02-21-23 City Council Agenda February 21, 2023 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of City Council Minutes:
3A.1.Regular Meeting Minutes of 2022 - November 15, December 6 and 20
3A.2.Meeting Minutes of February 7, 2023 - Special City Council Meeting (commission
interviews), Special City Council Meeting with Closed Executive Session, and Regular City
Council Meeting
3A.3.Meeting Minutes of February 14, 2023 Special City Council Meeting (commission
interviews)
3B.Approval of City Check Registers
3C.Licenses:
3C.1.Approve Multi-Family Rental Property Licenses for the period of March 1, 2023 through
February 28, 2024.
3D.Boards, Commissions, and Task Forces:
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 2467 006
5731. 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 2467 006 5731 . Press *3 to raise your
hand during public comment sections.
City of Golden Valley City Council Regular Meeting February 21, 2023 — 6:30 PM
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3D.1.Appointments to Various Commissions
3D.2.Receive and File November 28, 2022 Environmental Commission Meeting Minutes
3E.Bids, Quotes, and Contracts:
3E.1.Approve Contract for City Hall Boiler Replacement Project with Uhl Company, Inc.
3E.2.Authorize the Mayor and City Manager to execute a construction services agreement with
Versacon, Inc. in a form approved by the City Attorney for the 2023 Wesley Park Shelter
Building Improvement Project
3F.Grants and Donations:
3F.1.Approve Resolution No. 23-010 Supporting Submittal of Application to Minnesota Pollution
Control Agency for Minnesota GreenCorps Host Site
3F.2.Approve Resolution No. 23-011 Accepting the In-Kind Donation of $2,191.50 from Stan
Waldhauser Photography
3F.3.Approve Resolution No. 23-012 Accepting a Donation for the GVPD Shop with a Cop
outreach Event From James and Kathleen Johnson and the Golden Valley Crime Prevention
Fund and a Donation for 2022 GVPD Awards Ceremony From the Golden Valley Crime
Prevention Fund
4.Public Hearing
5.Old Business
6.New Business
6A.Review of Council Calendar
6B.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting February 21, 2023 — 6:30 PM
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November 15, 2022 — 6:30 PM
CouncilChambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings arebeing 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.PledgeofAllegianceandLand 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, Finance Director Virnig, Housing
and Economic Development Manager Shoquist, Planning Manager Zimmerman,
Physical Development Director Nevinski, Police Chief Green, Assistant Police Chief
White, Acting Assistant Chief Sleavin, Recreation Supervisor Erickson, and City
Clerk Schyma
1C.NewEmployeeIntroductionsandSwearing-In/PromotionsCeremony
Assistant Police Chief White introduced new civilian employees to the Police Department.
Police Chief Green, Assistant Police Chief White, and Acting Assistant Police Chief Sleavin
presented awards and promotions to members of the Police Department.
1D.2022 Small Business Saturday Proclamation
Housing and Economic Development Manager Shoquist discussed the staff report.
Motion by M. Harris, Second by Sanberg to support a proclamation in support of Small
Business Saturday 2022.
Motion carried 5-0.
2.Additions and Corrections to Agenda
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Motion by Rosenquist, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 5-0.
3.Consent Agenda
Motion by M. Harris, Second by Sanberg to approve the Consent Agenda as submitted.
Motion carried 5-0.
3A.Approval of Check Register
3B.Bids,Quotes,andContracts:
3B.1.Approve Professional Services Agreement with Aviellah Curriculum and Consulting
3B.2.Adopt Resolution No. 22-102, Douglas Drive and TH 55 Pedestrian Underpass and
Roundabout Project Right of Way and Easements for 6125 Olson Memorial Highway:
a. Approve City of Golden Valley Right of Way Plat No. 1
b. Approve Easement Agreement with Perpich Center for Arts Education
3C.Receive and File September 2022 Quarterly Financial Reports
4.Public Hearing
4A.Ordinance No. 749, McDonaldsPUD No. 58, AmendmentNo. 2, 730 Winnetka Avenue
North
Planning Manager Zimmerman discussed the staff report. He further discussed adding a condition
to state that the number of parking spaces provided shall not drop below 79.
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 adopt Ordinance No. 749 Approval of
Major PUD Amendment, McDonalds P.U.D. No. 58, Amendment #2 as amended by adding
Condition #6 to state that the number of parking spaces provided shall not drop below 79.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4B.Ordinance No. 750, Conditional Use Permit No. 174 to Allowfor Automobile Sales and
Service at 650 Ottawa Avenue North
Planning Manager Zimmerman discussed the staff report and stated the applicant was in
attendance and available for questions.
Mayor Harris opened the public hearing.
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Peter Moyer, resident of Killarney Drive, noted that it is an industrial property located next to a
park and a big concern is the number of trees that are going to be removed since they act as a
buffer for the neighborhood.
Rose Barnett, 4841 Killarney Drive, had questions regarding lighting requirements and
enforcement. She also noted that the neighborhood is not a commercial corridor and wondered
why this business is not in the 394 corridor. She does not believe it is a good fit for the
neighborhood as they want park space not parking lots.
Shari Brixson, resident of Killarney Drive, believes this project will impact the quality of life for the
residents of Killarney Drive and hopes the Council will take that into consideration.
Mayor Harris closed the public hearing.
Planning Manager Zimmerman discussed code enforcement, conditions of the permit, current
zoning of the property, traffic study, and requirements for tree replacement while noting the
landscape plan submitted by the applicant meets those requirements.
Council Member Rosenquist noted that the traffic issue can hopefully be improved for the
neighborhood if the City can work with MnDOT to manage that intersection better.
The Council thanked the residents for their comments and encouraged the applicant to work with
the neighborhood to be a good neighbor.
Motion by Rosenquist, Second by Sanberg to adopt Ordinance No. 750, Approval of Conditional
Use Permit Number 174 allowing for Automobile Sales and Service at 650 Ottawa Avenue North.
Motion carried 4-1.(In Favor: S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: M.
Harris)
5.Old Business
6.New Business
All Ordinances listedunder thisheading are eligiblefor public input.
6A.Second Consideration ofOrdinance No. 747, Establishing a2023 Master Fee Schedule,
Resolution No. 22-103
Finance Director Virnig discussed the staff report.
Motion by Rosenquist, Second by Sanberg to adopt Second 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)
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-103 Approving the
Summary Publication of Ordinance No. 747.
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Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6B.Second Consideration ofOrdinance No. 748, RepealingArticle IV of the CityCode Relating
to the Licensing of Amusement Devices
City Clerk Schyma discussed the staff report.
Motion by Rosenquist, Second by M. Harris to adopt second consideration of Ordinance No. 748,
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)
6C.First Considerationof Ordinance No. 751, Board and CommissionTerm Limits
City Attorney Cisneros and City Manager Cruikshank discussed the staff report. City Attorney
Cisneros presented an amendment to the proposed ordinance to include some grammatical
changes, inclusion of language for the Board of Zoning Appeals, and the changing the limit
specifically for the Planning Commission to a limit of three consecutive three-year terms.
Planning Manager Zimmerman discussed the impact of term limits to the Planning Commission.
He stated that having continuity could be achieved by having a separate term limit for the
Planning Commission – a limit of three consecutive three-year terms.
Council Member Sanberg stated that one of the reasons for term limits is to achieve diversity,
equity, and inclusion goals for boards and commissions. This will help include many voices on
boards and commissions.
Motion by Sanberg, Second by M. Harris to approve first reading of Ordinance No. 751 amending
City Code Artivle V: Boards and Commissions as amended.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6D.First Consideration of Ordinance No. 752, Amendingthe City Code to Changethe Human
Services Commission (HSC) to a New Community Services Commission (CSC)
Recreation Supervisor Erickson discussed the staff report.
Motion by La Mere-Anderson, Second by Sanberg approve first reading of Ordinance No. 752
amending City Code Section 2-132 Human Services Commission.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6E.Review of Council Calendar
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Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6F.Mayor and Council Communications
1. Other Committee/Meetingupdates
7.Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:03 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
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December 6, 2022 —6:30 PM
CouncilChambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings are being conducted in ahybrid 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 6:52 pm.
1A.PledgeofAllegianceandLandAcknowledgement
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, Deputy City Manager/Human Resources Director
Santelices, City Attorney Cisneros, Finance Director Virnig, City Planner Campbell,
Recreation Supervisor Erickson, and City Clerk Schyma
1C.City Council Statement Regarding the RecentlyReleased Findingsof the Independent
Investigation.
Mayor Harris read a statement from the City Council regarding the recently released
findings of the independent investigation about misconduct in the Police Department.
Mayor Harris needed to leave the meeting and turned the gavel over to Mayor Pro
Tempore M. Harris.
1D.Receive and approve the 2022 Allocations for the Golden Valley Human Services
Commission
Recreation Supervisor Erickson introduced Human Services Commission members Aaron Black and
Elizabeth Burwell who presented the report.
Motion by La Mere-Anderson, Second by Rosenquist to receive and approve the 2022 allocations
for the Golden Valley Human Services Commission.
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Motion carried 4-0.
1E.Certificate ofAppreciation for Outgoing CommissionerDan Freeman ofthe Three Rivers
Park District Board
Mayor Pro Tempore M. Harris read and presented the certificate of appreciation to outgoing
Commissioner Dan Freeman of the Three Rivers Park District Board.
The Council thanked Mr. Freeman for his great work and years of service.
2.Additions and Correctionsto Agenda
Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted.
Motion carried 4-0.
3.ConsentAgenda
Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised:
removal of Item #3E1 -Receiveand File the 2022 Annual Grant Funding Update.
Motion carried 4-0.
3A.Approval of Meeting Minutes - Special CityCouncil Closed Executive Session of November
9, 2022
3B.ApprovalofCheckRegister
3C.Licenses:
3C.1.Gambling License Exemption and Waiver of Notice Requirement -Good Shepherd
School
3D.Bids, Quotes, and Contracts:
3D.1.Award Contract for Tree Trimming and Removal to Sorenson Tree Service, LLC in a form
approvedbytheCityAttorney
3E. Grants and Donations:
3E.1.Receive and File the 2022 Annual Grant Funding Update
3E.2.Adopt Resolution No. 22-104 to Authorize Application for the Minnesota Active
Transportation (AT)Program Grant: Winnetka Avenue and23rd Avenue Pedestrian
Crossing Improvements Zane Avenue Sidewalk
3E.3.Approve Resolution No. 22-112 and Authorize the Mayor and City Manager to Sign a
Funding Agreement for the Toward Zero Death (TZD) Grant Program in a Form Approved by
the City Attorney
3F.Adopt Resolution No. 22-105Supportingthe French Regional ParkMaster Plan
3G.Authorize the Mayor andCity Manager to Sign PUD Permit No. 58, Amendment#2 for
McDonalds
3H.Adopt ResolutionNo. 22-106 Granting CityCouncilConsent for Housing and
Redevelopment Authority (HRA) Levy Payable in 2023
3I.Adopt Resolution No. 22-107 Authorizing the 2023-2032 Capital Improvement Program
3J.Approve ResolutionNo. 22-108Â Adopting the 2023-2024 Budget for Enterprise, Special
Revenueand InternalServiceFunds
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3K.Adopt ResolutionNo. 22-111Designation of 2023 Polling Places
3. Items Removed From the Consent Agenda:
3E1. Receive and File the 2022 Annual Grant FundingUpdate
City Planner Campbell discussed the report and highlighted grants the City has received.
Motion by Sanberg, Second by Rosenquist to receive and ile the 2022 Annual Grant Funding
Update.
Motion carried 4-0.
4.Public Hearing
4A.Public Hearing and Approve Resolution No. 22-109 Adopting the 2023 Budget of the
General Fund Budget and Resolution No. 22-110Adopting the Property TaxLevies for Taxes
Payable in 2023
Finance Director Sue Virnig discussed the staff report and the process of how property owners can
discuss and challenge how their properties are assessed.
Mayor Pro Tempore M. Harris opened the public hearing.
Brooke Johnson, 4205 Woodstock Avenue, stated she is against the proposed increase because
the rate is one that outpaces wage increases and is a financial strain for residents. She also
disagrees with how rates are based on market value and not the assessed value of properties. In
order to meet people where they are and have more participation in local government, she asked
the Council to consider providing daycare and meals at night meetings to allow working people
and parents to participate in the important discussions taking place in the City.
Rustin Wolfe, 212 Burntside Drive, stated he is opposed to the proposed increase. He added that
his property taxes have gone up every year he has resided in Golden Valley and it has not been at
a rate that matches wage increases.
Lynne Stobbe, 2009 Independence Avenue, stated that the Council continues to advocate for
affordable housing but raising property taxes every year at rates that outpace wage increases
seem to contradict that goal. She stated there needs to be more spending accountability in
municipal government because people can’t afford these continuous increases.
Barb Hillesland, 1813 Independence Avenue, stated that recent increases are exorbitant and
Golden Valley is one of the most expensive cities to live in Minnesota. She said the City needs to
make due with what they have because residents cannot afford it.
Dan Decker, 2452 Mendelssohn Lane, stated that he has a long list of repairs for his house that he
is unable to do for medical reasons. For this reason he disagrees with how rates are based on
market value of surrounding properties and not the assessed value of his actual house.
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Howard Tarko, 6810 Harold Avenue, wants to understand the context of the proposed increase
because the process seems like a very rote, mechanical process for calculating increases.
Lorin Hatch, 537 Meadow Lane, stated that constantly increasing property taxes is not sustainable
for residents.
Mayor Pro Tempore Harris closed the public hearing.
Mayor Pro Tempore Harris stated that the Council did have a “gut check” when looking at the
budget and proposed increases. He stated that he also does not agree with how rates of
properties are based on market value but that is not something the Council has control over. He
further stated that Golden Valley has aging infrastructure and aims to provide a high level of
service to the residents which means there were several discussions about how to cut the
increase as much as possible. Unlike all surrounding cities, Golden Valley has not received Local
Government Aid in several years while being required to contribute which makes a difference at
budget time.
Council Member Sanberg agreed with Mayor Pro Tempore Harris and noted that Council does not
“rubber stamp” the budget and increases. She stated that discussions occur for months to find a
way to lower the financial impact to residents while still providing a high level of service.
Council Member La Mere-Anderson discussed how the financial impact of the pandemic has
affected her household like many other residents in the community. She stated that the required
services of the City this year led to the proposed increase and it was not a decision that was made
lightly.
Council Member Rosenquist thanked staff for their hard work on the budget but is still not
comfortable with supporting the proposed budget and levy increase. She stated that she voted
against the proposed increases in September and listed surrounding cities of similar populations
and budgets that do not have the same high increases as Golden Valley.
Motion by Sanberg, Second by La Mere-Anderson to adopt Resolution No. 22-109 Adopting the
2023 Budget of the General Fund Budget.
Motion carried 3-1.(In Favor: M. Harris, La Mere-Anderson, Sanberg. Opposed: Rosenquist)
Motion by Sanberg, Second by La Mere-Anderson to adopt Resolution No. 22-110 Adopting the
Property Tax Levies for Taxes Payable 2023.
Motion carried 3-1.(In Favor: M. Harris, La Mere-Anderson, Sanberg. Opposed: Rosenquist)
4B.Public Hearing and Adoption of Ordinance No. 753- Zoning Text Amendment in Order to
Revise the Term Lengths for Members of the Board of Zoning Appeals
City Attorney Cisneros discussed the staff report.
Mayor Pro Tempore M. Harris opened the public hearing. As there were no comments, the public
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hearing was closed.
Motion by Rosenquist, Second by Sanberg to adopt Ordinance No. 753 Amending Board of
Zoning Appeals term length.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
5.Old Business
6.New Business
All Ordinances listedunder thisheading are eligiblefor public input.
6A.Second Consideration ofOrdinance No. 751, Board and CommissionTermLimits,
Resolution No. 22-113
City Attorney Maria Cisneros discussed the staff report.
Motion by La Mere-Anderson, Second by Sanberg to approve Second Reading of Ordinance No.
751 Amending City Code Article V: Boards and Commissions.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to Approve Resolution No. 22-113 Authorizing
Summary Publication of Ordinance No. 751.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6B.Second Consideration ofOrdinance No. 752, Amending the City Code to Changethe Human
Services Commission (HSC) to a New Community Services Commission (CSC) and Approve
Community Services Commission Bylaws
Recreation Supervisor Erickson discussed the staff report.
Motion by La Mere-Anderson, Second by Rosenquist to approve Second Reading of Ordinance
No. 752 amending City Code Section 2-132 Human Services Commission.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
Motion by La Mere-Anderson, Second by Rosenquist to Approve Community Services
Commission Bylaws.
Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
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6C.Review of Council Calendar
Mayor Pro Tempore M. Harris reviewed upcoming city meetings, events, and holiday closures.
6D.Mayor and Council Communications
1. Other Committee/Meetingupdates
7.Adjournment
Motion by Sanberg, Second by Rosenquist to adjourn the meeting at 8:56 pm.
Motion carried 4-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
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December20, 2022 —6:30 PM
CouncilChambers
Hybrid Meeting
CITY COUNCIL REGULAR MEETING MINUTES
City Council meetings arebeing 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
1A.PledgeofAllegianceandLand 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, Deputy City Manager/Human Resources Director
Santelices, City Attorney Cisneros, Finance Director Virnig, Environmental
Resources Supervisor Eckman, Environmental Specialist Chirpich, City Engineer
Kakach, Planning Manager Zimmerman, and City Clerk Schyma
1C.Presentation of Bill HobbsAward Winners
Deputy City Manager/Human Resources Director Santelices and Diversity, Equity, and Inclusion
Commissioner Joelle Allen discussed and presented the awards to Marti Micks and Rose McGee.
1D.Certificate of Appreciationfor OutgoingState Representative RyanWinkler
Mayor Harris presented the certificate of appreciation to outgoingState RepresentativeRyan
Winkler.
1E.New Employee Introductions
Finance Director Virnig introduced IT Supervisor John Peterson.
2.Additions and Corrections to Agenda
The Council noted that Item #3D7 - Approve Douglas Drive/Highway 55 Underpass Easement
Agreements for 6401 Westchester Circle, Resolution No. 22-114 needed to be removed from the
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agenda to be considered at a future meeting.
Motion by M. Harris, Second by Rosenquist to approve the agenda as amended.
Motion carried 5-0.
3.Consent Agenda
Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised:
removal of Item #3C.2. Accept Resignation from the Planning Commission; #3D.4. Approve
Settlement Agreement in Howard v. City of Golden Valley; #3E.1. AdoptResolution No. 22-115
Accepting aDonation fromthe CrimePrevention Fund for the Police Department's Awards and
Promotions Reception; #3E.2. Adopt ResolutionNo. 22-116,Acceptance of OngoingDonations;
and #3M. AdoptResolutionNo. 22-123SupportingNo Mow May Initiative.
Motion carried 5-0.
3A.Approval ofCheckRegister
3B.Licenses:
3B.1.Approve 2023 Therapeutic Massage Facility License Renewals
3B.2.Approve Cigarette/Tobacco License Renewals
3B.3.Approve Temporary On-Sale Liquor License - The Loppet Foundation
3C.Boards, Commissions, and Task Forces:
3C.1. Receive and File October 24, 2022 Environmental Commission Meeting Minutes
3C.2.Accept Resignation from the Planning Commission
3D.Bids, Quotes, and Contracts:
3D.1.ApprovePurchaseof ParkMaintenanceEquipment
3D.2.Approve Purchase of Super Duty Pickups
3D.3.Approve Amendmentto Prosecution ServicesAgreement with Chestnut Cambronne
3D.4.Approve Settlement Agreement in Howard v. City of Golden Valley
3D.5.Authorize Agreementfor Bassett CreekStreambank Stabilization Project #22-20with
Blackstone Contractors LLC.
3D.6.Authorize Pre-purchase of Box Culvert Material for Douglas Drive andHighway 55
Pedestrian Underpass and Roundabout Project
3D.7.ApproveDouglas Drive/Highway 55 Underpass Easement Agreements for6401
Westchester Circle, Resolution No. 22-114 (removed from agenda)
3D.8.Approve Professional Services Agreementwith Short Elliott Hendrickson, Inc. for Public
Improvements Observation at 6300 Olson Memorial Highway
3E.Grants and Donations:
3E.1.Adopt ResolutionNo. 22-115 Accepting a Donation from the CrimePrevention Fund for the
Police Department's Awards and Promotions Reception
3E.2.Adopt ResolutionNo. 22-116,Acceptance of OngoingDonations
3F.Approve 2023 City Calendar and Meeting Dates
3G.Adopt ResolutionNo. 22-117Approving 2023 CouncilAppointments, Assignments, and
Reimbursements
3H.Adopt ResolutionNo. 22-118ApprovingAmendmentto Employee Handbook
3I.Adopt Resolution No. 22-119 for Approval of City Department Structure
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3J.Adopt ResolutionNo. 22-120ApprovingCompensation andClassification Tables
3K.Adopt Resolution No. 22-121 Approving an Interfund Loan for the BrookviewGolf Irrigation
System
3L.Adopt ResolutionNo. 22-122 CorrectingGolden Valley Fire Relief Association By-Law
Pension Amount and Terms of Pension Steps
3M.Adopt ResolutionNo. 22-123SupportingNoMow May Initiative
3N.Receive and File Downtown Traffic Study
3.Items Removed From the Consent Agenda:
3C2. Accept Resignation from the Planning Commission
Council Member La Mere-Anderson thanked Andy Johnson for his service on the Planning
Commission.
Motion by La Mere-Anderson, Second by Rosenquist to accept the resignation of Andy Johnson
from the Planning Commission.
Motion carried 5-0.
3D4. Approve Settlement Agreement in Howard v. City of Golden Valley
Mayor Harris read a statement from the Council regarding the settlement agreement.
Motion by M. Harris, Second by La Mere-Anderson Motion to approve Settlement Agreement in
Howard v. City of Golden Valley
Motion carried 5-0.
3E1. Adopt Resolution No. 22-115 Accepting aDonation from the Crime Prevention Fund for
the Police Department's Awards and Promotions Reception
Council Member Rosenquist thanked the Crime Prevention Fund for the donation.
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 22-115 accepting the
donation from the Golden Valley Crime Prevention Fund for the GVPD Awards and Promotion
Reception on November 15, 2022.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
3E2. Adopt ResolutionNo. 22-116,Acceptance of OngoingDonations
Council Member Rosenquist thanked the community for the ongoing donations to the Human
Services Foundation and Noah Joynes Youth Recreation Fund.
Motion by Rosenquist, Second by La Mere-Anderson to adopt Resolution No. 22-116 Accepting
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Donations for Ongoing Programs.
Motion carried 5-0.
3M. Adopt ResolutionNo. 22-123SupportingNoMow May Initiative
Environmental Resources Supervisor Eckman and Environmental Specialist Chirpich discussed the
initiative and thanked Council for their support of environmental programs.
Motion by Sanberg, Second by M. Harris to adopt Resolution No. 22-123 Supporting No Mow
May Initiative.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4.Public Hearing
4A.Public Hearing on Proposed Improvementsforthe 2023 Pavement Management Program,
Project #23-01, Resolution No. 22-124
City Engineer Kakach discussed the staff report, Pavement Management Program, and Project
#23.01.
Mayor Harris opened the public hearing. As there were no comments, the public hearing was
closed.
Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 22-124 accepting Feasibility
Report, approving plans and specifications, ordering construction, and authorizing bidding of
Certain Proposed Public Improvements for the 2023 PMP.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4B.Conditional UsePermit No. 163, Amendment 1, to Allow for Surface Lot Storage of
Automobile Sales Inventory on a lot east of 1109 Zane Ave S, Ordinance No. 756
Planning Manager Zimmerman discussed the staff report, history of the conditional use permit,
current use and condition of the site, and options available to the Council.
Mayor Harris opened the public hearing.
Ann Bennion, 1125 Welcome Circle, stated she doesn’t believe the applicant has lived up to their
obligations of the original conditional use permit. She wants to know if the deed restriction to be
put back on the property. However, she is concerned that if the CUP is removed then the
neighborhood would be in even worse shape in regard to screening of the property. She wants a
screening requirement for the property.
Mary Pat Gibbs, 1113 Welcome Circle, spoke about her concerns regarding maintenance of the
17
property and wants a screening requirement.
William Gibbs, 1113 Welcome Circle, wants the Council to following the Planning Commission
recommendation and deny the amendment to the CUP. He wants the deed restriction to be put
back on the property.
Mayor Harris closed the public hearing.
City Attorney Cisneros stated that currently the City has no mechanism to add the deed restriction
back to the property. She added that deed restrictions are not the best method for ensuring
compliance with zoning ordinances because deed restrictions can expire under Minnesota Statute.
Council Member La Mere-Anderson stated she wishes there was a mechanism to hold the
applicant more accountable for the failure of their commitment to the neighborhood. However,
her main concern is to find the best solution for the neighborhood which she believes is to extend
the deadline to June 30, 2023.
The Council consensus was they want resolution for the surrounding properties in regards to
screening requirements and for that reason can agree to extending implementation to a firm
deadline for compliance of June 30, 2023.
Motion by M. Harris, Second by Sanberg to approve Ordinance No. 756, Conditional Use Permit
Number 163, Amendment 1, to Allow for Surface Lot Storage of Automobile Sales Inventory on a
lot east of 1109 Zane Ave S with the amendment to Condition #5 so that it reads “Vegetative
screening must be maintained in a strip 60 feet wide along the eastern property line as a visual
buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City
staff for approval and shall install the vegetative screening consistent with the approved landscape
plan no later than June 30, 2023.”
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4C.Zoning Text Amendment - Updates to Mobile Vending Regulations, Ordinance No. 754
Planning Manager Zimmerman discussed 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. 754 amending Sec.
113-31 Temporary Uses in order to update regulations for Mobile Vendors to match the Master
Fee Schedule.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
4D.Zoning Text Amendment- Updates tothe OfficialZoning Map Requirements, Ordinance
18
No. 755
Planning Manager Zimmerman discussed 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 approve Ordinance No. 755 amending the zoning text
to update the requirements associated with the official zoning map.
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
6A.Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6B.Mayor and Council Communications
1. Other Committee/Meetingupdates
7.Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 8:56 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
19
February 7, 2023 —5:00 PM
Council Conference Room
Hybrid Meeting
CITY COUNCIL SPECIAL MEETING MINUTES
Special City Council meetings are being conducted in a hybrid format with in-person and
remote options for attending.
Present:Mayor Pro Tempore Denise La Mere-Anderson, Council Members Maurice Harris, Gillian
Rosenquist, and Kimberly Sanberg
Absent:Mayor Shep Harris
Staff present: City Manager Cruikshank and City Clerk Schyma
Mayor Pro Tempore La Mere-Anderson started the special meeting at 5:00 pm.
Special Meeting Item(s):
1.Commissioner Interviews
The Golden Valley City Council met to interview candidates the following candidates
for appointments to various boards and commissions:
Matthew Olson Karen Boehne
2.Discussion Regarding Appointments to the Police Employment, Accountability,
& Community Engagement (PEACE) Commission
The Council consensus was to appoint Katrina Cisneros to the vacant position on
the Police Employment, Accountability, &Community Engagement (PEACE)
Commission with a term that expires in April 2024.
3.Adjournment
The Council adjourned by unanimous consent at 5:45 pm.
________________________________
Denise La Mere-Anderson, Mayor Pro Tempore
ATTEST:
_________________________________
Theresa Schyma, City Clerk
20
February 7, 2023 —5:45 PM
Manager's Conference Room
CITY COUNCIL SPECIAL MEETING MINUTES
Special Meeting Item(s):
1.Call to Order
Mayor Pro Tempore La Mere-Anderson called the meeting to order at 5:52 pm.
2.Roll Call
Present:Mayor Shep Harris (arrived 6:15 p.m.), 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, and City Attorney Cisneros
Motion by La Mere-Anderson, Second by Sanberg to close the special meeting, pursuant to to
Minn. Stat. § 13D.03, for the purpose of discussion labor negotiation strategy related to the City’s
negotiations with the Community Service Officers Union (LELS Local 525) and Patrol Officers Union
(LELS Local 27).
Motion carried 4-0.
Prior to going into closed session Mayor Pro Tempore La Mere-Anderson announced the
following:
1)No other public business will be discussed at this closed session pursuant to the statute.
2)Since no public business will be discussed, the special meeting will adjourn at the
conclusion of the closed session.
3.Adjourn to Closed Executive Session
The meeting was closed pursuant to Minn. Stat. § 13D.03.
3.A. Special City Council Closed Executive Session in the Manager's Conference Room to discuss
labor negotiation strategy related to the City’s negotiations with the Community Service
Officers Union (LELS Local 525).
21
3.B. Special City Council Closed Executive Session in the Manager's Conference Room to discuss
labor negotiation strategy related to the City’s negotiations with the Patrol Officers Union
(LELS Local 27).
4.Adjournment of Special City Council Meeting and Closed Executive Session
Motion by La Mere-Anderson, Second by Rosenquist to adjourn the Special City Council Meeting
and Closed Executive Session at 6:26 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
22
February 7, 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 6:48 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, Building Official Anderson,
Environmental Resources Supervisor Eckman, and City Clerk Schyma
1C. Annual Discover St. Louis Park Presentation
Becky Bakken, President and CEO of Discover St. Louis Park, presented a year-end update for
Discover St. Louis Park.
2.Additions and Corrections to Agenda
Motion by Rosenquist, 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:
removal of Item #3D1 -Police Employment, Accountability, & Community Engagement (PEACE)
Commission Appointment; #3E7 -Approve 2022-2024 Labor Agreement with Patrol Officers Union
(LELS Local # 27);and #3G -Receive and File the City of Golden Valley's 2023 Pyramid of Success
(Council Goals).
23
Motion carried 5-0.
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
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
3. Items Removed From the Consent Agenda:
3D.1. Police Employment, Accountability, & Community Engagement (PEACE) Commission
Appointment
The City Council thanked all applicants interested in serving on the PEACE Commission. The
Council consensus was to appoint Katrina Cisneros to PEACE Commission.
Motion by Sanberg, Second by La Mere-Anderson to appoint Katrina Cisneros to the vacant
position on the Police Employment, Accountability, & Community Engagement (PEACE)
Commission with a term that expires in April 2024.
Motion carried 5-0.
3E.7. Approve 2022-2024 Labor Agreement with Patrol Officers Union (LELS Local # 27)
Mayor Harris discussed the incentives included in the new contract and expressed his support for
the Police Department.
24
Motion by Rosenquist, Second by M. Harris to approve 2022-2024 Labor Agreement with Patrol
Officers Union (LELS Local # 27).
Motion carried 5-0.
3G. Receive and File the City of Golden Valley's 2023 Pyramid of Success (Council Goals)
Council Member Rosenquist discussed the process of deciding which goals to focus on each year
at the Council’s annual strategic planning session. She further talked about specific goals on the
2023 Pyramid of Success.
Motion by Rosenquist, Second by Sanberg to receive and file the City of Golden Valley’s 2023
Pyramid of Success (Council Goals).
Motion carried 5-0.
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
Environmental Resources Supervisor Eckman presented the staff report and said that staff have
not received any comments from members of the public regarding this ordinance.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Sanberg, Second by La Mere-Anderson 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 carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
Motion by La Mere-Anderson, Second by M. Harris to adopt Resolution No. 23-008 Authorizing
Summary Publication of Ordinance No. 757.
Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson,
Rosenquist, Sanberg. Opposed: N/A)
6B. Second Consideration of Updated Stormwater Management Ordinance No. 758
Environmental Resources Supervisor Eckman presented the staff report and said that staff have
not received any comments from members of the public regarding this ordinance. He added that
most of the proposed changes are mandatory for compliance with MPCA permit or conformance
with state and watershed requirements.
25
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by Sanberg 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 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. 23-009 Authorizing Summary
Publication of Ordinance No. 758.
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 Rosenquist, Second by M. Harris to adjourn the meeting at 8:08 pm.
Motion carried 5-0.
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
26
February 14, 2023 —5:00 PM
Council Conference Room
Hybrid Meeting
CITY COUNCIL SPECIAL MEETING MINUTES
Special City Council meetings are being conducted in a hybrid format with in-person and
remote options for attending.
Present:Mayor Pro Tempore Denise La Mere-Anderson (arrived 5:35 p.m.), Council Members
Maurice Harris, Gillian Rosenquist and Kimberly Sanberg
Absent:Mayor Shep Harris
Staff present: City Manager Cruikshank and City Clerk Schyma
Special Meeting Item(s):
1.Commissioner Interviews
The Golden Valley City Council met to interview candidates the following candidates
for appointments to various boards and commissions:
Scott Seys Imara Hixon Pamela Wandzel
2.Discussion Regarding Appointments to Various Boards and Commissions
The Council consensus was to make the following appointments at the next regular City
Council meeting.
Name Commission
Scott Seys Open Space and Recreation Commission
Imara Hixon Diversity, Equity, and Inclusion Commission
Pamela Wandzel Planning Commission
3.Adjournment
The Council adjourned by unanimous consent at 6:22 pm.
________________________________
Denise La Mere-Anderson, Mayor Pro Tempore
ATTEST:
_________________________________
Theresa Schyma, City Clerk
27
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 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:
02-03-23 Check Register
02-13-23 Check Register
Financial or Budget Considerations
The check register has a general ledger code as to where teach claim is charged. At the end of the
register is a total amount paid by fund.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
28
EXECUTIVE SUMMARY
Fire
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3C.1. Approve Multi-Family Rental Property Licenses for the period of March 1, 2023 through February
28, 2024.
Prepared By
Jill Lund, Fire Department Administrative Assistant
Jake Dashiell, Deputy Fire Marshal
Summary
The following multi-family rental properties are up for renewal March 1, 2023. All are on an annual
March 1 renewal cycle. All have completed an annual rental inspections within the past few months,
and have corrected or are in the process of correcting any issues noted during those inspections. Fees
are based on participation in the Safe Tenant and Renter (STAR) Program. Staff is recommending
approval of the following license renewals:
Arcata Apartments - 901 Xenia Avenue South
Calvary Center Apartments - 7650 Golden Valley Road
Central Park West Apartments - 1511 Utica Avenue South
Colonial Apartments - 5743/5745/5747 Glenwood Avenue
Copacabana Apartments - 1725 Lilac Drive North
Cornerstone Creek Apartments - 9280 Golden Valley Road
Crosswoods Apartments - 5601 Glenwood Avenue
Dover Hill - 2400 Rhode Island Avenue North
Duluth Street Flats - 6150 St. Croix Avenue North
Flourish Apartments - 9000 Golden Valley Road
Golden Valley Road Apartments - 6200 Golden Valley Road
Golden Valley Townhomes - 2120 Douglas Drive
Golden Valley Townhomes - 3354 Lilac Drive
Hello Apartments - 9201 Golden Valley Road
Herbeck Triplex - 1510 Kelly Drive
Laurel at West End Apartments - 5610 Laurel Avenue
Liberty Crossing Apartments - 2450 Winnetka Avenue North
Mallard Creek Apartments - 8300/8400 Golden Valley Road
Medley Park Townhomes - 2343/2350/2389/2391 Mendelssohn Lane
Rutter 4-Plex - 2425 Mendelssohn Lane
Southwirth Apartments - 501 Theodore Wirth Parkway
Talo Apartments - 5100 Wayzata Boulevard
29
The Laurel Apartments - 250 Turners Crossroad South
Trentwood Apartments - 9110/9140/9200/9210/9240 Golden Valley Road
Valley Creek West Apartments - 1370 Douglas Drive
Valley Square Commons - 749 Winnetka Avenue North
Valley View Apartments - 6533/6535/6537/6539/6541/6543 Golden Valley Road
Valley Village Apartments - 600 Lilac Drive North
West End Apartments - 241/251/261/271 Yosemite Circle
West End Trails - 1400/1450/1500/1600 Douglas Drive
Xenia Apartments - 770 Xenia Avenue South
Legal Considerations
The rental license application is in a form approved by the City Attorney.
Equity Considerations
The STAR Program (part of the multi-family rental licensing program) advances the City's goals and
commitment to fair housing by preserving and promoting economically diverse multifamily rental
housing options in our community by assisting property owners and managers in maintaining high
quality multifamily rental housing in Golden Valley for households with a variety of income levels,
ages, and sizes.
Recommended Action
Motion to authorize the renewal of multi-family rental licenses for the period of March 1, 2023
through February 28, 2024.
30
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3D.1. Appointments to Various Commissions
Prepared By
Tara Olmo, Executive Assistant
Summary
During the special meeting held Tuesday, February 14th, Council held interviews for the Open Space
and Recreation Commission, Diversity, Equity, and Inclusion Commission, and Planning Commission.
There were also additional candidates considered during their discussion of appointments. These
candidates were interviewed on previous dates. The considerations were as follows:
DEIC: 3 applicants
OSRC: 3 applicants
Planning: 2 applicants
Legal Considerations
N/A
Equity Considerations
N/A
Recommended Action
Motion to appoint Scott Seys to the Open Space and Recreation Commission, Imara Hixon to the
Diversity, Equity, and Inclusion Commission, and Pamela Wandzel to the Planning Commission.
31
REGULAR MEETING MINUTES
Remote Attendance:Members of the public may attend this meeting via Webex by calling 1-415-655-
0001 and entering access code 1773 93 4642.
Questions/Comments: Members of the public who have questions about the commission or any
items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental
Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084.
1. Call to Order
The meeting was called to order by Co-Chair Hansen at 6:30 pm.
2. Land Acknowledgement
3. Roll Call
Commissioners present:Shannon Hansen, Tonia Galonska, Dawn Hill, Jim Stremel, Scott Seys
Commissioners absent:Wendy Weirich, Debra Yahle, Kenna Brandt, Rachel Zuraff
Council Members present: Kimberly Sanberg
Staff present: Eric Eckman, Environmental Resources Supervisor;
Ethan Kehrberg, Sustainability Specialist;
Carrie Nelson, Engineering Assistant.
4. Approval of Agenda
MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the agenda for
November 28, 2022 and the motion carried.
5. Approval of October 24, 2022 Regular Meeting Minutes
MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve the minutes of October
24, 2022 as submitted and the motion carried.
6. Old Business
A.Environmental Justice Collaboration
MOTION by Commissioner Seys, seconded by Commissioner Galonska to approve the
Environmental Justice Prioritization Map and the motion carried.
7. New Business
A.Organics and Recycling Program Update
i. Can we do a targeted mailing to homes without carts?
ii. Possibly do a targeted mailing to areas with low participation rates?
November 28, 2022 –6:30 pm
32
City of Golden Valley Environmental Commission Regular Meeting
November 28, 2022 – 6:30 pm
2
iii. Letters to residents and tags on the bins of residents with contamination in their bins
seemed to work. There weren’t any repeat offenders.
iv. 4-week Traditional Recycling participation study:
1. 1,510 tons of material recycled.
2. 97% of eligible households put their cart out at least once. This is a 2% increase
from last year.
3. About 90% of households put their cart out on each service week.
v. 4-week Organics Recycling study:
1. 45% of eligible households put their bin out at least once.
2. 29% of households put their bin out each week.
3. GV recycled 363 tons of organic waste in 2022.
1. Are we able to get numbers from waste haulers to see if the tonnage
numbers decreased when the organics program started?
2. Did residents request smaller garbage bins?
vi. Staff is currently working with Brookview and their kitchen staff to make organics
recycling easier.
vii. The City website is getting updated with new information about organics and the
program.
viii. Staff is working with Republic to develop a new, updated education tag the driver can
leave on bins with contamination.
ix. Currently there aren’t any multi-family properties in GV collecting organics. Hennepin
County doesn’t require properties with more than four units to offer it.
x. 25 tons of materials were dropped off from 621 vehicles during this year’s Mighty Tidy
Day at Brookview.
1. 2021 had 27 tons.
2. 2020 had 26.5 tons.
B.Energy Update
i. On September 29, 2022, two experts from the Retiree Environmental Technical
Assistance Program (RETAP) did an Energy and Natural Gas Use Assessment at City Hall.
Their recommendations include:
1. Replace original Boiler – City is replacing in 2023. This doesn’t include all the duct
work. The City did hire a consultant to design a new system.
2. De-Lamp 3-bulb fixtures
3. Install saver’s switches on 7 rooftop units.
4. Use new Energy Management System (EMS) to program thermostats for both
occupied and unoccupied spaces.
5. Look at adding natural gas heating to one of the carrier roof top units (RTU) to
eliminate individual space heater usage.
1. Staff doesn’t think this is feasible with the current RTUs. Replacing them
would be too costly.
6. Install insulation blanket on hot water heater and insulate adjacent water pipes.
1. This has already been done!
33
City of Golden Valley Environmental Commission Regular Meeting
November 28, 2022 – 6:30 pm
3
ii. Staff presented at a Golden Valley Business Council meeting to discuss energy efficiency
and savings opportunities. Staff encouraged businesses to sign up for an energy
assessment and apply to be an “Energy Hero.”
iii. Home Energy Squad
1. Staff will be presenting at a Rotary Club meeting in early 2023.
2. Staff offered free Home Energy Squad (HES) visits to residents who attended
Sustainability Day at the Market in the Valley. Also, they were offered to the first
50 residents who contact Ethan after reading about it in the
November/December City Newsletter.
3. Staff is also doing a targeted mailing of postcards to 2,000 of the oldest homes in
Golden Valley in early 2023.
iv. Partners in Energy
1. Staff will be looking at an informal arrangement with the PIE Team to continue to
get feedback and ideas.
2. Staff will continue to get annual progress reports from CPE and will work with
Communications to get this info to the community.
3. Ethan will start to work more with businesses.
C.2023 Calendar
MOTION by Commissioner Stremel, seconded by Commissioner Galonska to approve the 2023
Environmental Commission meeting dates as submitted below and the motion carried.
January 23, 2023
February 27, 2023
March 27, 2023
April 24, 2023
May 22, 2023
June 26, 2022
July 24, 2023
August 28, 2023
September 18
October 23, 2023
November 27, 2023
December 18, 2023
D.Program/Project Updates
i. Staff may be looking for input from the EC in the next few months about off-street
parking. It’s not anti-street parking, it’s about having enough off-street parking for
facility use.
E.Council Updates
i. The Council approved Accessory Dwelling Units.
ii. The Council approved some single family/duplex style Affordable Housing on MnDOT
forfeited land.
34
City of Golden Valley Environmental Commission Regular Meeting
November 28, 2022 – 6:30 pm
4
iii. DEI Building and Equitable Golden Valley forum being held on Thursday, Dec 1, 6:00 at
Brookview in the Bassett Creek North Room.
F.Other Business
i. None
8. Adjournment
MOTION by Commissioner Stremel, seconded by Commissioner Galonska to adjourn the meeting at 7:58
pm and the motion carried.
ATTEST:
_______________________________________________________________________
Carrie Nelson, Administrative Assistant Wendy Weirich, Chair
35
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3E.1. Approve Contract for City Hall Boiler Replacement Project with Uhl Company, Inc.
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Superintendent
Summary
City Hall was initially constructed in 1957 with several additions and remodels occurring since then.
The original steam boiler that provides heat is at end of life and needs to be replaced. Obsolete
equipment and devices will also be replaced, including existing pneumatic controls, thermostats, and
compressors.
The existing steam boiler will be replaced with two hot water boilers which are fifteen percent more
efficient. Additionally, the HVAC system will be automated so heating and cooling components are
connected to each other creating further efficiencies.
Staff received four sealed bids for the project. The results are as follows:
Burnn Boiler & Mechanical $468,000.00
Cool Air Mechanical, Inc. $776,700.00
Northern Air Corporation $589,970.00
Uhl Company, Inc. $444,845.00
Financial or Budget Considerations
The 2023-2032 Buildings Capital Improvement Program (CIP) includes $450,000 in 2023 for the City
Hall Boiler Replacement (B-043). The city is under contract for consulting services in the amount of
$40,000. Additional funding for the project will come from reducing other line items in the CIP.
Legal Considerations
The proposed project will be completed using the competitive low bid process.
Equity Considerations
Replacing the existing boiler will efficiently provide heat improving overall comfort for all people at
City Hall while reducing operational costs and repairs.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for City Hall Boiler
36
Replacement Project with Uhl Company, Inc. in the form approved by the City Attorney.
Supporting Documents
Contract for City Hall Boiler Replacement Project with Uhl Company, Inc.
37
FC - 1
CONTRACT FOR CITY HALL 2023 BOILER REPLACEMENT
PROJECT NO. 22-16
THIS AGREEMENT (this “Agreement”), entered into the 21st 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 Uhl Company Inc., 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
the City Hall 2023 Boiler Replacement (22-16) (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.
38
FC - 2
ARTICLE 3. Contract Price.The City shall pay the Contractor the Contract Price in
current funds for the Contractor’s performance of the Contract. The Contract Price shall
be $444,845.00, 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 $444,845.00
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 Uhl Company Inc., and the City does not assume and shall not have any
responsibility for the allocation of payments or obligations of the Contractor to third
parties.
ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without
liability, to cancel the award of the Contract at any time before the execution of the
Contract by all parties.
ARTICLE 9. Special Assessment Contingency. The City’s obligation under this
contract is contingent upon the availability of appropriated funds, including funds
derived from special assessments, from which payment for contract purposes can be
made. The City shall not be legally liable for any payment under this Agreement unless
the special assessment appeal period under Minn. Stat. § 429.081 has passed and no
appeals have been received.
ARTICLE 10. Termination.The City may by written notice terminate the Contract, or
any portion thereof, when (1) it is deemed in the best public, state or national interest to
do so; (2) the Special Assessment contingency has not been met; (3) the City is unable
to adequately fund payment for the Contract because of changes in state fiscal policy,
regulations or law; or (4) after finding that, for reasons beyond Contractor’s control,
39
FC - 3
Contractor is prevented from proceeding with or completing the Work within a
reasonable time.
In the event that any Work is terminated under the provisions hereof, all completed
items or units of Work will be paid for at Contract Bid Prices. Payment for partially
completed items or units of Work will be made in accordance with the Contract
Documents.
Termination of the Contract or any portion thereof shall not relieve Contractor of
responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their
obligations for and concerning any just claims arising out of the Work.
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
UHL COMPANY, INC.
BY
Tim Ley, President
40
EXECUTIVE SUMMARY
Parks & Recreation
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3E.2. Authorize the Mayor and City Manager to execute a construction services agreement with
Versacon, Inc. in a form approved by the City Attorney for the 2023 Wesley Park Shelter Building
Improvement Project
Prepared By
Sheila VanSloun, Parks & Recreation Administrative Assistant
Rick Birno, Director of Parks and Recreation
Summary
A request for proposal bids was advertised on January 11, 2023 for recommended improvements at
the Wesley Park shelter building. Improvements include window replacements and additions, flooring
replacement, ADA doorway improvements, internal and external door replacements, ADA bathroom
improvements, electrical and technology improvements, LED lighting, building access transitions and
fountain replacement. A pre-bid meeting was held onsite on January 24, 2023 and three bids were
submitted on February 9th, 2023. Versacon, Inc. was the low bid and is the contractor recommended
by design consultant and staff. A bid summary is included in the packet.
Financial or Budget Considerations
Funds have been budgeted in the 2022 and 2023 Golden Valley Buildings CIP budget for the park
shelter improvements.
Legal Considerations
The contract is a Golden Valley professional services agreement in a form approved by the City
Attorney.
Equity Considerations
Providing unbiased programs and services through infrastructure that supports and advances diversity,
equity, and inclusion in all Golden Valley parks.
Recommended Action
Motion to authorize the Mayor and City Manager to execute a construction services agreement with
Versacon, Inc. in a form approved by the City Attorney for the 2023 Wesley Park Shelter Building
Improvement Project in the amount of $218,000.
Supporting Documents
2-9-23 Bid Recommendation Golden Valley Wesley Remodel (20212)
41
2-9-23 Wesley Bid Summary (20212)
2023 Wesley Park Shelter Improvement Agreement
42
5775 Wayzata Boulevard, Suite 700, Saint Louis Park, MN 55416
(651) 964.4646 | www.quetica.com
February 9, 2023
Mr. Rick Birno
Parks & Recreation Director
City of Golden Valley
316 Brookview Parkway South
Golden Valley, MN 55426
Re: City of Golden Valley
Wesley Park Shelter 2023 Remodeling
Quetica Project No. 20212
City Project No. 22-19
Dear Mr. Birno:
Quetica, LLC reviewed the City of Golden – Wesley Park Shelter 2023 Remodeling project work scope with
Nolan Peterson of Versacon, Inc. and there were no questions. Versacon, Inc. will directly perform some
of the work but will subcontract much of the work including the masonry work, plumbing work, and
electrical work. Versacon, Inc. attended the pre-bid meeting on January 24, 2023 and indicated that they
fully understand the scope of work and that they will be ready to start work in as in the tentative schedule.
The work schedule will be discussed in the preconstruction meeting.
Versacon, Inc. is based in Minneapolis, Minnesota. Quetica, LLC has not previously worked with Versacon,
Inc. Based on the review of project work scope with Versacon, Inc. and the fact that they are the low
bidder we recommend awarding the project to them.
Quetica, LLC recommends that the base bid cost of $218,000.00 for the City of Golden Valley – Wesley
Park Shelter 2023 Remodeling project be accepted from Versacon, Inc.
Please call (651) 964-4646 x866 with any questions, comments.
Sincerely,
QUETICA, LLC
Denny Langer, P.E.
Sr. Engineer
43
5775 Wayzata Boulevard, Suite 700, Saint Louis Park, MN 55416
(651) 964.4646 | www.quetica.com
engineering | financial services | payments | government | transportation | healthcare
CITY OF GOLDEN VALLEY
WESLEY PARK SHELTER 2023 REMODELING
QUETICA PROJECT NO. 20212
GOLDEN VALLEY PROJECT NO. 22-19
Bid Due Date: Thursday, February 9, 2023
Time: 11:00 AM
RECAP OF BIDS
CONTRACTOR BASE BID
Affidavit of
Non-Collusion
Acceptance of
Liquidated
Damage Rate
Employment
Certificate of
Compliance
Responsible
Contractor
Certification
Notes
Ebert Construction
$267,300.00 Yes Yes Yes Yes Attended Pre-
Bid and Bid
Opening Mtg.
TMG Construction,
Inc.
$234,988.00 Yes Yes Yes Yes Attended Pre-
Bid and Bid
Opening Mtg
Versacon, Inc.
$218,000.00 Yes Yes Yes Yes Attended Pre-
Bid and Bid
Opening Mtg
44
PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION SERVICES – Wesley Park Shelter Building Improvement Project
THIS AGREEMENT is made February 21, 2023 by and between Versacon, Inc. a Minnesota corporation with its
principal office located at 9443 Science Center Drive, Minneapolis, MN 55428 (“Contractor”), and the City of Golden
Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427
(the “City”):
RECITALS
A. Contractor is engaged in the business of providing construction services.
B. The City desires to hire Contractor to provide professional services for the Wesley Park Shelter Improvement
Project to the extent and kind defined in attached RFP.
C. Contractor represents that it has the professional expertise and capabilities to provide the City with the
requested services.
D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor 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 Contractor
agree as follows:
AGREEMENT
1.Services.Contractor agrees to provide the City with the services as described in the attached RFP (the
“Services”). RFP attachment A and B shall be incorporated into this Agreement by reference. All Services shall be
provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing
similar services.
2.Time for Completion.The Services shall be completed on or before December, 15, 2023, provided that the
parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and
effect commencing from the effective date and continuing until the completion of the project, unless terminated by
the City or amended pursuant to the Agreement.
3.Consideration.The City shall pay Contractor for the Services according to the terms on the attached in the
RFP. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor
in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City
shall pay Contractor within thirty (35) days after Contractor’s statements are submitted.
4.City’s Responsibilities. The City shall:
a. Provide Contractor with all information, plans, drawings, surveys, reports, documentation, and
professional recommendations requested by Contractor to provide its professional services. Contractor
shall rely solely on the accuracy and completeness of these items.
b. Advise Contractor of any known or suspected contaminants at the project site. City shall be
solely responsible for all subsurface soil conditions unless otherwise agreed to in writing.
45
c. Obtain and pay for all necessary permits from authorities having jurisdiction over the project. Contractor
may assist City with this obligation by assisting in completing and submitting appropriate paperwork and
forms to governing authorities.
d. Provide the items described in this Agreement and render decisions in a timely manner so as not to delay
the orderly and sequential progress of Contractor’s services.
5.Termination.Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated
as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing
thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or
d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance
required by this Agreement.
In the event of a termination, the City shall pay Contractor for 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 Contractor, 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 Contractor’s
breach.
9.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books,
records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or
transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six
years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this
obligation will survive the completion or termination of this Agreement.
10.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or
assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents,
volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or
character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not
limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance
resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees,
representatives, or employees) performance of the duties required by or arising from this Agreement, or caused
in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of
Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the completion
or termination of this Agreement.
11.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor
agrees that before any work related to the approved project can be performed, Contractor shall maintain at a
minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto
Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than
$1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per
46
occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property
damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements,
Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current
certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured
with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as
required by the contract.The umbrella or excess liability policy follows form on all underlying coverages.” Such
certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of
insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written
notice in the case of non-payment.
12.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 the Agreement without the written
consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent 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 Exhibits A and B, the terms of Exhibit B shall
prevail.
47
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 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 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 Productsand 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 consultant 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 the Americans with Disabilities Act as amended (“ADA”), section 504 of the
Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. 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.
48
24.AuthorizedAgents.The City’s authorized agent for purposes of administration of this contract is Al Lundstrom,
the Parks Superintendent for the City, or designee. Consultant’s authorized agent for purposes of administration of
this contract is Denny Langer, or designee who shall perform or supervise the performance of all Services.
25.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally
delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested,
addressed to:
CONTRACTOR THE CITY
Charles Zierhut, President
Versacon, Inc.
9443 Science Center Drive
Minneapolis, MN 55428
Al Lundstrom, Parks Superintendent
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
alundstrom@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance with this
provision.
26.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of
any other provisions or any other or further breach, and no such waiver shall be effective unless made in
writing and signed by an authorized representative of the party to be charged with such a waiver.
27.Headings.The headings contained in this Agreement have been inserted for convenience of reference
only and shall in no way define, limit or affect the scope and intent of this Agreement.
28.Payment of Subcontractors.Consultant agrees that it must pay any subcontractor within 10 days of
the prime contractor’s receipt of payment from the City for undisputed Services provided by the
subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month orany 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.
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.
49
32.Counterparts and Electronic Signatures.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.
[Remainder of page left blank intentionally. Signature page follows.]
50
IN WITNESS WHEREOF,the City and Consultant have caused this Construction Services Agreement to be executed by
their duly authorized representatives in duplicate on the respective dates indicated below.
CONTRACTOR NAME:VERSACON,INC.CITY OF GOLDEN VALLEY:
By: _________________________________
Name: Charles Ziehut
Title: President
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
51
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3F.1. Approve Resolution No. 23-010 Supporting Submittal of Application to Minnesota Pollution
Control Agency for Minnesota GreenCorps Host Site
Prepared By
Drew Chirpich, Water and Natural Resource Specialist
Eric Eckman, Environmental Resources Supervisor
Summary
Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota
GreenCorps is to preserve and protect Minnesota's environment while training a new generation of
environmental professionals. The program places members with host sites around the state to assist
communities and local governments in addressing a variety of statewide needs. For the 2023-2024
program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up
to 47 full-time GreenCorps members throughout Minnesota. More information is available at:
https://www.pca.state.mn.us/waste/mn-greencorps-host-sites.
The City has been successful applying for GreenCorps members in the past. A GreenCorps member
worked at City Hall from September 2016 to August 2017 and focused on GreenStep Cities initiatives,
developing the City’s Resilience & Sustainability Plan, and implementing the City’s Natural Resources
Management Plan. The City also hosted GreenCorps Members for the 2019-2020, 2020-2021, 2021-
2022 and 2022-2023 terms. Members worked on the City’s recycling and organics programs, and
energy efficiency and emissions reductions respectively.
If selected by MPCA, the GreenCorps member would work on a full-time basis from September 2023
to August 2024. The GreenCorps member would assist the City with implementing its Energy Action
Plan with an emphasis on equity and addressing energy cost burden, its Equity Plan by identifying and
addressing climate impacts and inequities in trees and green infrastructure, and engaging multifamily
units in energy efficiency and recycling opportunities as well as other sustainability initiatives.
If the City is selected is selected as a host site, the City is required to provide in-kind support in the
form of staff supervision, office materials, mileage reimbursement or use of a city vehicle, safety gear,
and training as needed. Staff is confident that the City has the capacity and staff experience to provide
the required in-kind support. A resolution of support from City Council is required as part of the
application process.
Financial or Budget Considerations
52
The City is required to provide a training budget of at least $300 for the member. Funds are available
in 7303.6411 for this budget.
Legal Considerations
The resolution has been 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 Resolution No. 23-010 Supporting Submittal of Application to Minnesota Pollution
Control Agency for Minnesota GreenCorps Host Site.
Supporting Documents
Resolution No. 23-010 Supporting GreenCorp Host Site
53
RESOLUTION NO. 23-010
RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
TO MINNESOTA POLLUTION CONTROL AGENCY
FOR MINNESOTA GREENCORPS HOST SITE
WHEREAS, the City of Golden Valley is eligible to apply for the placement of one
Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program
year (September 2023-August 2024);and
WHEREAS, the selected candidate would work with staff, the Environmental
Commission, and the community to implement the Energy Action Plan,GreenStep Cities
program,and Equity Plan addressing inequities with respect to trees and green
infrastructure;and
WHEREAS, the selected candidate would focus on assisting the City with its energy
consumption and efficiency goals,objectives,and implementation actions;and
WHEREAS, staff has reviewed all terms and conditions of this funding opportunity
and finds them to be satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the
Council is supportive of staff's submittal of an application to the Minnesota Pollution Control
Agency for the placement of one Minnesota GreenCorps member at City Hall from
September 2023 to August 2024.
Adopted by the City Council of Golden Valley,Minnesota this 21stst day of February 2023.
__________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________
Theresa Schyma, City Clerk
54
EXECUTIVE SUMMARY
Communications
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3F.2. Approve Resolution No. 23-011 Accepting the In-Kind Donation of $2,191.50 from Stan
Waldhauser Photography
Prepared By
Cheryl Weiler, Communications Director
Sue Virnig, Finance Director
Summary
The attached resolution is for acceptance of donations received for photography services from Feb 16,
2022, through Dec 31, 2022. The total for in-kind donations from Stan Waldhauser Photography is
$2,191.50. (A separate resolution for photography services from Jan 1, 2022 through Feb 15, 2022, for
$1,045, was submitted Feb 15, 2022.)
Legal Considerations
This item did not require legal review.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to adopt Resolution No. 23-011 Accepting the In-Kind Donation of $2,191.50 from Stan
Waldhauser Photography.
Supporting Documents
Resolution No. 23-011 for In-Kind Photography Donation
Stan Waldhauser Donated Photography Services 2022
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RESOLUTION NO. 23-011
RESOLUTION ACCEPTING THE IN-KIND DONATION OF $2,191.50 FROM STAN
WALDHAUSER PHOTOGRAPY
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be accepted
by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash
or in-kind donation must be acknowledged and accepted by motion with a simple majority, and
WHEREAS, the donation of professional photography services makes it possible for the
City to more completely portray community life in City publications and productions.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following in-kind
donations on behalf of its citizens:
18.5 hours of photography and post-production
4 8x10 prints of City Council members for display in City Hall
4 memory sticks
Total: $2,191.50
Adopted by the City Council of Golden Valley, Minnesota this 21stday of February 2023.
Shepard M. Harris, Mayor
ATTEST:
_______________________
Theresa Schyma, City Clerk
56
GV Photo Projects 2022
Photo Photo Photo Post-Production Post-Production Post-Production Total
Date Event Hours Rate Value Hours Rate Value Expenses Value Description of expenses
2022-02-16 Council portraits 150.00 0.00 75.00 22.00 22.00 4(8x10) prints
2022-05-05 Bike Rodeo 2 150.00 300.00 2 75.00 150.00 8.00 458.00 Memory stick
2022-06-16 Electric Vehicles 1 150.00 150.00 1 75.00 75.00 225.00
2022-06-17 Water Day 1.5 150.00 225.00 1.5 75.00 112.50 337.50
2022-06-18 Mini U.S. Open 2.5 150.00 375.00 1.5 75.00 112.50 8.00 495.50 Memory stick
2022-07-11 Ice Cream Social 1 150.00 150.00 1 75.00 75.00 8.00 233.00 Memory stick
2022-08-14 Greens Classic 2 150.00 300.00 1.5 75.00 112.50 8.00 420.50 GVHSC, memory stick
TOTAL 2191.50
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EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
February 21, 2023
Agenda Item
3F.3. Approve Resolution No. 23-012 Accepting a Donation for the GVPD Shop with a Cop outreach
Event From James and Kathleen Johnson and the Golden Valley Crime Prevention Fund and a Donation
for 2022 GVPD Awards Ceremony From the Golden Valley Crime Prevention Fund
Prepared By
Kaitlin Undersander, Crime Analyst/Community Outreach Supervisor
Alice White, Assistant Police Chief
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City
Council by resolution and be approved by a two-thirds majority of the Council. All donations and
grants must be acknowledged and accepted by motion with a simple majority.
Legal Considerations
This item did not require legal review.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to adopt Resolution No. 23-012 accepting donations for the GVPD Shop with a Cop outreach
event and the 2022 GVPD awards ceremony.
Supporting Documents
Resolution No. 23-012 accepting donations for the GVPD Shop with a Cop outreach event and
the 2022 GVPD awards ceremony
58
RESOLUTION NO. 23-012
RESOLUTION ACCEPTING THE DONATION OF $200 FROM JAMES & KATHLEEN
JOHNSON FOR THE SHOP WITH A COP OUTREACH EVENT AND $1,757.34 FROM THE
GOLDEN VALLEY CRIME PREVENTION FUND FOR THE SHOP WITH A COP OUTREACH
EVENT AND $500.00 FROM THE GOLDEN VALLEY CRIME PREVENTION FUND FOR THE
2022 GVPD AWARDS CEREMONY
WHEREAS,the City Council adopted Resolution 04-20 on March 16, 2004, which
established a policy for the receipt of gifts; and
WHEREAS,the Resolution states that a gift of real or personal property must be accepted
by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash
donation must be acknowledged and accepted by motion with a simple majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations
on behalf of its citizens:
$200 donation from James and Kathleen Johnson and $1,757.34 donation from the
Golden Valley Crime Prevention Fund for the Shop with the Cop Outreach Event.
$500.00 donation from the Golden Valley Crime Prevention Fund for the 2022 GVPD
awards ceremony.
Adopted by the City Council of Golden Valley, Minnesota this 21st day of February 2023.
_________________________________
Shepard M. Harris, Mayor
ATTEST:
_______________________
Theresa Schyma, City Clerk
59
Review of Council Calendar
Event Event Time Location
FEBRUARY
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
Bassett Creek Watershed Open House 4:00 PM - 7:00 PM Golden Valley Library, 830
Winnetka Ave N
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
Special City Council Meeting with Closed Executive Session
(tentative)5:45 PM Manager's Conference Room
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
Golden Valley Rotary Club's 50th Anniversary Celebration 5:30 PM - 7:30 PM Brookview
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
APRIL
Tuesday, April 4
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, April 11
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, April 18
City Council Meeting 6:30 PM Hybrid - Council Chambers
60