people in the neighborhood where these changes are proposed should be allowed to comment. Catherine O’Malley, 2200 Glenwood Parkway, stated she is opposed to the proposed amendments. 45 City of Golden Valley City Council Regular Meeting July 19, 2022 – 6:30 pm 3 Ruth Paradise,8515 Duluth Street, spoke in favor of affordable housing in Golden Valley and believes the city has to consider the whole community and not individual neighborhoods when making these decisions. Loren Overby, 3211 St. Margaret Drive, stated he is opposed to the proposed amendments and does not believe that people who live outside of the neighborhood should be able to give an opinion on land use changes. Cathy Waldhauser, 3220 Orchard, spoke in favor of the proposal and for more affordable housing in Golden Valley. Mayor Harris closed the public hearing. Motion by La Mere-Anderson, Second by Rosenquist to adopt Ordinance No. 740, Rezoning Certain Properties to Achieve Conformance with the 2040 Comprehensive Plan. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.Approve Resolution No. 22-066 – Amendments to the Future Land Use Map to Complete 2040 Comprehensive Plan Update Planning Manager Zimmerman presented the staff report. Mayor Harris opened the public hearing. Alaina Hopponen, 2400 Valders Avenue North, stated she is opposed to the proposed amendments. Ruth Paradise,8515 Duluth Street, discussed the Winnetka parcels as an opportunity and presented a few alternate ideas. Cathy Waldhauser, 3220 Orchard, asked questions about R-2 zoning and the number of stories allowed. She stated that if multiple stories are possible then it would provide a lot of flexibility. Mayor Harris closed the public hearing Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-066, Amending the Future Land Use Map to Complete 2040 Comprehensive Plan and authorize staff to forward the changes to the Metropolitan Council for Approval. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 46 City of Golden Valley City Council Regular Meeting July 19, 2022 – 6:30 pm 4 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. A.First Consideration of Ordinances Related to the Regulation and Sale of Tetrahydrocannabinol Products Interim Ordinance No. 741 Prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products Ordinance No. 741 Amending Chapter 16—Licensing to Add Article XIX. Tetrahydrocannabinol Products City Manager Cruikshank discussed recent legislation and information coming out of committee meetings around the metro area regarding tetrahydrocannabinol products. City Attorney Cisneros discussed the staff report and the options available to the Council including a moratorium ordinance or an ordinance licensing tetrahydrocannabinol products in the City. This item is eligible for public input. Cap O'Rourke, representing businesses that are currently selling THC items in Golden Valley, stated that THC products have been sold in Golden Valley for the last four years. He further discussed the history of various cannabis products and their regulations. Paul Chirpa, owner of Discover CBD at 8000 Olson Memorial Hwy, spoke in favor of the licensing option for THC products. Scott Farrell, representative from Down in the Valley, spoke in favor of the licensing option for THC products. Randy Anderson, resident and licensed drug addiction counselor, had questions about how business owners provide advice to their customers about THC products. He believes it is unethical for business owners to provide medical advice regarding THC products. Ignacio Cisneros, 501 Varner Circle, spoke in favor of the licensing option for THC products as he believes licensing would be safer for consumers so they know the kind of products they are consuming. The Council consensus was to move forward with an ordinance licensing tetrahydrocannabinol products in the City and directing staff to add consideration of a zoning ordinance regulating the location of retail establishments engaged in the sale of tetrahydrocannabinol products at an upcoming Planning Commission meeting. 47 City of Golden Valley City Council Regular Meeting July 19, 2022 – 6:30 pm 5 Motion by Sanberg, Second by Rosenquist to adopt first reading of Ordinance No. 741 amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Rosenquist, Second by Sanberg to direct staff to add consideration of a zoning ordinance regulating the location of retail establishments engaged in the sale of tetrahydrocannabinol products at an upcoming Planning Commission meeting and hold a public hearing regarding the same. Motion carried 5-0. B.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. C.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Sanberg, Second by M. Harris to adjourn the meeting at 10:00 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 48 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Additional Remote Locations:Due to out-of-state travel, Mayor Harris and Council Member Harris joined via Webex in accordance with Minnesota Statutes § 13D.02 from the following locations: Jackson Memorial Library, Community Room, 71 Main Street, Tenant's Harbor ME 04860 Austin Public Library, Room 509, 710 W Cesar Chavez Street, Austin, TX 78701 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, Physical Development Director Nevinski, and City Clerk Schyma C.Proclamation Recognizing Don and Mary Anderson Golden Valley Historical Society Liaison/Council Member La Mere-Anderson discussed the proclamation. Motion by La Mere-Anderson, Second by Rosenquist to support a proclamation recognizing Don and Mary Anderson. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 2.Additions and Corrections to Agenda August 3, 2022 –6:30 pm Council Chambers Hybrid Meeting 49 City of Golden Valley City Council Regular Meeting August 3, 2022 – 6:30 pm 2 Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 3.Consent Agenda Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised: removal of Item #3C1 - Accept Resignation from the Diversity, Equity, and Inclusion Commission and #3C2 - Approve Appointment to the Police Employment, Accountability, and Community Engagement (PEACE) Commission. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) A.Approval of Check Register B. Licenses: 1.Gambling License Exemption and Waiver of Notice Requirement – Church of St. Margaret Mary C. Boards, Commission, and Task Forces: 1.Accept Resignation from the Diversity, Equity, and Inclusion Commission 2.Approve Appointment to the Police Employment, Accountability, and Community Engagement (PEACE) Commission D.Bids, Quotes and Contracts: 1.Approve Emergency Storm Sewer Repair on Theodore Wirth Parkway by Valley-Rich Co., Inc. 2.Approve Contract for Replacement of Park Shelter Furnaces with Flare Heating and Air Conditioning 3.Approve Agreement with Breck School for Community Service Officer- Traffic Control E. Adopt Resolution No. 22-067 Approving Final Plat for Harold Avenue Addition F.Approve Sworn Peace Officer Hiring and Retention Incentive MOU between the City of Golden Valley and Law Enforcement Labor Service, Locals #27, #304, and #485 3. Items Removed From the Consent Agenda: 3C1. Accept Resignation from the Diversity, Equity, and Inclusion Commission Council Member La Mere-Anderson thanked Teresa Sit for her service on the commission. Motion by La Mere-Anderson, Second by M. Harris to accept the resignation of Teresa Sit from the Diversity, Equity, and Inclusion Commission. 50 City of Golden Valley City Council Regular Meeting August 3, 2022 – 6:30 pm 3 Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 3C2. Approve Appointment to the Police Employment, Accountability, and Community Engagement (PEACE) Commission Motion by Sanberg, Second by La Mere-Anderson to appoint Janet Frisch to the Police Employment, Accountability, and Community Engagement (PEACE) Commission. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 5.Old Business 6.New Business A.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Sanberg, Second by Rosenquist to adjourn the meeting at 7:05 pm. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 51 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Green, Parks and Recreation Director Birno, Recreation Coordinator Champa, Recreation Supervisor Stutzman, Public Works Director Kieffer, City Planner Campbell, and City Clerk Schyma C.Present Parks and Recreation Junior Leader Volunteers with Recognition of Service Recreation Director Birno, Recreation Coordinator Maddy Champa, Recreation Coordinator, and Recreation Supervisor John Stutzman presented awards to the four 2022 Junior Leader Volunteers - Gabrielle Battles, Francis Garry-Skujins, Casper Smith, and Lynn-Clara Tun. D.Recognition of Chloride Reduction Leadership Award Public Works Director Kieffer discussed the award. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. August 16, 2022 –6:30 pm Council Chambers Hybrid Meeting 52 City of Golden Valley City Council Regular Meeting August 16, 2022 – 6:30 pm 2 3.Consent Agenda Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3D1 - Approve Resolution No. 22-068 Accepting Donation of $2,000 From H&R Block and Nextdoor Through the Golden Valley One Good Deed Organization for the Tool Share Shed at the Golden Valley Community Garden at Medley Park. Motion carried 5-0. A.Approval of Check Register B. Licenses: 1.General Business License – New and Used Vehicle Sales Licenses C. Bids, Quotes and Contracts: 1.Approve Purchase of Five Public Safety Utility Interceptors 2.Approve Professional Services Agreement with Racially Conscious Collaboration 3.Approve Updated Law Enforcement Services Agreement with Hennepin County Sheriff’s Office 4.Approve Contract with Belcom, Inc. for Investigative Services D.Grants and Donations: 1.Approve Resolution No. 22-068 Accepting Donation of $2,000 From H&R Block and Nextdoor Through the Golden Valley One Good Deed Organization for the Tool Share Shed at the Golden Valley Community Garden at Medley Park E. Receive and File June 2022 Quarterly Financial Reports F.Approve Summary of Conclusion Regarding City Manager Performance Evaluation from Closed Executive Session on August 16, 2022 G.Approve Items Related to Central Park West, LLC: Adopt Resolution No. 22-069 Approval of Plat – Central Park West PUD No. 121 Third Addition Authorize the Mayor and City Manager to sign the PUD Permit for Central Park West PUD No. 121 Amendment #5, in a form acceptable to the City Attorney Approve the Assumption of the Development Agreement, First Amendment to Development Agreement, and Consent to Exemption from Assumption for Central Park West PUD No. 121 3. Items Removed From the Consent Agenda: 3D1. Approve Resolution No. 22-068 Accepting Donation of $2,000 From H&R Block and Nextdoor Through the Golden Valley One Good Deed Organization for the Tool Share Shed at the Golden Valley Community Garden at Medley Park The Council acknowledged the donation and discussed the ribbon cutting ceremony. 53 City of Golden Valley City Council Regular Meeting August 16, 2022 – 6:30 pm 3 Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-068 accepting an additional donation from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing A.Approve Ordinance No. 742 – Zoning Text Amendment - Regulation and Sale of Tetrahydrocannabinol Products City Planner Campbell presented the staff report Mayor Harris opened the public hearing. Cap O'Rourke, representing businesses that are currently selling THC items in Golden Valley, thanked Council and staff for their work on this ordinance. He further stated that he would like some clarification regarding “trace amounts” in the definition. Mayor Harris closed the public hearing The Council consensus was to amend the ordinance language relating to the definition of THC products. Motion by Sanberg, Second by M. Harris to adopt Ordinance No. 742 Amending City Code Sections 113-1: Definitions, 113-87: Summary Use Tables, and 113-92: Commercial Zoning District with an amendment to Section 1 of the ordinance relating to the definition of THC products to read: THC Products:Any product that contains more than trace amounts of tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72, as may be amended from time to time. Licensed product does not include medical cannabis as defined in Minnesota Statutes, section 152.22, subdivision 6, as may be amended from time to time. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business 54 City of Golden Valley City Council Regular Meeting August 16, 2022 – 6:30 pm 4 A.Consideration of Ordinances Related to the Licensing and Fee Schedule for the Sale of Tetrahydrocannabinol Products Second Consideration of Ordinance No. 741 Amending Chapter 16—Licensing to Add Article XIX. Tetrahydrocannabinol Products Approve Resolution No. 22-070 Authorizing Summary Publication of Ordinance No. 741 First Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments City Attorney Cisneros discussed the staff report, timeline for license applications, and the approval process. Police Chief Green answered questions about public safety-related concerns regarding THC retail establishments. This item is eligible for public input. Scott Farrel, representing Down in the Valley, thanked Council and staff for their work on this ordinance and stated he is in favor of licensing THC retailers. Cap O'Rourke, representing businesses that are currently selling THC items in Golden Valley, thanked Council and staff for their work on this ordinance. He further stated that he agrees with the text changes that were approved in Item #4A. The Council consensus was to amend the ordinance language relating to the definition of THC products. Motion by M. Harris, Second by Rosenquist to adopt second reading of Ordinance No. 741 amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products with an amendment the definition of THC products to read: THC Products:Any product that contains more than trace amounts of tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72, as may be amended from time to time. Licensed product does not include medical cannabis as defined in Minnesota Statutes, section 152.22, subdivision 6, as may be amended from time to time. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Rosenquist, Second by La Mere-Anderson to approve Resolution No. 22-070 authorizing summary publication of Ordinance No. 741. 55 City of Golden Valley City Council Regular Meeting August 16, 2022 – 6:30 pm 5 Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by Rosenquist to adopt first reading of Ordinance No. 743 amending the Master Fee Schedule to include licensing fees for Tetrahydrocannabinol (THC) Retail Establishments. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. C.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Sanberg, Second by M. Harris to adjourn the meeting at 9:47 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 56 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Deputy City Manager/HR Director Santelices, City Planner Campbell, Police Chief Green, Assistant Police Chief White, Planning Manager Zimmerman, Fire Chief Crelly, Physical Development Director Nevinski, Equity and Inclusion Manager Zackery, Community Connection and Outreach Specialist Williams, Finance Director Virnig, and City Clerk Schyma C.Swearing-in Ceremony for Police Chief Virgil Green Minnesota Attorney General Keith Ellison performed the swearing-in of Police Chief Virgil Green. 2.Additions and Corrections to Agenda Motion by Sanberg, Second by M. Harris to approve the meeting agenda as submitted. Motion carried 5-0. 3.Consent Agenda Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised: September 6, 2022 –6:30 pm Council Chambers Hybrid Meeting 57 City of Golden Valley City Council Regular Meeting September 6, 2022 – 6:30 pm 2 removal of Item #3D2 - Accept Resignation from the Open Space and Recreation Commission; #3E4 - Approve Contract with the State of Minnesota Institution Community Work Crew Program; #3F1 - Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the Rossborough Family to be Located at Natchez Park; and #3F2 - Adopt Resolution No. 22-072 Accepting a Donation for a Park Bench to be Located at Seeman Park Honoring Yankel Plotkin. Motion carried 5-0. A.Approval of Minutes – Special City Council Closed Executive Session – August 16, 2022 B.Approval of Check Register C. Licenses: 1.Approve Temporary On-Sale Liquor License – Good Shepherd Catholic Church 2.Approve Gambling License Exemption and Waiver of Notice Requirement – Community of Recovering People d/b/a The Retreat D. Boards, Commissions, and Task Forces: 1.Receive and File Meeting Minutes – Environmental Commission – June 27, 2022 2.Accept Resignation from the Open Space and Recreation Commission E. Bids, Quotes and Contracts: 1.Approve Agreement for Transportation and Disposal of Fill with M.B.E., Inc. 2.Approve Purchase of Two Bobcat Toolcats from Tri-State Bobcat Inc. 3.Approve Site Agreement Contract and Community Forestry Initiative Addendum with Reading & Math, Inc. DBA Ampact to Provide a Community Forestry Member 4.Approve Contract with the State of Minnesota Institution Community Work Crew Program 5.Approve Professional Services Agreement Amendment with WSB & Associates for Trunk Highway 55 Lift Station Relocation Project No. 20-18 6.Approve Contract with BKV for Fire Station Location Analysis and Public Safety Pre- Design 7.Approve Contract for Legal Services with Barna, Guzy & Steffen F.Grants and Donations: 1.Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the Rossborough Family to be Located at Natchez Park 2.Adopt Resolution No. 22-072 Accepting a Donation for a Park Bench to be Located at Seeman Park Honoring Yankel Plotkin G.Adopt Resolution No. 22-073 Approving Final Plat for Golden Valley Business Center Addition and Authorize the Mayor and City Manager to Sign the Right-of-Way Permit Addendum in a Form Approved by the City Attorney 3. Items Removed From the Consent Agenda: 3D2. Accept Resignation from the Open Space and Recreation Commission 58 City of Golden Valley City Council Regular Meeting September 6, 2022 – 6:30 pm 3 The Council thanked Bob Mattison for his years of service to the community. Motion by M. Harris, Second by Rosenquist to accept the resignation of Bob Mattison from the Open Space and Recreation Commission. Motion carried 5-0. 3E4. Approve Contract with the State of Minnesota Institution Community Work Crew Program Council Member Sanberg stated she has concerns about benefitting from the free labor of incarcerated individuals and recommended this item be tabled for discussion at a future work session. Motion by Sanberg, Second by Rosenquist to table the consideration of a contract with the State of Minnesota Institution Community Work Crew Program until the program can be discussed at a work session. Motion carried 5-0. 3F1. Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the Rossborough Family to be Located at Natchez Park The Council thanked the Rossborough family for their donation. Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-071 accepting the donation from the Rossborough Family for the addition of a tree at Natchez Park. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 3F2. Adopt Resolution No. 22-072 Accepting a Donation for a Park Bench to be Located at Seeman Park Honoring Yankel Plotkin The Council thanked the Rowan and Strupinski families for their donation. Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-072 accepting the donation from the Rowan and Strupinski families for the addition of a park bench at Seeman Park honoring Yankel Plotkin. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 59 City of Golden Valley City Council Regular Meeting September 6, 2022 – 6:30 pm 4 A.Public Hearing to Approve Resolution No. 22-074 to Vacate Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection Planning Manager Zimmerman presented the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-074 Vacating Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. A.Second Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments and Resolution No. 22-075 Authorizing Summary Publication of the Ordinance City Clerk Schyma discussed the staff report and upcoming licensing process for THC retail establishments. Motion by Rosenquist, Second by Sanberg to Approve Second Reading of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by M. Harris to approve Resolution No. 22-075 authorizing summary publication of Ordinance No. 743. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.First Consideration of Ordinance No. 744– Amending the Master Fee Schedule for the Addition of a Grant Administration Fee Planning Manager Zimmerman discussed the staff report. 60 City of Golden Valley City Council Regular Meeting September 6, 2022 – 6:30 pm 5 Motion by Rosenquist, Second by Sanberg to adopt First Consideration of Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration Fee. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) C.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. D.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by M. Harris, Second by Sanberg to adjourn the meeting at 7:27 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 61 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, Police Chief Green, Physical Development Director Nevinski, Finance Director Virnig, Fire Chief Crelly, Assistant Fire Chief Brunsell, Assistant Fire Chief Guzman, Environmental Resources Supervisor Eckman, City Planner Campbell, Sustainability Specialist Kehrberg, and City Clerk Schyma C.New Employee Introductions Fire Chief Crelly introduced Assistant Fire Chief Dom Guzman. Physical Development Director Nevinski introduced Sustainability Specialist Ethan Kehrberg D.Proclamation in Support of National Police Woman Day – September 12 Police Chief Green discussed the proclamation. Motion by M. Harris, Second by Rosenquist to support a proclamation in support of National Police Woman Day. Motion carried 5-0. September 20, 2022 –6:30 pm Council Chambers Hybrid Meeting 62 City of Golden Valley City Council Regular Meeting September 20, 2022 – 6:30 pm 2 2.Additions and Corrections to Agenda The Council consensus was to remove Item #3D2 - Appointments to the Business Advisory Committee and the Community Advisory Committee from the agenda for consideration at a future meeting. Motion by Rosenquist, Second by M. Harris to approve the agenda as amended. Motion carried 5-0. 3.Consent Agenda Motion by Sanberg, Second by La Mere-Anderson to approve the Consent Agenda as revised: removal of Item #3D1 - Board/Commission Appointments and #3F1 - Adopt Resolutions No. 22- 076, No. 22-077, No. 22-078, No. 22-079, and Approve TBRA and DEED Funding Disbursal Agreements. Motion carried 5-0. A.Approval of Minutes – Special City Council Closed Executive Session #1 – September 6, 2022; Special City Council Closed Executive Session #2 – September 6, 2022; and Special City Council Meeting – September 13, 2022 B.Approval of Check Register C. Licenses: 1.Approve General Business Licenses – THC Retail Establishments 2.Approve On-Sale Liquor License – Game Show Battle Rooms, 8836 7th Avenue North 3.Grant Local Approval for a Gambling Premises Permit for the Lions of Crystal at New Bohemia, Resolution No. 22-084 4.Gambling Exemption and Waiver of Notice – Chester Bird Post 523 – Sons of the American Legion D. Boards, Commissions, and Task Forces: 1.Board/Commission Appointments 2.Appointments to the Business Advisory Committee and the Community Advisory Committee (removed from meeting agenda) E. Bids, Quotes and Contracts: 1.Approve Agreement for Medley Park Storm Water Project with Peterson Companies, Inc. 2.Approve Affordable Housing Performance Agreement and Affordable Housing Plan for the Development of Artessa Cooperative F.Grants and Donations: 63 City of Golden Valley City Council Regular Meeting September 20, 2022 – 6:30 pm 3 1.Adopt Resolutions No. 22-076, No. 22-077, No. 22-078, No. 22-079, and Approve TBRA and DEED Funding Disbursal Agreements G.Adopt Resolution No. 22-080 Approving Final Plat for Artessa Golden Valley H.Approve Setting the Hearing Date for the Proposed Property Tax Levy Payable 2023 and 2023-2024 Budget on Tuesday, December 6, 2022, at 6:30 p.m. 3. Items Removed From the Consent Agenda: 3D1. Board/Commission Appointments Motion by M. Harris, Second by Rosenquist to make the following board/commission appointments: Kenna Brandt, Environmental Commission, youth term that expires in May 2023 David Scheie, Diversity, Equity, and Inclusion Commission, term that expires in April 2024 Motion carried 5-0. 3F1. Adopt Resolutions No. 22-076, No. 22-077, No. 22-078, No. 22-079, and Approve TBRA and DEED Funding Disbursal Agreements City Planner Campbell discussed the staff report and updates to the funding agreements that are discussed in Resolution No. 22-078 and Resolution No. 22-079. He stated that the changes have been reviewed and approved by the City Attorney. Staff recommended approval of the updated resolutions with the changes presented. Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-076 Accepting the Metropolitan Council Tax Base Revitalization Account (TBRA) Contamination Cleanup. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by M. Harris, Second by Sanberg to adopt Resolution No. 22-077 Accepting the Minnesota Department of Employment and Economic Development (DEED) Contamination Cleanup Grant. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by Rosenquist to adopt amended Resolution No. 22-078 Authorizing the Funding Disbursement Agreement between Golden Valley and United Properties LLC for Metropolitan Council TBRA Cleanup Grant. 64 City of Golden Valley City Council Regular Meeting September 20, 2022 – 6:30 pm 4 Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by Rosenquist to adopt amended Resolution No. 22-079 Authorizing the Funding Disbursement Agreement between Golden Valley and United Properties LLC for Minnesota DEED Cleanup Grant. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 5.Old Business 6.New Business All Ordinances and Resolutions listed under this heading are eligible for public input. A.Receive Public Input and Approve Resolution No. 22-081 Adopting the Proposed 2023- 2024 Budget and Proposed Tax Levies Payable in 2023 and Resolution No. 22-082 Consenting to the Proposed 2023 Housing and Redevelopment Levy Finance Director Sue Virnig discussed the staff report. Council Member Rosenquist thanked City Manage Cruikshank and Finance Director Virnig for their hard work on the proposed budget but stated she is not comfortable with the proposed increase. Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-081 for Proposed 2023-2024 Budget and Proposed Tax Levies Payable in 2023. Motion carried 4-1.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Sanberg. Opposed: Rosenquist) Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 22-082 Consenting to the Preliminary 2023 Housing and Redevelopment Proposed Levy. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.Second Consideration of Ordinance No. 744 – Amending the Master Fee Schedule for the Addition of a Grant Administration Fee and Resolution No. 22-083 Authorizing Summary Publication of the Ordinance City Planner/Grant Coordinator Campbell discussed the staff report. 65 City of Golden Valley City Council Regular Meeting September 20, 2022 – 6:30 pm 5 Motion by La Mere-Anderson, Second by Rosenquist to adopt Second Consideration of Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration Fee. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by M. Harris, Second by Rosenquist to Adopt Resolution No. 22-083 Approving the Summary Publication of Ordinance No. 744. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) C.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. D.Mayor and Council Communications 1. Other Committee/Meeting Updates 7.Adjournment Motion by Sanberg, Second by M. Harris to adjourn the meeting at 8:25 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 66 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere- Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, Physical Development Director Nevinski, Finance Director Virnig, Fire Chief Crelly, Assistant Police Chief White, Planning Manager Zimmerman, City Attorney Cisneros, and City Clerk Schyma C.Global Golden Valley Presentation of Ukrainian Flag Helene Johnson of Global Golden Valley and Dr. Irina Fursman presented a Ukrainian flag to the Golden Valley City Council and discussed recent fundraising efforts to provide aid to the Ukrainian people. D.Presentation by Hennepin EMS Medical Director Dr. Nick Simpson Dr. Nick Simpson, Hennepin EMS Medical Director, and Martin Scheerer, EMS Chief/Sr. Director of EMS, provided an overview of Hennepin EMS and were available for questions from the Council. E.Proclamation Observing October 10, 2022, as Indigenous Peoples’ Day City Manager Cruikshank discussed the proclamation. October 6, 2022 –6:30 pm Council Chambers Hybrid Meeting 67 City of Golden Valley City Council Regular Meeting October 6, 2022 – 6:30 pm 2 2. Motion by M. Harris, Second by Sanberg to support a proclamation in observance of October 10, 2022, as Indigenous Peoples’ Day Motion carried 5-0. Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted. Motion carried 5-0. 3.Consent Agenda Motion by Sanberg, Second by La Mere-Anderson to approve the Consent Agenda as revised: removal of Item #3C1 -Approve Appointments to the Business Advisory Committee and Community Advisory Committee; #3D2a - Authorize Professional Services Agreement with SEH, Inc. in the Form Approved by the City Attorney to Perform Preliminary Project Design and Adopt Resolution No. 22-085 Ordering Preparation of the Feasibility Report; #3E1 - Approve Resolution No. 22-087 Accepting a Donation for GVPD’s Trunk ‘n’ Treat Outreach Event From the Golden Valley Crime Prevention Fund; and #3F - Adopt Resolution No. 22-088 to Appoint Additional Election Judges for the November 8, 2022, General Election. Motion carried 5-0. A.Approval of Minutes – Special City Council Meeting – September 20, 2022 B.Approval of Check Register C. Boards, Commissions, and Task Forces: 1.Approve Appointments to the Business Advisory Committee and Community Advisory Committee D. Bids, Quotes and Contracts: 1.Approve Purchase of Three Marked Public Safety Vehicles from Tenvoorde Ford 2.2024 Pavement Management Program: a. Authorize Professional Services Agreement with SEH, Inc. in the Form Approved by the City Attorney to Perform Preliminary Project Design and Adopt Resolution No. 22-085 Ordering Preparation of the Feasibility Report b. Adopt Resolution No. 22-086 Relating to the Financing of the City’s 2024 Pavement Management Program E. Grants and Donations: 1.Approve Resolution No. 22-087 Accepting a Donation for GVPD’s Trunk ‘n’ Treat Outreach Event From the Golden Valley Crime Prevention Fund F.Adopt Resolution No. 22-088 to Appoint Additional Election Judges for the November 8, 2022, General Election 68 City of Golden Valley City Council Regular Meeting October 6, 2022 – 6:30 pm 3 G.Adopt Resolution No. 22-089 Waiving the Public Hearing and Ordering Certification of Special Assessments – 2022 Sanitary Sewer Repairs H.Adopt Resolution No. 22-090 Waiving the Public Hearing and Ordering Certification of Special Assessments – 2022 Driveways I.Adopt Resolution No. 22-091 Approving Easement Acquisitions for Douglas Drive and TH 55 Underpass and Roundabout 3.Items Removed From the Consent Agenda: 3C1. Approve Appointments to the Business Advisory Committee and Community Advisory Committee Motion by Rosenquist, Second by La Mere-Anderson to appoint John Dunn and Steve Spaulding to the Community Advisory Committee. Motion carried 5-0. 3D2a. Authorize Professional Services Agreement with SEH, Inc. in the Form Approved by the City Attorney to Perform Preliminary Project Design and Adopt Resolution No. 22-085 Ordering Preparation of the Feasibility Report Mayor Harris discussed resident grass complaints. Physical Development Director Nevinski discussed the process and timeline. Motion by Rosenquist, Second by Sanberg to authorize the Mayor and City Manager to execute the 2024 Pavement Management Program Professional Services Agreement with Short Elliott Hendrickson, Inc. in the form approved by the City Attorney to perform preliminary project design for the 2024 Pavement Management Program in an amount not to exceed $439,900. Motion carried 5-0. Motion by Rosenquist, Second by Sanberg to Adopt Resolution No. 22-085 Ordering Preparation of the Feasibility Report for the 2024 Pavement Management Program. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 3E1. Approve Resolution No. 22-087 Accepting a Donation for GVPD’s Trunk ‘n’ Treat Outreach Event From the Golden Valley Crime Prevention Fund 69 City of Golden Valley City Council Regular Meeting October 6, 2022 – 6:30 pm 4 Assistant Police Chief White discussed the upcoming event. The Council recognized the donation and stated their appreciation. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-087 accepting the donation from the Golden Valley Crime Prevention Fund for the GVPD Trunk ‘n’ Treat Outreach Event. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 3F.Adopt Resolution No. 22-088 to Appoint Additional Election Judges for the November 8, 2022, General Election City Clerk Schyma provided an update on the election. Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 22-088 approving the appointment of Election Judges for the General Election to be held on November 8, 2022. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4. Public Hearing A.Public Hearing and Approve Resolution No. 22-092 Adopting and Confirming Assessment for Delinquent 2022 Utility Bills. Finance Director Virnig presented the staff report. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-092 Adopting and Confirming Assessments for Delinquent 2022 Utility Bills. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.Public Hearing and Approve Resolution No. 22-093 Adopting and Confirming Assessments for Delinquent 2022 Miscellaneous Charges Finance Director Virnig presented the staff report. 70 City of Golden Valley City Council Regular Meeting October 6, 2022 – 6:30 pm 5 Mayor Harris opened the public hearing. Jim Keegan, 1816 Independence Avenue, stated he hadn’t received a notice of past due bill and that the charges were from the previous owner. As this assessment was from the Public Hearing for Item #6A the Council referred Mr. Keegan to Finance Director Virnig to discuss options for the assessment. Mayor Harris closed the public hearing. Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-093 Adopting and Confirming Assessments for Delinquent 2022 Miscellaneous Charges. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) C. Public Hearing for Preliminary Plan for Minor Consolidation at 4501 Merribee Drive Planning Manager Zimmerman discussed the staff report. The homeowner of 4501 Meribee Drive was present and available for questions from the Council. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by La Mere-Anderson, Second by Rosenquist to approve the Preliminary Plan for the proposed minor consolidation at 4501 Merribee Drive, subject to the following conditions: 1. All required drainage and utility easements shall be included on the final plat. 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Motion carried 5-0. D.Public Hearing for Conditional Use Permit No. 173 to Allow for the Operation of a Drive- thru Facility at 650 Douglas Drive North, Ordinance No. 745 Planning Manager Zimmerman discussed the staff report. A representative from Baxter Credit Union was present and available for questions from the Council. 71 City of Golden Valley City Council Regular Meeting October 6, 2022 – 6:30 pm 6 Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. Motion by La Rosenquist, Second by Sanberg to adopt Ordinance No. 745, Approval of Conditional Use Permit Number 173 allowing for the operation of a drive-thru facility at 650 Douglas Drive North, with the following condition: 1. Four bicycle spaces, available for use by the public, shall be provided. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business A.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Sanberg, Second by M. Harris to adjourn the meeting at 8:42 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 72 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, and Gillian Rosenquist Absent:Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Physical Development Director Nevinski,Green Corp Member Muehleis,and City Clerk Schyma C.New Employee Introduction Physical Development Director Nevinski introduced Mars Muehleis, Green Corp Member. D.Minneapolis Regional Chamber Update Hanna Zinn, Public Policy Manager at the Minneapolis Regional Chamber, provided an update on Chamber activities. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted. Motion carried 4-0. 3.Consent Agenda October 18, 2022 –6:30 pm Council Chambers Hybrid Meeting 73 City of Golden Valley City Council Regular Meeting October 18, 2022 – 6:30 pm 2 Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Item #3E1 -Adopt Resolution No. 22-094 Accepting Donations from the Pohlad Group and Global Golden Valley. Motion carried 4-0. A.Approval of Minutes – Special City Council Meeting – October 6, 2022 B.Approval of Check Register C.Licenses: 1.Approve New On-Sale Wine and Beer License – Nong’s Thai Cuisine 2.Approve Gambling License Exemption and Waiver of Notice Requirement – Sons of the American Legion Post 523 D. Bids, Quotes and Contracts: 1.Approve Purchase of One Marked Police F-150 Responder From Guardian Fleet Safety E. Grants and Donations: 1.Adopt Resolution No. 22-094 Accepting Donations from the Pohlad Group and Global Golden Valley F.Adopt Resolution No. 22-095 Approving Golden Valley Fire Department Relief Association By-Law Pension Amount and Terms of Pension Steps G.Adopt Resolution No. 22-096 Authorizing Payment to the LockUp Golden Valley LLC and Approving Temporary and Permanent Easements for the Douglas Drive and TH 55 Pedestrian Underpass and Roundabout Project 3. Items Removed From the Consent Agenda: 3E1. Adopt Resolution No. 22-094 Accepting Donations from the Pohlad Group and Global Golden Valley Council Member La Mere-Anderson recognized the donations and stated the Council’s appreciation. Motion by La Mere-Anderson, Second by Rosenquist to approve Resolution No. 22-094 Accepting the Donation of $500 from the Pohlad Group and a Ukrainian Flag from Global Golden Valley. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist. Opposed: N/A) 4.Public Hearing 5.Old Business 74 City of Golden Valley City Council Regular Meeting October 18, 2022 – 6:30 pm 3 6.New Business A.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by M. Harris, Second by La Mere-Anderson to adjourn the meeting at 7:11 pm. Motion carried 4-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 75 REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. A.Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. B.Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Virnig, Planning Manager Zimmerman, City Planner Campbell, and City Clerk Schyma 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. 3.Consent Agenda Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised: removal of Item #3B1 - Approve Appointment to Bassett Creek Watershed Management Commission; #3B2 - Accept Resignation from the Diversity, Equity, and Inclusion Commission; #3B3 - Accept Resignation from the Human Services Commission; and #3D1 - Adopt Resolution No. 22-098 Accepting the Donation for the Medley Park Community Garden from Hennepin County and the Active Living Equipment Fund Grant. Motion carried 5-0. November 1, 2022 –6:30 pm Council Chambers Hybrid Meeting 76 City of Golden Valley City Council Regular Meeting November 1, 2022 – 6:30 pm 2 A.Approval of Check Register B.Boards, Commissions, Task Forces 1. Approve Appointment to Bassett Creek Watershed Management Commission 2. Accept Resignation from the Diversity, Equity, and Inclusion Commission 3. Accept Resignation from the Human Services Commission C.Bids, Quotes, and Contracts: 1.Adopt Resolution No. 22-097 Approving a 10-Year Commitment for LOGIS ERP and Utility Billing Software 2.Approve Amendment No. 1 to the Joint Powers Agreement with Hennepin County regarding 911 Embedded Social Worker Program D. Grants and Donations: 1.Adopt Resolution No. 22-098 Accepting the Donation for the Medley Park Community Garden from Hennepin County and the Active Living Equipment Fund Grant E. Adopt Resolution No. 22-099 Waiving the Public Hearing and Certification of Special Assessments 2022-1 Sanitary Sewer Repairs F.Adopt Resolution No. 22-100 to Approve Local Housing Incentives Account (LHIA) Affordable Homeownership Pilot Application to the Metropolitan Council for the Home Ownership Program for Equity (HOPE) G.Approve a One-Year Extension of Zoning Code Variance for 1109 Winnetka Avenue North 3. Items Removed From the Consent Agenda: 3B1. Approve Appointment to Bassett Creek Watershed Management Commission The Council thanked all applicants for their interest in serving the community. Motion by Rosenquist, Second by La Mere-Anderson to appoint Paula Pentel to the Bassett Creek Watershed Management Commission. Motion carried 5-0. 3B2. Accept Resignation from the Diversity, Equity, and Inclusion Commission Council Member Harris thanked Melissa Johnson for her service on the commission. Motion by M. Harris, Second by Sanberg to accept the resignation of Melissa Johnson from the Diversity, Equity, and Inclusion Commission. Motion carried 5-0. 3B3. Accept Resignation from the Human Services Commission 77 City of Golden Valley City Council Regular Meeting November 1, 2022 – 6:30 pm 3 Council Member La Mere-Anderson thanked Mary McCormick for her service on the commission. Motion by La Mere-Anderson, Second by Rosenquist to accept the resignation of Mary McCormick from the Human Services Commission. Motion carried 5-0. 3D1. Adopt Resolution No. 22-098 Accepting the Donation for the Medley Park Community Garden from Hennepin County and the Active Living Equipment Fund Grant Council Member Harris discussed the donation and grant process. Motion by M. Harris, Second by Sanberg to adopt Resolution No. 22-098 Accepting the Donation for the Medley Park Community Garden from Hennepin County and the Active Living Equipment Fund Grant. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing A.Amending the Zoning Code in Order to establish Regulations Regarding Accessory Dwelling Units, Ordinance No. 745 and Resolution No. 22-101 Planner Campbell discussed the staff report and the recommendation of amending the purpose statement as proposed by staff in the agenda packet. Mayor Harris opened the public hearing. Cathy Waldhauser, 3220 Orchard, spoke in favor of allowing accessory dwelling units in Golden Valley. Ruth Paradise, 8515 Duluth Street, spoke in favor of allowing accessory dwelling units and how it could help provide affordable housing options in Golden Valley. Lori Levin, 240 Brunswick Avenue South, spoke in favor of allowing accessory dwelling units and how it could help provide affordable housing options in Golden Valley. Mayor Harris closed the public hearing The Council consensus was to amend the ordinance to change the purpose statement as proposed by staff in the agenda packet. 78 City of Golden Valley City Council Regular Meeting November 1, 2022 – 6:30 pm 4 Motion by Rosenquist, Second by La Mere-Anderson to adopt Ordinance No. 745 – Amending the Zoning Code in Order to establish Regulations Regarding Accessory Dwelling Units with amended purpose statement as proposed by staff in the agenda packet. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Sanberg, Second by M. Harris to approve Resolution No. 22-101 authorizing summary publication of Ordinance No. 745 Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business A.First Consideration to Approve Ordinance No. 746 Establishing a 2023 Master Fee Schedule Finance Director Virnig discussed the staff report. Motion by M. Harris, Second by La Mere-Anderson to adopt First Consideration of Ordinance No. 746, Establishing a 2023 Master Fee Schedule. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) B.First Consideration to Approve Ordinance No. 747 Eliminating Licensing for Amusement Devices City Clerk Schyma discussed the staff report. Motion by Sanberg, Second by M. Harris to adopt first consideration of Ordinance No. 747, Repealing Article IV of the City Code Relating to the Licensing of Amusement Devices Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) C.Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 79 City of Golden Valley City Council Regular Meeting November 1, 2022 – 6:30 pm 5 D.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 8:11 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 80 January 17, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Green, Housing and Economic Development Manager Shoquist, Finance Director Virnig, Fire Chief Crelly, Public Works Director Kieffer, Environmental Resources Supervisor Eckman, Community Connection and Outreach Specialist Williams, and City Clerk Schyma 1C. Certificate of Appreciation for Rev. Richard Buller of Valley Community Presbyterian Church Mayor Harris discussed the certificate of appreciation and Reverend Buller’s service to the community. Mayor Harris stated that he will be delivering the certificate to a celebration at Valley Community Presbyterian Church on January 29, 2023. 2.Additions and Corrections to Agenda Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted. Motion carried 5-0. 3.Consent Agenda Motion by Rosenquist, Second by La Mere-Anderson to approve the Consent Agenda as revised: removal of Item #3D2 -Receive and File Statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission and #3F -Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements. 81 Motion carried 5-0. 3A.Approval of Regular City Council Meeting Minutes of January 3, 2023 3B.Approval of Check Registers 3C.Licenses: 3C.1. Approve On-Sale Liquor License with Sunday Sales - JLD Group LLP, 1301 Theodore Wirth Parkway 3D.Boards, Commissions, and Task Forces: 3D.1. Approve Resolution No. 23-005 - Appointment to the Joint Water Commission 3D.2. Receive and File Statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission 3E.Bid, Quotes, and Contracts: 3E.1. Adopt Resolution No. 23-004 Authorizing Construction Cooperative Agreement with Metropolitan Council Environmental Services (MCES) for Douglas Drive/TH 55 Pedestrian Underpass and Mini Roundabout Project 3E.2. Authorize Master Agreement for Product and Services with ESRI 3E.3. Approve Engagement Letter - Auditing Services for 2022 Fiscal Year 3F.Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements 3. Items Removed From the Consent Agenda: 3D.2. Receive and File Statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission Roslyn Harmon, Co-Chair of the PEACE Commission, read the statement to the Council regarding the City-initiated investigation into a Human Resources complaint and alleged data breach in the Police Department. Charlie Quimby and Henry Crosby, PEACE Commission members, discussed the community engagement process, focus of the commission, and activities of the past year. Community Connection and Outreach Specialist Williams and Police Chief Green discussed opportunities for community engagement events. The City Council thanked all members of the PEACE Commission for the challenging work they have completed in their first year and their dedication to the community. The Council reiterated their support for the commission and the importance of the work they are doing. Motion by Sanberg, Second by M. Harris to receive and file statement from the Police Employment, Accountability, & Community Engagement (PEACE) Commission. Motion carried 5-0. 3F. Approve Resolution No. 23-006, Supporting the Authority to Impose a Local Sales Tax to Fund Specific Capital Improvements 82 Housing and Economic Development Manager Shoquist introduced the item and staff that are available for questions. Finance Director Virnig and Doug Green, Baker Tilly representative, discussed the resolution and overall process for the City having the ability to impose a local sales tax to fund specific capital improvements. They further discussed the Council’s options in terms of percentage of sales tax to include on the resolution. Council Member Harris asked for the ages of current City buildings and how much more reasonable life can we get out of these buildings. Council Member Rosenquist stated the need is urgent for these facilities and stated that a significant amount of time, labor, and money is lost to inefficiencies. Public Works Director Kieffer discussed the age of the buildings, damage to the current buildings, and lack of equitable bathroom facilities on site. He stated that equipment has changed over the past 50 years and the buildings are bursting at the seams. Fire Chief Crelly discussed employee health and safety issues in current City buildings. The City needs to protect the health of employees so they can do the jobs they are hired to do. The Council consensus was to amend the resolution by increasing the percentage of local sales tax from 0.75 percent to 1.25 percent. The increased percentage would generate $6.25 million annually rather than 3.42 million annually. Motion by M. Harris, Second by Rosenquist to amend Resolution No. 23-006 by: Amending the ninth “whereas” clause to read “WHEREAS, the Minnesota Department of Revenue’s estimate for the City of Golden Valley estimates that a local sales tax of 1.25 percent would generate $6.25 million annually.”; and Amending the first sentence in the first “therefore” clause to read “NOW, THEREFORE, BE IT RESOLVED THAT the City Council supports the authority to impose a general local sales tax of 1.25 percent for a period of 30 years to fund the aforementioned project(s).” Motion carried 5-0. Motion by Rosenquist, Second by M. Harris to approve Resolution No. 23-006 as amended, Supporting the Authority to Impose a Local Sales Tax to fund specific capital Improvements that provide regional benefit, to establish the duration of the tax and the revenue to be raised by the tax, and to authorize the City of Golden Valley to issue bonds supported by the sales tax revenue. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 5.Old Business 6.New Business 83 6A. First Consideration of Salt Storage Ordinance No. 757 Environmental Resources Supervisor Eckman presented the staff report and discussed the reasoning for adding Section 10-5 to the City Code relating to salt storage. Mayor Harris opened the item for public comment. No one requested to speak. Motion by Rosenquist, Second by La Mere-Anderson to adopt the first consideration of Ordinance No. 757 adding Section 10-5 Salt Storage at Commercial, Industrial, and Institutional Facilities to City Code Chapter 10 Environment and Nuisances. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 6B. First Consideration of Updated Stormwater Management Ordinance No. 758 Environmental Resources Supervisor Eckman presented the staff report and discussed the need for updating the City’s stormwater management ordinance in order to be compliant with federal and state watershed policies. Mayor Harris opened the item for public comment. No one requested to speak. Motion by M. Harris, Second by Sanberg to adopt the first consideration of Ordinance No. 758 amending Chapter 107 of the Golden Valley City Code to update language regarding the City's stormwater management. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 6C. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6D. Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment Motion by Sanberg, Second by M. Harris to adjourn the meeting at 9:02 pm. Motion carried 5-0. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 84 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 01-13-23 Check Register 01-27-23 Check Register 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 pad by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 85 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3C.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 Prepared By Theresa Schyma, City Clerk Summary The Sons of the American Legion Post 523 have applied for a Gambling License Exemption to conduct gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on March 31, 2023. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on March 31, 2023. 86 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3D.1. Police Employment, Accountability, & Community Engagement (PEACE) Commission Appointment Prepared By Tara Olmo, Executive Assistant Summary At several meetings in the past year, the Council conducted interviews of individuals who were interested in serving on the PEACE Commission. The Council interviewed an additional applicant and discussed all current applications at a special meeting on February 7, 2023 to decide which candidate will be appointed to fill a vacancy on the PEACE Commission. Legal Considerations This item does not require legal review. Equity Considerations The PEACE Commission bylaws state that "In making appointments to the commission, the Council shall endeavor to maintain a membership that reflects the many different social identities represented in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, socioeconomic status, or familial status." Recommended Action Motion to appoint an applicant to the vacant position on the Police Employment, Accountability, & Community Engagement (PEACE) Commission with a term that expires in April 2024. 87 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.1. Approve Purchase of Gate Valves and Parts from Boys Water Products Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The City contracts water distribution repairs annually in conjunction with mill and overlay projects. The City purchases the valves and parts to reduce costs by eliminating sales tax or mark-ups the contractor may impose. Purchasing the gate valves and parts now ensures timely delivery before the projects commence. 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. Staff solicited quotes for the gate valves and parts. Three quotes were received and are below: Vendor Amount Boys Water Products $82,984.68 Core & Main $92,267.20 Dakota Supply Group $86,558.45 Financial or Budget Considerations The 2023-2032 Water and Sanitary Sewer Capital Improvement Program includes $175,000 in 2023 for mill and overlay water repairs (W&SS-051). Legal Considerations The proposed valves and parts will be purchased using the competitive low bid process. Equity Considerations Boys Water Products is a Minnesota certified Disadvantaged, Small, and Women Business Enterprise. Recommended Action Motion to approve purchase of gate valves and parts from Boys Water Products in the amount of $82,984.68. Supporting Documents Boys Water Products Quote 88 Core & Main Quote Dakota Supply Group Quote 89 “Your Project is Our Project” 34876 US Highway 169, Le Sueur, MN 56058 1109 Stagecoach Road, Shakopee, MN 55379 Phone: 507-665-5119 www.boyswaterproducts.com Estimate Quote #: Q-5657 Date: 1/16/2023 FOB: Freight Allowed Job Name: Location: City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 dgoddard@goldenvalleymn.gov 763-593-8038 Engineer: Plan Room: Bid Date & Time: Quoted by: James 612-239-7804 Item #Qty Description Rate Total 4 EA 12" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $3,037.89 $12,151.56 7 EA 8" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $1,599.74 $11,198.18 22 EA 6" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $1,044.12 $22,970.64 1 EA 4" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK $893.25 $893.25 1 EA 4" MJ DI L/P Sleeve FBE USA (25#)$139.968 $139.97 22 EA 6" MJ DI L/P Sleeve FBE USA (40#)$164.46 $3,618.12 7 EA 8" MJ DI L/P Sleeve FBE USA (55#)$225.00 $1,575.00 4 EA 12" MJ DI L/P Sleeve FBE USA (81#)$464.22 $1,856.88 4 EA 4" MJ Restrained Gland DI-USA $30.40 $121.60 4 EA 4" MJ Plain Rubber Gasket $7.13 $28.52 88 EA 6" MJ Restrained Gland DI-USA $34.29 $3,017.52 88 EA 6" MJ Plain Rubber Gasket $6.40 $563.20 28 EA 8" MJ Restrained Gland DI-USA $52.34 $1,465.52 28 EA 8" MJ Plain Rubber Gasket $7.72 $216.16 16 EA 12" MJ Restrained Gland DI-USA $112.70 $1,803.20 16 EA 12" MJ Plain Rubber Gasket $10.67 $170.72 544 EA 3/4"x3-1/2" MJ Bolt/Nut Cor-Blue $4.62 $2,513.28 296 EA 3/4"x4" MJ Bolt/Nut Cor-Blue $5.06 $1,497.76 34 EA TU Type G Valve Box-USA $390.00 $13,260.00 34 EA Rubber #6 Base Valve Box Adapter $115.40 $3,923.60 DISCOUNT $0.00 TOTAL $82,984.68 Signature_____________________________________________ Quotations on named goods only. FOB Boys Water Products unless otherwise noted. Acceptance of this quotation is acceptance of company Terms and Conditions. Prices do not local, state, or federal taxes. All quantities to be verified before shipment. All pipe is sold in full lengths only and all fabric is sold in full rolls only. Prices to be held on estimated quantities only. Any additions are subject to price increases. Certified DBE in MN, ND, SD; TGB; CERT SBE and WBE 90 Seq#Qty Descripon Units Price Ext Price DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS, MATERIALS ARE SUBJECT TO PRICING AT TIME OF SHIPMENT. MATERIAL AVAILABILITY AND TIMELINESS OF SHIPMENTS CANNOT BE GUARANTEED. THIS TERM SUPERSEDES ALL OTHER CONTRACTUAL PROVISIONS. 10 4 12" MJ GATE VALVE EA 3,642.95 14,571.80 20 7 8" MJ GATE VALVE EA 1,846.70 12,926.90 30 22 6" MJ GATE VALVE EA 1,160.50 25,531.00 40 1 4" MJ GATE VALVE EA 908.99 908.99 50 1 4" MJ LONG SLEEVE EPOXY USA EA 138.31 138.31 60 22 6" MJ LONG SLEEVE EPOXY USA EA 208.89 4,595.58 70 7 8" MJ LONG SLEEVE EPOXY USA EA 274.70 1,922.90 80 4 12" MJ LONG SLEEVE EPOXY USA EA 517.93 2,071.72 90 4 4" MJ DI RESTRAINT EA 31.40 125.60 100 4 4" MJ GASKET EA 9.50 38.00 110 88 6" MJ DI RESTRAINT EA 36.97 3,253.36 120 88 6" MJ GASKET EA 10.21 898.48 130 28 8" MJ DI RESTRAINT EA 56.41 1,579.48 140 28 8" MJ GASKET EA 10.35 289.80 150 16 12" MJ DI RESTRAINT EA 121.49 1,943.84 160 16 12" MJ GASKET EA 15.84 253.44 170 544 3/4"X3-1/2" BLUE MJ BOLT & NUT EA 5.25 2,856.00 180 296 3/4" X 4" BLUE MJ BOLT & NUT EA 5.75 1,702.00 190 34 "G" VALVE BOX EA 490.00 16,660.00 Sub Total 92,267.20 Tax 0.00 Total 92,267.20 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: hps://coreandmain.com/TandC/ 01/25/2023 - 10:48 AM Actual taxes may vary Page 2 of 2 GOLDEN VALLEY CITY OF Bid Date: 01/25/2023 Core & Main 2731028 Core & Main 15800 W 79th St Eden Prairie, MN 55344 Phone: 952-937-9666 Fax: 952-937-8065 Bid Proposal for 2024 OVERLAY VALVE PROJECT 91 CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 DAKOTA SUPPLY GROUP - SXFW 2219 EAST BENSON RD SIOUX FALLS, SD 57104 Phone 605-336-8884 Fax 605-336-2392 Quotation CUSTOMER NUMBER CUSTOMER PO NUMBER JOB NAME / RELEASE NUMBER SALESPERSON SHIP VIA TERMS QUOTE DATE FREIGHT ALLOWED Jeff Schany WILL CALL 01/18/2023Net 25th Prx 21698 2024 OVERLAY PROJECT ORDER QTY DESCRIPTION Unit Price EXT PRICE QUOTE TO: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD ATTN FINANCE DEPT GOLDEN VALLEY, MN 55427-4588 SHIP TO: No ORDERED BY EXPIRATION DATE PAGE NO. QUOTE NUMBER S10244730101/23/2023 1 of 1 WRITER Jeff Schany jeff.schany@dsgsupply.com PART NO 12" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)4ea 3150.000/ea 12600.00515892 8" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)7ea 1575.000/ea 11025.00406743 6" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)22ea 1055.000/ea 23210.00406742 4" MJ S65 RW GATE VALVE OL W/ BRONZE NUT (AVK)1ea 900.000/ea 900.00515901 4" MJ LONG SLEEVE FBE DOMESTIC1ea 136.903/ea 136.90159042 6" MJ LONG SLEEVE FBE DOMESTIC22ea 206.770/ea 4548.94111128 8" MJ LONG SLEEVE FBE DOMESTIC7ea 271.918/ea 1903.42173853 12" MJ LONG SLEEVE FBE DOMESTIC4ea 512.678/ea 2050.71159049 4" MJ EBAA MEGALUG DIP DOMESTIC4ea 29.471/ea 117.8848077 4" MJ PLAIN RUBBER GASKET4ea 8.852/ea 35.4136234 6" MJ EBAA MEGALUG DIP DOMESTIC88ea 34.686/ea 3052.3648085 6" MJ PLAIN RUBBER GASKET88ea 8.852/ea 778.9836243 8" MJ EBAA MEGALUG DIP DOMESTIC28ea 52.940/ea 1482.3248102 8" MJ PLAIN RUBBER GASKET28ea 9.959/ea 278.8436253 12" MJ EBAA MEGALUG DIP DOMESTIC16ea 114.000/ea 1824.0048115 12" MJ PLAIN RUBBER GASKET16ea 16.599/ea 265.5836270 3/4"X 3-1/2" COR-BLUE MJ T-BOLT w/HEAVY NUT544ea 7.535/ea 4099.2021206 3/4"X 4" COR-BLUE MJ T-BOLT w/HEAVY NUT296ea 5.701/ea 1687.5545207 6860 G VALVE BOX COMPLETE(DOMESTIC) (LIDW+26THD+24EXT+36B+#6BASE) 34ea 487.099/ea 16561.36 Kit Components 1 36B 6860 HD VALVE BOX BOTTOM(G) (DOMESTIC) 1 26T 26" HD VALVE BOX TOP (DOMESTIC) 1 #60 24" HD VALVE BOX EXT 6850/6860(SCREW TYPE)(DOMESTIC) 1 #6 HD VALVE BOX BASE (DOMESTIC) 1 5-1/4" HD DROP LID (WATER) (DOMESTIC) Subtotal S&H Charges Amount Due 86558.45 0.00 86558.45 Printed By: JEFSCHA on 1/18/2023 4:22:25 PM CST TAX IS NOT INCLUDED IN PRICE ON BID/QUOTE All quotations are made in accordance with our interpretation of the plans and specifications and include only the materials listed, subject to correction for errors. Deviations in quantities may modify prices quoted. Unless otherwise noted: all prices are subject to change without notice and are void unless accepted within 30-days from the date. In the event of a price increase, any unfilled portion of any order will be billed at the price in effect at the time of shipment. DSG shall not be liable for failure to deliver or delivery performance due to causes beyond our reasonable control. A Summary of DSG standard terms & conditions of sales can be found at www.dsgsupply.com/terms.92 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.2. Authorize the City Manager to Sign an Election Equipment Lease Agreement with Hennepin County in a Form Approved by the City Attorney Prepared By Theresa Schyma, City Clerk Summary The City of Golden Valley leases elections equipment from Hennepin County for use at all regular and special elections that may occur during any given year. Currently the City has two separate lease agreements with Hennepin County - an agreement for the use of ballot tabulators and assistive voting equipment was signed in 2013 and an agreement for the use of poll pads was signed in 2016. Elections technology has changed over the past 10 years and for this reason Hennepin County is updating all lease agreements for elections equipment. The updated lease agreement is a combined lease agreement to include all elections equipment in one document. This agreement lays out the terms for leasing county-owned or county-leased equipment to the City of Golden Valley. The terms and conditions are generally the same with only minor changes. This updated lease agreement is set to last from March 1, 2023 – February 28, 2031. Updating the lease agreement will accomplish the following: Combining all election equipment into one lease agreement instead of two separate agreements Accounting for the change of assistive voting equipment from AutoMARK to OmniBallot Tablets Including current companies in the list of maintenance vendors Updating equipment numbers, expiration dates, and contract numbers Financial or Budget Considerations The ballot tabulator maintenance fee has increased from $187.60 annually to $206.00 annually. This pricing begins with the invoices the City will receive at the end of 2023. The increase is minimal but will be factored into next year’s projected election budget. Legal Considerations The City Attorney has reviewed and approved the updated lease agreement with Hennepin County. Equity Considerations Hennepin County works with all Election Officials in their boundaries before purchasing or leasing elections equipment to ensure that any new technology will provide a smooth and fully accessible 93 voting experience for all voters. Recommended Action Motion to authorize the City Manager to sign an election equipment lease agreement with Hennepin County in a form approved by the City Attorney. Supporting Documents 2023 Election Equipment Lease Agreement - Golden Valley 2013-10-15 - Election Equipment Lease Agreement A-131239 2016-06-06 - KNOWink Poll Pad Equipment Agreement 94 Agreement No. ####  HENNEPIN COUNTY/CITY OF Golden Valley    LEASE AGREEMENT   THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF Golden  Valley both political subdivisions of the State of Minnesota, hereinafter referred to as the “County” and  the “City” respectively. For purposes of this Agreement, the address of the County is A2300 Government  Center, Minneapolis, Minnesota 55487 and the address of the City is 7800 Golden Valley Rd, Golden  Valley MN 55427.    PREAMBLE   WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99‐6‐426  authorized the purchase of ES&S election equipment for a countywide digital scan voting system,  election hardware and services; and    WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 20‐0039  authorized the purchase of Assistive Voting Devices (hereinafter “AVT Equipment”) using the County’s  Joint Powers Agreement with Minnesota Counties Computer Cooperative (MnCCC); MnCCC holds the  agreement with SeaChange (including Democracy Live).   WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 16‐0064  authorized the purchase of Poll Book Equipment (hereinafter “Poll Book Equipment”) for election  hardware and services; and   WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer property to the  City for its use; and   WHEREAS, the County and the City are parties to an agreement for the lease of various election  equipment and the County and City desire to terminate that lease agreement and replace it with this  agreement ####.   WHEREAS, the County and the City are parties to an agreement for the lease of Poll Book  Equipment and the County and City desire to terminate that lease agreement and replace it with this  agreement ####.    WHEREAS, the County desires to lease various ES&S election equipment, AVT Equipment, and  Poll Book Equipment (collectively herein “Election Equipment”) to the City and City desires to lease said  Election Equipment from County for use in all elections conducted in Hennepin County.    NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set  forth, the County and the City agree as follows:  Section 1  95 TERMINATION AND REPLACEMENT OF EXISTING AGREEMENTS BETWEEN COUNTY AND CITY  The agreement between the County and City for the lease of various election equipment is terminated  and replaced by this Agreement ####.  The agreement between the County and City for the lease of poll book equipment is terminated and  replaced by this Agreement ####.  Section 2  SCOPE OF AGREEMENT  2.1 The County hereby leases to the City at the cost identified below and subject to the terms and  conditions of this Agreement, and the City hereby agrees to lease from the County Election  Equipment for use within the City identified as:  a. 9 DS200 Digital Scan Precinct Count Units  b. 9 DS200 Plastic Ballot Boxes   c. 0 DS950 Digital Scan Central Count Units  d. 11 OmniBallot Tablets (including 3‐button device, headphones, navigation pad, OmniBallot  Tablet key, OmniBallot Tablet case, stylus, power cord, hard and soft printer cases, printer  power cable, printer USB cable, QR code scanner, USB hub key, 3‐plug extension cord)  e. 11 OmniBallot Printers   f. 32 Poll Books (including stand arm, ID tray, styluses, white AC adapter, white cable, green  lightning USB cable, base, printer, printer power supply, printer power cord, poll book case)  g. 1 Meraki Access Points.  2.2 Subject to the terms and conditions of this Agreement, the parties may agree to increase or  decrease Election Equipment or add new equipment. Any agreed upon changes shall be  documented by County when County sends an annual equipment inventory statement to City.  2.3 Herein, Election Systems and Software (ES&S), SeaChange, and KNOWiNK may be referred to as  “vendor”.  Section 3  OWNERSHIP  3.1 The City acknowledges that the County owns or leases the Election Equipment and that the City  is authorized to use said Election Equipment for official election related purposes. Use of the  Election Equipment for any other purpose is strictly prohibited absent express written consent  of the County’s Elections Director.  3.2  The City acknowledges and agrees that the Election Equipment may contain proprietary and  trade secret information that is owned by a third party, including Election Systems and Software  (ES&S), Democracy Live, and KNOWiNK, is protected under federal copyright law or other laws,  rules, regulations, and decisions. The City shall protect and maintain the proprietary and trade  secret status of the Election Equipment.  Section 4  HANDLING OF EQUIPMENT AND INDEMNIFICATION  96 4.1 The City shall be responsible for the Election Equipment it leases from the County under this  Agreement, including Election Equipment the City subleases to a school district under Section  8.6 below. The City, either through insurance or a self‐insurance program, shall be responsible  for all costs, fees, damages, and expenses including but not limited to personal injury, storage,  damage, repair, and/or replacement of the Election Equipment consistent with the City’s  defense and indemnity obligations contained in Section 8.7 herein.  4.2 The City shall be responsible for the transporting of the Election Equipment from and to the  County. Upon termination of this Agreement, the City shall forthwith deliver the Election  Equipment to the County or its designee, complete and in good order and working condition.  The City shall be responsible for all costs, including but not limited to shipping, related to the  repair or replacement of lost, stolen, destroyed, or damaged Election Equipment.  Section 5  TERM, TERMINATION  5.1 The City and the County agree that this Agreement is in effect during the period commencing  upon signature by the County and terminating February 28, 2031. The City and County agree  that this Agreement may terminate sooner if and when the City and County mutually agree that  the Election Equipment will no longer be used for the City’s elections. The City agrees that  should the County’s contract for the Election Equipment with ES&S and/or KNOWiNK and/or  SeaChange/MnCCC, respectively, terminate or expire, the Election Equipment and/or services  subject to that agreement may no longer be available to the City and City shall immediately  return the equipment to the County upon County’s request. A particular piece of Election  Equipment may be retired from use by the City upon mutual agreement between the City and  County and without this Agreement terminating.  City represents and warrants that it will use  the Election Equipment for its intended purpose and in a manner consistent with prior practice  under the previous agreements referenced in Section 1 above until the Agreement terminates.   Section 6  MAINTENANCE AND PRICING   6.1 Maintenance (ES&S Election Equipment). The County has entered into an agreement with ES&S  for the purchase, warranty, and maintenance of the ES&S Election Equipment. ES&S shall  provide the same warranty and maintenance services to the City as it provides to the County.  The annual maintenance fee paid by the City to the County for said ES&S Election Equipment  shall be Two Hundred and Six dollars ($206.00) per digital scan precinct count unit and Five  Thousand Six Hundred and Twenty‐Five dollars ($5,625.00) per digital scan central count unit. If  and when ES&S increases the fee to the County, the County may increase the fee to the City.   6.2 Maintenance (AVT Equipment). The County has entered into an agreement with  SeaChange/MnCCC for the purchase, warranty, and maintenance of the AVT Equipment.  SeaChange shall provide the same warranty and maintenance services to the City as it provides  to the County The annual maintenance fee paid by the City to the County for said AVT  Maintenance shall be an amount not to exceed Two Hundred and Twenty Five dollars ($225) per  97 unit. If and when SeaChange increases the fee to the County, the County may increase the fee to  the City.    6.3 Maintenance Agreement (Poll Book Equipment). The County has entered into an agreement  with KNOWiNK for the purchase/lease, warranty, and maintenance of the Poll Book Equipment.  KNOWiNK shall provide the same warranty and maintenance services to the City as it provides  to the County. There shall be no annual maintenance fee paid by the City to the County for said  Poll Book Equipment maintenance.  6.4 The City agrees not to make any repairs, changes, modifications, or alterations to the Election  Equipment that are not authorized by Hennepin County and said vendors.  6.5 After reasonable notice, the County shall have the right to enter the premises where the  Election Equipment is located for the purposes of inspecting the same or observing its use. On  an annual basis, during the term of this Agreement, the City shall comply with the County’s  request for verification of Election Equipment inventory.  6.6 The City agrees to provide notice to Election Systems & Software of any defects or malfunctions  with the Election Equipment, to provide notice to SeaChange of any defects or malfunctions  with the AVT Equipment, and to provide notice to KNOWiNK of any defects or malfunctions with  the Poll Book Equipment within twenty‐four (24) hours. The City also agrees to provide the  County with notice of such malfunctions or defects and Election Systems & Software’s,  SeaChange’s, or KNOWiNK’s response within a reasonable time. The County agrees to track via a  log all such equipment malfunctions.  Section 7  PROGRAMMING AND ACCUMULATION  7.1 Programming (Election Equipment). The County will be responsible for programming the  Election Equipment at no charge to jurisdictions for all races in all elections. In the case of an  election that crosses county lines, the County will determine programming responsibilities with  the other involved counties.   7.2 For Cities with a primary and/or general election, as described in Minn. Stat. § 205.065 and  205.07, in the even‐numbered years, the County will provide results transmission and  accumulation of results of City races in the primary and general election at no cost to the City.  Section 8  OTHER TERMS AND CONDITIONS  8.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring  upon any noncompliance or default by the other party with respect to any of the terms of this  Agreement shall impair any such right or power or be construed to be a waiver thereof unless  the same is consented to in writing. A waiver by either of the parties hereto of any of the  covenants, conditions, or agreements to be observed by the other shall not be construed to be a  waiver of any succeeding breach thereof or any covenant, condition, or agreement herein  98 contained. All remedies provided for in this Agreement shall be cumulative and in addition to,  and not in lieu of, any other remedies available to either party at law, in equity, or otherwise.  8.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws  of the State of Minnesota.  8.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is  contained herein and that this Agreement supersedes all oral agreements and negotiations  between the parties relating to the subject matter hereof. All items referred to in this  Agreement are incorporated or attached and are deemed to be part of this Agreement. Any  alterations, variations, modifications, or waivers of 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 hereto.   8.4 No Assignment. Neither party shall assign, sublet, or transfer this Agreement, either in whole, or  in part, without prior written consent of the other party, and any attempt to do so shall be void  and of no force and effect.  8.5 No Warranty. The City agrees that the County is furnishing the Election Equipment on an “as is”  basis, without representation or any express or implied warranties, other than those provided  by ES&S, SeaChange, or KNOWiNK, including but not limited to, fitness for particular purpose,  merchantability or the accuracy and completeness of the Election Equipment.    The County does not warrant that the Election Equipment will be error free.   The County disclaims any other warranties, express or implied, respecting this Agreement or the  Election Equipment.  8.6  City may sublease Election Equipment to school districts within the County. Under any such  sublease, the City is fully responsible and liable for the school district complying with the terms  and conditions of this Agreement, and County shall have no liability whatsoever to the school  district.  8.7 In no event shall the County be liable for actual, direct, indirect, special, incidental,  consequential damages (even if the County has been advised of the possibility of such damage)  or loss of profit, loss of business or any other financial loss or any other damage arising out of  performance or failure of performance of this Agreement by the County. The County and the  City agree each will be responsible for their own acts and omissions under this Agreement and  the results thereof and shall to the extent authorized by law defend, indemnify, and hold  harmless the other party for such acts. Each party shall not be responsible for the acts, errors, or  omissions of the other party under the Agreement and the results thereof. The parties’  respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act,  Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be  construed to bar legal remedies one party may have for the other party’s failure to fulfill its  obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the City or  County of any statutory or common law defenses, immunities, or limits on liability.  The City’s  exclusive remedy and the County’s sole liability for any substantial defect which impairs the use  99 of the Election Equipment for the purposes stated herein shall be the remedy provided by the  vendor.    8.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to  the other party addressed as follows:    To the City: City of Golden Valley     7800 Golden Valley Rd     Golden Valley MN 55427    To the County: Hennepin County Administrator     Government Center MC 233     Minneapolis MN 55487    Copy to: Hennepin County Elections     Government Center MC 012     Minneapolis MN 55487  8.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly  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., which are pertinent to the accounting  practices and procedures of the other party and involve transactions relating to this Agreement.  Such materials shall be maintained and such access and rights shall be in force and effect during  the period of the contract and for six (6) years after its termination or cancellation.   8.10 Whereas Clauses. The matters set forth in the “Whereas” clauses on page one of this Agreement  are incorporated into and made a part hereof by this reference.  8.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties  of the City and County hereof shall survive the completion and performance and termination or  cancellation of this Agreement.  8.12 Authority. The person or persons executing this Lease Agreement on behalf of the City and  County represent that they are duly authorized to execute this Lease Agreement on behalf of  the City and the County and represent and warrant that this Lease Agreement is a legal, valid,  and binding obligation and is enforceable in accordance with its terms.  8.13 The parties shall comply with applicable law including but not limited to the provision of the  Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA).    THE REMAINDER OF THIS PAGE IS BLANK.  COUNTY will include signature page.    100 Agreement No. A-131239 HENNEPIN COUNTYICITY OF Golden Valley LEASE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF Golden Valley, both political subdivisions of the State of Minnesota, hereinafter referred to as the "County" and the "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 7800 Golden Valley Road, Golden Valley, MN 55427. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 13-0134 authorized the purchase of election equipment for a countywide digital scan voting system, election hardware and services; and WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 05-564 authorized the purchase of Assisted Voting Technology equipment for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County and the City of Golden Valley are parties to a prior agreement numbered A-052247 relating to the lease of election equipment and the County and City desire to terminate that lease agreement and replace it with this agreement. WHEREAS, the County desires to lease Election Equipment and AVT Equipment as defined herein) to the City of Golden Valley for use in all city elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County election equipment identified as: eleven (11) DS200 Digital Scan Precinct Count Units (including twenty-two (22) 4 GB Jump Drives), and eleven 11) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places contained within the City. Page 1 of 8 101 1.2 The County hereby leases to the City subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County AVT Equipment identified as; nine (9) AutoMARK Voter Assist Terminals, eighteen (18) flashcards and nine (9) ES&S AutoMARK Tables with adjustable legs for polling places ("AVT Equipment") contained within the City. 1.3 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election Equipment and AVT Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. The City hereby delegates authority to execute such an addendum to the authorized City officer, or the City Council, as appropriate. 1.4 Upon the express written permission of County's Election Manager, or her/his designee, the City may lease Election Equipment and/or AVT Equipment to a school district. Said lease shall be made pursuant to a written agreement, between the City and the school district, which includes substantially the same terms as those contained herein. Section 2 OWNERSHIP 2.1 The City acknowledges that the County owns the Election Equipment and AVT Equipment and that the City is authorized to use said Election Equipment and AVT Equipment for official election related purposes. Use of the Election Equipment and AVT Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The City acknowledges and agrees that the Election Equipment and AVT Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election Equipment and AVT Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election Equipment and AVT Equipment while it is in the City's custody, possession or control. The City, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment and AVT Page 2 of 8 102 Equipment while it's in the City's custody and this Agreement is in effect, consistent with the City's defense and indemnity obligations contained in Section 7.6 herein. 3.2 The City shall be responsible for the transporting of the Election Equipment and AVT Equipment from and to the County. The City shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment and AVT Equipment as well as the maintenance and repair costs described in Sections 5.1 and 5.2. Section 4 TERM, TERMINATION 4.1 This Agreement commences September 1, 2013 and expires August 31, 2014. Thereafter, this Agreement shall automatically renew for additional one year periods unless either party notifies the other party, on or before June 1St of that year, of its intention not to renew. Termination of this Agreement by the City shall not relieve the City of any duties or obligations hereunder including but not limited to the obligation to pay amounts due and payable. Upon expiration or any termination of this Agreement, the City shall return the Election Equipment and/or AVT Equipment within a reasonable time and in good operating condition except for routine wear and tear. Section 5 MAINTENANCE 5.3 Maintenance Agreement (DS200) The County has entered into an agreement with a third -party ("Maintenance Vendor") for maintenance and repair of the Election Equipment as more fully described in Addendum A ("Maintenance Services). The City will obtain Maintenance Services for the Election Equipment directly from the Maintenance Vendor including but not limited to scheduling and supervising the Maintenance Vendor. City shall pay County the per unit amount that County pays to the Maintenance Vendor plus any additional costs incurred by County as the same are directly related to maintenance and repair of the Election Equipment leased by the City which may include the cost of replacement parts. 5.2 Maintenance Agreement (AVT Equipment). The County has entered into an agreement with a third -party ("AVT Maintenance Vendor") for maintenance and repair of the AVT Election Equipment ("AVT Maintenance Services). The City will obtain AVT Maintenance Services for the AVT Election Equipment directly from the AVT Maintenance Vendor including but not limited to scheduling and supervising the AVT Maintenance Vendor. City shall pay County the per unit amount that County pays to the AVT Maintenance Vendor plus any additional Page 3 of 8 103 costs incurred by County as the same are directly related to maintenance and repair of the AVT Election Equipment leased by the City which may include the cost of replacement parts. 5.3 The City agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment that are not authorized by Hennepin County and said vendors. 5.4 After reasonable notice, the County shall have the right to enter into and upon the premises where the Election Equipment and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the City shall comply with the County's request for verification of Election Equipment and AVT Equipment inventory. 5.5 The City agrees to provide notice to Maintenance Vendor and/or AVT Maintenance Vendor of any defects or malfunctions with the Election Equipment and/or AVT Equipment within twenty-four (24) hours. The City also agrees to provide the County with notice of such malfunctions or defects and the Maintenance Vendor and/or AVT Maintenance Vendor response within a reasonable time. Section 6 PROGRAMMING AND ACCUMULATION 6.1 Programming. The County will be responsible for programming the DS200 Digital Scan Election Equipment at no charge to jurisdictions for all races in all elections. 6.2 Programming Costs. The City is responsible for paying to the County the programming costs of the AVT Equipment described in paragraph 1.2 at an amount prorated upon the number of columns devoted to the City's races on the ballot. 6.3 Results Transmission and Accumulation. The County has invested a significant amount of resources in equipment that allows the DS200 Digital Scan tabulators to electronically transmit election results via wireless technology from each polling place to a central location and for those results to be accumulated and posted on the County's website. There is also a significant operational cost associated with each use of this transmission and accumulation process. 6.4 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the even -numbered years, the County will provide results transmission and accumulation of results of City races in the primary and general election at no cost to the City. 6.5 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd -numbered years, upon written request by the Page 4 of 8 104 city, the County will perform the electronic transmission and accumulation of results of City races in the primary and general election, at a cost of $100 per polling place for the primary, and $100 per polling place for the general election. The County will not perform the electronic transmission and accumulation of votes cast in any other City elections, unless by mutual agreement with the City. The County may, in its sole discretion, elect to waive this fee. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Pursuant to the foregoing, the parties acknowledge and agree that Agreement A-052247 between the parties is hereby teminated and replaced with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of 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 hereto. 7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 Limited Warranty. County warrants that it owns title to the Election Equipment and AVT Equipment, or to the extent it does not own title, that it has all rights necessary to grant the licenses herein. Page 5 of 8 105 7.6 No Warranty. COUNTY IS PROVIDING THE ELECTION EQUIPMENT AND AVT EQUIPMENT 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 WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pursuant to the foregoing, the City agrees that the County is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by the Maintenance Vendor and/or AVT Maintenance Vendor, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election Equipment or AVT Equipment. The County does not warrant that the Election Equipment and/or AVT Equipment will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. The City's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Election Equipment and/or AVT Equipment for the purposes stated herein shall be the right to terminate this Agreement. 7.7 IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGE ARISING OUT OF PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT BY THE COUNTY. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof including but not limited to the acts or omissions of the party's subcontractors, employees and other personnel and shall to the extent authorized by law defend, indemnify and hold harmless the other party from any liability, claims, causes of action, costs or expenses resulting directly or indirectly from such acts and/or omissions. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of 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 Agreement. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. Page 6 of 8 106 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: City of Golden Valley 7800 Golden Valley Road, Golden Valley, MN 55427 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Mark Chapin Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 7.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly 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., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 7.12 Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 7 13 The parties shall comply with applicable law including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). THE REMAINDER OF THIS PAGE IS BLANK. Page 7of8 107 Reviewed by the County Attorney's Office t Dater COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Kvounty Boar ATTEST:+Ak Deput4C le rM County Board Date: And Date ministrator City organized under: StatutoryOption A AUTHORIZATION COUNTY OF HENNEPIN STATE OF MINNESOTA M- Assistant/Deputy/County Ad Department Director of Date: CITY OF Golden Valley By: Its: D N manqMef And: Its: i, Option B Page 8 of 8 Charter 108 G Agreement No.A165105 AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota ("County"), and the CITY OF GOLDEN VALLEY("City'). 1. TERM OF THE AGREEMENT This Agreement shall commence on June 6, 2016 and expire on February 28, 2023, unless cancelled or terminated earlier in accordance with the provisions of this Agreement. 2. EQUIPMENT LICENSE During the term of this Agreement and subject to the terms herein, County hereby provides to City and grants City a limited, revocable, non-exclusive, royalty-free license to use 30 KNOWiNK Poll Pad Hardware and Software units, 8 Verizon Jetpack Hotspot(s) and 1 MR 18 Cisco Meraki wireless access point(s) (the "Election Equipment") exclusively for official election use. Unless County otherwise agrees in writing, said license is restricted to access and use of the Election Equipment by City's employees, contracted personnel and duly authorized election officials performing election duties and responsibilities on behalf of City. The parties may agree by written addendum executed by all the parties to modify the quantity or definition of the Election Equipment included within the scope of this agreement. County hereby delegates authority to execute such an addendum to the Hennepin County Elections Allanager. City hereby delegates authority to execute such an addendum to its Unless the parties otherwise agree, City shall provide and/or maintain, at City's sole cost and expense, secure wireless and other telecommunications necessary for the operation of the Election Equipment. Further and as necessary, City shall acquire or otherwise provide all subscriptions, accounts or other licenses necessary for the operation of the Election Equipment. City shall secure, safeguard and control the Election Equipment, including but not limited to system authentication and passwords, in the same manner that City secures, safeguards and controls its own critical or confidential equipment, systems, software, data, passwords or other information. While the Election Equipment is in City's possession, custody and/or control, City shall exercise best efforts to (i) use and handle the Election Equipment in a manner that avoids damage or harm to the Election Equipment; (ii) use and handle the Election Equipment in accordance with County Page 1 of 6 109 direction and any third-party specification; and (iii) safeguard and secure the Election Equipment from theft, loss or other damage. City shall be responsible for implementation of the Election Equipment. Unless the parties otherwise agree, County or its designated third-party vendor shall be perform all maintenance and repair of the Election Equipment. City shall not repair, change, modify or alter the Election Equipment unless expressly authorized by County or its designee. If any Election Equipment needs repair or maintenance, City shall follow the direction and process provided by County. City acknowledges and agrees that, as directed by County, (i) City may be required to deliver, at City's sole cost and expense, Election Equipment to County or its designee for maintenance and repair; and (ii) City may be required to provide access to the Election Equipment for inspection, maintenance or repair during City's regular business hours, including but not limited to granting the right to enter into and upon the premises where the Election Equipment is located. Upon reasonable notice, County shall have the right to enter into and upon the premises where the Election Equipment is located for the purposes of inspecting the Election Equipment or observing its use. On an annual basis, during the term of this Agreement, City shall comply with County's request for verification of Election Equipment inventory. Upon the express written permission of County's Election Manager, or her/his designee, City may sub-license Election Equipment to a school district within City's territorial boundaries. Said sub-license shall be made pursuant to a written agreement, between City and the school district and shall include substantially the same terms as those contained herein. 3. OWNERSHIP County represents and warrants and City acknowledges and agrees that County is duly authorized to grant the license herein exclusively for use by City in its official elections. Pursuant thereto, use of the Election Equipment for any other purpose other than that authorized herein is strictly prohibited absent express written consent of County. City acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal patent, copyright law or other laws, rules, regulations and decisions. City shall protect and maintain the proprietary and trade secret status of the Election Equipment. 4. DISCLAIMER, LIABILITY AND LIMITATION OF LIABILITY COUNTY, BY AND THROUGH ITS DULY AUTHORIZED VENDOR, IS PROVIDING THE ELECTION EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS Page 2 of 6 110 NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CITY ACKNOWLEDGES AND AGREES THAT COUNTY DOES NOT OWN OR CONTROL THE DATA SOURCE/SYSTEM NECESSARY FOR OPERATION OF THE ELECTION EQUIPMENT. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE ELECTION EQUIPMENT OR RELATED COMMUNICATIONS OR CONNECTIONS TO ANY DATA SOURCE/SYSTEM, THAT THE DATA SOURCE/SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE DATA IS ACCURATE, COMPLETE AND CURRENT OR THAT DATA DEFECTS WILL BE CORRECTED, OR THAT THE DATA SOURCE/SYSTEM IS FREE OF HARMFUL CODE. 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 COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY'S SOLE LIABILITY AND CITY'S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ELECTION EQUIPMENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO RESTORING OR CORRECTING THE ELECTION EQUIPMENT TO THE EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. Subject to the foregoing limitation of liability and to the provisions (below) regarding responsibility for the costs related to lost, stolen, destroyed or damaged Election Equipment, each party shall be responsible for their own acts and omissions and the results thereof to the extent authorized by law. The parties are not agreeing, in any manner whatsoever, to be responsible for the acts or omissions of the other party. As applicable, County's liability is governed by the provisions of Minnesota Statutes, Chapter 466 and City's liability is governed by the provisions of 110 0) UTIOLI q1116) The statutory limits of liability for the parties may not be added together or stacked to increase the maximum amount of liability for either or both parties. 5. ROYALTY FREE LICENSE - OTHER COSTS Except as expressly set forth below, City shall not pay County any amount for the license granted herein. City shall be responsible for the cost and expense of Election Equipment delivery from and to a location as directed by County. Page 3 of 6 111 Except for routine wear and tear resulting from use in conformance with the terms herein, City shall be responsible for and shall pay all costs, including but not limited to shipping costs, necessary for the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. Upon expiration or termination of this Agreement for any reason, City shall, at City's sole cost and expense, deliver, or have delivered, the Election Equipment to County or its designee, complete and in good order and working condition, except with respect to Election Equipment with defects attributable to County's vendor or supplier. 6. TERMINATION This Agreement may be terminated by either party upon seven (7) day written notice to the other. Termination of this Agreement by either party and for any reason shall not relieve City of any duties or obligations hereunder including but not limited to the obligation to safely and securely return and deliver the Election Equipment as set forth above. 7. DATA PRACTICES 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, which may include the Health Insurance Portability and Accountability Act of 1996 HIPAA). 8. ADDITIONAL PROVISIONS The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section 471.425, subd. 4a and, as applicable, COUNTY's Affirmative Action Policy. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page 4 of 6 112 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Except as expressly provided herein, any alterations,variations, modifications, or waivers of 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 hereto. City shall not assign, sublicense or transfer this Agreement or the rights, duties and obligations herein, either in whole or in part, without the prior written consent of County, and any attempt to do so shall be void and of no force and effect. It is expressly understood and agreed that the obligations and warranties of City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. THE REMAINDER OF THIS PAGE IS BLANK. Page 5 of 6 113 APPROVAL COU 0 -JENNEPIN Reviewed by the County STAT OF MIOT Attorney's Office By: Aunty Adm' Date: Date: CONTRACTOR CONTRACTOR warrants that the person who executed this Agreement is authorized to do so on behalf of CONTRACTOR as required by applicable articles, bylaws, resolutions or ordinances*. CITY OF GOLDEN VALLEY Printed Name:—64 V114 Printed Title: 0 1 k AW-k LP n Date: 4 Page 6 of 6 114 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.3. Authorize Subscription Agreement with Cartegraph Systems LLC Prepared By Sue Virnig, Finance Director John Peterson, Information Technology Supervisor Summary The City has made significant investments in its infrastructure, including mapping and data that support the physical infrastructure. Staff purchased Cartegraph to help inventory, track, and report maintenance of many public assets and provide more efficient and effective customer service. The City is managing the following assets in Cartegraph: vehicle maintenance fleet and parts sanitary sewer mains and structures water mains, laterals, hydrants, valves, main break reporting, meter inventory storm sewer mains and structures stormwater treatment facilities, ponds and wetlands, MPCA stormwater permit reporting street segments, pavement condition and analysis pavement markings (striping) street signs City trees snow plowing sanitary I & I compliance and FOG ordinance compliance ROW and stormwater permits inspection and compliance parks, ice rink maintenance, mowing, playground inspections sidewalk and ramp ADA compliance Financial or Budget Considerations The term of the agreement is for three years. 2023 is year one and is $46,928 for software. 2024 is year 2 and is $48,335.84 for software. 2025 is year 3 and is $49,785.92. The 2023 Capital Improvement Fund has $50,000 for this agreement. Legal Considerations This is a renewal of a contract every three years. The contract terms were reviewed by the City Attorney. 115 Equity Considerations This software allows us to combine information to give us valuable tools to to help advise us to meet the equity plan and four key pillars. Recommended Action Motion to authorize the Mayor and City Manager to execute the Subscription Agreement with Cartegraph Systems, LLC in the form approved by the City Attorney for the term of three consecutive years for a total of $145,049.76. Supporting Documents Subscription Agreement with Cartegraph Systems 116 City of Golden Valley / 1/18/2023 City of Golden Valley Cartegraph Solutions Master Agreement Master Agreement: MA-22-04667 Date Prepared: 1/18/2023 Date of Expiration: 2/28/2023 For any questions or assistance, please contact: Nate Huinker Sales Account Manager Phone: (800) 688-2656 Mobile: +1 5635139167 Email: natehuinker@cartegraph.com Cartegraph Systems LLC a wholly owned subsidiary of OpenGov, Inc. 3600 Digital Drive Dubuque, IA 52003-8962 http://www.cartegraph.com Toll Free: (800) 688-2656 Phone: (563) 556-8120 Fax: (563) 556-8149 Page 1 of 21 117 City of Golden Valley / 1/18/2023 Master Agreement Cartegraph Systems LLC, a wholly owned subsidiary of OpenGov, Inc., is pleased to present this Master Agreement for its world-class technology solutions. This Master Agreement is made and entered into between City of Golden Valley (hereinafter referred to as "City of Golden Valley", or "Customer") and Cartegraph Systems LLC, a wholly owned subsidiary of OpenGov, Inc (hereinafter referred to as "Cartegraph"), each referred to as a "Party" or collectively as the "Parties" and is effective when fully executed by both Parties ("Effective Date"). This Master Agreement 1) will exclusively govern Customer's access to and use of Solution Subscriptions and/or Solution Services; 2) is the complete and sole understanding and agreement between Parties, and supersedes any oral or written proposal, agreement, or other communication between the Parties; 3) may only be modified or amended in writing as permitted herein; 4) is governed by the terms and conditions of the Cartegraph Solutions Agreement (Addendum A), unless (i) otherwise set forth herein, or (ii) there is an applicable written Customer Agreement executed by the Parties that directly references this Master Agreement, for the Solutions referenced in this Master Agreement. Any inconsistency between the documents shall be resolved by giving precedence to 1)a Customer Agreement (if applicable), 2) this Master Agreement, and 3) the Cartegraph Solutions Agreement. The term of this Master Agreement shall begin on the Effective Date and continue until it is terminated as permitted herein. The duration of time specified in the Investment Summary of this Master Agreement shall be the "Initial Term." Subsequently executed Sales Orders under this Agreement may add additional Solution Subscriptions and/or Solution Services to the Initial Term as well as renew the Solution Subscriptions and/or Solution Services for successive periods, each a "Renewal Term." BY EXECUTING OR REFERENCING THIS MASTER AGREEMENT, THE PARTIES ACKNOWLEDGE THAT THEY HAVE REVIEWED THE TERMS AND CONDITIONS SET FORTH HEREIN AND ANY EXHIBITS, AND THE PARTIES AGREE TO BE LEGALLY BOUND BY SUCH AGREEMENT. CUSTOMER ADDRESS:LICENSEE ADDRESS: City of Golden Valley 7800 Golden Valley Golden Valley, Minnesota 55427 City of Golden Valley 7800 Golden Valley Golden Valley, Minnesota 55427 The following Addendums are attached to this Master Agreement and are incorporated by reference: ADDENDUM A - SOLUTIONS AGREEMENT, CITY OF GOLDEN VALLEY, MN, MODIFIED 01/18/2023 ADDENDUM B - Not Used ADDENDUM C - Not Used ADDENDUM D - Not Used ADDENDUM E - CARTEGRAPH OMS EDITIONS ADDENDUM F - Not Used Page 2 of 21 118 City of Golden Valley / 1/18/2023 Investment Summary The following represents the requested Solution Subscriptions and/or Solution Services along with their related durations (Terms). Term 01 - 3/1/2023 - 2/29/2024 - Subscription No.Product Code Quantity Price 1 OMS Plus Includes Hosted Test Environment OMSPLS 1 USD 13,828.00 2 Integration Toolkit (option)OMSAPI 1 USD 600.00 3 Scenario Builder (option)OMSSCB 1 USD 800.00 4 Asset Builder (option)OMSABD 1 USD 400.00 5 Facilities Domain DOM001 1 USD 2,400.00 6 Parks & Recreation Domain DOM004 1 USD 1,000.00 7 Sanitary Sewer Domain DOM005 1 USD 2,400.00 8 Signal Domain DOM006 1 USD 1,200.00 9 Stormwater Domain DOM007 1 USD 2,400.00 10 Transportation Domain DOM008 1 USD 1,800.00 11 Walkability Domain DOM009 1 USD 600.00 12 Water Distribution Domain DOM010 1 USD 2,400.00 13 OMS User OMSUSR 50 USD 16,000.00 14 Systems Integration Support Gasboy Fuel Integration SYITSU 1 USD 1,100.00 Term 01 - 3/1/2023 - 2/29/2024 - Subscription TOTAL:USD 46,928.00 Term 02 - 3/1/2024 - 2/28/2025 - Subscription No.Product Code Quantity Price 1 OMS Plus Includes Hosted Test Environment OMSPLS 1 USD 14,242.84 2 Integration Toolkit (option)OMSAPI 1 USD 618.00 3 Scenario Builder (option)OMSSCB 1 USD 824.00 4 Asset Builder (option)OMSABD 1 USD 412.00 5 Facilities Domain DOM001 1 USD 2,472.00 6 Parks & Recreation Domain DOM004 1 USD 1,030.00 7 Sanitary Sewer Domain DOM005 1 USD 2,472.00 8 Signal Domain DOM006 1 USD 1,236.00 9 Stormwater Domain DOM007 1 USD 2,472.00 10 Transportation Domain DOM008 1 USD 1,854.00 11 Walkability Domain DOM009 1 USD 618.00 Page 3 of 21 119 City of Golden Valley / 1/18/2023 No.Product Code Quantity Price 12 Water Distribution Domain DOM010 1 USD 2,472.00 13 OMS User OMSUSR 50 USD 16,480.00 14 Systems Integration Support Gasboy Fuel Integration SYITSU 1 USD 1,133.00 Term 02 - 3/1/2024 - 2/28/2025 - Subscription TOTAL:USD 48,335.84 Term 03 - 3/1/2025 - 2/28/2026 - Subscription No.Product Code Quantity Price 1 OMS Plus Includes Hosted Test Environment OMSPLS 1 USD 14,667.92 2 Integration Toolkit (option)OMSAPI 1 USD 636.00 3 Scenario Builder (option)OMSSCB 1 USD 849.00 4 Asset Builder (option)OMSABD 1 USD 424.00 5 Facilities Domain DOM001 1 USD 2,547.00 6 Parks & Recreation Domain DOM004 1 USD 1,061.00 7 Sanitary Sewer Domain DOM005 1 USD 2,547.00 8 Signal Domain DOM006 1 USD 1,273.00 9 Stormwater Domain DOM007 1 USD 2,547.00 10 Transportation Domain DOM008 1 USD 1,910.00 11 Walkability Domain DOM009 1 USD 636.00 12 Water Distribution Domain DOM010 1 USD 2,547.00 13 OMS User OMSUSR 50 USD 16,974.00 14 Systems Integration Support Gasboy Fuel Integration SYITSU 1 USD 1,167.00 Term 03 - 3/1/2025 - 2/28/2026 - Subscription TOTAL:USD 49,785.92 Summary By Term - Includes Services & Subscriptions _____________________________________________________________________________________________________________________________ Total Term 1 USD 46,928.00 Total Term 2 USD 48,335.84 Total Term 3 USD 49,785.92 Page 4 of 21 120 City of Golden Valley / 1/18/2023 Investment Notes: •Any Customer Purchase Order, Contract, and/or Agreement must reference Cartegraph Master Agreement: MA-22-04667. •Purchasing the Solutions presented herein through any alternative procurement method will require a revised price proposal which may include an associated price adjustment. •When attached to this Agreement, the Services specified in Addendum B - Services Scope of Work provide implementation and configuration support for Cartegraph's proprietary technology products and are not, nor do they result in, work product or works for hire. •The preprinted terms of a purchase order or any other similar document will not apply to or modify this Master Agreement or any other mutually agreed upon autorenewal thereof. •Prices may include discounts, concessions, or incentives that are only applicable to this transaction and should not be assumed for future purchases. •Prices do not include any taxes that may apply at the time of invoicing. If applicable, any such taxes are the responsibility of Customer and will appear on the respective invoice. •Prices do not include any applicable Esri ArcGIS licenses. •Prices are in U.S. Dollars ($USD). •Prices for the Initial Term are valid only if this Master Agreement is executed by 2/28/2023. Page 5 of 21 121 City of Golden Valley / 1/18/2023 Payment In consideration for the Solutions provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the Fees as described below: DELIVERY Upon execution of this Master Agreement, Cartegraph will provide the Solution Subscriptions and/or Solution Services as detailed in the Investment Summary. SOLUTION SUBSCRIPTION INVOICING Customer shall be provided with the ability to access and use the Solution Subscriptions upon execution of this Master Agreement. The payment for the initial term is due upon execution of the Master Agreement. Payment for any subsequent renewal terms will be due in annual installments as specified herein and prior to the anniversary of the initial term in the amount(s) that follow: • Term 1: $46,928.00 • Term 2: $48,335.84 • Term 3: $49,785.92 PAYMENT •All payments are due Net 30 days from date of invoice. •All payments are to be in U.S. Dollars ($USD). •For customers within the United States, any applicable taxes required at the time of invoice will be determined based on the laws and regulations of the taxing authority(s) governing the "Customer Address" identified herein. Page 6 of 21 122 City of Golden Valley / 1/18/2023 Acceptance BY SIGNING BELOW, EACH PARTY AGREES THAT 1) ITS SIGNATORY HAS THE AUTHORITY TO BIND THEIR PARTY TO THIS OBLIGATION, AND 2) THAT ALL USE AND ACCESS TO THE SOLUTION SUBSCRIPTION AND/OR SOLUTION SERVICES DESCRIBED HEREIN  SHALL BE GOVERNED BY THE TERMS AND CONDITIONS IN THE FOLLOWING ORDER OF PRECEDENCE A) A CUSTOMER AGREEMENT (IF APPLICABLE), B) THIS MASTER AGREEMENT AND ALL AGREEMENTS AND ADDENDUMS SPECIFICALLY REFERENCED HEREIN, AND C) THE CARTEGRAPH SOLUTIONS AGREEMENT. Cartegraph Systems LLC, a wholly owned subsidiary of OpenGov, Inc.: By: (Signature) (Print Name) Title: Date: City of Golden Valley: FEBRUARY 7, 2023 By: (Signature) Title: Mayor By: Page 7 of 21 Title: City Manager 123 ADDENDUM A: SOLUTIONS AGREEMENT City of Golden Valley, MN, Last Modified: 01/18/2023 This Cartegraph Solutions Agreement (“Agreement”) is a contract between Cartegraph Systems LLC, a Delaware corporation, having its principal place of business at 3600 Digital Drive, Dubuque, Iowa 52003 (“Cartegraph”) and you, or if you represent an entity or other organization, that entity or organization, (in either case, the “Customer”). Cartegraph and Customer may be referred to in this Agreement collectively as the “parties” or individually as a “party.” Cartegraph provides certain hosted operations management and asset management solutions (the “Cartegraph Solutions” or “Solutions”). Customer desires to purchase a subscription to access and use certain of the Cartegraph Solutions for Customer’s own internal use and operations. This Agreement sets forth the terms and conditions under which Cartegraph will agree to provide Customer with a subscription to access and use those Solutions specified in written Purchase Agreements referencing this Agreement entered into by Cartegraph and Customer (each, a “Purchase Agreement”) and perform those services specified in each Purchase Agreement (the services provided by Cartegraph under this Agreement, including the services made available through the Solutions, the “Services”). All access to and use of the Solutions and the performance of all Services are subject to the terms of this Agreement. This Agreement includes any Purchase Agreement entered into by the parties referencing this Agreement and any written Addendum attached to a Purchase Agreement, including descriptions of any Solutions or Services (each, an “Addendum”), all of which are hereby incorporated into and made a part of this Agreement. Unless you later enter into any other Agreement with Cartegraph regarding the Solutions and Services, this Agreement is the complete and exclusive statement of the agreement between the parties and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties, in relation to the subject matter of this Agreement. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English (US) meaning. PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, THROUGH THE EXECUTION OF A PURCHASE AGREEMENT THAT REFERENCES THIS AGREEMENT, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT OR ANY PURCHASE AGREEMENT, CARTEGRAPH IS NOT WILLING TO PROVIDE YOU, AS CUSTOMER, WITH ACCESS TO OR USE OF CARTEGRAPH SOLUTIONS OR SERVICES, AND YOU MUST NOT ACCESS OR USE CARTEGRAPH SOLUTIONS OR SERVICES. IF YOU ACCESS OR USE CARTEGRAPH SOLUTIONS OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND ANY PURCHASE AGREEMENT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. 1.TERM. The term of this Agreement shall begin upon the execution of an initial Purchase Agreement under this Agreement and, unless earlier terminated as permitted herein, shall continue for the period of time specified in that Purchase Agreement (“Initial Term”). The execution of any subsequently added Purchase Agreement under this Agreement shall not extend the Initial Term unless otherwise expressly stated in that Purchase Agreement. Unless otherwise stated in an applicable Purchase Agreement under this Agreement, the Initial Term of this Agreement shall automatically renew for successive additional 1 year renewal periods (each, a “Renewal Term”) unless either party provides the other party with written notice of its intent not to renew this Agreement at least 60 days before the end of the Initial Term or any such Renewal Term. Page 8 of 21 124 2. SOLUTIONS. 2.1 FUNCTIONALITY. The Solutions will include the functionality described in the applicable Purchase Agreement or Addendum for each Solution. Cartegraph may from time to time update, change, or revise the functionality of the Solutions, provided the functionality of the Solutions is not materially decreased from that described in the applicable Purchase Agreement or Addendum to a Purchase Agreement. 2.2 SUBSCRIPTION. Subject to the terms and conditions of this Agreement, during the term of this Agreement Cartegraph will provide Customer with a non-exclusive, non-transferable, and non-sublicensable subscription to allow employees and independent contractors of Customer (“Users”) to access and use the Solutions, solely for purposes of Customer’s own internal use and operations. If Customer has purchased a per-user subscription, as indicated in the applicable Purchase Agreement, only the finite number of subscriptions indicated in each applicable Purchase Agreement have been purchased by Customer and only that finite number of Users may access and use the Solutions at any given time. If Customer has purchased an unlimited subscription, as indicated in the applicable Purchase Agreement, all Users associated with Customer are permitted to access and use the Solutions at any given time. In either case, the subscription applies only to the Users and does not allow access to or use of the Solutions by any affiliated entities or organizations, or any other entity unless approved in advance by Cartegraph in writing. 2.3 ACCESS. Customer may access the Solutions solely through the account established for Customer (an “Account”). Customer will be permitted to establish user identifications and passwords through which individual Users may access the Solutions through Customer’s Account (“User IDs”). Each User ID is issued to a specific User and may be used only by that User. Customer will ensure that all information about each User provided to Cartegraph in connection with establishing each User ID is accurate and complete and will maintain that information as accurate and complete throughout the term of this Agreement. Customer is and will remain solely responsible for all use of the Solutions by any User and for compliance by each User with the applicable terms of this Agreement. If Customer authorizes an independent contractor or consultant as a User, in addition to being responsible for such independent contractor’s or consultant’s actions as a User, Customer shall also require such independent contractor or consultant to agree to terms at least as protective of the Solutions as those contained in this Agreement prior to being granted access to the Solutions. Customer will ensure the security and confidentiality of each User ID and will use commercially reasonable efforts to prevent unauthorized access to or use of the Solutions. Customer will notify Cartegraph promptly of any such unauthorized access or use of the Solutions or if any User ID is lost, stolen, or otherwise compromised. Customer acknowledges that Customer is and will remain fully responsible for all costs, fees, liabilities, or damages incurred through any access to or use of the Solutions through Customer’s Account or by any User (whether lawful or unlawful) and that any Services used or transactions facilitated through Customer’s Account or under any User ID will be deemed to have been completed by Customer. In no event will Cartegraph be liable for the foregoing obligations or any failure by Customer to fulfill such obligations. 2.4 RESTRICTIONS. The Solutions, the software, hardware, databases, and other technology used by or on behalf of Cartegraph to provide the Solutions (the “Cartegraph Technology”), and their structure, organization, and underlying data, information, and source code, constitute valuable trade secrets of Cartegraph and its licensors. As a condition to the use of and access to the Solutions, Customer will not, and will not permit any User or other third party to: (a) access or use the Solutions except as expressly permitted by this Agreement; (b) access or use the Cartegraph Technology directly, except through the Solutions as expressly provided in this Agreement; (c) use the Solutions in any unlawful or illegal manner or in any other manner that could damage, disable, overburden or impair the Cartegraph Technology; (d) use automated scripts to collect information from or otherwise interact with the Cartegraph Technology; (e) alter, modify, reproduce, create derivative works of the Cartegraph Technology; (f) distribute, sell, resell, lend, loan, lease, license, sublicense, transfer, or otherwise make available the Solutions or any of Customer’s rights to access or use the Solutions or any Service to any third party; (g) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method Page 9 of 21 125 of operation of or any trade secrets embodied in the Cartegraph Technology; (h) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Cartegraph Technology; (i) use the Cartegraph Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking, business intelligence, data mining, or competitive purposes; or (j) interfere in any manner with the operation or hosting of the Cartegraph Technology. 2.5 THIRD PARTY OFFERINGS. Customer agrees and acknowledges that certain portions of the Solutions may be provided by third-party providers (“Third-Party Offerings”). Customer’s access to and use of any Third-Party Offering is also subject to any other agreement separate from this Agreement that Customer may enter into (or may have entered into) relating to those Third-Party Offerings (“Third Party Terms”). In addition to the terms of this Agreement, access to and use of each Third-Party Offerings is also subject to the terms and conditions of any Third-Party Terms applicable to that Third-Party Offering. Except as set forth in this Agreement, any applicable Third-Party Terms will control in the event of a conflict between the terms of this Agreement and those Third-Party Terms. Except as expressly set forth in any Third-Party Terms, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Third Party Offerings. 3. SERVICES. If Customer enters into a Purchase Agreement, including any applicable Addendum specifying any of the following Services, Cartegraph will use commercially reasonable efforts to provide those Services to Customer during the term of this Agreement. All such Services are provided subject to the terms and conditions of this Agreement. Cartegraph has no obligation to provide any of the following Services unless specified in a Purchase Agreement or Addendum to this Agreement. 3.1 ON-SITE INSTALLATION SERVICES. Cartegraph will provide Customer with deployment and installation Services for the Solutions if indicated in a Purchase Agreement (“On-Site Installation Services”). On-Site Installation Services will be subject to scheduling in cooperation with Customer. Customer will provide all equipment and hardware stated in such Purchase Agreement, and any additional equipment and hardware reasonably necessary for the operation of the Solutions. Customer shall be responsible for maintaining the equipment and hardware, which shall include providing sufficient resources (e.g., electricity, HVAC, or other resources) necessary for the equipment and hardware to properly operate. Cartegraph’s warranties and indemnification obligations contained in this Agreement shall be limited to the extent that such obligation arises from Customer’s equipment and hardware. Customer shall coordinate with Cartegraph to provide Cartegraph with the level of access to the equipment and hardware to perform On-Site Installation Services and any other Services as specified in a Purchase Agreement. If no level of access is specified in a Purchase Agreement, then all access by Cartegraph to the equipment and hardware shall be remote access. Unless otherwise specified in a Purchase Agreement, Cartegraph shall have no obligation to perform the On-Site Installation Services, or any other Services, on Customer’s premises. If Cartegraph determines that it is necessary to perform any Services on Customer’s premises, Cartegraph shall first receive approval from Customer prior to performing such Services on Customer’s premises. Cartegraph shall have no responsibility to Customer for any liability to the extent that such liability arises from Customer’s failure to provide Cartegraph sufficient or timely access to the equipment or hardware. Customer understands that Customer does not receive any rights to the Cartegraph Technology separate and apart from Customer’s right to access the Solutions installed on-site by Cartegraph as described in this Agreement. If Customer requires additional rights to access the Solutions, Customer shall obtain Cartegraph’s prior written consent. Upon termination or expiration of this Agreement, Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Technology then in Customer’s possession or control and certify in writing signed by an officer of Customer that it has fully complied with the foregoing obligations. 3.2 SUPPORT SERVICES. Cartegraph will provide Customer with support Services for the Solutions as specified in Addendum C if such Addendum is attached to a Purchase Agreement (“Support Services”). 3.3 FIELD SERVICES. Page 10 of 21 126 Cartegraph will provide Customer with the field implementation Services for the Solutions as specified in Addendum B if such Addendum is attached to a Purchase Agreement (“Field Services”). Field Services will be subject to scheduling in cooperation with Customer. 3.4 DATA SERVICES. Cartegraph will provide Customer with the data collection Services for the Solutions as specified in Addendum C if such Addendum is attached to a Purchase Agreement (“Data Services”). Data Services will be subject to scheduling in cooperation with Customer. 3.5 PROFESSIONAL SERVICES. Cartegraph will perform any additional professional Services relating to the Solutions (“Professional Services”) if specified in any written statement of work mutually agreed to by both parties under this Agreement. Cartegraph will perform all Professional Services at the rates for those Professional Services set forth in each applicable statement of work, or, if no rates are set forth in an applicable statement of work, at Cartegraph’s then-current rates for those Professional Services. Professional Services shall be performed during the working hours stated in the statement of work applicable to those Professional Services, or, if no working hours are stated, the Professional Services will be provided during the hours of 7:00 a.m. to 7:00 p.m., Central Standard or Central Daylight Time, whichever is applicable, Monday through Friday excluding holidays. 4. SOFTWARE. Cartegraph may provide Customer with software in connection with the Solutions (“Software”). Unless any Software provided by Cartegraph in connection with the Solutions is subject to a license or other agreement separate from this Agreement that Customer has entered into (or may enter into) with Cartegraph (a “Software License Agreement”), Cartegraph grants Customer a limited, non-exclusive, non-transferrable, non-assignable, license solely to install and execute the Software in accordance with the instructions provided by Cartegraph for Customer’s own internal use and operations in connection with Customer’s access to and use of the Solutions. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), Customer is granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software, and Customer may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, transfer, sell, distribute, or in any way exploit any Software without the prior written permission of Cartegraph. Except as set forth in this Agreement, the terms of any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement. Customer agrees that use of the Software is limited as described in the Purchase Agreement, as either: (1) Browser Based User – Each browser-based User is defined by User ID; or For Server Software – One copy of Software for each server. Customer agrees that Cartegraph may audit Customer’s Software usage remotely or on-site upon reasonable notice and during standard business hours. Prevention of audit by Customer may be grounds for termination of this Agreement. Cartegraph and its licensors will not be responsible to Customer for loss of use of any Software or for any other liabilities arising from alterations, additions, adjustments, or repairs which are made to any Software by Customer or other third parties. Cartegraph reserves the right to terminate the licenses granted to any Software or any Services provided in connection with that Software upon written notice to Customer if any such alteration, addition, adjustment, or repair adversely affects Cartegraph’s ability to render Services. 5. FEES AND PAYMENT. 5.1 FEES. Customer agrees to pay Cartegraph all fees specified in any Purchase Agreement and as otherwise specified in this Agreement (“Fees”). 5.2 PAYMENT. All Fees will be invoiced in advance in accordance with the terms applicable to such Fees. If no terms for an applicable Fee are set forth in the applicable Purchase Agreement, such Fees will be invoiced on a monthly basis following the end of the month in which they were incurred. All Fees as set forth on each invoice issued by Cartegraph under this Agreement will be due and payable by Customer in immediately available U.S. funds within 30 days of the date of invoice. If Customer has not made payment within 30 days of the date of invoice, Page 11 of 21 127 Customer shall be in default. Customer’s default will constitute sufficient cause for Cartegraph to suspend Customer’s access to the Solutions or any Services upon notice to Customer. All Fees will be non-refundable once paid to Cartegraph (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under applicable law. If Cartegraph requires use of collection agencies, attorneys, or courts of law for collection on Customer’s account, Customer will be responsible for those expenses. Customer will be responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement. 5.3 TAXES. The Fees do not include any local, state, provincial, federal or foreign taxes, levies, assessments, duties, or other governmental charges of any kind or nature, including, without limitation, any value-added tax (VAT), stamp or other similar tax, social security (or local equivalent), state or regional tax, or income or other federal tax (“Taxes”). Customer is responsible for paying all Taxes that may be imposed by way of the performance of either party under this Agreement, excluding only Taxes based on Cartegraph's net income. If Cartegraph is found or deemed to have a legal obligation to pay or collect any Taxes for which Customer is responsible under this Agreement, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Cartegraph with a valid tax exemption certificate authorized by the appropriate taxing authority. 5.4 FEE INCREASES. Cartegraph may increase the Fees applicable to Customer to the then-current prices for the next Renewal Term by providing notice of such increase at least 60 days before the beginning of such Renewal Term. If after receiving such notice Customer wishes not to renew the Agreement for the next Renewal Term, Customer must provide written notice to Cartegraph of Customer’s intent not to renew this Agreement at least 60 days before the end of the Initial Term or any such Renewal Term. 5.5 EXPENSES. Customer shall reimburse Cartegraph for reasonable expenses incurred during the provision of Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. Estimated expenses shall be included in each Purchase Agreement. Cartegraph shall not exceed the estimated expenses without written approval from Customer. 6. TERMINATION. 6.1 TERMINATION FOR CAUSE. Either party may terminate this Agreement immediately upon notice to the other party if the other party: (a) materially breaches this Agreement and fails to remedy such breach within 30 days after receiving notice of the breach from the other party; (b) materially breaches this Agreement in a manner that cannot be remedied; or (c) commences bankruptcy or dissolution proceedings, has a receiver appointed for a substantial part of its assets, or ceases to operate in the ordinary course of business. 6.2 SERVICE DISCONTINUANCE. If Cartegraph at any time discontinues offering any Solutions or any Services to customers, Cartegraph will give Customer reasonable advance notice of such discontinuation. Upon such date of discontinuation, Cartegraph will have the right to terminate this Agreement as to those Solutions or Services upon notice to Customer. As of the date of termination, Cartegraph will credit to Customer, on a pro-rated basis, any pre-paid Fees under this Agreement and Cartegraph shall have no further obligation to provide the Solutions or any Service under this Agreement. 6.3 SUSPENSION. Without limiting Cartegraph’s right to terminate this Agreement, Cartegraph may suspend Customer’s access to the Solutions or any Services upon notice to Customer following any breach of this Agreement if deemed reasonably necessary by Cartegraph to prevent any damage, injury, or harm to Cartegraph, the Cartegraph Technology, any other Cartegraph customer, or any third party. 6.4 EFFECT OF TERMINATION. Page 12 of 21 128 All Purchase Agreements shall terminate immediately upon termination of this Agreement. Upon termination or expiration of this Agreement for any reason, and following any applicable Transition Period: (a) Cartegraph may cease providing access to all Solutions and Services under this Agreement; (b) all subscriptions and other rights and licenses granted to Customer under this Agreement will terminate; (c) Customer will immediately cease all use of and access to all Solutions and Services; (d) all Fees and other amounts then owed by Customer under this Agreement will become immediately due and payable to Cartegraph; (e) Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Data and Cartegraph Confidential Information (each as defined below) then in Customer’s possession or control; and (f) Cartegraph will either return to Customer or, at Customer's discretion, destroy any Customer Data and Customer Confidential Information) then in Cartegraph’s possession or control. The following Sections will survive termination or expiration of this Agreement for any reason: 5 (Fees and Payment), 6.4(Effect of Termination), 7 (Ownership), 10 (Disclaimer), 11 (Indemnification), 12 (Limitation on Liability), 14 (Confidentiality), 15 (Governing Law), 16 (Non-Solicitation), 17 (Force Majeure), 18 (Notice), and 19 (Additional Terms). 6.5 TRANSITION SERVICES. Except in the case of a termination under Section 6.1 by Cartegraph, at any time prior to the effective date of any termination or expiration of this Agreement, Customer may request that Cartegraph continue to provide Customer with any Services then provided under this Agreement for purposes of transitioning and migrating Customer off of the Solutions (“Transition Services”). Upon such request, the parties will develop a mutually agreed to transition plan describing the Transition Services and each party’s respective obligations in connection with the transition and migration of Customer off of the Solutions (“Transition Plan”). Cartegraph will provide the Transition Services for the period agreed to in the Transition Plan, such period not to exceed 180 days following termination or expiration of this Agreement (the “Transition Period”). Customer will compensate Cartegraph for all Transition Services at rates specified in the Transition Plan or, if no rates are agreed upon by the parties prior to the performance of the Transition Services, at Cartegraph’s then current rates for the Services. All Transition Services will otherwise be subject to the terms of this Agreement. 7. OWNERSHIP. Cartegraph retains all right, title, and interest in and to the Solutions, Cartegraph Technology, Cartegraph Data, any additions, improvements, updates, new versions, or other modifications thereto created by either party, whether or not through the Services, alone, jointly, or with any third party, and all IPR (as defined below) therein and related thereto. Customer does not receive any ownership interest in or to any of the foregoing, and no right or license is granted to Customer to use any of the foregoing apart from Customer’s right to access and use the Solutions under this Agreement. Customer will perform all acts reasonably necessary to assist Cartegraph in perfecting and defending Cartegraph’s ownership interest in any of the foregoing. Without limiting the foregoing, Customer agrees to and does hereby make all assignments necessary to provide Cartegraph with the ownership rights set forth in this Section. All names and logos associated with the Solutions and other Services are trademarks of Cartegraph (or its third-party providers) and no right or license is granted to Customer to use them. Any rights not expressly granted to Customer hereunder are reserved by Cartegraph. Customer will not remove or alter any proprietary rights legend on the Solutions, Cartegraph Technology, or Cartegraph Data. For purposes of this Agreement, “IPR” means any and all intellectual property and other proprietary rights throughout the world, including, all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, rights in data and databases, and contract rights. 8. DATA. 8.1 CUSTOMER DATA. As between Customer and Cartegraph, Customer retains ownership of all data, information, and other content provided to Cartegraph or through the Solutions by or on behalf of Customer (“Customer Data”). Customer is responsible for all Customer Data, including the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Customer will obtain and maintain all authorizations, approvals, permissions, and other rights necessary for Cartegraph to use and process all Customer Data in the performance of the Services and any other obligations of Cartegraph under this Agreement. Customer will maintain an adequate back-up of all Customer Data and, except for any express obligations of Cartegraph to maintain back-up copies of Page 13 of 21 129 Customer Data, Cartegraph will not be responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Customer Data. 8.2 CARTEGRAPH DATA. As between Cartegraph and Customer, Cartegraph retains ownership of all data, information, and other content provided to Customer through the Solutions and the other Services, excluding any Customer Data (“Customer Data”). Subject to the terms of this Agreement, Customer may access the Cartegraph Data without modification solely for Customer’s own internal business purposes in connection with Customer’s use of and access to the Solutions. Cartegraph uses commercially reasonable measures to ensure the accuracy and reliability of all Cartegraph Data, but except as expressly provided herein Cartegraph will not be responsible for any erroneous data, information, or content provided through the Solutions. Except as expressly provided in this Agreement, Customer is granted no rights in or to the Cartegraph Data. 8.3 DATA SECURITY. Cartegraph shall establish and maintain during the term an information security policy providing for reasonable administrative, technical, physical safeguards and security measures designed to protect against the unintended or unauthorized destruction, loss, alteration, or access of any Customer Data in the possession or control of Cartegraph, which safeguards and measures are compliant with applicable federal, state, provincial, or local laws, rules, and regulations (“Laws”). Customer will establish and maintain during the term reasonable and appropriate administrative, technical, and physical safeguards and security measures designed to protect against the unintended or unauthorized destruction, loss, alteration, or access of any Cartegraph Data in the possession or control of Customer, which safeguards and measures are consistent with applicable Laws. Each party will promptly notify the other party of any data security breach or similar incident that has, or might have, compromised the privacy or security of any Customer Data or, in the case of Customer, any Cartegraph Data in the possession or control of such party. 8.4 DATA PRIVACY. Cartegraph may use and disclose data and information collected through the operation of the Solutions solely as described in this Agreement and in Cartegraph’s then-current privacy policy applicable to the Solutions. Notwithstanding anything to the contrary in the privacy policy, Cartegraph will have the right to collect and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) resulting from Customer’s access to and use of the Solutions. To the extent any such non- personal information is collected or generated by Cartegraph, the data and information may be used by Cartegraph, or its permitted service providers, for any lawful business purpose, provided that the data and information is used only in an aggregated form, without directly identifying Customer, or any other User, as the source thereof. 8.5 RECORDS/INSPECTION. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Cartegraph agrees that the books, records, documents, and accounting procedures and practices of Cartegraph, that are relevant to the contract or transaction, are subject to examination by Customer and the state auditor or legislative auditor for a minimum of six years. Cartegraph 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 and that the above documents that are relevant to this transaction are the contract and any related invoices. In no event shall any audit occur: (1) more than one (1) time per calendar year, (2) on less than three (3) business days prior written notice or outside of Cartegraph’s normal business hours, and (3) on systems where such audit may, in Cartegraph’s sole reasonable discretion, violate its third party confidentiality obligations. 8.6 DATA PRACTICES ACT COMPLIANCE. Any and all data provided to Cartegraph, received from Cartegraph, created, collected, received, stored, used, maintained, or disseminated by Cartegraph 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. Cartegraph 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 the Page 14 of 21 130 Cartegraph 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. 9. REPRESENTATIONS AND WARRANTIES. 9.1 GENERAL. Each party represents, warrants, and covenants to the other party that: (a) it has and will continue to have during the term hereof, all rights, power, and authority necessary to enter into this Agreement and perform all of its obligations under this Agreement; (b) the performance of its obligations under this Agreement does not and will not violate any Law applicable to such party’s performance, any rights of any third party, or any agreement by which such party is bound; and (c) it will procure all rights, certificates, licenses, permits, or other approvals required for its performance under this Agreement. 9.2 PERFORMANCE. During the term of this Agreement, Cartegraph represents and warrants to Customer that Cartegraph will use commercially reasonable efforts to maintain and verify that the Solutions operate in accordance with the applicable documentation for the Solutions provided to Customer by Cartegraph and in accordance with any other levels of performance specified in this Agreement or applicable Purchase Agreement. Cartegraph’s sole obligation and Customer’s sole and exclusive remedy in the event of any failure of the Solutions to comply with any such performance levels will be for Cartegraph to, at its option: (a) remedy the failure or re-perform the affected Services; or (b) refund Customer the portion of any Fees applicable to the portion of the Solutions subject to the failure. 9.3 NON-INFRINGEMENT. Cartegraph represents and warrants to Customer that the use by Customer of the Solutions during the term and in accordance with this Agreement (the “Covered Services”) will not infringe any third party U.S. patent or copyright or misappropriate any third party trade secret in existence under any Laws of any state within the U.S. As Cartegraph’s sole obligation and Customer’s sole and exclusive remedy for of any failure by Cartegraph to comply with the foregoing sentence, Cartegraph will defend Customer against any such failure as set forth in Section 11.2. 10. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOLUTIONS AND ALL SERVICES UNDER THIS AGREEMENT, AND ALL CARTEGRAPH DATA PROVIDED THROUGH THE SOLUTIONS OR THOSE SERVICES, ARE PROVIDED TO CUSTOMER STRICTLY “AS IS” AND “AS AVAILABLE” AND CARTEGRAPH AND ITS PROVIDERS EXPRESSLY DISCLAIM, AND CUSTOMER DISCLAIMS ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD THERETO OR TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AVAILABILITY OR ERROR-FREE OPERATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARTEGRAPH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT. 11. INDEMNIFICATION. 11.1 GENERAL. Cartegraph will defend Customer and its officers, directors, employees, and agents (its “Related Parties”) from and against any claim, allegation or action (any “Action”) brought against Customer or one of its Related Parties by a third party (other than by Customer itself or another of its Related Parties) to the extent relating to, resulting from, or arising out of the gross negligence or willful misconduct of Cartegraph in the performance (or failure to perform) any of its obligations under this Agreement. Cartegraph will further pay those losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees and court costs) (“Losses”) finally awarded against Customer or one of its Related Parties in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. Page 15 of 21 131 11.2 NON-INFRINGEMENT. Cartegraph will defend Customer from and against any Action brought against Customer by a third party (other than a Customer Related Party) that the use by Customer of the Covered Services infringes any U.S. patent, or copyright or misappropriates any trade secret in existence under any Laws of any state within the U.S. Cartegraph will pay those Losses finally awarded against Customer in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. If Customer is, or Cartegraph reasonably believes Customer may be, enjoined from using any Covered Service due to an Action covered by this Section, Cartegraph may procure the right for Customer to continue using the Covered Service, replace or modify the Covered Service so that it becomes non-infringing, or terminate this Agreement and provide Customer a refund of any pre-paid amounts applicable to the Covered Service (if any). Cartegraph will have no obligation under this Section or otherwise with respect to any Action or Losses in the case of: (a) any use of any Covered Service other than by Customer; (b) any use of any Covered Service not under and in accordance with this Agreement; (c) any use of any Covered Service in combination with products, equipment, services, processes, software, data or information not supplied by Cartegraph; or (d) any modification of or enhancement to any Covered Service other than by Cartegraph. This Section constitutes Cartegraph’s sole and exclusive liability, and Customer’s sole and exclusive remedy, for any infringement or misappropriation of IPR or any other rights relating to the solutions. 11.3 BY CUSTOMER. Not used. 11.4 CONDITIONS. All obligation of each party to defend or indemnify the other party or any Related Party under this Agreement are conditioned upon the party seeking defense or indemnification (the “Indemnified Party”) providing the other party with: (a) prompt notice of any such claim for indemnification or defense after receiving notice thereof; (b) sole control over the defense and settlement of such claim, provided that any settlement that will require the other party to assume any liability other than the payment of monies will be subject to the other party’s prior written consent; and (c) reasonable assistance in such defense or settlement (at the indemnifying or defending party’s expense). 12. LIMITATION ON LIABILITY. IN NO EVENT WILL CARTEGRAPH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THIS AGREEMENT, INCLUDING THE USE OF OR ACCESS TO THE SOLUTIONS OR ANY SERVICES OR THE CARTEGRAPH TECHNOLOGY (OR ANY CARTEGRAPH DATA), EVEN IF CARTEGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF DATA, OPPORTUNITY, LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES. CARTEGRAPH’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SOLUTIONS, AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO CARTEGRAPH HEREUNDER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING CAUSE TO SUCH LIABILITY. CUSTOMER AGREES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT CARTEGRAPH WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, CARTEGRAPH’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13. INSURANCE. If Cartegraph will provide Services at Customer’s location, Cartegraph will carry commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage. Page 16 of 21 132 14. CONFIDENTIALITY. 14.1 PROTECTION. The parties expect to share information with each other related to the business and activities identified in this Agreement (“Purpose”). Each party (the “Receiving Party”) may from time to time receive or otherwise obtain data or information regarding the business, finances, services, or technology of the other party (the “Disclosing Party”), including, without limitation, technical, advertising, marketing, sales, financial, pricing, employee, customer, and planning information, or any other information that by its very nature the Receiving Party should know is confidential (“Confidential Information”). The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or permitted contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information in the same manner as the Receiving Party protects its own confidential information of a similar nature and with no less than reasonable care. 14.2 CONFIDENTIAL OR PROPRIETARY INFORMATION. Confidential Information means all trade secrets or proprietary information conveyed by one party to the other as defined below. Each party will hold in confidence, and will not disclose to any unauthorized personnel, any Confidential Information of the other party. Each party will use such Confidential Information only for the Purpose for which it is intended. Each party deems all software and related documentation provided by the other party to be Confidential Information. For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to the Disclosing Party and not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to: (i) any marketing strategies, plans, financial information, or projections, operations, sales estimates, business plans and performance results relating to the past, present or future business activities of such party, its affiliates, subsidiaries and affiliated companies; (ii) plans for products or services, and customer or supplier lists; (iii) any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; (iv) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; AND (a) any information marked “Confidential” or “Proprietary” or the like; and (b) any other information that should reasonably be recognized by Receiving Party as Confidential Information of the Disclosing Party. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. Information which is orally or visually disclosed by one party to the other, or is disclosed in writing without an appropriate letter, proprietary stamp or legend, will constitute Confidential Information of the releasing party if: (a) it would be apparent to a reasonable person, familiar with the business of the releasing party and the industry in which it operates, that such information is of a confidential or proprietary nature; or (b) The releasing party, within thirty (30) days after such disclosure, delivers to the receiving party a written document describing such information and referencing the place and date of such oral, visual, or written disclosure, and the names of receiving party personnel to whom such disclosure was made. Each party agrees not to use any confidential or proprietary information received by it under this Agreement for any purpose other than the Purpose. Except as otherwise permitted hereunder, each party agrees not to disclose any Confidential Information received by it under this Agreement to any third party, corporation, or other entity without the prior written consent of the other party and shall limit its disclosure to its employees having a need to know such information. Each party will adopt and maintain programs and procedures which are reasonably calculated to protect confidential or proprietary information, and will be responsible to the other party for any unauthorized disclosure or misuse of confidential or proprietary information which results from a failure to comply with this provision. Each party will promptly report to the other party any actual or suspected violation of the terms of this Agreement and will take all reasonable further steps requested by and at the expense of the offended party to prevent, control, or remedy any such violation. Page 17 of 21 133 14.3 LIMITATION ON OBLIGATIONS. The Receiving Party’s obligations with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already lawfully known to the Receiving Party as of the Effective Date; (b) is disclosed to the Receiving Party after the Effective Date by a third party who had the right to make such disclosure without any confidentiality restrictions; or (c) is, or through no fault of the Receiving Party becomes, generally available to the public. The Receiving Party may disclose the Confidential Information of the Disclosing Party if compelled or required to do so by a court of competent jurisdiction or other governmental entity having jurisdiction over the Receiving Party, including required disclosures under the Minnesota Government Data Practices Act (the "MGDPA"), provided that the Receiving Party provides the Disclosing Party with notice of such requirement and provides reasonable assistance to the Disclosing Party in any attempts to contest such disclosure or obtain a protective order or other applicable limitation with respect to such disclosure. In any event, the Receiving Party will be entitled to receive payment of its expenses and costs actually incurred in responding to such disclosure request and will disclose only such portion of any Confidential Information as it is legally compelled or required to disclose. 14.4 OWNERSHIP OF SOFTWARE AND INTELLECTUAL PROPERTY Each party is, and will remain, the exclusive owner, or is the authorized agent of the owner, of its software and other Confidential Information. All patent, copyright, trade secret, trademark, and other intellectual property rights remain solely with the party. No license or conveyance of any such rights to the other party is granted or implied under this Agreement. Use, examination, reproduction, copying, disassembly, decompilation, transfer, reverse engineering, or disclosure to others, in whole or in part, of a party’s software is strictly prohibited except as provided for under this Agreement. 14.5 RETURN OF CONFIDENTIAL INFORMATION. As permitted under the MGDPA, the Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the request of the Disclosing Party or when such Confidential Information is no longer needed in connection with its performance under this Agreement, whichever comes first. At the Disclosing Party’s request, the Receiving Party will certify in writing signed by an officer of the Receiving Party that it has fully complied with the foregoing obligations. 15. GOVERNING LAW. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the state/province where the Customer has its principal place of business. Each party agrees that it will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state/provincial court in the state/province where the Customer has its principal place of business, and each party irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts. 16. NON-SOLICITATION. During the term of this Agreement and for a period of 12 months thereafter, Customer will not, directly or indirectly, for itself or on behalf of or in conjunction with any other third party, solicit, induce, hire, contract with, or engage the employment of an employee of Cartegraph, unless Customer: (1) obtains the prior written consent of Cartegraph, as applicable; and (2) pays Cartegraph as applicable a fee to be mutually agreed upon. If Customer directly employs or contracts with an employee of Cartegraph without the prior written consent of Cartegraph, Customer shall pay as damages 2 times the then yearly salary of the employee in question. The parties acknowledge and agree that the foregoing is not intended as a penalty of any kind but as reasonable and adequate compensation to Cartegraph in the event Customer should directly employ or contract with an employee of Cartegraph without the prior written consent of Cartegraph. 17. FORCE MAJEURE. Neither party will be held responsible for failure or delay in the performance of any obligation under this Agreement, with the exception of the obligation to pay Fees, if such failure or delay is due to acts of God, war, Page 18 of 21 134 terrorism, strikes, boycotts, labor disputes, fire or other loss of facilities, accident or any other cause beyond its control (each, a “Force Majeure”). If the performance of any obligation under this Agreement by either party is prevented, restricted or interfered with by reason of a Force Majeure event, the party whose performance is so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such Force Majeure event, provided that the party so affected will take all reasonable steps to avoid or remove such causes of non-performance and will continue performance hereunder with dispatch whenever such causes are removed. 18. NOTICE. All notices, reports, consents, authorizations and approvals to be given by a party hereunder will be in writing and will either be via: (1) hand-delivery; (2) reputable overnight mail service; (3) facsimile transmission, provided that an original copy of a transmission will be delivered by some other means permitted under this Agreement; or (4) certified mail, return receipt requested, to the other party at its respective addresses set forth above. All notices will be effective upon receipt (or when delivery is refused), or 3 business days after being deposited in the mail as required above, whichever occurs sooner. Either party may change its address for notice by giving notice of the new address to the other party. 19. ADDITIONAL TERMS. Unless otherwise amended as provided herein, this Agreement will exclusively govern Customer’s access to and use of the Solutions and all Services and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties. Except as expressly set forth in this Agreement, this Agreement may be modified or amended only in writing signed by both parties. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither this Agreement nor any rights or obligations of Customer hereunder may be assigned without the prior written approval of Cartegraph. Any assignment in violation of the foregoing will be null and void. Cartegraph may assign this Agreement to any party that assumes Cartegraph’s obligations hereunder, including by sale, merger, consolidation, or operation of law or otherwise. Cartegraph may subcontract its obligations under this Agreement, provided that Cartegraph remains responsible for compliance with the applicable terms of this Agreement as to those obligations. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The preprinted terms of a purchase order or any other similar document will not apply to or modify this Agreement. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers', and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Customer gives Cartegraph permission to use Customer’s name or logo for public press releases and customer stories. Cartegraph provides the Solutions, including related software and technology, for federal government end use as a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Solutions are provided to the Customer with only those restricted rights as provided under the terms and conditions of this Agreement. If a government agency has a need for rights not conveyed under these terms, it must negotiate with Cartegraph to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Page 19 of 21 135 City of Golden Valley / 1/18/2023 ADDENDUM E Cartegraph OMS Editions Cartegraph OMS supports customers in the operation, maintenance, and management of the following asset domains. By employing these features as applicable, customers can effectively manage and report on the assets that they care about. Indicated below are the capabilities and options available for each OMS Edition at the time this document was prepared, which are subject to change. Essentials Pro Plus Premium Dashboard / Home Screen Included Included Included Included User Management Included Included Included Included Role Management Included Included Included Esri GIS Integration Included Included Included Included Report Viewer Included Included Included Included Library Management Included Included Included Included Standard KPI / ROI gadgets Included Included Included Included Esri Identity-Ready Included Included Included Included Structure Manager Included Included Included Layout Manager Included Included Included Import / Export Included Included Included Record Filter Administration Included Included Included Container / Component Included Included Included Included Embedded Maps Included Included Included Included Report Designer Included Included Included Integration Toolkit Option Option Included Cartegraph for Zapier Option Option Included Included Automation Manager Included Included Notification Manager Included Included Included Routing – Esri Identity Required Included Included Included Included Geocode Options- Esri Identity Required Included Included Included Included Work Task Management Included Included Included Included Page 20 of 21 136 City of Golden Valley / 1/18/2023 Work Orders Included Included Task Calendar Included Included Included Included Scenario Builder Option Included Request Request Management Required w/ SeeClickFix Included Included Included SeeClickFix Option Option Option Option Internal Requests Option Included Included Resources Resource Management (LEMV)Included Included Included Included Advanced Material Management Option Included Fleet Management Option Included Included Assets Asset Inventory By Domain/Asset By Domain/Asset By Domain/Asset By Domain/Asset Container / Component Included Included Included Included Preventative Maintenance Plans Included Included Included Asset Condition Manager / Advanced Inspections Required w/ Fleet Mgmt.Included Included Asset Builder Option Option Included Page 21 of 21 137 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.4. Approve Professional Services Agreement for Electrical Inspections Services with Stephen Tokle Inspections, Inc. Prepared By Dan Anderson, Building Official Summary In December of 2022, the Inspections Department received quotes for providing Electrical inspections and electrical plan review on commercial, residential, industrial, and new and remodeled construction projects. Staff reviewed the proposals and found that Stephen Tokle Inspections Inc. meets and exceeds the expectations set in the request for proposal. Financial or Budget Considerations Payments are based on 80% of permit fees. Legal Considerations This contract is on the City's professional services agreement template and was reviewed and approved by the City Attorney. Equity Considerations This item aligns with the inclusive community engagement and advancement of diversity, equity, and inclusion pillars of the City's Equity Plan. Recommended Action Motion to approve the Professional Services Agreement for Electrical Inspections with Stephen Tokle Inspections in the form approved by the City Attorney. Supporting Documents PSA for Electrical Inspection Services 138 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made this 7th day of February 2023 (“Effective Date”) by and between Stephen Tokle Inspections, Incorporated a Minnesota company with its principal office at 10363 Vermillion Circle Northeast, Blaine, Minnesota 55449 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A.Consultant is engaged in the business of providing electrical inspections and services. B.The City desires to hire Consultant to provide electrical inspection services for the City of Golden Valley. C.Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D.The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1.Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2.Time for Completion. This Agreement shall remain in force and effect commencing from the effective date and continuing until February 28, 2026, unless terminated by the City or amended pursuant to the Agreement. 3.Consideration. The City shall pay Consultant for the Services on an hourly basis according to Consultant’s fee schedule, attached hereto as Exhibit B. The consideration shall be for both the Services performed by Consultant and the expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted. 4.Expense Reimbursement. Consultant shall not be compensated separately for necessary incidental expenses. All expenses of Consultant shall be built into Consultant’s hourly 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. 139 2 5. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant’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 Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 140 3 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: Workers’ Compensation and Employers’ Liability 1. Coverage A: Per State Statute 2. Coverage B: $500,000 Each Accident $500,000 Disease – Policy Limit $500,000 Disease – Each Employee Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products – Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non-Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability provides excess limits for the Commercial General Liability, Employers’ Liability, and Commercial Automobile Liability policies. Professional and Pollution Incident Liability Professional Liability insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim/ $5,000,000 Annual Aggregate. Consultant shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10 days written notice in the case of non-payment. 12. Subcontracting. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written consent of the other except to the extent that the effect of this limitation 141 4 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 Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Assignment. Neither the City nor Consultant 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. 14. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 15. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 16. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 18. 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 142 5 Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 20. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 22. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 23. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 143 6 24. Diversity Equity and Inclusion Training. Both parties desire their workplaces and interactions with City employees and residents to reflect of the City’s values in Equity, Diversity, and Inclusion. The City has dedicated resources and employees skilled in these areas to continue to transform City policies and practices to achieve these values. The City agrees to invite Consultant to periodic Diversity, Equity and Inclusion trainings and Consultant agrees to attend such trainings. 25. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 26. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Stephen Tokle Inspections Incorporated City of Golden Valley 10363 Vermillion Circle Northeast ATTN: Dan Anderson Blaine, MN 55449 7800 Golden Valley Road stevetokleinsp@hotmail.com Golden Valley, MN 55437 dlanderson@goldenbvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the municipality for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 144 7 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. STEPHEN TOKLE INSPECTIONS INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Name: STEPHEN P. TOKLE Title: PRESIDENT By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 145 8 EXHIBIT A SCOPE OF SERVICES 146 Transmittal Letter I, Stephen Tokle, owner of Stephen Tokle Inspections Inc. will understands that the work to be performed is as follows: 1. Commercial plan review on commercial and industrial new construction and major remodel. 2. Do inspections throughout the day and answer the phone with questions. 3. Be professional on job sites and with clients. I believe my company is best qualified for this job for the following reasons: I have been an inspector for 15 years and have a good reputation with my contractors, building officials and home owners. The proposal is valid for 120 days after the proposal due date. X Stephen Tokle President 147 EXHIBIT B 148 Compensation Proposal: I, owner of Stephen Tokle Inspections Inc., Compensation Proposal is as follows: 1. I will do inspections at 80% of the permit fees. 2. I will do plan review at an agreed upon compensation, if given the contract. 3. I can have inspection results within 48 hours if given access to the proper software. 4. I will send billing once a month for payment from the city. 5. I have my own phone and website to set up inspections at NO cost to the city. 149 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.5. Approve Agreement with Traverse des Sioux Garden Center and Landscape for the Medley Park Stormwater Restoration Project No. 22-18 Prepared By Drew Chirpich, Water and Natural Resource Specialist Eric Eckman, Environmental Resources Supervisor Summary In September of 2021, the City Council approved a cooperative agreement with the Bassett Creek Watershed Management Commission (BCWMC) and a professional services agreement with Barr Engineering Co to design and construct the Medley Park Stormwater Improvement Project. The project includes water quality treatment, flood risk reduction, and habitat improvements that will benefit the Medley Park area and the surrounding watershed including Medicine Lake. In order to meet the City’s equity goals and complete work in the most efficient and cost-effective manner, the project has been separated into two smaller contracts – one for construction, and one for restoration and vegetation establishment. The construction phase was mostly completed in winter of 2022-23 (paving trails and installing lights and benches will occur in spring). The restoration phase is set to commence after trail paving in spring 2023. The restoration project was advertised for bids in January 2023. Bids for the Medley Park Stormwater Restoration Project No. 22-18 were opened virtually on February 1, 2023. The following bids were received: Traverse des Sioux Garden Center and Landscape $118,355.20 RES, LLC $123,547.66 Davey Resource Group Inc $174,004.55 Urban Companies $235,721.58 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the construction contract to Traverse des Sioux Garden Center and Landscape for the base bid amount of $118,355.20. Work is expected to begin in Spring 2023 with ongoing establishment and management 150 until 2026. Financial or Budget Considerations Funding for this restoration project is included in CIP Stormwater section SS-49 and according to the cooperative agreement with the BCWMC, the BCWMC will reimburse the City for all eligible project expenses. The City will provide invoices to BCWMC for reimbursement as work is completed. Legal Considerations Agreement must be in a form approved by the City Attorney. Equity Considerations This project solicited quotes form a wide array of contractors including those listed in the MN DBE database. The project itself will also be accessible to all Golden Valley Residents. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement with Traverse des Sioux Garden Center and Landscape in the form approved by the City Attorney for the Medley Park Stormwater Restoration Project No. 22-18 in the amount of $118,355.20. Supporting Documents Agreement for Medley Park Restroation 151 FC - 1 AGREEMENT FOR MEDLEY PARK STORMWATER RESTORATION PROJECT NO. 22-18 THIS AGREEMENT (this “Agreement”), entered into the 7th day of February 2023 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Traverse Des Sioux Garden Center 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 Medley Park Stormwater Restoration (22-18) (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 152 FC - 2 be $118,355.20, 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. 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 $118,355.20 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 Traverse Des Sioux Garden Center, 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. 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 City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) 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. 153 FC - 3 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. 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 TRAVERSE DES SIOUX GARDEN CENTER BY ITS 154 155 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.6. Approve 2022-2024 Labor Agreement with Community Service Officers Union (LELS Local # 525) Prepared By Maria Cisneros, City Attorney Kirsten Santelices, HR Director/Deputy City Manager Summary This item will be discussed in the Executive Session held immediately prior to the Council meeting. Information will be provided at the Council Meeting pending the outcome of the discussion at the Executive Session. Link to Community Service Officers Union (LELS Local # 525) Labor Relations Contract This link is active but the document may uploaded and accessible to the public pending the outcome of the February 7 Closed Executive Session. Financial or Budget Considerations More information will become available once the agreement is made public. Legal Considerations More information will become available once the agreement is made public. Equity Considerations More information will become available once the agreement is made public. Recommended Action Motion to approve 2022-2024 Labor Agreement with Community Service Officers Union (LELS Local # 525). 156 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3E.7. Approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27) Prepared By Maria Cisneros, City Attorney Kirsten Santelices, HR Director/Deputy City Manager Summary This item will be discussed in the Executive Session held immediately prior to the Council meeting. Information will be provided at the Council Meeting pending the outcome of the discussion at the Executive Session. Link to Patrol Officers Union (LELS Local # 27) Labor Relations Contract This link is active but the document may uploaded and accessible to the public pending the outcome of the February 7 Closed Executive Session. Financial or Budget Considerations More information will become available once the agreement is made public. Legal Considerations More information will become available once the agreement is made public. Equity Considerations More information will become available once the agreement is made public. Recommended Action Motion to approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27). 157 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3F. Authorize Filing Extension for Harold Avenue Addition Plat Prepared By Myles Campbell, Planner Summary At the August 3rd, 2022, City Council meeting, the City approved the minor subdivision of 7324 Harold Avenue North into two legal parcels for future development. Due to delays in receiving revisions to the Plat language from the County Recorder, and negotiation between the applicant and City Staff on the deposit agreement for required stormwater management improvements, the plat document was not filed for recording with the county within the typical two month window expected by City's subdivision code. Given that the conditions for subdivision are met, that the creation of additional housing is supported by long-term goals form the Comprehensive Plan, and that a deposit agreement for the stormwater improvements have been set in place, staff is supportive of the request to extend the filing deadline for the plat to the end of this month, February 28, 2023. Financial or Budget Considerations Both the required park dedication fee and deposit for stormwater improvements have been collected by the City for this subdivision. Legal Considerations Besides the filing delays, the subdivision meets City standards from code. Failure to extend the deadline would not prohibit the applicant from submitting a new subdivision request that would presumably still meet City standards for approval. Equity Considerations Creation of new housing is a major goal of the City's Comprehensive Plan, and helps to combat the increase in housing costs caused by the shortage of housing regionally. Recommended Action Motion to approve a Filing Extension to February 28, 2023, for the Harold Avenue Addition Plat. 158 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3G. Receive and File the City of Golden Valley's 2023 Pyramid of Success (Council Goals) Prepared By Timothy Cruikshank, City Manager Summary At the January 24, 2023 Annual City Council Planning Session, city values, a vision statement, a mission statement, organizational priorities, and 2023 action steps were developed. The final result is presented in the attached document, Golden Valley’s 2023 Pyramid of Success. Legal Considerations Legal considerations will be addressed as the goals are formulated. Equity Considerations Equity considerations will be addressed as the goals are formulated. Recommended Action Motion to receive and file the City of Golden Valley’s 2023 Pyramid of Success (Council Goals). Supporting Documents 2023 Pyramid of Success 159 Effective Governnce Infrastructure Maintenance & Enhancement Financial Wellness Strtegic Development & Redevelopment Legisltive Priorities Minnepolis Prk & Recretion Bord JPA Public Fcilities Nming Policy Community Affirs Debt Reduction Pln Locl Option Sles Tx Fiscl Disprities Formul Updte Building An Equitble Golden Vlley Community Forums Environmentl Inititives Just Deeds Lnd Acknowledgment Plnning STAR Progrm Affordble Housing Pln Downtown Study Implementtion Fcilities Study Implementtion Bike nd Pedestrin Pln DeCol Ponds Stormwter Project Highwy 55 BRT Hwy 55/Dougls Dr Underpss Infrstructure Renewl Pln Pvement Mngement Progrm Support And Invest In Affordble Housing Inititives Form Defined And Nmed Neighborhoods With Decentrlized And Tilored Communictions Improve Pedestrin And Trffic Sfety On County Rods And City Arterils Mke Progress On Legisltive Priorities Prtner With Locl Nonprofits To Revive City-Wide Events VISION MISSION ORGANIZATIONAL PRIORITIES INITIATIVES & PROJECTS DEPARTMENT ACTION STEPS CORE SERVICES 2023 ACTION STEPS 160 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 3H. Adopt Resolution No. 23-007 Approving Amendment to Compensation and Classification Tables Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary In late 2021 the City restructured the roles of Community Service Officer and Lead Community Service Officer to enhance the growth and professional development of the individuals within this role and better prepare these individuals for a full-time sworn law enforcement. Based on the changes to the job responsibilities, the City asked DDA to consider the classifications of both positions. DDA reclassified the CSO position to Grade 3 and the Lead CSO to Grade 4. Based on contract negotiations with the CSO bargaining unit, the reclassifications will become effective upon the approval of the labor agreement. Financial or Budget Considerations The budget impact will be absorbed into the City's 2022 and 2023 general fund police department budget. Legal Considerations The City contracts with DDA to grade all of the positions and ensure compliance with applicable Minnesota Local Government Pay Equity laws. Equity Considerations This reclassification aligns with the City's equity pillar: Economic Prosperity for All. Recommended Action Motion to Adopt Resolution No. 23-007 Approving Amendment to Compensation and Classification Tables. Supporting Documents Resolution No. 23-007 - Updated Compensation and Classification Table 161 RESOLUTION NO. 23-007 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and adopted the compensation grid for the City: WHEREAS, on December 15, 2020 the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities; and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22- 048 on May 3, 2022, and by Resolution 22-120 on December 20, 2022; and WHEREAS, in alignment with the City’s values of communication and accountability, it is the City’s practice for the City Council to review and adopt the Compensation Grid and Classification Table annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the following 2023 Full-Time & Part-Time Regular Compensation Grid effective January 1, 2023: Grade Compensation Grid 4.90%4.90%4.90%4.90%4.90%4.90% 1 2 3 4 5 6 7 1 $19.81 $20.78 $21.79 $22.87 $23.99 $25.16 $26.39 2 $20.99 $22.02 $23.10 $24.24 $25.42 $26.67 $27.96 3 $22.25 $23.34 $24.48 $25.68 $26.93 $28.26 $29.64 4 $23.59 $24.74 $25.96 $27.22 $28.56 $29.95 $31.43 5 $25.24 $26.47 $27.77 $29.14 $30.56 $32.05 $33.62 6 $27.00 $28.33 $29.72 $31.17 $32.69 $34.30 $35.98 7 $28.35 $29.74 $31.19 $32.72 $34.33 $36.01 $37.78 8 $29.48 $30.93 $32.45 $34.03 $35.70 $37.45 $39.28 9 $30.67 $32.18 $33.75 $35.40 $37.14 $38.95 $40.86 10 $32.20 $33.77 $35.43 $37.16 $38.99 $40.90 $42.90 11 $36.39 $38.17 $40.05 $42.00 $44.06 $46.23 $48.48 12 $38.56 $40.46 $42.44 $44.52 $46.70 $48.99 $51.39 13 $40.50 $42.48 $44.56 $46.74 $49.04 $51.44 $53.96 162 14 $42.12 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12 15 $44.22 $46.38 $48.66 $51.05 $53.54 $56.17 $58.93 16 $46.88 $49.17 $51.57 $54.11 $56.75 $59.53 $62.67 17 $49.70 $52.13 $54.68 $57.36 $60.17 $63.12 $66.21 18 $54.16 $56.81 $59.60 $62.52 $65.58 $68.79 $72.16 19 $56.87 $59.65 $62.57 $65.64 $68.86 $72.23 $75.77 20 $59.71 $62.63 $65.70 $68.92 $72.30 $75.84 $79.56 21 $62.70 $65.78 $68.99 $72.38 $75.92 $79.64 $83.53 22 $66.46 $69.71 $73.13 $76.71 $80.47 $84.41 $88.55 23 $70.44 $73.89 $77.52 $81.32 $85.29 $89.48 $93.86 2. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table: Grade Positions 1 2 Guest Services Specialist 3 Administrative Assistant – Fire Department Brookview Events Coordinator Community Service Officer Police Department Office Assistant Recreation Coordinator 4 Administrative Assistant – Inspections Administrative Assistant – Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Community Service Officer Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 6 Facilities Maintenance Specialist Executive Assistant - City Manager’s Office Inspections Administrative Specialist Physical Development Assistant/Deputy City Clerk Utility Billing Specialist 163 7 Communications Specialist Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Restaurant & Catering Coordinator Street Maintenance Worker Sustainability Specialist Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Community Connections and Outreach Specialist Executive Chef Fire Inspector I Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician II Water Distribution Specialist Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor 10 Assistant Golf Operations Manager Engineering Technician III GIS Specialist Planner Police Support Services Supervisor Water and Natural Resources Specialist 11 Accountant Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Greens & Turf Specialist Human Resources Generalist Information Technology Specialist Patrol Officer Payroll Accountant Recreation & Facilities Supervisor Recreation Supervisor 12 Deputy Fire Marshal Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk Equity and Inclusion Manager 164 14 Accounting Supervisor Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Housing and Economic Development Manager Information Technology Manager Planning Manager 17 18 City Engineer Communications Director Assistant Police Chief 19 Community Development Director Finance Director Fire Chief Parks & Recreation Director Public Works Director 20 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 22 23 City Manager 3. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Compensation Grid, effective March 1, 2023: Steps 1 2 3 4 5 6 7 Grade 1 $11.81 $12.42 $13.01 0 0 0 0 2 $12.63 $13.28 $13.92 $14.57 $15.20 $15.84 $16.30 3 $13.16 $13.82 $14.48 $15.18 $15.84 $16.51 $16.96 4 $13.63 $14.45 $15.16 $15.85 $16.57 $17.27 $17.73 5 $13.87 $14.98 $15.71 $16.45 $17.18 $17.98 $18.46 6 $15.10 $15.53 $16.77 $17.33 $18.07 $18.97 $19.44 7 $17.72 $18.54 $19.26 $19.96 $20.75 $21.51 $21.98 4. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Classification Table: 165 Grade Position 1 Starter/Ranger Warming House 2 316 Restaurant Positions: Bartender Server Dishwasher/Bar‐Back Election Judge (Step 6) Indoor Playground Attendant Park & Reaction Seasonal Athletics: Playground Leader Field Attendant Sports Instructor Golf Operations: Beverage Cart Attendant Par 3 Cashier Range Supervisor 3 Election Captain (Step 6) Pro Shop Cashier 4 Community Center Attendant Golf Maintenance Operator Parks and Recreation Program Specialist 5 Golf Office Assistant Pathways Intern 6 Community Health Worker Intern Golf Maintenance Technician Lead Pro Shop Cashier Park and Recreation Intern Seasonal Public Works Worker 7 Assistant Senior Program Coordinator Banquet and Restaurant Staff Coordinator Cook Community Development Intern Elections Assistant Engineering Intern Golf Staff Coordinator Guest Services Lead Human Resources Assistant Water Resources Intern 5. The City hereby adopts the following paid on-call firefighter compensation, effective January 1, 2023: Battalion Chief $25.34 Per Hour Captain $23.47 Per Hour Lieutenant $21.77 Per Hour Firefighter $18.91 Per Hour Firefighter-Apprentice $16.07 Per Hour Firefighter in Training $12.93 Per Hour 166 6. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increase the budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 7th day of February, 2023. ______________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 167 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 6A. Second Consideration of Salt Storage Ordinance No. 757 Prepared By Eric Eckman, Environmental Resources Supervisor Drew Chirpich, Water and Natural Resources Specialist Summary In response to changing federal regulations, the Minnesota Pollution Control Agency (MPCA) reissued its Municipal Separate Storm Sewer System (MS4) Permit in 2020. The City applied for and received permit coverage under the new permit in October 2021. As part of the MPCA’s permit approval, the City is required to make updates to its comprehensive stormwater management program, including its regulatory mechanisms that help the City enforce its stormwater requirements to ensure the protection of its water resources. One of the new federal requirements that must be included in City code involves the storage of salt at commercial, industrial, and institutional facilities. This would impact any property owner or manager that has a stockpile or container of salt in their parking lot for use throughout the winter. Studies show that chlorides and other winter deicing chemicals can have a negative impact on our water resources including the plants and animals that live in those environments and the economies and people that rely on those environments. Proper storage and handling of salt and other winter deicers can help reduce the negative impacts. In order to comply with these regulations, the City is proposing to add this ordinance to the Environment and Nuisances Chapter of City code. This ordinance is based upon the U.S. Environmental Protection Agency rules, the MPCA MS4 Permit and guidance documents. The City Attorney, Planning Manager, Public Works Director, and City Engineer have all reviewed the ordinance. This is the second consideration of this ordinance. The first consideration of the ordinance was adopted by City Council on January 17, 2023. Financial or Budget Considerations Staff will incorporate this work into its existing duties and work within its existing budget to provide the necessary education, outreach, and enforcement to ensure compliance with the new ordinance. Staff will monitor its time and resources during the first year the ordinance is in effect and may request additional resources in the future as necessary. 168 Legal Considerations The City Attorney has reviewed the proposed ordinance. Equity Considerations The City's work to regulate salt storage and transfer fits within the unbiased programs and services pillar of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach, and enforcement of environmental regulations that provide intentional access to clean water and health equity regardless of social identity. According to the Centers for Disease Control and Prevention, health equity means that everyone has the opportunity to achieve their greatest level of health, despite social, economic, or environmental factors. Historic and present policies and decisions created disparate impacts, including environmental degradation and health impacts, for Black, Indigenous, People of Color and people of lower socioeconomic status. Hennepin County data show that communities of color, low-income families, and residents with disabilities contribute least to the problem of environmental pollution but are the most exposed to and at risk from negative environmental impacts. In accordance with the City's commitment to providing unbiased programs and services, this ordinance seeks to help mitigate those risks and disparities. Recommended Action Motion to adopt the second consideration of Ordinance No. 757 adding Section 10-5 Salt Storage at Commercial, Industrial, and Institutional Facilities to City Code Chapter 10 Environment and Nuisances. Motion to adopt Resolution No. 23-008 Authorizing Summary Publication of Ordinance No. 757. Supporting Documents Ordinance No. 757 - Salt Storage Resolution No. 23-008 - Authorizing Summary Publication - Ordinance No. 757 169 ORDINANCE NO. 757 AN ORDINANCE AMENDING THE CITY CODE Adding Section 10-5:Salt Storage at Commercial, Industrial, and Institutional Facilities The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 10 Environment and Nuisances, Article I. In General, Section 10-5.Salt Storage at Commercial, Industrial, and Institutional Facilities is hereby added: Sec. 10-5. Salt Storage at Commercial, Industrial, and Institutional Facilities. (a)Purpose.Negative environmental impacts may occur when salt and other deicers are not properly stored and transported. Proper utilization and management of deicing materials is critical to reduce environmental impacts of related practices to the maximum extent practicable. (b)Definitions.The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Anti-icing. The application of a liquid deicer prior to the onset of a snow event. Best Management Practice.Structural, vegetative, or managerial practices used to treat, prevent, or reduce pollution. Bulk Deicer Storage. Storage of any material used for deicing and/or traction during winter conditions that is more than one ton in solid form (or 250 gallons in liquid form). Deicer.Any substance used to melt snow and ice or used for its anti-icing effects. (c)Applicability. This section applies to all indoor and outdoor bulk deicer storage facilities (temporary or permanent) including salt piles, salt bag storage, sand piles, and other storage of deicing materials. (d)General Regulations. (1)Indoor operations for the storage of deicing materials must be provided wherever possible in order to prevent such material from being affected by rain, snow, and melt water. (2) All salt, sand, and other deicing materials stored outdoors must be covered at all times. When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all storage piles. The cover must prevent runoff and leachate from being generated by the outdoor storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to prevent leaching. Deicer must be stored away from catch basins and other facilities conveying stormwater. Additional perimeter control may be required to ensure no deicing materials slough or are carried away by stormwater. (3) Storage Facility Siting. a. The facility must be in close proximity to the area in which the deicing materials are to be used, if practical. 170 b. Each facility must be located outside of floodplains and at least 50 feet from lakes, rivers, streams, ditches, storm drains, manholes, catch basins, wetlands, and any other areas likely to absorb runoff. A facility must not be located in close proximity to surface water features, water supplies, wells or drywells. c. A facility must be located on impermeable surfaces. d.The property’s slope must be away from the facility’s salt, deicer, and sand storage area. e. Salt vulnerable natural areas should be avoided as storage facilities to the extent possible. Where they cannot be avoided, specific measures should be instituted to protect vulnerable areas. Salt vulnerable areas include, but are not limited to: 1. Areas with salt sensitive vegetation 2. Areas serving as a source of drinking water (surface water and groundwater) 3. Areas with bodies of water with low dilution, low volume, or salt sensitive species 4. Areas associated with groundwater recharge zones or shallow water table, with medium to high permeable soils. (4) Snow Piles.Snow piles must be located downslope from salt and deicer storage areas to prevent the snow melt from flowing through storage areas and carrying material to the nearest drainage system or waterway. (5) Deicer Truck Wash Water. Deicer and salt-containing truck wash water must be captured, treated, and recycled for use as salt-brine in pre-wetting and anti-icing activities. (6) Transfer of materials.Practices must be implemented in order to reduce exposure (e.g., sweeping, diversions, and/or containment) when transferring salt or other deicing material. (e)Penalty. Any person violating this section shall be guilty of a petty misdemeanor. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 7th day of February, 2023. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 171 RESOLUTION NO. 23-008 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 757 AN ORDINANCE AMENDING THE CITY CODE ADDING SECTION 10-5: SALT STORAGE AT COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL FACILITIES WHEREAS, the City has adopted the above reference 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. NOW 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. 757 AN ORDINANCE AMENDING THE CITY CODE ADDING SECTION 10-5: SALT STORAGE AT COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL FACILITIES This is a summary of the provisions of provisions of Ordinance No. 757 which has been approved for publication by the City Council. At the February 7, 2023 City Council meeting, the Golden Valley City Council enacted Ordinance No. 757 amending City Code Adding Section 10-5 relating to salt storage at commercial industrial, and institutional facilities. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Adopted by the City council this 7th day of February 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa Schyma, City Clerk 172 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 7, 2023 Agenda Item 6B. Second Consideration of Updated Stormwater Management Ordinance No. 758 Prepared By Eric Eckman, Environmental Resources Supervisor Drew Chirpich, Water and Natural Resources Specialist Summary The City of Golden Valley has a stormwater management ordinance that was last updated in 2015. The ordinance is the regulatory mechanism that helps the City enforce its stormwater requirements to ensure the protection of its water resources. The ordinance is part of the City’s overall stormwater management program that is required under the National Pollutant Discharge Elimination System (NPDES) program administered by the Minnesota Pollution Control Agency (MPCA). In response to changing federal regulations, the MPCA reissued its Municipal Separate Storm Sewer System (MS4) Permit in 2020. The City applied for and received permit coverage under the new permit in October 2021. As part of the MPCA’s permit approval, the City is required to make updates to its comprehensive stormwater management program, including its Stormwater Management ordinance, to comply with federal regulations. Updates to the City’s Stormwater Management Ordinance are based upon the U.S. Environmental Protection Agency rules, the MPCA Construction Stormwater Permit, the MPCA MS4 Permit and guidance documents, guidance from the Minnesota Cities Stormwater Coalition, the Wetland Conservation Act, the City’s 2040 Comprehensive Plan, and the Bassett Creek Watershed Management Commission (BCWMC) policies. The City Attorney, Planning Manager, and City Engineer have all reviewed the ordinance. Major revisions to the ordinance include the following: 1. Post-Construction Stormwater Management – deleting language from the previous MPCA MS4 permit and adding language from the new MPCA MS4 Permit. This includes updated requirements for new development, redevelopment, and linear projects (such as street reconstruction), and limitations and exceptions to the requirements. 2. General Performance Standards a. Updating and clarifying Buffer requirements consistent with state regulations, BCWMC requirements, and the City’s Comprehensive Plan. b. Adding wetland provisions consistent with BCWMC policies. 3. Maintenance of Private Stormwater Management Facilities – adding language from the new 173 MPCA MS4 Permit and BCWMC policies. 4. Requiring a stormwater permit for installation of aerators, fountains, or similar water moving devices in private stormwater management facilities (such as ponds). This is the second consideration of this ordinance. The first consideration of the ordinance was adopted by City Council on January 17, 2023. Financial or Budget Considerations Staff will incorporate this work into its existing duties and work within its existing budget to provide the necessary education, outreach, and enforcement to ensure compliance with the new ordinance. Staff will monitor its time and resources during the first year the ordinance is in effect and may request additional resources in the future as necessary. Legal Considerations The City Attorney has reviewed the proposed updates to this ordinance. Equity Considerations The City's work to regulate stormwater and runoff fits within the unbiased programs and services pillar of the City's Equity Plan. The City's ordinance is unbiased when it supports education, outreach, and enforcement of environmental regulations that provide intentional access to clean water and health equity regardless of social identity. According to the Centers for Disease Control and Prevention, health equity means that everyone has the opportunity to achieve their greatest level of health, despite social, economic, or environmental factors. Historic and present policies and decisions created disparate impacts, including environmental degradation and health impacts, for Black, Indigenous, People of Color and people of lower socioeconomic status. Hennepin County data show that communities of color, low-income families, and residents with disabilities contribute least to the problem of environmental pollution but are the most exposed to and at risk from negative environmental impacts. In accordance with the City's commitment to providing unbiased programs and services, this ordinance seeks to help mitigate those risks and disparities. Recommended Action Motion to adopt the second consideration of Ordinance No. 758 amending Chapter 107 of the Golden Valley City Code to update language regarding the City's stormwater management. Motion to adopt Resolution No. 23-009 Authorizing Summary Publication of Ordinance No. 758. Supporting Documents Ordinance No. 758 - Stormwater Management Chapter 107 Storm Water Management (Clean) Resolution No. 23-009 - Authorizing Summary Publication - Ordinance No. 758 174 ORDINANCE NO. 758 AMENDMENT OF THE CITY CODE RELATING TO PART II – LAND DEVELOPMENT, CHAPTER 107 STORMWATER MANAGEMENT The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 107, Stormwater Management, Section 107-1 Statutory Authorization and Purpose (d) is hereby amended as follows: (d) This chapter is intended to meet the current construction site erosion , and sediment, and waste control, and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively. Section 2. City Code Chapter 107, Stormwater Management, Section 107-2. Definitions and General Provisions. (a) Definitions. “Final Stabilization” is hereby amended as follows: Final Stabilization: The establishment of permanent cover on the entire site. Final stabilization may include, but is not limited to, installation of vegetated areas, landscaped areas, paved surfaces, retaining walls, sewer and water valves adjusted to final grade, and compliance with any and all associated permit requirements, such as submission of as-built surveys. Section 3. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (a) Activities requiring a City Stormwater Management Permit. (1) (h) is hereby amended as follows: h. Construction, expansion or modification of a stormwater management facility or stormwater BMPs, including but not limited to installation of aerators, fountains, or similar water moving devices. Section 4. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (b) Application Submittal Requirements. (5) is hereby amended as follows: (5) Stormwater management plan and narrative. Plans must be prepared to City standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than one acre or if a project is part of a common plan of development or sale that will collectively ultimately disturb greater than one acre, plans must be submitted that: For construction sites equal to or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale, plans must be submitted that: a. Meet the requirements of Part III and Part IV of the NPDES construction stormwater permit issued by the Minnesota Pollution Control Agency, as amended. 175 b. Meet the post-construction stormwater management requirements listed in Section 107-5. Section 5. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (c) Application Review Process and Permit Approval . (2) is hereby amended as follows: (2) Permit Review and Decision. When the City and the appropriate watershed management organizations review permit applications, or development proposals,. Tthe Administrator shall notify the applicant of permit approval or denial within 60 days of receipt of a complete application. Section 6. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (d) Performance Standards for Construction Site Stormwater Runoff Control. (5) is hereby amended as follows: (5) Projects with land disturbing and on-site activities equal to or greater than one acre or if a project is part of a common plan of development or sale that will ultimately disturb greater than one acres, including projects less than one acre that are part of a larger common plan of development or sale, shall meet the requirements of the Part III and Part IV of the NPDES construction stormwater permit issued by the Minnesota Pollution Control Agency, as amended, for erosion and sediment controls and waste controls. Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (e) Applicant Responsibilities. (1)(b) is hereby amended as follows: b. Project complete inspection: when the project is complete, including, but not limited to, final grading, installation of all stormwater management facilities, removal of all temporary erosion and sediment control BMPs, and completion of final stabilization measures are complete. One-year warranty begins after inspector approves project. Section 7. City Code Chapter 107, Stormwater Management, Section 107-4. City Stormwater Management Permit. (f) Financial Security. (1) is hereby amended as follows: (1) Amount and Type. The applicant shall provide security for the performance of work to provide all temporary and permanent erosion and sediment control measures , and including final stabilization, described and delineated in the approved permit in an amount not less than 125 percent of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: Section 8. City Code Chapter 107, Stormwater Management, Section 107-5. Post- Construction Stormwater Management. is hereby amended as follows: 176 Sec. 107-5. Post-Construction Stormwater Management. (a) The following projects must include a site plan with post-construction stormwater management BMPs that meet the requirements of this chapter and are designed, constructed, and maintained in accordance with the NPDES construction stormwater permit: (1) New development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale. (2) Nonresidential development and redevelopment projects greater than one-half acre and less than one acre that, at the time of permitting application, discharge stormwater through their private systems directly to a surface water without being routed through do not drain to a stormwater management facility or BMP onsite or on an adjacent property authorized by the adjacent property owner through a recorded easement and maintenance agreement. (b) Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-, and 100-year 24-hour precipitation events. (c) Volume control. New development and redevelopment projects on sites without prohibitions that create one or more acres of new or fully reconstructed impervious surfaces shall capture and retain 1.1 inches of runoff from the sum of the new impervious surface and the fully reconstructed impervious surface. (cd) Design. Stormwater volume control techniques and green infrastructure practices, including, but not limited to, infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, and green roofs, must be considered firstshall be given preference as design options, provided they are consistent with City zoning, subdivision, and planned unit development requirements, and sanitary sewer inflow and infiltration reduction requirements. (e) Site Location. Above ground (surface) post-construction stormwater management BMPs are the preferred design option. Below ground (subsurface) shall be allowed only if: (1) the project is a redevelopment; and (2) in the opinion of the City, no above ground design option is practicable. (def) The minimal impact design standards (MIDS) and performance goals developed under and pursuant to Minn. Stats. § 115.03, subd. 5c, along with the MIDS calculator and design sequence flowchart, and design criteria in the Minnesota Stormwater Manual, is the recommendedpreferred method for achieving the post-construction stormwater management requirements described in this chapter, consistent with BCWMC requirements. (e) For new development projects there shall be no net increase from pre-project conditions (on an annual average basis) of: 177 (1) Stormwater discharge volume, unless precluded by the stormwater management limitations in Subsection (g) of this section. (2) Stormwater discharges of total suspended solids (TSS). (3) Stormwater discharges of total phosphorus (TP). (f) For redevelopment projects there shall be a net reduction from pre-project conditions (on an annual average basis) of: (1) Stormwater discharge volume, unless precluded by the stormwater management limitations in Subsection (g) of this section. (2) Stormwater discharges of TSS. (3) Stormwater discharges of TP. (g) Stormwater management limitations and exceptions. (1) Limitations. a. Infiltration Prohibited. The use of infiltration techniques areis prohibited when the infiltration structural stormwater BMP will receive discharges from, or be constructed in, the following areas: 1. Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS industrial stormwater permit. 2. Where vehicle fueling and maintenance occur. 3. Where less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils, groundwater, or the top of bedrock exists. 4. Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating stormwater. 5. Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of clear water into the sanitary sewer system. b. Infiltration Restricted. The use of infiltration techniques will be restricted when the infiltration device will be constructed in areas: 61. In an area Wwith predominately Hydrologic Soil Group D (clay) soils. 27. Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. 38. In an Emergency Response Area (ERA) wWithin a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13 , classified as moderate vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 178 9. In an ERA within a DWSMA classified as high or very high vulnerability as defined by the Minnesota Department of Health. 10. Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 411..Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour . cb. Linear Projects. 1. Linear projects on sites where infiltration is not prohibited or restricted that create one acre or more acresgreater of new a 1. nd/or fully reconstructed impervious surfaces, shall capture and retain the larger of the following: 1.1 inches of runoff from the net increase in impervious surface; or, 0.55 inches of runoff from the sum of the new and fully reconstructed impervious surface. meet the requirements of Subsection (e) of this section for the increase in impervious surface. 1. 2. Linear projects on sites where infiltration is prohibited or restricted that create one acre or greater of fully reconstructed surface, shall meet the requirements of Subsection (f) of this section for the impervious surface. 23. Mill and overlay and other resurfacing activities are not considered fully reconstructed. 34. Where the entire water quality volume cannot be treated within the existing right-of-way, Aa reasonable attempt must be made to obtain additional right-of-way, property, or easements during the project planning process for volume control practices. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, property, or easements cannot be obtained, owners of the construction activity must maximize the treatment of the water quality volume prior to discharge to the City’s storm sewer system and surface waters. For linear projects where the lack of right-of-way or property precludes the installation of volume control practices to meet Subsection (g)(1)bc.1 or 2 of this section, exceptions as described in Subsection (g)(2) of this section can be applied. (2) Exceptions. A lesser volume control standard on the site of the original construction activity may be applied, at the discretion of the City, under the following circumstances: a. The permittee or owner of the construction site is precluded from infiltrating stormwater due to limitations under Subsection (g)(1)a, b or c of this section; and 179 b. The permittee or owner of the construction site implements volume reduction techniques, other than infiltration, on the site of the original construction activity that reduce stormwater discharge volume but may not meet the requirements of post-construction stormwater management; and,. c. The permittee or owner records all attempts of infeasibility, and the treatment of the water quality volume is maximized prior to discharge to the City’s storm sewer system and surface waters. (h) Mitigation. There may be circumstances where If the City determines that the permittee or owner of a construction site cannot cost effectively meet the water quality conditions for post-construction stormwater management for TSS and/or TP on the site of the original construction activity. For this purpose, the City or permittee/owner shall identify locations where mitigation projects can be completed. Any stormwater discharges of TSS and/or TPThe remaining water quality volume not addressed on the site of the original construction activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements are met: (1) Mitigation project areas are selected in the following order of preference, with consultation and approval of the City: a. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c. Locations in the next adjacent DNR catchment area upstream. d. Locations anywhere within the City. (2) Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. (3) Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used to meet the mitigation requirements. (4) Mitigation projects shall be completed within 24 months after the start of the original construction activity. (5) The City shall determine, and document, who is responsible for long-term maintenance on all mitigation projects,. including the establishment of maintenance agreement(s) between the City and owners of structural stormwater BMPs not owned or operated by the City. (6) If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the owner or permittee meeting the conditions for post-construction stormwater management, the City shall apply any such payment received to a public stormwater project, and all projects must be in compliance with this chapter. 180 Section 9. City Code Chapter 107, Stormwater Management, Section 107-6. General Performance Standards. is hereby amended as follows: Sec. 107-6. General Performance Standards. (a) Freeboard. The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and stormwater management facilities shall conform to the following: (1) All new and existing structures and uses located in the floodplain are subject to Section 113-125. (2) For structures and uses located outside the floodplain, the following shall apply: The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125. Calculated high water levels shall be determined by the City based on the relevant Federal, State, BCWMC, and City studies. (b) Setbacks. New principal and accessory structures, and additions to existing structures, shall be set back 25 feet from the following features: (1) A delineated wetland edge. (2) The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless such a feature is incorporated into the architectural design of the building and the construction plans are prepared and signed by a licensed structural engineer. (c) Buffers. (1) Native or natural vegetation buffers must be established or preserved in accordance with this chapter and the requirements of the BCWMC. (2) The buffer zone widths are as follows: a. Streams. Ten feet or 25 percent of the distance between the ordinary high water level and the nearest existing principal or accessory structure, whichever is less. b. Wetlands. Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or similar classification system, buffer widths will be as follows (measured from the delineated wetland edge): 1. Preserve: 75 feet average and minimum of 50 feet. 2. Manage 1: 50 feet average and minimum of 30 feet. 3. Manage 2 or 3: 25 feet average and a minimum of 15 feet. c. Lakes. Minimum of 1510 feet in width measured from the OHWL. d. Stormwater Management Facilities. Buffers shall extend from the normal water level, or bottom of a dry basin, up to the top of bank of the stormwater 181 management facility, as determined by the Administrator, and shall be a minimum of 10 feet in width. (3) The following standards shall guide the protection, creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify or waive standards depending on each project site and goals for the water body. a. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to wetlands such as retaining walls, stairways and docks are permitted in the access corridor so long as they conform with State regulations, BCWMC requirements, and other applicable chapters of City code. 1. Retaining walls and stairways must be constructed with natural materials, or materials with a natural appearance, and generally blend with the surrounding landscape. d. The City may require that the a buffer may be placed in a conservation easement. 1. For new development and redevelopment projects involving the platting or subdivision of land abutting or adjacent to a lake, wetland or stream, the City shall require that the buffer be placed in a conservation easement. e. Monuments identifying the conservation easement, designed in accordance with City standards, should be placed every 100 feet to delineate the buffer edge and at intersections with property lines. f. Buffer strip vegetation should be appropriate tofor the site conditions and goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. (d) Wetlands. (1) The City generally follows the hydrologic guidelines and standards for bounce (difference between the peak flood elevation and the normal wetland elevation), inundation (time that flood waters temporarily stored in the wetland exceed the normal wetland elevation), and runout control (elevation of the outlet) listed in MnRAM Wetland Management Classification System Table 1.1 Recommended Wetland Management Standards found on the Minnesota Board of Water and Soil Resources website. (2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without the installation of post-construction stormwater management BMPs shall be prohibited. 182 (3) Outside Storage. Wetlands and their required buffers shall not be used for outside storage of household or personal items, lawn equipment, furniture, parts, yard waste, and the like. (4) Impervious Surface. Wetlands and their required buffers shall be kept free of impervious surfaces excluding public roads, trails, bridges, and recreational facilities. (5) Access. Structures intended to provide access across a wetland, including but not limited to stairways, docks, bridges, and boardwalks, shall be prohibited unless a permit is obtained in conformance with State regulations, BCWMC requirements, and other applicable chapters of City code. (6) Structures. Structures that are not intended to provide access to wetlands, such as fences, walls, and play equipment shall not be located on wetlands. (7) In scenarios of unavoidable wetland impact where replacement is proposed, replacement shall occur in the following order: a. Replacement on site. b. Replacement within subwatershed. c. Replacement within watershed. d. Replacement within the City. e. Purchase of wetland bank credits within County and Bank Service Area pursuant to Minnesota Rules, Chapter 8420. (e) Maintenance of private stormwater management facilities. (1) No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually or more often, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. (2) Owners of private stormwater management facilities shall enter into an agreement with the City describing responsibility for the long-term inspection, operation and maintenance of the facilities. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. The maintenance agreement shall be recorded against the parcel. The stormwater maintenance agreement shall be in a form approved by the City and shall describe the inspection and maintenance obligations of this section, and shall, at a minimum: a. Designate the owner of the private facility, which shall be permanently responsible for the maintenance of the structural stormwater BMP. b. Run with the land and pass the responsibility for such maintenance to successors in title. c. Grant the City and its representatives the right of entry for the purposes of inspecting all private stormwater management facilities. 183 d. Allow the City the right to repair and maintain the facility, and assess costs if necessary maintenance is not performed after proper and reasonable notice to the owner. e. Protect and preserve private stormwater management facilities. If the private stormwater management facility changes causing decreased effectiveness, then a new, repaired, or improved facility must be implemented to provide equivalent treatment to the original BMP. f. Include a requirement to provide and follow a Chloride Management Plan addressing the use of chloride on the site, type of deicer to be used, personnel certified for chloride application, rate of application for the site, and a map showing snow storage areas and sensitive areas to avoid application. The chloride management plan shall be updated annually. (f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and operate such devices within a privately-owned and maintained stormwater management facility or BMP, provided the following requirements are met: (1) Stormwater management facility or BMP must have at least 5 feet of permanent depth where the device is installed. (2) At least 75% of all property owners abutting the water body approve of the device, as evidenced by signatures on a petition submitted to the City. If the property owner is a common interest community, at least 75% of all unit owners shall approve of the device. (3) Submittal of device/system specifics, documentation showing no negative water quality impacts to water body or downstream water bodies, documentation of qualified professional installer, maintenance and removal plan. (4) No more than one horsepower motor or pump. (5) Hours of operation are limited to 7am-10pm. (6) Device shall only be operated between April 15 and October 15. (7) Administrator may limit lighting, height, and width of spray. (8) A permit is required for each stormwater management facility or BMP. (9) Permit must be renewed each year. Section 10. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater and Urban Runoff Pollution Control. (b) Illegal Discharges and Illicit Connections. (1) is hereby amended as follows: (1) No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA or is associated with firefighting activitiesan exempt activity listed in section (b)(2) below . 184 Section 11. City Code Chapter 107, Stormwater Management, Section 107-7. Stormwater and Urban Runoff Pollution Control. (c) Good Housekeeping Provisions. (1) and (2) are hereby amended as follows: (1) Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste or pathogenic bacteria or viruses in an area where discharge to streets or storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to evaporate , or the property owner may provide test results to the City showing the swimming pool water is fully dechlorinated, before discharge to the owner's property or into the storm sewer system. (2) Runoff Minimized. Runoff of water from residential an owner’sall property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City Code. Section 12. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the Golden Valley City Council this 7th day of February 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 185 PART II - LAND DEVELOPMENT Chapter 107 STORMWATER MANAGEMENT Golden Valley, Minnesota, Code of Ordinances Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 1 of 20 Chapter 107 STORMWATER MANAGEMENT Sec. 107-1. Statutory Authorization and Purpose. (a)Statutory authorization. The ordinance from which this chapter is derived is adopted pursuant to the authorization and policies contained in Minn. Stats. chs. 103B and 462; Minnesota Rules 6120.2500— 6120.3900, Minnesota Rules chapters 8410, 8420 and 7050.0210. (b)Findings. The City finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community. (c)Purpose. The general purpose of this chapter is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction site erosion and post- construction stormwater runoff, and illicit connections. (d)This chapter is intended to meet the current construction site erosion, sediment, and waste control, and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES permit) as defined in 40 CFR 122.26(b)(14)(x) and (b)(15), respectively. (e)This chapter is intended to meet the minimal impact design standards (MIDS) developed under Minn. Stats. § 115.03, subd. 5c and the requirements of the Bassett Creek Watershed Management Commission. (Code 1988, § 4.31(1); Ord. No. 198, 2nd Series, 5-13-1999; Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-2. Definitions and General Provisions. (a)Definitions.The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Terms not defined in this subsection shall have the meaning customarily assigned to them as a matter of general usage. For the purposes of this chapter, the terms "must" and "shall" are mandatory and not permissive. Administrator:The individual responsible for overseeing the requirements of the City Code for purposes of this chapter; the Administrator shall be the City Manager or his/her designee. Alteration:Any change or modification of land, water, vegetation or existing structures. Applicant:A permittee, or any person or entity that applies for any permit for a project that includes a land disturbing activity. The term "applicant" also means that person's agents, employees, and others acting under that person's direction. Bassett Creek Watershed Management Commission or BCWMC:The watershed management organization established by a joint powers agreement between nine member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the 40-square-mile Bassett Creek watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed. Best Management Practices or BMPs:Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of 186 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 2 of 20 surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency, 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council, 2001, State of Minnesota Stormwater Manual, MPCA, Stormwater Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency, 1992, and Erosion and Sediment Control Handbook, Minnesota Department of Transportation, 2013, as these documents may be amended from time to time. Calculated High Water Level:The peak surface water elevation calculated to have a one percent chance of occurring in any given year using Atlas 14 precipitation data. Development:The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body or watercourse; the subdivision of land pursuant to the City Code. Earth Material:Any rock, natural soil or fill or combination thereof. Erosion:The wearing away of soil by rainfall, surface water runoff, wind, or ice movement. Erosion Control:Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. Final Stabilization:The establishment of permanent cover on the entire site. Final stabilization may include, but is not limited to, installation of vegetated areas, landscaped areas, paved surfaces, retaining walls, sewer and water valves adjusted to final grade, and compliance with any and all associated permit requirements, such as submission of as-built surveys. Floodplain:Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a regional flood, or as further defined in Section 113-125. Grade:The vertical location of the ground surface. Grading:Any land disturbance or landfill, or combination thereof. Hazardous Materials:Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Connections: (1)Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyance which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or (2)Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Illicit Discharge:Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater, except for discharges allowed under a NPDES permit. 187 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 3 of 20 Land Disturbance or Land Disturbing Activities:Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing soil cover (both vegetative and non-vegetative). Land disturbing activities include clearing and grubbing, grading, excavating, transporting earth material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Section 107-4(a) are not considered land disturbing activities. Linear Projects:Construction or reconstruction of a road, rail, trail, or other transportation route, or the construction, repair, or reconstruction of a utility that is not a component of a larger development or redevelopment project. Examples include road and road widening projects, trails, ditch work, road or rail replacement, and utility installation. Minimum Impact Design Standards (MIDS):Developed by the State Pollution Control Agency to minimize stormwater runoff and pollution and thereby help maintain natural resources health. They are a prerequisite for and guide the selection of best management practices required for each individual site. Minnehaha Creek Watershed District or MCWD:The MCWD issues permits for erosion control and stormwater management in a small area of the City south of Interstate 394 and east of Highway 100. National Pollutant Discharge Elimination System or NPDES Program:The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301, 318, 402, and 405 and 33 CFR 1317, 1328, 1342, and 1345. Owner:Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken. Permanent Cover:Final stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt, and concrete. Permit:An official document or certificate issued by the City authorizing performance of a specified activity. Permittee:An applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. Regional Flood:A flood which is representative of large floods known to have occurred generally in the State, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval or one percent chance of occurring in any given year using Atlas 14 precipitation data. Redevelopment:For the purposes of determining post-construction stormwater management requirements, any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent or more of existing impervious surface. Sediment:The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. Sediment Control:Methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. Site:A parcel of real property owned by one or more than one person, which is being or is capable of being developed as a single project. Soil:The unconsolidated mineral and organic mineral material on the immediate surface of the earth. Stabilized:The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents erosion from occurring. Ground surface which has been seeded is not stabilized. 188 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 4 of 20 Stormwater:Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include construction site dewatering and sump discharge. Stormwater Management Facilities:Structural and non-structural components of the stormwater management system associated with the quality and quantity of stormwater runoff. Stormwater Management Plan:A plan which describes how stormwater runoff and associated water quantity and water quality impacts resulting from the proposed development project will be controlled and managed. Stormwater Management System:Public and/or private systems of collecting, conveying, storing and treating stormwater runoff. Stormwater Pollution Prevention Plan or SWPPP:A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. Sump Discharge:Water that has been filtered through the ground or soil layers resulting in clear water and discharge by a sump pump. Sump discharge is not considered stormwater, but is an acceptance discharge. Surface Waters:All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, and watercourses, whether natural or artificial, public or private. Temporary Erosion Protection:Methods employed to prevent erosion before final stabilization. Examples include erosion netting, wood fiber blanket, wood chips and silt fence. Wetlands:Wetlands are defined in Minnesota Rules 7055.0130, subd. F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (b)Responsibility.Neither the issuance of a stormwater management permit nor compliance with its conditions or the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this chapter shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinance. (c)Abrogation and Greater Restrictions.It is not the intention of this chapter to repeal or abrogate any existing grading, drainage and erosion control or stormwater management policies or permits issued under this chapter, which permits shall continue in full force and effect; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (d)Compatibility and Compliance with Other Regulations.This chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. (e)Application to All Water Entering System.This chapter shall apply to all water entering the City's stormwater management system from any land within the City. (f)Responsibility for Administration and Waivers.The Administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Administrator by this chapter may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any 189 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 5 of 20 submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this chapter. (Code 1988, § 4.31(2); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-3. Permit Authority for Land Disturbing Activities. (a)City.The City is the permitting authority for land disturbing activities listed in Section 107-4(a) within the boundaries of the BCWMC and the MCWD. The City may issue a stormwater management permit approving land disturbing activities in these areas. (b)Bassett Creek Watershed Management Commission (BCWMC).Although the BCWMC is not a permitting authority, it has the authority to review and approve projects that disturb an area of 10,000 square feet or more, or will result in more than 200 cubic yards of cut or fill, and projects listed in the BCWMC document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. (c)Minnehaha Creek Watershed District (MCWD).The MCWD is the permitting authority for land disturbing activities in excess of 5,000 square feet or 50 cubic yards within the MCWD boundaries. In addition, projects meeting criteria listed in the MCWD regulatory rules may also be subject to review and permitting. Where required, the MCWD permit is in addition to a permit required by the City. (d)Minnesota Pollution Control Agency (MPCA).The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for construction activity, including the requirements for developing and implementing a SWPPP. The NPDES permit is required for construction activity that results in land disturbance of equal to or greater than one acre, or a common plan of development or sale that disturbs greater than one acre, as defined in the NPDES permit. Where required, the NPDES permit is in addition to permits required by the City and the MCWD. (Code 1988, § 4.31(3); Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-4. City Stormwater Management Permit. (a)Activities requiring a City Stormwater Management Permit. (1)Land disturbing activities that remove soils or vegetation, including, but not limited to, clearing, digging, dredging, draining or filling. Any of the following activities shall require a stormwater management permit: a.Any activities that disturb soils or vegetation in excess of 4,000 square feet. b.Any activity that would involve construction, installation, demolition, modification or expansion of a building foundation wall. c.Construction or demolition of a swimming pool. d.Construction or demolition of a retaining wall of sufficient height to require a building permit. e.Any land disturbing activities within City right-of-way that have a duration greater than 72 hours and are not covered by a right-of-way excavation, utility, or plumbing permit. f.Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of soil. 190 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 6 of 20 g.Construction, reclamation, expansion, removal or modification of a parking lot that exposes aggregate base or underlying soils. h.Construction, expansion or modification of a stormwater management facility or stormwater BMP, including but not limited to installation of aerators, fountains, or similar water moving devices. i.Any land disturbing activities within the 100-year floodplain or calculated high water level of any water body, or immediately adjacent to any wetland or public water body, including shoreline restoration and creek bank stabilization. j.Those activities required to meet the standards of the BCWMC as set forth in the current version of BCWMC's "Requirements for Improvements and Development Proposals," as amended from time to time. (2)The following activities may be undertaken without a stormwater management permit: a.Maintenance of existing yards. b.Emergency work to preserve life or property. (b)Application Submittal Requirements.Each City stormwater management permit application shall include two sets of plans and supporting documentation and one electronic copy of the plans and supporting documentation. The following items shall be required with each application, except to the extent waived by the Administrator: (1)Completed application forms and fees required by the City and BCWMC, if applicable. (2)Provision made for financial securities as required in Subsection (f) of this section. (3)Copies of permits or permit applications required by other jurisdictions. (4)Existing site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. (5)Stormwater management plan and narrative. Plans must be prepared to City standards and the standards of BCWMC, MCWD, and MPCA, if applicable. For construction sites equal to or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale, plans must be submitted that: a.Meet the requirements of the NPDES construction stormwater permit issued by the MPCA, as amended. b.Meet the post-construction stormwater management requirements listed in Section 107-5. (c)Application Review Process and Permit Approval. (1)Pre-Review.The Administrator shall make a determination regarding the completeness of a permit application within 15 business days of the receipt of the application and notify the applicant if the application is not complete. Incomplete applications may result in automatic denial of the permit. (2)Permit Review and Decision.When the City and the appropriate watershed management organizations review permit applications or development proposals, the Administrator shall notify the applicant of permit approval or denial within 60 days of receipt of a complete application. (3)Permit Approval.Upon approval of the application, the Administrator shall issue a permit. (4)Permit Denial.If the Administrator determines that the application does not meet the requirements of this chapter, the application will be denied. All land use and building permits shall be suspended until the applicant has an approved permit. 191 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 7 of 20 (5)Plan Modifications.The applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a.There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface waters or groundwaters. b.Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface waters or groundwaters or that the discharges are not meeting water quality standards; or c.The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity. (6)Permit Duration.Permits issued under this chapter shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee shall commence permitted activities within 60 days of the issuance of the permit for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The permit will expire or terminate when: a.The site has been stabilized and approved by the Administrator; or b.There has been 180 days of inactivity. (d)Performance Standards for Construction Site Stormwater Runoff Control. (1)All grading material and soil however placed on a grading site shall remain within the limits of the grading site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. (2)All proposed stormwater BMPs must be maintained in accordance with the plans, details and specifications approved by the City. (3)Projects within the BCWMC boundaries that disturb an area of 10,000 square feet or more or will result in more than 200 cubic yards of cut or fill shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. Projects required to meet water quality standards of the BCWMC shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. (4)Projects within the MCWD boundaries that disturb an area of 5,000 square feet or more or will result in more than 50 cubic yards shall meet the erosion and sediment control requirements specified in the current regulatory rules. (5)Projects with land disturbing activities equal to or greater than one acre, including projects less than one acre that are part of a larger common plan of development or sale,shall meet the requirements of the NPDES construction stormwater permit issued by the MPCA, as amended, for erosion and sediment controls and waste controls. (e)Applicant Responsibilities. (1)Inspections.The applicant is responsible for regular inspections and recordkeeping needed to document compliance with the permit requirements. At a minimum, the applicant must inspect the construction project once a week and within 24 hours of a rainfall event of one-half inch or greater in a 24-hour period. The City may conduct inspections as needed to ensure that both erosion and sediment control measures and stormwater BMPs are properly installed and maintained prior to construction, 192 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 8 of 20 during construction, and at the completion of the project. The applicant shall notify the City a minimum of 72 hours prior to the following required City inspections: a.Initial inspection: when all erosion and sediment control BMPs are installed. This inspection must be completed before a building permit can be issued. b.Project complete inspection: when the project is complete, including, but not limited to, final grading, installation of all stormwater management facilities, removal of all temporary erosion and sediment control BMPs, and completion of final stabilization. One-year warranty begins after inspector approves project. c.Warranty inspection: completed one year later to confirm that permanent site stabilization methods have been successful and vegetation, has been established. (2)Reporting.The applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a.There are delays of more than seven days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b.There are delays of seven days in land disturbing or filling activities or soil storage. c.The work is not being done in conformance with the approved plans and permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. (3)Right of Entry.The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter the construction site. The applicant shall allow the City and its authorized representatives, to: a.Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys b.Bring such equipment on the site as is necessary to conduct such surveys and investigations c.Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site d.Inspect the stormwater pollution control measures e.Sample and monitor any items or activities pertaining to stormwater pollution control measures f.Correct deficiencies in stormwater and erosion and sediment control measures consistent with Subsections (g)(5) and (6) of this section. (f)Financial Security. (1)Amount and Type.The applicant shall provide security for the performance of work to provide all temporary and permanent erosion and sediment control measures, including final stabilization, described and delineated in the approved permit in an amount not less than 125 percent of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a.Bond issued by one or more corporate sureties duly authorized to do business in the State. The form of the bond shall be subject to the approval of the City Attorney b.Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment 193 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 9 of 20 c.Irrevocable letter of credit in a form acceptable to the City Attorney; or d.Cash in U.S. currency. (2)Release.Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. (3)Reduction of Security.The Applicant may request a reduction of the security one time within the first 12 months of the issuance of the permit, and thereafter, one time within any 12-month period, which period shall commence on the anniversary date of the issuance of the permit and shall end on the day preceding the anniversary date of the issuance of the permit. (g)Enforcement Actions to Ensure Compliance. (1)Orders.The Administrator may issue an order to modify the approved permit and stipulate a time frame for compliance per Subsection (c)(5) of this section. The applicant shall comply with said order. (2)Permit Suspension.The Administrator shall suspend the permit and issue a stop work order if the Administrator determines that the permit was issued in error, the applicant supplied incorrect information, or the applicant is in violation of any provision of the approved plans, the permit, or this chapter. The Administrator shall reinstate a suspended permit upon the applicant's correction of the cause of the suspension. (3)Construction Stop Work Order.The City Building Official may issue a stop work order for a related building permit if requested by the Administrator. (4)Permit Revocation.If the applicant fails or refuses to cease work as required, the Administrator shall revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subsection (g)(6) of this section. The Administrator shall not reinstate a revoked permit. (5)Remedial Corrective Action.The City or a private contractor under contract with the City may conduct remedial or corrective action on the project site or adjacent sites affected by project failure or to implement actions specified in an order to modify plans and permit. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order, including, but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within 30 days, payment will be made from the applicant's financial security or, in the case where no permit was issued, payment will be assessed against the property. (6)Action Against Financial Security.In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs, including, but not limited to, staff time and attorney's fees: a.The applicant ceases land disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan b.The applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her permit revoked under this Code c.The techniques utilized under the Stormwater Management Plan fail within one year of installation, or before final stabilization is implemented for the site or portions of the site, whichever is later 194 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 10 of 20 d.The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the site; or e.The applicant fails to establish wetland, stream, or shoreline buffers as described in the stormwater permit. (7)Misdemeanor Violation.Any violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. (8)Cumulative Enforcement.The procedures for enforcement of a permit, as set forth in this chapter, are cumulative and not exclusive. (Code 1988, § 4.31(4); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-5. Post-Construction Stormwater Management. (a)The following projects must include a site plan with post-construction stormwater management BMPs that meet the requirements of this chapter and are designed, constructed, and maintained in accordance with the NPDES construction stormwater permit: (1)New development and redevelopment projects with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale. (2)Nonresidential development and redevelopment projects greater than one-half acre and less than one acre that, at the time of permit application, do not drain to a stormwater management facility or BMP onsite or on an adjacent property authorized by the adjacent property owner through a recorded easement and maintenance agreement. (b)Rate control. Post-construction stormwater runoff rates must not exceed pre-project rates for the two-, 10-, and 100-year 24-hour precipitation events. (c)Volume control. New development and redevelopment projects on sites without prohibitions that create one or more acres of new or fully reconstructed impervious surfaces shall capture and retain 1.1 inches of runoff from the sum of the new impervious surface and the fully reconstructed impervious surface. (d)Design. Stormwater volume control techniques and green infrastructure practices, including, but not limited to, infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, and green roofs, must be considered first as design options, provided they are consistent with City zoning, subdivision, and planned unit development requirements, and sanitary sewer inflow and infiltration reduction requirements. (e)Site Location. Above ground (surface) post-construction stormwater management BMPs are the preferred design option. Below ground (subsurface) shall be allowed only if: (1) the project is a redevelopment; and (2) in the opinion of the City, no above ground design option is practicable. (f)The minimal impact design standards (MIDS) and performance goals developed under and pursuant to Minn. Stats. § 115.03, subd. 5c, along with the MIDS calculator and design sequence flowchart, and design criteria in the Minnesota Stormwater Manual, is the preferred method for achieving the post-construction stormwater management requirements described in this chapter, consistent with BCWMC requirements. (g)Stormwater management limitations and exceptions. (1)Limitations. 195 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 11 of 20 a.Infiltration Prohibited.The use of infiltration techniques is prohibited when the infiltration structural stormwater BMP will receive discharges from, or be constructed in, the following areas: 1.Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS industrial stormwater permit. 2.Where vehicle fueling and maintenance occur. 3.Where less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils, groundwater, or the top of bedrock exists. 4.Where high levels of contaminants in soil or groundwater will be mobilized by infiltrating stormwater. 5.Within 25 feet of a sanitary sewer pipe due to the possibility of inflow and infiltration of clear water into the sanitary sewer system. 6.In an area with predominately Hydrologic Soil Group D (clay) soils. 7.Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. 8.In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as moderate vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 9.In an ERA within a DWSMA classified as high or very high vulnerability as defined by the Minnesota Department of Health. 10.Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 11.Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour. b.Linear Projects. 1.Linear projects on sites where infiltration is not prohibited or restricted that create one or more acres of new or fully reconstructed impervious surfaces, shall capture and retain the larger of the following: 1.1 inches of runoff from the net increase in impervious surface; or, 0.55 inches of runoff from the sum of the new and fully reconstructed impervious surface. 2.Mill and overlay and other resurfacing activities are not considered fully reconstructed. 3.Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt must be made to obtain additional right-of-way, property, or easements during the project planning process. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, property, or easements cannot be obtained, owners of the construction activity must maximize the treatment of the water quality volume prior to discharge to the City’s storm sewer system and surface waters. For linear projects where the lack of right-of-way or property precludes the installation of volume control practices to meet Subsection (g)(1)b.1 of this section, exceptions as described in Subsection (g)(2) of this section can be applied. (2)Exceptions.A lesser volume control standard on the site of the original construction activity may be applied, at the discretion of the City, under the following circumstances: 196 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 12 of 20 a.The permittee or owner of the construction site is precluded from infiltrating stormwater due to limitations under Subsection (g)(1)a of this section; and b.The permittee or owner of the construction site implements volume reduction techniques, other than infiltration, on the site of the original construction activity that reduce stormwater discharge volume but may not meet the requirements of post-construction stormwater management; and, c. The permittee or owner records all attempts of infeasibility, and the treatment of the water quality volume is maximized prior to discharge to the City’s storm sewer system and surface waters. (h)Mitigation. If the City determines that the permittee or owner of a construction site cannot cost effectively meet the water quality conditions for post-construction stormwater management on the site of the original construction activity, the City or permittee/owner shall identify locations where mitigation projects can be completed. The remaining water quality volume not addressed on the site of the original construction activity must be addressed through mitigation and, at a minimum, shall ensure the following requirements are met: (1)Mitigation project areas are selected in the following order of preference, with consultation and approval of the City: a.Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. b.Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity. c.Locations in the next adjacent DNR catchment area upstream. d.Locations anywhere within the City. (2)Mitigation projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. (3)Routine maintenance of structural stormwater BMPs already required by this chapter cannot be used to meet the mitigation requirements. (4)Mitigation projects shall be completed within 24 months after the start of the original construction activity. (5)The City shall determine, and document, who is responsible for long-term maintenance on all mitigation projects, including the establishment of maintenance agreement(s) between the City and owners of structural stormwater BMPs not owned or operated by the City. (6)If the City receives payment from the owner and/or permittee for mitigation purposes in lieu of the owner or permittee meeting the conditions for post-construction stormwater management, the City shall apply any such payment received to a public stormwater project, and all projects must be in compliance with this chapter. (Code 1988, § 4.31(5)) Sec. 107-6. General Performance Standards. (a)Freeboard.The elevation separation of buildings with respect to lakes, streams, ponds, basins, wetlands, and stormwater management facilities shall conform to the following: (1)All new and existing structures and uses located in the floodplain are subject to Section 113-125. 197 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 13 of 20 (2)For structures and uses located outside the floodplain, the following shall apply: The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and stormwater management facilities, or be structurally floodproofed in accordance with Section 113-125. Calculated high water levels shall be determined by the City based on the relevant Federal, State, BCWMC, and City studies. (b)Setbacks.New principal and accessory structures, and additions to existing structures, shall be set back 25 feet from the following features: (1)A delineated wetland edge. (2)The top of bank of a pond, filtration basin, infiltration basin, as determined by the Administrator unless such a feature is incorporated into the architectural design of the building and the construction plans are prepared and signed by a licensed structural engineer. (c)Buffers. (1)Native or natural vegetation buffers must be established or preserved in accordance with this chapter and the requirements of the BCWMC. (2)The buffer zone widths are as follows: a.Streams.Ten feet or 25 percent of the distance between the ordinary high water level and the nearest existing principal or accessory structure, whichever is less. b.Wetlands.Based on a Minnesota Routine Assessment Methodology (MnRAM) classification or similar classification system, buffer widths will be as follows (measured from the delineated wetland edge): 1.Preserve: 75 feet average and minimum of 50 feet. 2.Manage 1: 50 feet average and minimum of 30 feet. 3.Manage 2 or 3: 25 feet average and a minimum of 15 feet. c.Lakes.Minimum of 15 feet in width measured from the OHWL. d.Stormwater Management Facilities.Buffers shall extend from the normal water level, or bottom of a dry basin, up to the top of bank of the stormwater management facility, as determined by the Administrator, and shall be a minimum of 10 feet in width. (3)The following standards shall guide the protection, creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify or waive standards depending on each project site and goals for the water body. a.The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b.An access corridor, not to exceed 20 feet in width or 20 percent of the buffer edge, whichever is less, is permitted. c.Accessory structures intended to provide access to wetlands such as retaining walls, stairways and docks are permitted in the access corridor so long as they conform with State regulations, BCWMC requirements, and other applicable chapters of City code. Retaining walls and stairways must be constructed with natural materials, or materials with a natural appearance, and generally blend with the surrounding landscape. d.The City may require that a buffer be placed in a conservation easement. For new development and redevelopment projects involving the platting or subdivision of land abutting or adjacent to a 198 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 14 of 20 lake, wetland or stream, the City shall require that the buffer be placed in a conservation easement. e.Monuments identifying the conservation easement, designed in accordance with City standards, should be placed every 100 feet to delineate the buffer edge and at intersections with property lines. f.Buffer strip vegetation should be appropriate for the site conditions and goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. (d) Wetlands. (1) The City generally follows the hydrologic guidelines and standards for bounce (difference between the peak flood elevation and the normal wetland elevation), inundation (time that flood waters temporarily stored in the wetland exceed the normal wetland elevation), and runout control (elevation of the outlet) listed in MnRAM Wetland Management Classification System Table 1.1 Recommended Wetland Management Standards found on the Minnesota Board of Water and Soil Resources website. (2) Runoff. New concentrated discharge or higher rates of runoff into a wetland without the installation of post-construction stormwater management BMPs shall be prohibited. (3) Outside Storage. Wetlands and their required buffers shall not be used for outside storage of household or personal items, lawn equipment, furniture, parts, yard waste, and the like. (4) Impervious Surface. Wetlands and their required buffers shall be kept free of impervious surfaces excluding public roads, trails, bridges, and recreational facilities. (5) Access. Structures intended to provide access across a wetland, including but not limited to stairways, docks, bridges, and boardwalks, shall be prohibited unless a permit is obtained in conformance with State regulations, BCWMC requirements, and other applicable chapters of City code. (6) Structures. Structures that are not intended to provide access to wetlands, such as fences, walls, and play equipment shall not be located on wetlands. (7) In scenarios of unavoidable wetland impact where replacement is proposed, replacement shall occur in the following order: a. Replacement on site. b. Replacement within subwatershed. c. Replacement within watershed. d. Replacement within the City. e. Purchase of wetland bank credits within County and Bank Service Area pursuant to Minnesota Rules, Chapter 8420. (e) Maintenance of private stormwater management facilities. (1)No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually or more often, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. (2)Owners of private stormwater management facilities shall enter into an agreement with the City describing responsibility for the long-term inspection, operation and maintenance of the facilities. Such responsibility shall be documented in a maintenance plan and executed through a maintenance 199 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 15 of 20 agreement. The maintenance agreement shall be recorded against the parcel. The stormwater maintenance agreement shall be in a form approved by the City and shall describe the inspection and maintenance obligations of this section, and shall, at a minimum: a. Designate the owner of the private facility, which shall be permanently responsible for the maintenance of the structural stormwater BMP. b. Run with the land and pass the responsibility for such maintenance to successors in title. c.Grant the City and its representatives the right of entry for the purposes of inspecting all private stormwater management facilities. d.Allow the City the right to repair and maintain the facility, and assess costs if necessary maintenance is not performed after proper and reasonable notice to the owner. e.Protect and preserve private stormwater management facilities. If the private stormwater management facility changes causing decreased effectiveness, then a new, repaired, or improved facility must be implemented to provide equivalent treatment to the original BMP. f. Include a requirement to provide and follow a Chloride Management Plan addressing the use of chloride on the site, type of deicer to be used, personnel certified for chloride application, rate of application for the site, and a map showing snow storage areas and sensitive areas to avoid application. The chloride management plan shall be updated annually. (f) Aerators, fountains, or similar water moving devices. A permit may be issued to install and operate such devices within a privately-owned and maintained stormwater management facility or BMP, provided the following requirements are met: (1) Stormwater management facility or BMP must have at least 5 feet of permanent depth where the device is installed. (2) At least 75% of all property owners abutting the water body approve of the device, as evidenced by signatures on a petition submitted to the City. If the property owner is a common interest community, at least 75% of all unit owners shall approve of the device. (3) Submittal of device/system specifics, documentation showing no negative water quality impacts to water body or downstream water bodies, documentation of qualified professional installer, maintenance and removal plan. (4) No more than one horsepower motor or pump. (5) Hours of operation are limited to 7am-10pm. (6) Device shall only be operated between April 15 and October 15. (7) Administrator may limit lighting, height, and width of spray. (8) A permit is required for each stormwater management facility or BMP. (9) Permit must be renewed each year. (Code 1988, § 4.31(6); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) Sec. 107-7. Stormwater and Urban Runoff Pollution Control. (a)Illegal Disposal. 200 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 16 of 20 (1)Discarded Materials.No person shall throw, deposit, place, leave, maintain, or keep, or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (2)Landscape Debris.No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catchbasin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. (b)Illegal Discharges and Illicit Connections. (1)No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA or is an exempt activity listed in section (b)(2) below. (2)The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: a.The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing, landscape irrigation, diverted stream flows, rising groundwater infiltration, uncontaminated pumped groundwater, sump pump discharge, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. b.Discharges or flow from firefighting. c.Discharges associated with dye testing; however, this activity requires a verbal notification to the City's Public Works Division prior to the time of the test. (3)The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. (4)No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater system. (c)Good Housekeeping Provisions.Any owner or occupant of property within the City shall comply with the following good housekeeping requirements: (1)Chemical or Septic Waste.No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste or pathogenic bacteria or viruses in an area where discharge to streets or storm drain systems may occur. This chapter shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven days to allow for chlorine to evaporate, or the property owner may provide test results to the City showing the swimming pool water is fully dechlorinated, before discharge to the owner's property or into the storm sewer system. (2)Runoff Minimized.Runoff of water from all property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City Code. 201 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 17 of 20 (3)Storage of Materials, Machinery, and Equipment.Materials or equipment shall be stored to limit risk of contamination by runoff. a.Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b.Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges. (4)Watercourse Protection.Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to use, function, or physical integrity of the watercourse. (d)Removal of Debris and Residue. (1)All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. (2)Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal site and shall not be placed in a trash container. (e)Notification of Spills or Leaks.Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the stormwater management system, or surface waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. This shall include immediate notification of the State Department of Safety Duty Officer, if the source of the illegal discharge is a spill or leak as defined in Minn. Stats. § 115.061. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least two years. (f)Compliance Monitoring. (1)Right of Entry.City inspectors and regulators shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. a.If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. b.Facility operators shall allow approved City employees ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater. c.The City shall have the right to set up on any facility such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge to ensure compliance with this chapter. 202 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 18 of 20 d.The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e.Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator. f.Unreasonable delays in allowing City access to a facility is a violation of this chapter. A person who is the operator of a facility commits an offense if the person denies the City reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter. (2)Search Warrants.If the City has been refused access to any part of the premises from which stormwater is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction. (g)Violations, Enforcement, and Penalties. (1)Violations.It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this chapter or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the City is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement as outlined in Chapter 10. (2)Warning Notice.When the City finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the City may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a warning notice. (3)Notice of Violation.Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City may order compliance by written notice of violation to the responsible person. a.The notice of violation shall contain: 1.The name and address of the alleged violator 2.The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred 3.A statement specifying the nature of the violation 4.A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action 203 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 19 of 20 5.A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed 6.A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within five days of service of notice of violation; and 7.A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. b.Such notice may require, without limitation: 1.The performance of monitoring, analyses, and reporting 2.The elimination of illicit connections or discharges 3.That violating discharges, practices, or operations shall cease and desist 4.The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property 5.Payment of a fine to cover administrative and remediation costs; and 6.The implementation of source control or treatment BMPs. (4)Civil Penalties.In the event an alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within five days, or such greater period as the City shall deem appropriate, the City may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. (h)Appeal of Notice of Violation.If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the municipal authority upholding the decision of the City then representatives of the City shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (i)Cost of Abatement of the Violation.Within five days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within five days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. (j)Violations Deemed a Public Nuisance.In addition to the enforcement processes and penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Code 1988, § 4.31(7); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) 204 Created: 2021-06-24 13:03:41 [EST] (Supp. No. 34, Update 1) Page 20 of 20 Sec. 107-8. Responsibility for Stormwater Drainage on Private Property. (a)Responsibility.Property owners are responsible for stormwater drainage on private property. The City assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer system. (b)Technical Assistance.Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. (c)Petition.Property owners may petition the City for public improvements to correct a drainage problem on private property. (d)Costs.Property owners shall pay all costs associated with correcting drainage problems on private property including City staff time, consultant costs, legal fees, and design and construction costs. (e)Assessment.If property owners petition the City to construct a public project, project costs shall be assessed to each property contributing flow to the problem area in accordance with Minn. Stats. ch. 429 and pursuant to the City's assessment policy. (Code 1988, § 4.31(8); Ord. No. 428, 2nd Series, 5-14-2010; Ord. No. 545, 2nd Series, 3-26-2015) 205 RESOLUTION NO. 23-009 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 758 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 107 STORMWATER MANAGEMENT WHEREAS, the City has adopted the above reference 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. NOW 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. 758 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 107 STORMWATER MANAGEMENT This is a summary of the provisions of Ordinance No. 758 which has been approved for publication by the City Council. At the February 7, 2023 City Council meeting, the Golden Valley City Council enacted Ordinance No. 758 amending City Code Chapter 107 Stormwater Management. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Adopted by the City council this 7th day of February 2023. ______________________________ Shepard M. Harris, Mayor ATTEST: ______________________________ Theresa Schyma, City Clerk 206 Review of Council Calendar Event Event Time Location FEBRUARY Thursday, February 9 Remote Fire Station Site Selection Open House 6:00 PM - 8:00 PM Online Via Webex Sunday, February 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, February 14 Council Work Session 6:30 PM Hybrid - Council Conference Room Thursday, February 16 Building An Equitable Golden Valley Quarterly Conversation: Umoja Mixer 6:00 PM - 7:15 PM Brookview Monday, February 20 City Offices Closed for Observance of Presidents' Day Tuesday, February 21 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, February 23 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Friday, February 24 Municipal Legislative Commission (MLC) Legislative Breakfast Meeting 8:00 AM - 9:30 AM Braemar Golf Course 6364 John Harris Dr, Edina Sunday, February 26 West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center 1001 MN-7, Hopkins, MN Tuesday, February 28 City Council Annual Joint Meeting with Boards/Commissions 6:00 PM Brookview - Bassett Creek Room MARCH Friday, March 3 State of the City 3:00 PM - 4:30 PM WSB, 701 Xenia Ave S, UNIT 300 Monday, March 6 Twin Cities Public Television Presentation - Bridging the Faultlines: Stories of Racism and Resistance (Program 2) 6:00 PM - 9:00 PM Capri Theater, 2027 W Broadway Ave, Minneapolis Tuesday, March 7 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, March 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, March 14 Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, March 21 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, March 23 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room 207