02-21-17 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
February 21, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting February 7, 2017 3-5
B.Approval of City Check Register 6
C.Licenses:
1. General Business License 7
2. Therapeutic Massage Facility License - Pucon Massage 8
D.Minutes:
1. Planning Commission - January 23, 2017 9-12
2. Board of Zoning Appeals - December 27, 2016 13-19
3. Environmental Commission - November 28, 2016 20-22
4. Human Services Fund - October 10, 2016 23-24
5. Joint Meeting of the Board of Zoning Appeals, Human Services Fund,
Environmental Commission, Human Rights Commission, Open Space and
Recreation Commission and Planning Commission - January 23, 2017
25
6. Joint Water Commission - December 7, 2016 26-27
E.Bids and Quotes:
1. Approve Purchase of Utility Tractor with Loader 28
2. Approve Purchase two Ford SUV interceptor vehicles; one Fire Department and
one Police Department
29-30
3. Approve Purchase of Ford F250 Pickup, Utility Box and Snow Plow 31
4. Approve Purchase of Fairway Mower for Brookview Golf Course 32
F.Approval of Proposed Application for 2017 Community Development Block Grant
Program Funds for West Hennepin Affordable Housing Land Trust 17-12
33-55
G.Renaming Six Election Precincts in the City 17-13 56-58
H.Authorize Agreements to Upgrade the City’s Asset Management Software 59-91
I.Authorization to Sign Agreement with Sojourner Project Inc. for Domestic Assault
Intervention Services
92-95
J.Authorize Contract for Professional Services with Prairie Restorations, Inc. for
Restoration and Maintenance of Native Plant Communities
96-107
K.Approval of Golden Valley Fire Relief Association By-Law Changes 17-14 108-110
L.Authorize Contract Extension for 2017 Spring Brush Pickup Program 111-113
M.Rejections of Bids for the 2017 Pavement Management Project 114
N.Authorize Letter of Support Habitat for Humanity 115-116
O.Approval of Additional Meetings for Council Reimbursement 117
4.PUBLIC HEARINGS
5.OLD BUSINESS
6.NEW BUSINESS
A.Authorize Support of a Cooperative Project Agreement For DeCola Ponds and
Medicine Lake Road Area Flood Mitigation Measure 17-15
118-120
B.First Consideration - Ordinance #618 - Amendment of Salaries of Mayor and Council
Members
121-123
C.Announcement of Meetings
1. Future Draft Agendas: City Council March 7, 2017, Council/Manager March 14,
2017 and City Council March 21, 2017
124-126
D.Mayor and Council Communications
7.ADJOURNMENT
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
February 7, 2017
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope
and Steve Schmidgall. Also present were: City Manager Cruikshank and City Clerk Luedke.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve
the agenda of February 7, 2017, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Snope to approve
the consent agenda of February 7, 2017, as submitted and the motion carried.
3A.Approve Minutes of the City Council Meeting of January 17, 2017.
3B. Approve City Check Register and authorize the payment of the bills as submitted.
3C1.Authorize the Renewal of Multi-Family Rental Licenses as recommended by staff.
3C2.Approve the issuance of an Off-Sale Intoxicating Liquor License through June 30, 2017,
to Cedar Lake Wine Company Inc. dba Cedar Lake Wine Company located at 7702
Olson Memorial Highway.
3C3.Receive and file the gambling license exemption and approve the waiver of notice
requirement for Youth Performance Company.
3C4.Receive and file the gambling license exemption and approve the waiver of notice
requirement for School of Engineering and Arts PTA.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Board of Zoning Appeals - November 22, 2016
2. Open Space and Recreation Commission - November 28, 2016
3. Human Services Fund - September 12, 2016
4. Bassett Creek Watershed Management Commission - December 15, 2016
3E1.Approve purchase of 2017 Model M320F Rubber Tire Excavator from Ziegler Cat in
the amount of $227,700.
3E2.Approve purchase of 490 Galaxy Radio Transmitter RTR Modules from Metering
Technology and Solutions for a cost of $98,980.
3E3.Approve purchase of 2017 Elgin Pelican Street Sweeper from MacQueen Equipment in
the amount of $201,042.
3E4.Approve the purchase of Green/Tee Mower from MTI Distributing through the National
IPA Contract #1039780 for a total purchase price, including Minnesota sales tax, in the
amount of $31,625.38.
3E5.Approve the purchase and delivery of six new safety compliant ball field bleachers from
Minnesota/Wisconsin Playground for Isaacson Park for a total purchase price of
$23,322.
3E6.Approve the purchase of the Musco LED Lighting System for $109,700 through the
NJPA contract #082114-MSL for ball field #2 at Isaacson Park.
Unofficial City Council Minutes -2- February 7, 2017
3. APPROVAL OF CONSENT AGENDA - continued
3F.Adopt Resolution 17-07, supporting Application by PRISM to Hennepin County for
Community Development Block Grant Funding.
3G.Adopt Resolution 17-08,supporting Application by West Hennepin Affordable Housing
Land Trust to Hennepin County for HOME and Affordable Housing Incentive Funding.
3H.Adopt Resolution 17-09,supporting Application by Senior Community Services to
Hennepin County for Community Development Block Grant Funding.
3I.Authorize the Mayor and City Manager to sign Agreement No: A166756 with Hennepin
County for athletic field improvements at Isaacson Park.
3J1.Adopt Resolution 17-10,Call for Public Hearing on Certain Proposed Public
Improvements, Highway 55 West Public Improvement Project #15-22 for March 7, 2017.
3J2.Call for Public Hearing for Certification of Special Assessments for March 7, 2017, at
6:30 pm and publish the required hearing notices.
3K.Authorize approval of State of Minnesota and City of Golden Valley and Hennepin
County Cooperative Construction Agreement for the intersection of Douglas Drive and
Trunk Highway 55, and Country Club Drive.
6. NEW BUSINESS
6A. State of the City Presentation
City Manager Cruikshank presented the State of the City update and answered questions from
Council. Council thanked Mr. Cruikshank for the State of the City presentation.
6B. Announcement of Meetings
Some Council Members may attend the League of Women Voters Presentation on February 8,
2017, at 6:30 pm at the New Hope City Hall.
Some Council Members may attend a tour of the Metro Council Treatment Plant on February
10, 2017, from 10 am to noon and 1 to 3 pm at the Metro Plant at 2400 Childs Road, St. Paul.
Some Council Members may attend the West Metro Home Remodeling Fair on February 12,
2017, from 10:30 am to 3 pm at the Eisenhower Community Center at 1001 Highway 7,
Hopkins.
The next Council/Manager meeting is February 14, 2017, at 6:30 pm.
Some Council Members may attend the Minnesota Transportation Alliance event on February
16, 2017, from 8:30 am to 4 pm at the Best Western Plus Capital at 161 St. Anthony Avenue,
St. Paul.
City Offices will be closed on February 20, 2017, in observance of President’s Day.
Some Council Members may attend the GARE - Advancing Racial Equity: Role of Government
Opportunities and Challenges on February 22, 2017, from 3 to 5 pm at the Minneapolis Central
Library at 300 Nicollet Mall, Minneapolis.
The State of the City Community Update will be held on February 23, 2017, at 7:30 am in the
Council Chambers.
Unofficial City Council Minutes -3- February 7, 2017
6C. Mayor and Council Communication
Mayor Harris thanked city staff for providing information regarding construction projects in the
City that he used while testifying on behalf of the League of Minnesota Cities and the City of
Golden Valley at the State Capital regarding sales tax exemption for cities on construction
equipment and materials.
Council Member Clausen said she appreciated the young people that presented at open forum
regarding bees and asked staff to send a thank you note to them. She said she was interested
in the information provided regarding accidents involving bees and the possible cost to cities.
Mayor Harris asked if the Fire Department included bee accidents in their emergency response
plan. City Manager Cruikshank said he would find out. Mr. Cruikshank stated that the
Environmental Commission will be presenting their annual update to the Council which will
include information about being a Green Step City, what the City has done and what the City
should be doing relating to the environment which should include information regarding bees.
7.ADJOURNMENT
MOTION made by Council Member Clausen, seconded by Council Member Snope and the
motion carried to adjourn the meeting at 7:06 pm.
_______________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
•Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Jill Lund, Administrative Assistant
Rick Hammerschmidt, Deputy Fire Chief
Summary
As per City Code, some retail sales are required to be licensed by the City. Listed below are the
Applicant, License Type and Fee of those who have submitted an application for approval.
Applicant License Type Fee
Menard’s Fireworks Sales $100.00
6800 Wayzata Boulevard
Recommended Action
Motion to authorize the issuance of the license as recommended by staff.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. C. 2. Therapeutic Massage Facility License - Pucon Massage
Prepared By
Jason Sturgis, Chief of Police
Jeff Johnson, Sergeant
Summary
Pucon Massage, located at 810 Lilac Drive North, Suite 104 has applied for a massage facility
license. Documents submitted by the applicant indicate that Pucon Massage is owned by
Margaret Selva of Minneapolis, Minnesota. Pucon Massage will be sub-leasing a room within the
Serenity Acupuncture LLC unit. Ms. Selva currently holds a Therapeutic Massage Certificate at
Massage Envy and will be working at both locations. A background investigation of Ms. Selva
including record checks been completed. The applicant meets City Code requirements for the
issuance of a massage facility license.
Recommended Action
Motion to approve the issuance of a Therapeutic Massage Facility License for Pucon Massage
located at 810 Lilac Drive North, Suite 104.
Regular Meeting of the
Golden Valley Planning Commission
January 23, 2017
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
January 23, 2017. Chair Segelbaum called the meeting to order at 7:08 pm.
Those present were Planning Commissioners Baker, Blenker, Johnson, Kluchka,
Segelbaum, and Waldhauser. Also present were Planning Manager Jason Zimmerman,
Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa
Wittman. Commissioner Blum was absent.
1. Approval of Minutes
November 14, 2016, Regular Planning Commission Meeting
Baker referred to the fifth paragraph on page five and stated that the word "they" in the
last sentence should be changed to "the City."
Waldhauser referred to the sixth paragraph on page five and stated that the word "they" in
the first sentence should be changed to "the Planning Commission."
Waldhauser referred to the discussion on page seven regarding outdoor storage in a side
or rear yard and questioned if the discussion was about "allowing" paved surfaces for
storage, or if it was about "requiring" storage to be located on a paved surface. The
consensus was to change the wording from "allowing" to "requiring."
Waldhauser referred to the third paragraph on page nine and stated that the word "not"
should be removed from the first sentence.
MOVED by Waldhauser, seconded by Baker and motion carried unanimously to approve
the November 14, 2016, minutes with the above noted corrections.
2. Discussion of 2016 Planning Commission Annual Report
Zimmerman presented the 2016 Planning Commission Annual Report. He discussed
some of the highlights in the report which include: the number of applications considered,
the number of Zoning Code text amendments reviewed, the number of staff led
discussions/presentations, planning applications by type, the number of planning
applications recommended for approval or denial, and some of the major projects
considered by the Commission.
Baker noted that the top three trends in the types of applications in the last five years
have been Conditional Use Permits (CUP), Planned Unit Developments (PUD), and
Subdivisions. Zimmerman noted that a number of the Subdivision proposals came after
the recession in 2014 which prompted the Subdivision Moratorium. He stated that Light
Industrial and Industrial uses have not been as hot as Commercial uses which has
Minutes of the Golden Valley Planning Commission
January 23, 2017
Page 2
prompted applicants to ask for Conditional Use Permits in the Light Industrial and
Industrial zoning districts.
Johnson questioned if it would be worth noting in the report the changes or impacts the
City has seen since the PUD section of the Zoning Code was amended. Kluchka agreed
that the information might be valuable to measure. Zimmerman stated that he could break
out the types of PUDs shown in the report.
Zimmerman showed the Commissioners several maps from the report which showed
where various types of planning applications were clustered. Baker said it might be
helpful to highlight the "clustered" areas and show how they relate to the Land Use Map.
Kluchka said there might be value in showing projects that have been approved and are
pending but haven't been built yet and it might be useful to provide a TIF status.
Zimmerman agreed.
Johnson asked if there has been any significant difference in City Council decisions
versus Planning Commission recommendations. Zimmerman said there weren't any
differences between the two in 2016.
Segelbaum discussed some of the messages the Planning Commission has sent to the
City Council regarding issues they've heard from residents during public hearings such as
the concerns about traffic with Central Park West and opinions about the use of the R-2
Zoning District.
Waldhauser referred to the duties of the Planning Commission shown in the report and
said she didn't realize the Planning Commission could conduct special studies at the
initiative of the Planning Commission and/or specific direction from the City Council. She
also referred to the duties regarding HRA projects and said it seems that the Planning
Commission has just been informed of HRA projects and has not really been reviewing
them. Segelbaum agreed that the language regarding the duties of the Planning
Commission could be clearer. Baker stated that the Comprehensive Plan update process
will be a good catalyst to the things the Planning Commission wants to address.
3. Discussion of 2016 Board of Zoning Appeals Annual Report
Goellner referred to the 2016 BZA Annual Report which summarizes the variances
requested in 2016 as well as variances over the past five years. She discussed some of
the highlights in the report which include: the total number of variances, variance
requests by type and area, and BZA decisions (approved, denied, or tabled requests).
Goellner referred to maps of the City and discussed some of the variances in particular
areas such as the Tyrol area which has challenging lot sizes and topography. She
discussed some of the trends and noted that there were no overwhelming increases in
the amount of variances in 2016 versus prior years. She added that side and front yard
variances and variances from the articulation requirement were the most popular
requests.
Minutes of the Golden Valley Planning Commission
January 23, 2017
Page 3
Baker said he would like to see the trends in the number of variances approved.
Goellner said that future annual reports will be enhanced to show more data and trends.
Waldhauser stated that reviewing the duties of the Board of Zoning Appeals was
helpful.
Segelbaum referred to front yard variance requests and stated that historically, the
Board of Zoning Appeals has been protective of front yards. He asked the
Commissioners if they feel that is still the case. Waldhauser said she thinks the Board
does a good job of protecting front yards and views. Johnson said he thinks the Board
has been consistent and has good group discussions. Kluchka agreed and said the
Board is very specific about considering practical difficulties when making their
decisions. Goellner added that staff tries to work with applicants and to make it clear to
them that they should try to exhaust all other options before applying for a variance.
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Zimmerman gave an update on the Douglas Drive reconstruction project and stated that
the project should be complete in the fall of 2017. He stated that the Cornerstone Creek
apartments are now open and that construction on the Hello apartments is still ongoing.
Kluchka asked about the Highway 55 slip ramp project schedule. Zimmerman stated that
the City has been working with MnDOT and that the project should begin in the spring or
early summer. Zimmerman gave an update on the Liberty Crossing project and the Talo
apartment project.
Johnson stated he was reviewing the state statute regarding comprehensive plans and
noted that the Planning Commission is supposed to approve the Plan but he did not see
that in the timeline Zimmerman gave to the Commissioners. Zimmerman explained that
there will be a series of checkpoints along the way, there will be a joint commission
meeting when a draft copy of the Plan is ready, the Plan will go to neighboring
communities for their review, and then it will come back to the Planning Commission for
approval before it goes to the City Council for final approval.
5. Other Business
• Council Liaison Report
Council Member Schmidgall gave an update of the Bicycle and Pedestrian Task Force
process. Zimmerman noted that the Task Force's work will be in the Transportation
chapter of the Comprehensive Plan. Goellner stated that it will also be on the
Comprehensive Plan page on the City's web site.
Schmidgall gave an update on the Brookview Community Center construction. He also
told the Commissioners about a group trying to organize a cross country skiing event
near Sweeney and Twin Lakes.
Minutes of the Golden Valley Planning Commission
January 23, 2017
Page 4
6. Adjournment
The meeting was adjourned at 8:16 pm.
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
December 27, 2016
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
December 27, 2016, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota.
Chair Perich called the meeting to order at 7 pm.
Those present were Members Maxwell, Nelson, Perich and Planning Commission
Representative Johnson. Also present were Associate Planner/Grant Writer Emily
Goellner and Administrative Assistant Lisa Wittman. Member Orenstein was absent.
I. Approval of Minutes — November 22, 2016, Regular Meeting
MOVED by Maxwell, seconded by Nelson and motion carried unanimously to approve the
November 22, 2016 minutes as submitted.
II. The Petition(s) are:
1350 Boone Avenue North (continued item)
Adrian Moy, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(c) Side Yard Setback Requirements
• .21 ft. off of the required 4 ft. to a distance of 3.79 ft. at its closest point to the
side yard (north) property line.
Purpose: To allow for the construction of a second story addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(c) Side Yard Setback Requirements
• .47 ft. off of the required 8 ft. to a distance of 7.53 ft. at its closest point to the
side yard (south) property line.
Purpose: To allow for the construction of a second story addition.
Goellner reminded the Board that this item was heard at the October Board of Zoning
Appeals meeting and tabled at the November Board of Zoning Appeals meeting. She
referred to the site plan and stated that a front yard variance was granted in October. She
explained that one of the original variance requests was to allow the side walls to be longer
than the allowed 32 feet without articulation. Since then, the applicant has changed his
plans and has added articulation to the proposed second story addition and is now
requesting variances from the side yard setback requirements instead. She noted that the
applicants have stated their unique circumstances are that there is a relatively small
buildable area on the property, they have a growing family and would like to stay in the
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2016
Page 2
same home and neighborhood, and that this proposed new plan meets the articulation
requirement.
Goellner discussed some alternatives which could include: waiving the articulation
requirement, reducing the side wall to 32 feet in length to avoid the articulation
requirement, or articulating the proposed second story walls inward rather than outward.
Maxwell stated that another unique circumstance is the fact that this is a very narrow lot
and the applicant can't do much else. Goellner agreed and stated that in this case the side
yard setback requirements and the articulation requirement are in conflict with each other
because of the size of the lot.
Adrian Moy, Applicant, explained the changes he has made to his plans and how those
changes meet the articulation requirement, but still require slight side yard setback
variances.
Perich asked Moy if he had considered articulating the walls inward. Moy said he did not.
Perich opened the public hearing. Hearing and seeing no one wishing to comment, Perich
closed the public hearing.
Maxwell said he likes this plan better than the applicant's original proposal. Perich agreed
and said he thinks the applicant considered everything the Board discussed at their
meeting in October. He added that the request is reasonable and meets the criteria used
when considering variance requests. Nelson agreed and added that the variances
requested are very minimal.
Johnson noted that all of the houses on this street are the same height and questioned if
allowing this home to be two stories in height would be altering the character of the locality.
Nelson clarified that the applicant is allowed to build a second story without a variance and
that the variances in this case are from other requirements, not height. Johnson agreed.
MOVED by Nelson, seconded by Maxwell and motion carried unanimously to approve the
following variance requests:
• .21 ft. off of the required 4 ft. to a distance of 3.79 ft. at its closest point to the side
yard (north) property line.
• .47 ft. off of the required 8 ft. to a distance of 7.53 ft. at its closest point to the side
yard (south) property line.
1509 Alpine Pass
James Rutherford, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Setback Requirements
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2016
Page 3
• 1.9 ft. off of the required 12.5 ft. to a distance of 10.6 ft. at its closest point to
the side yard (north) property line.
Purpose: To allow for the construction of a home addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Setback Requirements
• 2.6 ft. off of the required 35 ft. to a distance of 32.4 ft. at its closest point to
the front yard (east) property line.
Purpose: To allow for the construction of a home addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Setback Requirements
• 3.5 ft. off of the required 12.5 ft. to a distance of 9 ft. at its closest point to the
side yard (south) property line.
Purpose: To allow for the construction of a home addition.
Goellner explained the applicant's proposal to construct a garage and master
bedroom/bathroom addition on the north side of the existing home and a porch/office
addition on the south side of the existing home. She referred to the variances requested
and noted that upon the submittal of more detailed drawings it was determined that the
front yard variance request is not needed. It was also determined that the requested side
yard variances differ slightly as well due to a rounding error. The variance request for the
addition on the north side should be changed to 1.83 ft. off the required 12.5 ft. to a
distance of 10.67 ft. at its closest point to the north property line. The variance request for
the addition on the south side should be changed to 3.34 ft. off the required 12.5 ft. to a
distance of 9.16 ft. at its closest point to the south property line.
Goellner noted that the applicants have stated their unique circumstances include the
challenging topography, the relatively small lot with a limited buildable area and existing
patio and retaining walls, there is currently only a one-stall, tuck-under garage, and it is
difficult to renovate a 1940s home with its small rooms, ductwork, etc. She added that the
alternative would be to build smaller additions.
Maxwell asked if the applicant would need a variance in order to construct a standard size
second garage stall. Goellner said they would not need a variance to construct a typical 12-
foot wide garage stall.
Johnson asked Goellner if she has documentation from the applicant showing other
possibilities and why they would not work. Goellner said no.
Maxwell referred to the variance request on the south side of the property and asked if the
applicants are adding a new porch and turning the existing porch into an office. Goellner
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2016
Page 4
said yes. Nelson asked if a variance would be needed on the south side of the property no
matter what was built. Goellner said yes and explained that the existing porch is
approximately 10.5 ft. x 12 ft. in size and that the proposed new porch addition would be
would be 7 ft. x 12 ft. in size.
Maxwell asked if the existing oak tree on the north side of the property would be removed.
Goellner said yes, the oak tree and the existing steps would be removed for the new
garage addition.
James Rutherford, Applicant, stated that this is the first house they've bought. He said they
love the neighborhood and one of the first things they want to do is make this house a
place where they want to stay and raise a family. He stated that the size of the proposed
garage addition has to do partially with the size of the proposed living space above it. He
said the costs to make a smaller addition are practically the same as the size they are
proposing and they want to have enough space for there to be a nursery and an office. He
referred to the oak tree on the north side of the property and said it is part of the charm of
the property, but it is leaning and deteriorating and causing part of the foundation to crack.
He added that they want a two-stall garage and what they are proposing fits in with the
neighborhood. He gave the Board floorplans of the existing house, floorplans of the house
with the proposed additions, and emails from two neighbors expressing their support of the
proposal.
Perich asked Rutherford what other options he has considered that wouldn't need a
variance. Rutherford stated that the couple of extra feet he is asking for is to make the
master bedroom a more useful space. He said they have looked at other, smaller options
but that would be less desirable. Nelson noted that the proposed bedroom would be
approximately 14 ft. x 11 ft. which is not enormous.
Gary Rutherford, Representing the Applicant, stated that the trapezoid-shaped lot is
unique. He referred to the plans and explained where the existing beams are located, how
the center walls hold the duct work for the home, and the difficulties in finding alternate
ways to get heat to the second floor. He referred to the existing porch and stated that by
adding on to it and heating it they can make it a useful part of the house. He noted that the
size of the main floor without the porch is only 1,100 square feet and that only a small
portion of the proposed garage addition on the north side would be located in the setback
area.
Maxwell asked about adding on to the back of the house toward the rear property line.
Rutherford stated that the house is not square to any of the property lines and that the
variances requested are critical in making the proposed additions work. He reiterated that
this is not a big house and that even with the addition it would only be approximately 1,600
square feet. He said the goal is to make the house fit in with the neighborhood with a 21st
century home. He added that it will look essentially the same as it does now and if they
make the additions smaller it might not be worth it.
Johnson asked Rutherford if he considered keeping the proposed porch parallel with the
property line. Rutherford said that would mean cutting off the back corner of the porch. He
said it could be done, but it would look odd. He added that there is a lot of space between
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2016
Page 5
their house and the house to the south. James Rutherford added that his desk would fit
best in the addition they are proposing.
Johnson asked the applicants if they had considered placing the master bedroom addition
in the back of the house. Gary Rutherford said yes, and explained that it wouldn't work that
way with the plumbing and the beams. He added that there is also a steep hill in the back
yard and it would be clumsy to build the additions toward the back yard.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Johnson said he recalls considering variances for lots like this in the past. Nelson agreed
and stated that this neighborhood in particular has several lots that are oddly shaped with
topography issues.
Perich said he thinks the applicant's request meets the factors the Board uses when
considering variances. He said it is difficult to say that the need for the variances aren't
being caused by the landowner, but he understands that this is not an overly large house
and that the applicant isn't asking for huge variances. He stated that cutting off the corner
of the porch would look odd and he would be in favor of granting both variance requests.
Nelson agreed that this is not a very big house with big rooms and that the applicant's
request is very reasonable. She said this is a charming neighborhood but there are odd lot
sizes and shapes. She said she thinks the unique circumstance in this case is the size of
the lot and the placement of the house on the lot and that she is in favor of proposal.
Johnson said he understands the logic of the proposed additions, but he is inclined to vote
no because he doesn't know what the alternatives are and what the additions would look
like if they met the setback requirements. He agreed that he would not want a "trapezoidal-
shaped" office but he doesn't want to grant variances because the applicant has a good
plan when he doesn't know the alternatives. Nelson stated that the applicant has
considered other alternatives and has explained why they won't fit or won't work. Maxwell
agreed and stated that there are a lot of structural issues with this old home and that limits
what they can do. He said there are unique circumstances in this case and that just a small
sliver of the garage addition would be located in the setback area. Perich agreed that the
applicants have talked through many other options and that they have good reasons for the
variances they are asking for. He added that he would rather have a 1940s home brought
up to today's standards.
MOVED by Maxwell, seconded by Perich and motion carried 3 to 1 to approve the following
variance requests. Commissioner Johnson voted no.
• 1.83 ft. off of the required 12.5 ft. to a distance of 10.67 ft. at its closest point to the
side yard (north) property line to allow for the construction of a garage/master
bedroom addition.
• 3.34 ft. off of the required 12.5 ft. to a distance of 9.16 ft. at its closest point to the
side yard (south) property line to allow for the construction of a porch addition.
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2016
Page 6
8640 Winsdale Street North
Jay Isenberg, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(1) Front Yard Setback Requirements
• 11.4 ft. off of the required 35 ft. to a distance of 23.6 ft. at its closest point to
the front yard (south) property line.
Purpose: To allow for the construction of a garage.
Goellner referred to a photo of the property and explained the applicant's request to
replace the existing carport with an enclosed two-stall garage 24 ft. x 24 ft. in size. She
noted that the applicant has stated that the unique circumstances in this case include that
the existing house is built right at the 35-foot front setback line, and the existing carport is
only 12 feet deep rather than the typical depth of at least 20 feet for a garage. She noted
that the alternatives could include building a garage to the east of the existing carport,
extending a garage deeper into the footprint of the existing home, or building a garage on
the west side of the home and relocating the driveway.
Perich asked when the home was built. Goellner said she thinks it was built in the 1950s.
Johnson referred to the narrative submitted by the applicant and asked what a "sloping
interior wall" means. Jay Isenberg, Applicant, stated that the house was built in 1958. He
said there are a couple of other homes in the neighborhood that were built with carports
but he doesn't know why this home was built with a 12-foot deep carport. He referred to
the interior sloping wall in the carport and stated that the back wall of the garage slopes
inward which limits the ability to store things or get a car into the carport. He added that
building a new garage on the west side of the property would ruin the view of the nature
area across the street which is one of the main attractions of this home and he really
doesn't see any other options.
Johnson asked about the total square footage of the home after the proposed additions
are complete. Isenberg stated that the additions would add approximately 1,500 square
feet to the home and that it will be a substantial investment.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Maxwell stated that the Board is usually supportive of applicant's wanting to build a two-
stall garage and usually not supportive of front yard variances but he thinks this case is an
exception. Perich agreed and said he thinks it meets all of the criteria used when
considering variances. Nelson also agreed and noted that other homes in the
neighborhood are close to the front property line as well so this proposal will not change
the character of the neighborhood. Johnson agreed and said other alternatives have been
thoroughly explored and he would be supportive of the requested variance for this unique
house.
Minutes of the Golden Valley Board of Zoning Appeals
December 27, 2016
Page 7
MOVED by Maxwell, seconded by Johnson and motion carried unanimously to approve
the variance request for 11.4 ft. off of the required 35 ft. to a distance of 23.6 ft. at its
closest point to the front yard (south) property line to allow for the construction of a
garage.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 8:08 pm.
David Perich, Chair Lisa Wittman, Administrative Assistant
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
November 28, 2016
Commissioners Present: Lynn Gitelis, Dawn Hill, Debra Yahle, Tonia Galonska, Tracy
Anderson, Jim Stremel, Larry Johnson, and Council Member
Larry Fonnest
Staff Present: Eric Eckman, Public Works Specialist and Hannah Garry, GreenCorps
Member
Absent: None
Call to Order
Lynn Gitelis called the meeting to order at 6:30 pm.
Approval of Regular Meeting Minutes
MOVED by Hill, SECONDED by Yahle, and the motion carried unanimously to
approve the minutes of the October 24, 2016 regular meeting.
Determination of December Environmental Commission Meeting
The next Environmental Commission Meeting is scheduled for December 26, 2016. City
Hall will be closed in observance of Christmas. Staff suggested two alternative dates of
December 19th and December 12th. After discussion, the Commission agreed to December
19, 2016 as the next scheduled Environmental Commission Meeting.
Resilience and Sustainability Plan Update
Eckman explained the City received an environmental assistance grant from the Minnesota
Pollution Control Agency to hire a consultant to assist in the development of a Resilience
and Sustainability Plan. Once completed the plan will be included in the City's 2040
Comprehensive Plan. The Environmental Commission identified this project as its top
priority in the 2016 annual work plan. The City completed a request for proposals process
and selected Great Plains Institute as its consultant to help guide the planning process and
draft the plan. Staff then explained the proposal process and listed the project deliverables:
• Inventory of existing conditions (risk & vulnerability assessment)
• Completion of GreenStep Cities actions related to the inventory
• Community engagement strategy and facilitation
• Develop vision, goals, objectives, and strategies
• Draft the plan
Staff then gave an overview of the project schedule
• November 2016 — January 2017: Existing conditions inventory/assessment
• January 2017: Meet with the Environmental Commission
• February 2017: Community/stakeholder meeting
• March —April 2017: Develop goals, objectives, policies, and strategies
• April 2017: Meet with the Environmental Commission
• May— June 2017: Draft the Plan
• June — July 2017 Review Plan with Environmental Commission
Minutes of the Environmental Commission
November 28, 2016
Page 2 of 3
The Commission provided suggestions and ideas regarding the community
engagement/stakeholder meetings. Staff will provide a monthly update to the Commission
and is requesting input and feedback throughout the project.
Best Practice 29 Climate Adaption and Community Resilience Action 5 — Protect
Public Buildings and Natural/Constructed Infrastructure
Garry provided the Commission with an overview of best practices 29, Action 5 and the
City's proposed entry that meets the 1-star rating. The Commission suggested minor
revisions including removing the language regarding the municipal power lines.
MOVED by Hill SECONDED by Johnson and the motion carried unanimously to
Approve Best Practice 29 Climate Adaption and Community Resilience Action 5 —
Protect Public Buildings and Natural/Constructed Infrastructure - 1-star rating
summary.
Mayors' Monarch Pledge and Bee City USA
Staff presented information on these two programs that increase awareness and action
regarding pollinators and pollinator habitat. The programs were brought to the attention of
staff by community members and the Golden Valley Garden Club. Staff reviewed the
programs and found that they fit within GreenSteps Cities and our existing and planned
actions regarding pollinators, habitat, and natural resource education/awareness.
The Commission thoughtfully reviewed and discussed the information presented, but
ultimately was not able to support the City's participation in the programs for reasons listed
below:
• The programs were too specific in their focus on only monarchs and bees, rather than
all pollinators
• Concerns about the potential increase in City resources required to administer new
programs
• Concerns about doing work that furthers the interests and agendas of non-profits (i.e.
the National Wildlife Federation in the case of the Mayor's Monarch Pledge)
The Commission acknowledged the importance of pollinators, habitat, awareness, and
reduced pesticide use. They acknowledged that the City has been doing a lot with respect
to pollinators recently and that it can continue its good work without the formality of these
new programs. The Commission also expressed an interest in possibly creating a more
broad policy regarding pollinators in the future if it fits into their work plan. They also
expressed their appreciation for the Garden Club's interest in increasing pollinator habitat
and awareness.
Staff will ensure that the City continues its existing and planned work on pollinators and
completes GreenSteps Cities actions without participation in the new programs. The City
will continue its relationship with the Garden Club and look for ways to achieve mutually
beneficial goals in 2017 and beyond.
Minutes of the Environmental Commission
November 28, 2016
Page 3 of 3
The Commission made two separate motions in consideration of participation in the
Mayors' Monarch Pledge and Bee City USA programs.
Moved by Hill SECONDED by Anderson to participate in the Mayor's Monarch
Pledge. All voted nay. MOTION Failed.
MOVED by Hill SECONDED by Anderson and the motion carried to not participate in
the Bee City USA program.
GreenStep Cities Inventory Update: Best Practice 1, 4, 10, 16, 18, and 26
The following entries were reviewed, discussed and approved by the Commission with
minor revisions.
Best Practice 1 — Efficient Existing Public Buildings
Action # 1 Enter building information into B3 Benchmarking database
Action # 2 Make no/low cost indoor lighting and operational changes
Action # 5 New construction qualifies under green building framework
Best Practice 4 —Efficient Outdoor Lighting and Signals
Action # 4 Coordinate traffic signals and/or optimize signal timing so as minimize car
idling at intersections yet maintain safe and publicly acceptable vehicle
speeds
Action # 5 Use LED/solar-powered lighting for a flashing sign or in a street, parking
lot or parking project
Action # 8 Replace the city's existing traffic signals with LEDs
MOVED by Hill SECONDED by Johnson and the motion carried unanimously to
approve GreenStep Cities Inventory Update: Best Practices 1 and 4 for entry in the
GreenStep Cities website with minor editing and formatting.
Program/Project Updates
Staff reviewed with the Commission the Program/Project Updates for November 2016.
Commission Member Council Reports
None at this time.
Council Updates
None at this time.
Other Business
Adjourn
MOVED by Stremel, SECONDED by Anderson and the motion carried to adjourn the
meeting at 8:30 pm.
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
October 10, 2016
Present: Denise La Mere-Anderson, Aaron Black, Kathryn Frommer, Peder Hanson, Alan
Ingber, Andrea Mac Arthur, Sarah Meyerring, Scott Charlesworth-Seiler, Toots Vodovoz.
Also present: Brian Erickson, Staff Liaison.
Absent: Hilmer Erickson, Elissa Heilicher and Peggy Watkins.
Call to Order: La Mere-Anderson called the meeting to order at 6:05 pm.
Agenda Changes or Additions: No additions or changes
New Member Introduction: Peder Hanson was introduced and welcomed.
Meeting Ground Rules/Guiding Principles: La Mere-Anderson presented the created
Meeting Ground Rules/Guiding Principles and asked for feedback from the commission.
Agency Presentations:
Sojourner Project. Helen Chargo, Executive Director, presented the mission of Sojourner
Project. In 1979, Kitty Alcott and Jenny Arimond, opened the doors to Sojourner Shelter in
Hopkins, MN. The mission of Sojourner Project is to provide emergency shelter for women
and children; legal advocacy and support to empower victims; information and education to
raise awareness and promote violence prevention. The primary purpose is to increase the
safety of domestic violence victims and the communities in which they live.
Robbinsdale Area Schools. Aviva Hillenbrand, Program Director, Community Enrichment
and Engagement, presented on how the funds would be used to support need based
scholarships for students enabling them to participate in quality out of school time activities
and programs.
Helping us Grow (HUG). Melodie Hanson, Program Director, presented on how the funds
would be used utilized to fill the gap in access to diapers for families residing in Golden
Valley and to the parenting teens who attend schools serving Golden Valley. The Helping
Us Grow (HUG) program, located in Golden Valley, is an initiative of the Robbinsdale Area
Redesign Family Service Collaborative of Robbinsdale Area Schools. HUG has been
serving Golden Valley families, with infants and toddlers, for the past fifteen years.
Community Mediation and Restorative Services. Beth Bailey, Executive Director,
presented on how Community Mediation & Services, Inc., provides mediation, restorative
and facilitation services to residents, schools and organizations in Golden Valley. CMRS
channels the resources of community volunteers to help people make shared decisions and
find effective and respectful way to manage conflict and address harm.
ResourceWest. Tarrah Palm, Executive Director, presented on how the funds would be
used to support the Winter Warm Wear program. The program supports children, to
prepare for winter, by receiving free winter warm wear. ResourceWest has been serving
west metro residents, in need, since 1993. It was established through a collaborative effort
of the Hopkins Public School District, the City of Hopkins, and local faith and community
providers because of the growing needs among low-income children and youth in the
Hopkins Public School District.
Applications for Funding: After discussion, the following allocations were recommended
to the Council after approval by the GVHSF in November:
Agency Request Recommended
allocation
Canvas Health/Crisis Connection $2,200 $2,000
Crisis Nursery $2,500 $2,500
Dinner At Your Door $8,000 $8,000
PRISM $12,000 $10,000
Senior Services HOME $5,000 $5,000
Senior Services Outreach $3,000 $2,000
Sojourner Project $7,000 $7,000
The Bridge for Youth $5,000 $5,000
TreeHouse $5,000 $2,050
YMCA — New Hope $10,000 $3,000
HUG $5,000 $5,000
ResourceWest $5,000 $4,450
Robbinsdale Schools $4,000 $4,000
TOTAL $73,700 $60,000
Agencies will be directed to use the funds for program costs for Golden Valley residents,
when possible.
Adjournment: Black moved to adjourn the meeting, Mac Arthur seconded the motion. The
meeting was adjourned at 8:45 pm.
Respectfully submitted,
Denise La Mere-Anderson, GVHSF Chair Brian Erickson, Staff Liaison
Joint Meeting of the Golden Valley
Board of Zoning Appeals, Environmental Commission, Human Rights
Commission, Human Services Fund, Open Space and Recreation Commission,
and Planning Commission
January 23, 2017
A joint meeting of the Board of Zoning Appeals, Environmental Commission, Human
Rights Commission, Human Services Fund, Open Space and Recreation Commission,
and Planning Commission was held at the Golden Valley City Hall, Council Chambers,
7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 23, 2017. City
Manager Tim Cruikshank called the meeting to order at 5:30 pm.
Those present were Council Members Fonnest and Schmidgall, Board of Zoning
Appeals Members Maxwell and Orenstein, Environmental Commissioners Anderson,
Gitelis, Galonska, Hill, Johnson, Stremel, and Yahle, Human Rights Commissioner
Gloria Peck, Human Services Fund Member Elissa Heilicher, Open Space and
Recreation Commissioners Bergman, Bukowski, Carow-Schiebe, Cornelius, Sanberg,
and Speltz, Planning Commissioners Baker, Blenker, Johnson, Kluchka, Segelbaum,
and Waldhauser. Also present were City Manager Tim Cruikshank, Physical
Development Director Marc Nevinski, Director of Parks and Recreation Rick Birno,
Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner,
and Public Works Specialist Eric Eckman.
Bill Morris, of Morris Leatherman, presented the results of the 2016 Community Survey
and answered questions from the audience regarding methodology and findings. Tim
Cruikshank, City Manager, presented on the City's Debt and Infrastructure and
answered questions on a variety of topics related to the City's plans for the future.
The meeting was adjourned at 6:50 pm.
Lisa Wittman
Administrative Assistant
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of December 7, 2016
The Golden Valley— Crystal — New Hope Joint Water Commission (JWC) meeting was
called to order at 1:30 pm in the City of Golden Valley Council Chambers.
Commissioners Present
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Tim Cruikshank, City Manager, Golden Valley
Staff Present
Marc Nevinski, Physical Development Director, Golden Valley
Jeff Oliver, City Engineer, Golden Valley
Sue Virnig, Finance Director, Golden Valley
Bernie Weber, Operations Manager, New Hope
Randy Kloepper, Water Superintendent, Crystal
Dave Lemke, Utilities Supervisor, New Hope
Bob Paschke, Director of Public Works, New Hope
Mark Ray, Director of Public Works/City Engineer, Crystal
Joe Hansen, Utilities Supervisor
Approval of Minutes — October 5, 2016
Moved by McDonald seconded by Cruikshank to approve the minutes of the October 5,
2016 Joint Water Commission Meeting. Motion carried.
November Meeting cancelled due to lack of agenda
Approve Amendment to the Short Elliott Hendrickson, Inc. Agreement for
Professional Services on PCCP Analysis Project
In February of 2016, the Joint Water Commission (JWC) approved a professional services
agreement with Short Elliott Hendrickson, Inc. (SEH, Inc.) to perform a study of the JWC's
PCCP pipe system. The purpose is to determine the overall conditions of the system and to
develop a tool to prioritize the potential future replacement and rehabilitation projects. It has
been determined that additional pressure testing and modeling would be required due to
preliminary findings and pressures near the Crystal and Golden Valley pump houses.
These additional tasks, increased the contract amount by $10,611. These additional
changes are justified due to unforeseen tasks. Funding for this amendment is available in
the Elevated Tower Inspection Project and the Arc Flash Hazard Analysis Project
($10,400). These projects came in under budget creating funding that can be used toward
the PCCP analysis Project. The JWC TAC recommends amending the original agreement
to include the additional $10,611 for a total of$176,897.
Moved by McDonald seconded by Cruikshank to amend the agreement for professional
services with SEH, Inc. on the PCCP Analysis Project adding $10,611 to the agreement for
a total amount not to exceed $176,897. Motion carried.
Joint Water Commission
December 7,2016
Page 2 of 3
Approve/Award the Golden Valley Reservoir Improvements Proiect to MN Mechanical
Solutions
The Joint Water Commission Technical Advisory Committee (JWC TAC) solicited quotes
for two projects included in the 2016-2020 Capital Improvement Program. Due to the
proximity and similarity of the projects, it was determined to combine the projects. Replace
Ladders and Tank Repairs and Mud Valves and Install Orifice Plates projects were quoted
together. Also staff noted this quote does not include the dissipater plates as staff is
requesting the Commission to purchase these plates directly from the manufacture to avoid
paying markup costs of approximately $5,000 per plate. The Commission agreed to
purchase the plates separately and inquired to the start date of the project. Staff notified the
Commission that this project will begin in 2017 and will be considered a 2017 project.
Moved by Norris seconded by Cruikshank to approve award the Golden Valley Reservoir
Improvement Project to MN Mechanical Solutions in the amount of$82,630 and to
purchase two (2) dissipater plates separately from Plant and Flanged Equipment at a cost
of$30,950.
Follow up on the DeCola/Winnetka Flooding. Discussion item.
Staff gave a quick overview discussing status of the model and funding options. Staff is
directed to provide anther update at the next scheduled meeting. Jeff Oliver and staff are
advised to have a grant application submitted by the end of the year to the Minnesota
Department of Natural Resources.
TAC Update
36" PCCP paperwork has been submitted to finance for final payment including retainage.
The three cities of the Joint Water Commission are compiling water usage from the last 10
years for the Water Supply Plan.
Killmer has relocated the generator and will be up and running in December.
The PCCP Analysis Presentation/Report from SEH, will be December 20, 2016.
Arc Flash is complete except for training and reports.
TAC is investigating costs for water tower painting. Both interior and exterior is required
within 3-4 years.
Security Fence Project is complete.
TAC met with County, CenterPoint and Blue Line and Park Board to review upcoming
projects.
Next Meeting
The next meeting is scheduled for January 4, 2017 at 1:30 pm in the Golden Valley Council
Conference Room.
Adjournment
Moved by McDonald seconded by Norris to adjourn meeting. Motion carried.
Chair Norris adjourned the meeting at 2:00 pm.
Chair Anne Norris
ATTEST:
Sue Schwalbe, Recording Secretary
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. E. 1. Purchase of Utility Tractor with Loader
Prepared By
Bert Tracy, Public Works Maintenance Manager
Marshall Beugen, Vehicle Maintenance Foreman
Summary
The 2017-2021 Capital Improvement Program includes $105,000 for the purchase of a new Cat
Utility Tractor with Loader (V&E-128).
The 2007 John Deere tractor/loader meets replacement criteria set forth in the City’s vehicle
replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all
vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points
and above meets the category of “needs immediate consideration.” The 2002 John Deere 5520
tractor/loader due for replacement scored 34 points.
The Minnesota Materials Management Division has awarded the following contract:
Contract No.Item Vendor Amount
#115219 2017 Caterpillar Model
908M Wheel Loader
Ziegler Cat $99,580.00
#416-1215 Snow Wolf Fast Attach Ziegler Cat 1,660.75
Total Purchase $101,240.75
Trade-in Unit (2002 John Deere 5520 Tractor/Loader)$ 23,500
Remittance To Vendor $ 77,740.75
Recommended Action
Motion to approve purchase of a 2017 Caterpillar Model 908M Wheel Loader with Snow Wolf
Fast Attach from Ziegler Cat in the amount of $77,740.75.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. E. 2. Purchase two Ford SUV interceptor vehicles; one Fire Department and one Police Department
Prepared By
Bert Tracy, Public Works Maintenance Manager
Marshall Beugen, Vehicle Maintenance Foreman
Through
John Crelly, Fire Chief
Jason Sturgis, Police Chief
Summary
The proposed 2017-2021 Capital Improvement Program (CIP) includes $40,000 for the purchase of
one fire vehicle, equipment, and setup (V&E-083, page 33).
The Police Department is requesting an emergency purchase of a marked police interceptor squad. A
recent accident involving a marked police interceptor squad resulted in extensive rear end damage to
the squad. The extent of the damage is such that the squad is totaled beyond repair. The cost of the
vehicle will be covered by City’s insurance.
Fire Department vehicle scheduled for replacement, (Unit 350, V&E-083), is two thirds of the way
through its useful vehicle life and will be re-allocated as a building inspection vehicle for another
three to five years or until the vehicle meets VCI replacement criteria.
Replacement purchase of the two interceptor vehicles will be made under the State of Minnesota
Squad Vehicles. The Minnesota Materials Management Division has awarded the following contract:
Contract No.Item Vendor Amount
83065 One, 2017 Ford SUV Police Department
Interceptor all-Wheel Drive Squad
Nelson Auto Center,
Fergus Falls, MN
$39,258.95
83065 One, 2017 Ford SUV Fire Department
Interceptor all-Wheel Drive Vehicle
Nelson Auto Center,
Fergus Falls, MN
$32,195.95
TOTAL PURCHASE $71,454.90
Public Works staff has worked with the Police and Fire Chiefs as well as their staff in selection of the
Ford SUV Interceptor vehicles. The Police and Fire Chiefs concur with the vehicle acquisitions.
Recommended Action
Motion to approve purchase of two Ford SUV Interceptor Vehicles from Nelson Auto Center for the
total purchase price of $71,454.90.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. E. 3. Purchase One Ford F250 Pickup, Utility Box and Snow Plow
Prepared By
Bert Tracy, Public Works Maintenance Manager
Marshall Beugen, Vehicle Maintenance Foreman
Summary
The 2017-2021 Capital Improvement Program (CIP) includes $40,000 for the purchase of one
Pickup/Utility truck for the Park Maintenance Division (V&E-026, page 26).
The 2007 Ford truck meets replacement criteria set forth in the City’s vehicle replacement policy and
Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment
scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the
category of “needs immediate consideration.” The 2007 Ford truck due for replacement scored 28
points.
The Minnesota Materials Management Division has awarded the following contracts:
Contract No.Item Vendor Amount
#109287
Release # T-642(5)
Ford F250 Regular Cab
Pickup Truck
Midway Ford $27,809
Utility Box #116763
Snow Plow # 73056
Utility Box and Snow
Plow
Aspen Equipment $16,426
Total $44,235
The purchase of this pickup/utility truck is over budget by $4,235. The difference will be paid from
the Vehicles and Equipment CIP for the Parks Department where savings on other purchases will
offset this overage.
Recommended Action
Motion to approve purchase of one Ford F250 from Midway Ford, utility box and snow plow from
ABM Equipment, for the total purchase price of $44,235.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. E. 4. Purchase of Fairway Mower for Brookview Golf Course
Prepared By
Greg Spencer, Golf Course Superintendent
Rick Birno, Director of Park and Recreation
Summary
The 2017-2021 Capital Improvement Program budget GC-014 includes a replacement Fairway
Mower for 2017. The recommended equipment acquisition will replace a 2002 unit.
This purchase will be a transaction through the National IPA State Contract #07313-jcs through
Turf Werks. The expense for the purchase is as follows:
Contract No.Item Vendor Amount
07313-jcs Golf Course Fairway Mower Turf Werks $41,079.00
MN State Sales Tax $2,824.18
Purchase Price to City $43,903.18
Recommended Action
Motion to approve the purchase of a Fairway Mower from Turf Werks through the National IPA
State Contract #07313-jcs for a total purchase price, including Minnesota sales tax, in the amount
of $43,903.18.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. F. Approval of Proposed Application for 2017 Community Development Block Grant (CDBG)
Program Funds for West Hennepin Affordable Housing Land Trust (WHAHLT)
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
The City participates in the CDBG program through the Hennepin County Consolidated Pool. For several
years, the City Council has approved a Joint Cooperation Agreement with Hennepin County to
participate in the Consolidated Pool. This Agreement allows Golden Valley and other cities within
Hennepin County that do not meet the criteria to have their own CDBG program to apply for CDBG
funding.
This year, the City has been asked by WHAHLT, doing business as Homes Within Reach, to submit an
application for funding on their behalf. The City would contribute any funding for this project. WHAHLT
is requesting $60,000 in CDBG funding for the acquisition and rehabilitation of one single-family home
in Golden Valley. There are currently two single-family homes in Golden Valley that are actively utilizing
WHAHLT’s Community Land Trust program, which is a model for affordable homeownership that is
described in the attached application. If funding is awarded, the acquisition and rehabilitation of a
single-family home would occur between July 2017 and June 2018. In that time frame, the home would
be sold to an income-qualified individual or family that currently lives or works in Golden Valley.
Attachments
•Hennepin County CDBG Funding Request Form, 2017 Program Year (21 pages)
•Resolution approving Proposed Application for 2017 Community Development Block Grant
Program Funds for West Hennepin Affordable Housing Land Trust and Authorizing Execution of
Subrecipient Agreement with Urban Hennepin County and Any Third Party Agreements (1 page)
Recommended Action
Motion to adopt Resolution Approving Proposed Application for 2017 Community Development Block
Grant (CDBG) Program Funds for West Hennepin Affordable Housing Land Trust (WHAHLT) and
Authorizing Execution of Subrecipient Agreement with Urban Hennepin County and Any Third Party
Agreements.
Page 1 of 8
Hennepin County CDBG Funding Request Form
2017 Program Year
Consolidated Pool City Funding Request
City: City of Golden Valley
Staff Contact: Emily Goellner, Associate Planner/Grant Writer
Staff Contact Email: egoellner@goldenvalleymn.gov
Staff Contact Phone: (763) 593-3979
Partner Organization (if applicable): West Hennepin Affordable Housing Land Trust (WHAHLT)
dba Homes Within Reach (HWR)
Agency/Organization Name: West Hennepin Affordable Housing Land Trust (WHAHLT) dba Homes
Within Reach (HWR)
Address: 5101 Thimsen Ave., Suite 202, Minnetonka, MN 55345
Organization Type: ☐Government ☒Non-Profit ☐For-Profit ☐Other:
Name of Primary Contact: Janet Lindbo
Title of Primary Contact: Executive Director
Primary Contact Email: jlindbo@homeswithinreach.org
Primary Contact Phone: 952-401-7071
Activity Name: Housing Activities
Amount of 2017 CDBG Funding Request: $60,000
Use of CDBG Funds (e.g. acquisition, rehabilitation, construction):
Acquisition of land, rehabilitation of single-family home, and other project costs to create and preserve
an affordable home for a workforce family in the City of Golden Valley, using the Community Land
Trust practice as the mechanism that makes the home affordable.
Description of Activity:
The request for funding is to continue the implementation of the West Hennepin Affordable Housing
Land Trust (WHAHLT) dba Homes Within Reach (HWR) program in the City of Golden Valley; creating
and preserving affordable homeownership for workforce families.
The HWR program was created in order to increase the number of homeownership opportunities that
exist for working households in suburban Hennepin County. HWR’s mission creates a unique
Applicant Information
Activity Information
Page 2 of 8
homeownership opportunity for workforce families, who provide essential services to Golden Valley
and suburbs of Hennepin County; such as custodians, teachers, municipal workers, retail staff, office
personnel, food prep staff, customer service representatives, and many more who are unable to
purchase a home in the communities where they work and or live.
The major objective of creating affordable homeownership is to offer an opportunity for low to
moderate income workforce households to become homeowners, which in turns adds value to the
family unit and community as well as protects the investment of the subsidy made possible by multiple
funders.
Homes Within Reach uses the Community Land Trust practice. This practice removes the value of the
land from the mortgage equation, which creates the initial affordability. HWR acquires and retains the
ownership of real property, rehabilitates the property, and then sells the improvements (home) to
qualified buyers earning less than 80% Area Median Income (AMI). The Community Land Trust practice
offers long term affordability with a 99-year lease. Each affordable home will offer affordable
homeownership to 6-9 families throughout the life of the lease, thus funding is recycled with every
resale.
The property costs less because HWR homebuyers purchase only the house (Improvements) and enter
into a Ground Lease with WHAHLT to secure the long-term rights and use of the land.
Each housing project is funded by two sources of capital; proceeds of the sale of the home to a qualified
buyer and grants and in-kind resources awarded to the organization to cover the costs of the land,
renovations and project costs. Therefore, the proposed activity will have multiple matching funding
sources to augment the requested CDBG award, which includes Hennepin County - AHIF, HOME
Partnership, Metropolitan Council, & Minnesota Housing. Please refer to Exhibit 4 – Preliminary
Sources & Uses.
Therefore, HWR offers both communities and homebuyers the ability to sustain permanently
affordable homeownership by maintaining affordability, which preserves public and private
investment.
Key points of the program are:
HWR homes cost less than market rate homes because WHAHLT/HWR homebuyers purchase
only the house (Improvements) and enter into a Ground Lease with WHAHLT to secure the
long-term rights and use of the land. By taking the cost of the land out of the real estate
transaction, land trust homes are more affordable than houses on the open real estate market.
By eliminating these costs, homes are purchased at approximately 30% to 50% below the
typical market value amount.
The homeowner may sell his/her home only to a qualified buyer or to WHAHLT. The resale
price is limited by a formula which more than likely (based on market conditions) allows the
seller to recover the original cost of the house plus a modest profit. Therefore, assuming the
house has retained or increased in value, the homeowner who sells his or her home will get all
of their equity (the amount of money that they used as a down payment as well as all principal
that has been paid). In addition, they will receive a percentage (35% for WHAHLT) of the home’s
appreciation (the amount that a home has increased in value since it was purchased).
Community Land Trust homes remain affordable for consecutive generations of homeowners,
because the resale restriction is the subsidy retention and is tied to the home (not the owner),
ensuring the home continues to be affordable with each sale over the lease period, serving
multiple families over the course of the 99-year lease and more. Thus, subsidies awarded to
Page 3 of 8
HWR stay with the home and incorporate perpetual affordability using the Community Land
Trust practice.
The homes will be part of the resale-restricted domain of WHAHLT and will remain affordable
for low to moderate income households, through one resale after another, and to continue to
serve homebuyers without the need of additional subsidies, regardless the number of times
the home sells (99-198 years). The Ground lease (executed between WHAHLT and the
homeowner) protects the assets of the land by providing the land trust certain rights to
safeguard the condition and affordability of the home.
A CLT leaseholder-homeowner receives benefits similar to non-CLT homeowners such as the
ability to build equity, the federal mortgage interest and property tax deductions, and the
ability to pass on the lease interest and home to their heirs.
The components of permanent housing affordability and subsidy retention create and sustain
the affordability of the homes through the HWR program. Therefore, the removal of the market
value of the land from the mortgage equation provides initial affordability. Permanent
affordability is obtained through:
A pricing formula that provides the owner with an amount of equity while ensuring that
the resale price of the home is affordable and
A resale restriction that requires the homeowner to sell the house to another qualified
household.
Please see Exhibit 1 – How the Community Land Trust Works for futher details.
Location Address (if applicable):
NA – Property addresses have yet to be determined. It is HWR practice that once funding is awarded
and finalized, then HWR will search to acquire a property based on multiple conditions. This includes
(but is not limited to) location, purchase price, size of parcel and house, condition of property,
applicants’ needs, and available matching contributions.
Description of Project Service Area (if applicable): Citywide
Anticipated
Accomplishments:
For Housing
activities
#Housing Units: 1 affordable existing detached single-family home.
For non-Housing activities:
#People Served: TBD
List Census Block Groups served by activity/facility: TBD
Who is the target clientele? What populations will benefit from the activity?
HWR supports workforce families by providing essential services to the community who typically cannot
afford to purchase an entry-level home in Golden Valley, yet works, resides or has family that lives in
the community.
Activity Need, Consistency with Plans, and Public Support
Page 4 of 8
HWR's target market is workforce households with incomes at 80% or less of area median income (AMI).
HWR has served households between 32% to 79% AMI over the past 14 + years. The Average program
wide AMI is 59% for new sales of homes and 61.8% for resales.
HWR was created to increase the number of homeownership opportunities that exist for working
households in suburban Hennepin County. This includes custodians, teachers, municipal workers, retail
staff, office personnel, food prep staff, customer service representatives and many more who are unable
to purchase a home in the communities where they work and/or live.
The HWR program offers low cost, high quality, and convenient locations for its homes that draws
interest from workforce households with low to moderate incomes. For HWR buyers, this opportunity
to own a home provides a stabilized environment for families and specifically children. This includes (but
is not limited to) having their own bedrooms and or living space in their home, a backyard to play in
and or a neighborhood filled with kids to develop friendships, access to multiple recreational spaces
that are safe (and provide family time), and a stable environment to raise children.
Furthermore, the HWR Community Land Trust program provides stable affordable housing costs (moving
away from the ever- escalating rent); which enables the homeowner to invest in endeavors that truly
enhance the quality of their lives, such as education for the family, career opportunities, supportive
health environment and the comfort and security of being homeowners.
Please refer to Exhibit 2 that provides a profile of those HWR has served over the past 14 + years.
What needs does this activity address?
The application’s proposed activity of creating and sustaining affordable homeownership meets the
needs of the suburban communities, including the City of Golden Valley, because of the need and
challenges of providing a suburban workforce housing. Land values are high and demand for living in the
suburban communities of Hennepin County has led to increased home values. Over the past decade,
HWR has experienced an increase in land values and in 2016 HWR’s average land value per property was
$112,250; ranging from $70,000 to $150,000. Variations are due to location of properties.
In many incidences, entry-level properties are priced too high for workforce households who work or live
in the suburban communities of Hennepin County.
The median earnings for many jobs do not cover actual housing costs. Consequently, the suburban
communities’ workforce reality, having a job does not guarantee an affordable home and this leaves
families at the mercy of a free market that often proves incapable of providing a home for the price that
households can afford; or over burdens their incomes to do so.
Job and wage growth are essential to securing affordable housing. Today, wages for jobs in demand are
often insufficient to cover the cost of housing in Hennepin County suburbs. The most significant issue
facing the workforce’s ability to purchase an entry-level home is income. In Hennepin County, a family of
four with two full-time wage earners need to earn a combined annual salary of $62,400 to afford basic
costs of living according to the Cost of Living in Minnesota Family Wage & Budget Calculator for
Hennepin County.
According to Minnesota Housing Partnership, the growth of relatively low-wage jobs is driving the need
for workforce housing. Currently, the six occupations with the highest demand for workers in Minnesota
include retail salesperson, registered nurses, food preparation and serving workers, personal care aides,
cashiers, and truck drivers. By 2024, demand for these occupations is expected to grow by an average
rate of 9% and create nearly 118,000 new job openings- accounting for 15% of all projected job openings
among in-demand occupations in Minnesota. Yet, these occupations pay only a fraction of what is
needed to afford prevailing rents and median home prices
Page 5 of 8
Therefore, the types of jobs that are growing in the local economy are not conducive to affordable
homeownership opportunities since the economy is producing low-wage jobs for both new and
replacement jobs in lieu of more moderate paying positions. According to Minnesota Housing
Community Indicators, homeowner cost burdened in HWR service area (12 Hennepin County suburban
communities) is approximately 62% based on 2015/2014 data.
The major objective of creating affordable homeownership is to offer an opportunity for workforce
households to become homeowners, which in turns adds value to the family unit while not over burdening
their income to do so. In addition, it benefits the community through preserving and rehabilitating the
existing housing stock. It also provides a mechanism to invest in long-term affordable homeownership
that protects the investment of the subsidy made possible by multiple funders.
How does the activity meet a need identified in the 2015-2019 Consolidated Plan?
HWR program meets Hennepin County Consolidated Plan’s high priority for offering homeownership
assistance by creating and preserving long-term affordable homeownership to workforce families (80%
AMI or lower) in the suburbs of Hennepin County. The proposed activity of creating and sustaining
affordable homeownership meets a community priority because of the challenges of providing
affordable homeownership options, since the price of entry-level properties are out of the reach for
many essential workers who work and or live in Golden Valley.
In addition, the program requires homeownership training by our applicants via the Homestretch Classes,
which is another high priority of the Consolidated Plan. HWR works with homeowners when crisis arises
and they need to participate in foreclosure prevention measures.
Furthermore, over the years, several of our families have members who are physically disabled. They have
worked with HWR, Hennepin County and other non-profits to make the home accessible for the disabled
family member.
How does the activity meet other locally identified community development needs?
The proposed activity of creating and sustaining affordable homeownership in the City of Golden Valley
Page 6 of 8
meets a community priority because of the challenges of providing affordable homeownership options
and the need for additional suburban workforce housing since the price of entry-level properties are out
of the reach for many essential workers who work and or live in Golden Valley and the surrounding area.
Homes Within Reach is a program with 14 + years of experience providing scattered site affordable
homeownership that meets multiple community need. This includes but is not limited to the following:
1. Workforce families provide essential services to maintain and sustain the infrastructure of the
community.
2. Demand for living in the suburban communities has led to increased home values that have risen
to the point that many single-family homes, despite their age, are not affordable to low and
moderate income workforce families. Land values in particular have increased, making it difficult
for developers to build affordable single-family homes.
3. The program preserves community resources through the use of existing buildings (preservation
and rehabilitation of existing housing stock) and the community’s infrastructure.
4. The program enables newcomers to join the community, support the investment in the delivery
of the Community’s infrastructure, and maximize the one-time investment in sustaining
affordability.
The purpose of creating affordable homeownership offers an opportunity for low to moderate income
families to become homeowners, which in turn adds value to the buyer and the City of Golden Valley
and protects the investment of the subsidy made possible by many funders. Therefore, the program's
activity expands homeownership opportunities, enhances residential stability, preserves housing
affordability, and supports the community infrastructure.
Describe any community or private partnership support:
Over the years, HWR has partnered with various suburban communities and local organizations to
support the HWR CLT program. HWR will work with the City of Golden Valley and local organizations
with respect to grassroots networking activities, making residents aware of the program, and its
benefits via flyers, presentations, handouts, and websites.
Furthermore, HWR partners with organizations like Greater Metropolitan Housing Corporation, who
administers a fix-up loan program for CLT homeowners and providers who offer credit counseling to
assist prospective applicants who need to repair their credit in order to qualify for a mortgage through
CASPH and other accredited providers funded by Minnesota Housing. When homeowners are in a
time of crisis, HWR works with homeowners and refers them to city/county/private resources to assist
them with their challenges and needs.
Furthermore, HWR is currently working with the Hennepin County to create additional CLT properties by
purchasing tax forfeiture properties, rehabilitating the property through the Sentence to Serve
program, and selling the property to HWR, so in turn HWR can sell the home to a qualified buyer, using
the CLT practice.
HWR collaborates with the City of Lakes Community Land Trust with data collection and networking
activities and continues to be a member of the Minnesota CLT Coalition and the Grounded Solutions
Network, where the organization works with its peers on lobbying initiatives and the development of
best practices as well as resources and products that CLT’s offer to current and future homeowners.
As outlined in Exhibit 5, HWR works with a team of consultants and specialized vendors that provide
resources, expertise, services, and collaboration to accomplish meeting the organization’s mission of
transforming lives through homeownership.
Page 7 of 8
Projects may begin on or after July 1, 2017. Projects must be complete by June 30, 2018.
Note: Priority given to projects that can be completed by March 30, 2018.
Task Anticipated Completion Date
Acquisition/Rehab of Property: Property Search, Selection, Offer, Due
Diligences/Multiple Inspections, Predevelopment documentations to
Funders, Acquisition/Rehab, LC Approval, Purchase of Property,
Development of Scope of Work-Specifications and Rehab Plan &
Execute
6 + Months; March 2017 (or sooner)
Selling of Home Process: HWR Application, Mortgage Application and
Approval, Homebuyer Class, Selection of Home, Board Committee
Interview, Finalize Income Eligibility, Execute PA, Homebuyer
Inspection
3 – 6 months; May 2018 (or sooner)
Closing Process: Attorney Review with Buyer, Final Home Inspection,
Transfer Utilities, Coordination with Funders, Buyers & Closer
60 Days; May 2018 (or sooner)
Close Project: Final Bills, Finalize project Sources & Uses, Submit
Paper Work to Funders for Payment, pay off LC Commitment. 90 Days; June 2018 (or sooner)
The above tasks can be completed simultaneously, therefore
project timeline can run from 6 to 10 months.
Please See Exhibit 3 - Site Information - Timeline
Please See Exhibit 3 - Site Information -
Timeline
2017 Funding Sources Amount
Secured?
Consolidated Pool CDBG (City of Golden Valley) $60,000 Application in Process
Other local funds: Met Council & AHIF $60,000 $40,000 committed on 12/2016
and $20,000 in process
Other federal funds: HOME $45,000 Application in process
State: Minnesota Housing $8,000 12/2016
(Attach separate pages if necessary)
Has this activity received CDBG funding in previous years? ☐ Yes
☒ No If Yes, describe:
Uses of Funds Amount
Please refer to Exhibit 4 – Preliminary Sources & Uses Please refer to Exhibit 4 – Preliminary Sources & Uses
(Attach separate pages if necessary)
Implementation Schedule
Activity Funding
Page 8 of 8
Describe staff capacity and experience relevant to administering this activity:
WHAHLT-HWR began its work as a non-profit organization in 2002, using the Community Land Trust
practice in assisting low to moderate income workforce families become homeowners, beginning in
the City of Minnetonka and then growing to serve several other Hennepin County suburbs.
During the past fourteen years, HWR has demonstrated its capabilities and capacity as a small
organization to sustain and grow its target service area from one (1) to twelve (12) communities,
assisting one-hundred and fifty (150) families who would not have been able to purchase a home.
Not only has HWR grown in the number of communities it serves, but it also has grown with respect
to the assortment of styles and types of entry-level homes it has offered to workforce families;
beginning with existing detached single-family homes in 2002, adding a newly constructed detached
single-family home in 2005 and townhomes and twin homes in 2004 through 2011.
One hundred and one (101) of the one hundred and thirty-four (134) properties HWR has purchased
were acquired and rehabilitated through the oversight of HWR and then turned around and sold the
home to a qualified household. Three of the one hundred and one (101) are still being rehabbed and
are not yet sold. The remaining were acquired, built or rehabbed by third party providers. WHAHLT
worked with those providers in finalizing the scope of work and purchased the properties once they
were completed or once a buyer was identified.
In addition to acquiring market-rate entry-level properties, HWR has purchased and rehabilitated
twenty-one (21) foreclosed properties and then turned around and sold twenty-one (21) of the homes
to qualified applicants. In addition, HWR is currently working to acquire a tax-forfeiture property in
St. Louis Park, owned by Hennepin County and currently being rehabbed by the Hennepin County
Sentence to Serve program.
The steady growth over the years is supported by the HWR staff and its team of consultants and
specialized vendors, (contractors, realtors, attorney, appraiser, closer, auditor etc.) who deliver the
resources, expertise and services to accomplish the operational responsibilities in creating and
preserving affordable homeownership using the Community Land Trust practice. Please refer to
Exhibit 5 – Team Qualifications for further detail on third party providers.
List the names, position titles, and brief qualifications of staff who will be primarily responsible
for delivering this activity (attach additional pages if necessary):
Please see Exhibit 5 – Team Qualifications for response to this question.
Staff Capacity
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 1
Page 1 of 2
Community Land Trust –How it Works
West Hennepin Affordable Housing Land Trust dba as Homes Within Reach is a Community Land
Trust.
A Community Land Trust organization is a -
•Nonprofit organization
•Formed to hold title to land to preserve its long-term affordability
•Receives public and private donations of land or monies, to purchase land on which housing
exists or can be built
•The homes are sold to low-to-moderate income workforce families
•The CLT retains ownership of the land and provides a long-term ground lease to homebuyers
to secure their rights to use the land
•The CLT retains a long-term option to re-purchase the homes at a formula-driven purchase
price when homeowners later decide to sell & move.
Two key components driving the interest in Community Land Trusts are -
A Social Component: Promoting homeownership for low to moderate income families.
A Financial Component: Protecting the public’s investment in affordable homeownership.
The Community Land Trust (CLT) is one vehicle that allows homeownership to be affordable for low-
to-moderate income workforce families.
A Community Land Trust (CLT) establishes affordability by removing the value of the land from the
mortgage equation to create initial affordability resulting in savings of principal and interest and in
down payment and closing costs.
The CLT retains ownership of the land and enters into a 99-year ground lease with the leaseholder-
homeowner. Therefore, each affordable home will offer affordable homeownership to 6-9 families
throughout the life of the lease.
The CLT leaseholder-homeowner pays property tax on both the home and the land, and secures the
rights to use the land via a Ground Lease.
Federal, State, City and private contributions fund project costs - land acquisition, buyer assistance,
rehab, and holding costs.
A CLT ensures permanent affordability of the home through two provisions found in the Ground
Lease.
The first is a pricing formula that provides the owner with a fair amount of equity (25%-
35%), while ensuring the sale price for subsequent low-to-moderate income households is
affordable.
The second provision requires the homeowner to sell to another low-to-moderate income
household. In addition, the provisions ensure the home continues to be affordable with each
sale.
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 1
Page 2 of 2
A CLT leaseholder-homeowner receives benefits similar to non-CLT homeowners such as the ability
to build equity, the federal mortgage interest and property tax deduction and the ability to pass on
the lease interest and home to their heirs.
The following Chart provides an example of how a Community Land Trust creates initial and
permanent affordability (99 years plus). The example compares the difference in affordability after
ten years under the CLT and conventional model.
AffordabilityComparison
CLTModel Conventional
Model
Acquisition costs
Market Value Land 90,000$90,000$
Market Value Home 130,000$130,000$
Total 220,000$220,000$
Subsidy
Subsidy/Affordability Gap 90,000$-$
Sale Price 130,000$220,000$
Housing Costs
Principal and Interest
1 698$1,181$
Property Taxes 235$235$
Homeowner Insurance 125$125$
Land Lease Fee 30$n/a
Total Monthly Principal, Interest, Taxes, Insurance 1,088$1,541$
Down Payment 1,000$11,000$
Closing Costs 4,150$5,650$
Market Value After 10 Years
Market Value Home 174,709$n/a
Market Value Land and Home n/a 295,662$
Increase in Value
2 44,709$75,662$
Sale Price Calculation after 10 Years
Percentage of Appreciation to Owner 35%100%
Owners Share of Appreciation 15,648$75,662$
New Sale Price of Home 145,648$295,662$
1 Mortgage Interest Rate 5%, Term 30 years,
2 Annual average increase in market value 3%
AffordabilityComparison
The chart above demonstrates that after ten years, the CLT home sells for $145,648 as opposed to
$295,662 under the conventional model, a difference of $150,014.
There are two primary factors to account for this difference. First, the land has been permanently
removed from the speculative market. Secondly, the homeowner receives only a percentage of the
appreciation of the home when they decide to sell. In the above example, the owner receives 35%
or $15,648, based on a formula that is standard among CLTs (25-35%) across the United States,
where the homeowner receives only a portion of the appreciation in order to make the home
affordable for each subsequent sale
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 2
Page 1 of 2
HWR Profile
West Hennepin Affordable Housing Land Trust
dba
Homes Within Reach
Program Served:
HWR’s target market is households with incomes at 80% or less of Area Median
Income (AMI).
In practice, HWR has served households between 32% and 79% AMI, the average
program wide AMI is 59% for new sales and 61.8% for resales.
Current Average Income for leaseholders is $43,138 for new sales and $42,959
for resales.
HWR Profile:
The following chart summarizes 2002-2/2017 statistical profile of HWR homeowners.
Categories 2002-2/2017
Totals
Golden
Valley
2006-
2007
Comments
Total HWR Parcels 134 2 Acquired parcels of land.
Total Buyers 131 2 Does not include resales
HWR Average Income $43,138 $38,306
HWR Area Median Income Served
(%)59%51.5%
Income and family size drives
AMI calculation
HWR Average Monthly Mortgage
Amount $906 $1,091
Sale Price $127,075 $137,000
Household Size 3.36 3.5
HWR Underserved Population
Households 92 1
HWR Percentage of Total -
Underserved Population 73%50%
HWR Households of Color Served 53 1
HWR Percentage of Total -
Households of Color Served 41%50%
HWR Single Female Heads of
Households Served 76 1
HWR Percentage of total - Single
Female Heads of Household 59%50%
HWR Resales 19 0
HWR Resale AMI (%)61.8%0
HWR Resale Average Income $42,959 0
HWR Resale Sale Price $123,609 0
HWR Households 150 2
HWR Number Persons Served 523 7
Number of Communities Served 12 1
Bloomington Maple Grove
Brooklyn Park Minnetonka
Deephaven New Hope
Eden Prairie Richfield
Edina St. Louis Park
Golden Valley Wayzata
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 2
Page 2 of 2
Homes Within Reach is an excellent affordable homeownership program that serves work-force families
and enhances the community through collaborating with public and private organizations in transforming
lives through homeownership, by:
1. Sustaining Community Resources
The HWR program makes use of existing buildings and the community’s infrastructure. The community’s
infrastructure is a major selling point to the buyer, and in return, the new family provides value and
benefits with respect to the following:
•Community’s growth,
•Delivery of services,
•Increasing the labor pool available to local businesses,
•Reducing freeway congestion given the opportunity workers can live near their work,
•Adding younger households to the community where the population is often aging and
•Providing the mechanism to invest in affordable housing
2. Expanding Homeownership Opportunities:
HWR three principal features of the program continue to appeal to the targeted market, which includes the
cost of homes, the quality of home and their location. Additionally, owning a CLT home is a starting point
on the homeownership ladder for many of HWR homeowners. A 2010 study
1 found that nearly 80% of
Land Trust homeowners go on to purchase market-rate homes.
Furthermore, future work-force families will benefit because the home’s re-purchase price will be
permanently affordable through the Land Trust as affordable homeownership. Therefore, providing a
long-term practice for families to become homeowners, adds value to the community, stabilizes families
and protects the investment of the subsidy by all funding sources when using the Community Land Trust
practice.
3. Supporting Residential Stability:
The HWR program provides assistance to neighborhoods in maintaining the neighborhood as it ages
enabling newcomers and families to join the community and revitalize the housing inventory and support
the investment in the delivery of the Community’s infrastructure.
4. Preserving Housing Affordability:
Community Land Trust homes remain affordable between consecutive generations of homeowners. The
resale restriction is the subsidy retention and is tied to the home not the owner. This recycling of funds
from owner to owner ensures the home remains affordable for low-to-moderate income families over a
long period.
1 Urban Institute, Shared Equity Homeownership Evaluation: Case Study of Northern Communities Land Trust, April 2010 draft (This evaluation is part of a larger study still in progress of CLTs, limited
equity co-ops and deed restriction programs)
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 3
Page 1 of 4
HWR Project/Site Information Timeline:
The graph below highlights the multiple stages involved in creating an affordable home using the Community
Land Trust practice. The graph does not include the steps raising resources to benefit and match the ward.
Please keep in mind when reviewing the timeline, multiple steps can be completed concurrently or prior to
property acquisition – therefore it does not take 12 months to purchase a home, if the applicant is financially
ready and the acquisition and rehabilitation period is less than 6 to 9 months. In addition, when reviewing
the timeline, the Application Process can take place at any time, however once a property is located and
acquired, many times applicants need to be reapproved for a mortgage, if their pre-approval is more than 60
days old.
Moreover, typically HWR adheres to practices of acquiring not more than 4 properties before successfully
executing sales purchase agreements; hence, minimizing holding costs and making the best use of monies
to implement the program.
The following outline – highlights the program’s process and guidelines that offer more information as it
relates to the timeline general categories. Even so, the list of tasks does not include detail steps, such as
income verification and funding requirements, which are specified in HWR internal checklist.
MONTHS 1 2 3 4 5 6 7 8 9 10 11 12
Creation of one Affordable Home
1. Application Process
Application/Credit Reports
Informational Meeting
Orientation & Homebuyer Education
Interviews and Income verification
Meeting with Lender process application
Pre-approvals
2. Acquisition
Property Search
Property Selection
Purchase Offer
LC Approval
Contingency Inspections (4)
Determine Scope of Rehab, Finalize Offer, Remove Contingencies
Acquire property
Inspections - Energy, Radon & PIRA, Finalize Scope of Rehab
Rehab
Final Inspections
3. Selling/Closing Process
Mortgage Application and Approval
Selection of Property
HWR Resident Committee Interview, Finalize Income Eligibility
Execute PA , Home Inspection, Attorney Review
Closing - Coordination with Funders, Buyers, Closer
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 3
Page 2 of 4
1. Applications Process: 2-6 months
1.Submission of HWR application with required financial attachments.
a.Approval for HWR to pull credit report
b.HWR orientation (Informational Meeting) and compliance with qualifications and criteria
c.Applicant meet with HWR staff to review credit reports and assist in meeting qualifications
and finalize income verification to ascertain eligibility and determine work plan to be credit
worthy to meet with loan officer
d.Attendance of a Home Stretch Class sponsored by Minnesota Homeownership Center is
required. This education is to provide basic tools to move through the process and own a
home.
e.Participation in the interviews and working sessions with HWR staff
f.Income verification of eligibility per HOME regulations
g.Select lender from approved list of CLT lenders and process application
2.Attendance by prospective applicant to a HWR Informational Meeting
3.Pre-approval from one of six lending institutions, Alerus Mortgage, Bremer Bank, BuildWealth MN,
Mid-Country Bank, US Bank and Wells Fargo
2. Acquisition & Rehab: 3-6 months
1.Property Search
a.Criteria to Real Estate Agent based on annual goals & projections, funding resources,
application pool/profile realtor previews
b.Inspects multiple properties before selecting one to continue the process
i.Initial Inspection - Property Search Criteria
ii.Location
1.Scattered site
2.Neighborhood setting with close proximity to services and transportation
3.Structural integrity and conditions of the home and property
c.Key areas of inspection
i.Adequately functioning plumbing
ii.All wells and private sewage system approved by government authority
iii.Amp service (min 100 amps)
iv.Condition of exterior - siding, soffits, roof, chimney stack,
v.Foundation/Structural Integrity
vi.GFIs in kitchen, baths and garage and grounded circuits for all appliances
vii.Ventilation in kitchen and all bathrooms
viii.Insulation, doors & windows (Blower Test)
ix.Lead base paint - exterior and interior
x.Mechanical - HVAC system and hot water heater
xi.No hazardous wiring or fixtures
xii.Radon Testing
xiii.Water intrusion – from what sources
d.Property Selection
i.Research Hennepin Property Information
ii.Create Preliminary Project Budget to determine if acquisition is feasible
iii.Determine affordability gap & funding sources.
iv.Acquisition Approval from City, when applicable
v.Initial Offer: Decision Point
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 3
Page 3 of 4
e.Purchase Offer of Selected Property (foreclosed properties take additional time)
i.Multiple offers in negotiating initial purchase price prior to the contingency period.
ii.If Applicable: Counter Offer
iii.Offer – Accepted / Not Accepted
iv.If funded by HOME, AHIF, and CDBG funds, send photo to begin SHPO &
Environmental Review
v.Execute Purchase Agreement - if land funded by HOME or CDBG – prepare
1.Non-profit Purchase Letter and
2.Seller Acceptance of Voluntary Offer
vi.Execute Purchase Agreement (PA)
f.Due-Diligence Period – PA Contingency Period
i.Includes at least three levels of inspections
1.WHAHLT Contractor
2.House Masters
3.Hennepin County
ii.Other – depending on initial inspection
iii.Request and Finalize Line of Credit for acquisition
g.Determine Rehab/Construction Requirements using the three inspections
i.Complete HWR Inspection Form
ii.Finalize Offer and Remove Contingencies if appropriate or renegotiate price or
release the PA
iii.Send Purchase Agreement that includes copies of nonprofit purchase letter and
seller’s acceptance of voluntary offer along with the Preliminary Sources & Uses,
MLS listing and tax statement to HOME, AHIF and CDBG. Title commitment and
appraisal with rental determination is submitted at a later date
iv.Implement Pre-Closing Action Items
v.Pursuant to HWR Property Acquisition Checklist
vi.Acquire Property
vii.Pursuant to required real estate transaction – law and lending practices
viii.When using HOME, AHIF, CDBG funds, schedule closing date 60 days from the date
of PA execution due to Environmental & SHPO Review
h.Post Purchase Action Items -
i.Ready the property to move to the Selling Home Process & Procedures and
Application Checklists.
ii.During the selling /selection process, a qualified family is approved and rehab/repair
work has begun on the home and completed prior to selling the home.
iii.Identify and perform rehabilitation work that is necessary to make the acquired
home hazard free and safe and ready the home for sale to a qualified homebuyer.
i.Rehab process includes but is not limited to: 1-4 months
i.Inspections
ii.Radon, Blower/Energy Tests and PIRA if necessary
iii.Preparation of inspection report
iv.Determine scope of work and cost estimates
v.Determine rehab work plan, provide written specifications
vi.Negotiate and execute scope of work – proposal/contract
vii.Commence and complete work
viii.Contractor presents to WHAHLT/HWR invoice for work with all permits and required
inspections
ix.Final inspection of work completed with permits/approvals and lien waivers
x.Review and sign off on Green Communities Intended Methods
xi.WHAHLT/HWR makes payment to contractor
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 3
Page 4 of 4
3. Selling Process: 3-6 months
During the selling/selection process, a qualified family receives approval by HWR and a preliminary
approval by the lending institution and rehab/repair work has begun on the home and completed
prior to selling the home.
1.HWR supervises the process to sell the home using the Community Land Trust practice and the
funding requirements and when HOME, CDBG or AHIF monies are used, the HOME requirements are
applied and followed.
a.Mortgage application and request pre-approval for a mortgage
b.HWR Resident Committee Interview
c.Selection of Property – show and select a home by a qualified applicant with a mortgage pre-
approval by an approved CLT lender
d.Execution of PA and all attachments and riders if necessary
e.Applicant Inspection of home
f.Applicant typically is required by lending institution to have a third party inspection and HWR
encourages the applicant to engage in a third party inspection - even if it is not required.
g.Attorney review of documents (including the ground lease) and review with prospective
homebuyer
h.Closing transaction
i.Selling of the home improvements – submitting documentation to HOME and AHIF for
verification and covenants
j.Execution of the ground lease and mortgage
Golden Valley - WHAHLT/HWR
2017 CDBG Consolidated Application
Exhibit 4
Undetermined
Feb-17
Single Property
Sources:
Homebuyer Mortgage 145,000$
City of Golden Valley CDBG 60,000$
HWR Matching Funds 113,000$
Total 318,000$
Uses:
Acquisition Costs 245,000$
Closing Costs 2,400$
Inspections/Testing 2,000$
Acquisition costs 249,400$
Adm Fee 6,500$
Project/Holding/LC/Closing Costs 14,000$
Rehab Costs 48,100$
Total 318,000$
Name of Property:
Date:
Preliminary Sources & Uses
Proposed 2017 Golden Valley Housing Project
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 5
Page 1 of 4
0
20
40
60
80
100
120
140
160
HWRHousingProductionChart
2002-12/31/2016
Resales
Sold Homes
Purchased
properties
Families
Served
Team Qualifications
West Hennepin Affordable Housing Land Trust
dba
Homes Within Reach
As of February 9, 2017 Homes Within Reach (HWR) had
acquired 134 properties since it began creating and
preserving affordable homeownership in the spring of
2002 and has assisted 150 families (includes 19 resales)
in purchasing a home.
Please refer to the Housing Chart to the left, which
illustrates the steady growth of WHAHLT - HWR from
2002 through 12/31/2016.
Homes Within Reach staff and its team of consultants
and specialized vendors (contractors, realtors, attorney,
appraiser, closer, auditor etc.,) deliver the resources,
expertise and services to accomplish the operational
responsibilities in creating and preserving affordable
homeownership using the Community Land Trust
practice by implementing the following scope of
services.
•FundDevelopment:
Access, coordinate and raise the financial resources necessary to build and sustain the capacity of the organization to
accomplishtheproposedhousingactivity.
•Housing Production:
Search, select, acquire and rehabilitate existing properties and turn around and sell the homes to a qualified
homebuyer.Meetfundersrequirementsforacquiring,renovatingandsellingthehometoaqualifybuyer.
•Partnership Development:
Createandfosterrelationships(formalandinformal)andexpertisetoservetheproposedhousingactivity.
•PropertyManagement:
Provide oversight for the rehabilitation required to make the property suitable forpermanently affordable housing and
supporthomeownersintransitiontohomeownership.
•Outreach/Marketing:
Maintain and raise community awareness of the program; implement homebuyer search and selection processes to
identify potential purchasers of homes and educate suburban communities, partners and networking resources on the
proposedhousingactivity.
•Closing Transaction:
Ensure purchasers are qualified for the purchase of the property and understand the Community Land Trust practice
and sell the property to the qualified household according to the policies and procedures of West Hennepin Affordable
HousingLandTrustandtheirfundingrequirements.
•Compliance/Reporting:
Providethenecessaryadministrative,financialandriskmanagementmonitoringandreportingresponsibilities.
•Resource/Referral Agent:
Provide ongoing resources to buyers as new homeowners and work with homeowners with respect to capital
improvements,resalesetc.
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 5
Page 2 of 4
Staff
The HWR staff includes the following:
Executive Director
Project Administrator
Administrative Coordinator – part-time third party provider
Staff implements and monitors the Homes Within Reach program guidelines and procedures that are embedded in a
variety of documents that include, but are not limited to, the Ground Lease and its addendums, procedural checklists
that incorporate funding resources, real estate and organizational compliance requirements.
Staff includes the following:
•Executive Director
Janet A. Lindbo has held the position of Executive Director since October 2004. HWR Executive Director manages
and supervises the non-profit organization, which includes, but not limited to providing fund development; housing
production and project development; organizational and financial oversight; product development; marketing and
community education; and board development. She offers expertise and experience in business development,
housing and organizational/leadership skills due to previous work experience in operating a housing/health care
organization.
•ProjectAdministrator
Doris Gruis is HWR Project Administrator since June 2006 and provided third party accounting services to WHAHLT
since January of 2005. Her responsibilities include but are not limited to, working with WHAHLT/HWR applicants in
the areas of screening applicant’s qualifications, homebuyer education, recruitment, and community education and
providing bookkeeping and accounting services to the organization. Doris is a CPA and applies her experience and
skills in working with small business owners to working with HWR applicants and vendors.
•Administrative Coordinator
HWR Administrative Coordinator responsibilities include but are not limited to working with HWR inquiries during
the initial application process and provide administrative support to the organization’s operating and selling
responsibilities. Currently, Pam Fryhling is holding this position.
KeyVendors
There are several key service providers critical in assisting HWR in the acquisition of property and the transactional
activities of the Community Land Trust; buying, selling and transfering ownership of the home and executing the
Ground Lease, which secures the property rights to the homeowner.
•Land Title Inc. provides closing services for both the purchase and sale transactions for HWR.
•House Masters provides inspection services, in addition to Hennepin County and Contractor inspection.
•Hennepin County provides PIRA and HQS Assessments
•Energy Audit is provided by GPS Inspections
•Residential Appraisal Partners Inc., provides appraisal service for acquired properties.
•Counselor Realty works with HWR in acquiring properties.
•WHAHLT’s attorney, William Henney provides legal services with respect to all closing documents, reviews legal
contracts and other organizational matters.
•Bearence Management Group acts as HWR insurance broker.
Contractor
HWR has worked with several contractors in creating affordable homeownership. They include TJU Construction,
Greater Metropolitan Housing Corporation, My Home Source and PRG serving as the general contractors. These and
other providers offer HWR a variety of services that include but are not limited to, inspections during the selection
and acquisition phases, participation in the review process, homeowner education, contracting and determing the
rehabilitative scope of services.
In an effort to stay current with building and environmental compliance requirements, contractors continue to
participate in educational and certification seminars with respect to completion of courses in lead abatement,
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 5
Page 3 of 4
energy education and other green community requirements through organizations like mngreenstar and other
educational providers for residential building contractors and hire third party experts to implement radon, blower
test/energy audits and where applicable - paint inspection risk assessment (PIRA).
Lending Institutions
Alerus Mortgage, Bremer Bank, Mid-Country Bank, US Bank and Wells Fargo are the five lending institutions that offer
mortgages to HWR applicants. The mortgage bankers representing each of the five institutions are experienced with
the Community Land Trust practice and HWR and can assist the prospective homebuyer/land trust applicant with
home financing options offered by the bank.
Attorney forBuyers
Gregory A. Lang is available for buyers to select to review the Ground Lease and other pertinent closing documents
prior to closing. Recently, the second attorney serving HWR applicants is no longer practicing law and HWR is
looking for a replacement. The attorneys attend closing with the buyers to assist the applicant with questions
concerning the closing process and or documents.
HomebuyerEducator
CAPSH - Community Action Partnership of Suburban Hennepin
8800 Highway 7, Suite 401
St. Louis Park, MN 55426
Phone: 952-933-9639
Fax: 952-933-8016
www.capsh.org
African Families Development Network
3207 Cedar Ave South
Minneapolis, MN 55407
Phone: 612-724-000
www.afdnminnesota.org
Powderhorn Residents Group, Inc.
2017 East 38th Street
Minneapolis, MN 55407
Phone 612-721-7556
Fax 612-721-7708
www.prginc.org
Northside Neighborhood Housing Services
1501 Dupont Ave North
Minneapolis, MN 55411
Phone 612-512-3581
Fax 612-522-1963
www.tcnhs.org/neighborhoods/nnhs.html
Home Ownership Center
1000 Payne Avenue, Suite 200
St. Paul, MN 55130
Phone 651-659-9336
Fax 651-659-9518
www.hocmn.org
Golden Valley – WHAHLT/HWR
2017 CDBG ConsolidatedPool Application
Exhibit 5
Page 4 of 4
TeamMember Name Phone
Number E-mail
Project Manager Janet Lindbo
952-401-7071
ext. 205
jlindbo@homeswithinreach.org
Project Coordinator Doris Gruis
952-401-7071
ext. 213
dgruis@homeswithinreach.org
Fiscal Manager Doris Gruis
952-401-7071
ext. 213
dgruis@homeswithinreach.org
Construction
Contractor/builder TJU Construction 612-386-5217 tuzzell@comcast.net
Construction
Contractor/builder
Greater Metropolitan
Housing Corporation
(GMHC)
612-619-7447 cbennett@gmhchousing.org
Construction
Contractor/builder My Home Source 612-455-0707 amhanson@alatusllc.com
Consultant David Sheridan 612-619-7447 David@WeCoachYouWin.com
Consultant:
Evan Stark Design
Vicki Stark 612-309-3995 www.esdgraphic.com
Realtor for purchase
only Counselor Realty 952-473-9500 Vicki@counselor-realty.com
Other: Land Title
Inc.Cindy Lefaive 651-697-6102 clefaive@landtitleinc.com
Other: Attorney William Henney 952-474-4406 Bhenneylaw@cs.com
Other: Credit
Counselor
Osborne
Strickland 7663-300-2644 Ows.firsthomenetwork@gmail.c
om
Other: House
Masters David Sroga 952-926-9943 David.sroga@housemaster.com
Other: Appraisal
Partners Inc.
Sue Eckman 763-503-9354 seckman@appraisal-
patners.com
Other: Residential
Energy Consultant
Gary P. Simonson 612-227-7694 simonsonenergy@comcast.net
Other:
Neighborhood
Energy Connection
Ross Anderson 651-789-5727 rossa@thenec.org
Other: Buyer
Attorney Gregory A. Lang 952-470-6361 greg@langlawoffice.com
Other: Bearence
Mgmt. Group (Ins.
Broker)
Christa Sullivan 651-379-7862 csullivan@bearence.com
Other: Hennepin
County Lead
Control
Michael Jensen 612-348-2114 Michael.Jensen@hennepin.us
Resolution 17-12 February 21, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PROPOSED APPLICATION FOR 2017 URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS
FOR WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST (WHAHLT) AND
AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT WITH URBAN
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of Golden Valley, through execution of a Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County
Community Development Block Grant Program; and
WHEREAS, the City of Golden Valley has developed a proposal for the use of 2017
Urban Hennepin County Community Development Block Grant funds.
BE IT RESOLVED, that the City Council of Golden Valley approves the following
project for funding from the 2017 Urban Hennepin County Community Development Block
Grant Program and authorizes submittal of the proposal to Hennepin County.
Activity Budget
West Hennepin Affordable Housing Land Trust (WHAHLT)$60,000
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs
its Mayor and City Manager to execute the Subrecipient Agreement and any required Third
Party Agreements on behalf of the City to implement the 2017 Community Development
Block Grant Program.
BE IT FURTHER RESOLVED, that should the final amount of FY2017 CDBG
available to the City be different from the preliminary amount provided to the City, the City
Council hereby authorizes the City Manager to adjust activity budget(s) to reflect the actual
amount of funding available.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. G. Renaming Six Election Precincts in the City
Prepared By
Kris Luedke, City Clerk
Summary
The city has eight voting precincts. As part of the 2012 redistricting, the precinct boundaries were
reestablished. By law, if a precinct boundary did not follow a physical feature (a road, lake,
railroad track, etc.) the precincts involved had to be specially named to show the correlation
between the precincts. As an example, Precincts 1a and 2a, Precincts 3c and 5c and 7b and 8b.
This information basically was only a reference as part of the Office of Secretary of State’s
Statewide Voter Registration System.
In 2015, the legislature repealed this requirement. Staff now recommends renaming the
precincts that were previously renamed to reflect how voters, election judges, and candidates
commonly call the precincts. Staff proposes that:
Precinct 1a (NE Fire Station) and Precinct 2a (Valley Presbyterian Church) be renamed Precinct 1
and Precinct 2.
Precinct 3c (Meadowbrook School) and 5c (SE Fire Station) be renamed Precinct 3 and Precinct 5.
Precinct 7b (Sandburg Learning Center) and Precinct 8 (Brookview Community Center) be
renamed Precinct 7 and Precinct 8.
Precinct 4 (LOGIS) and Precinct 6 (Golden Valley City Hall) will remain to same.
Attachments
•Map of Golden Valley Voting Precincts with overstrikes (1 page)
•Resolution Renaming Six Precincts in the City ( 1 page)
Recommended Action
Motion to adopt Resolution renaming Six Precincts in the City.
City of Golden Valley Voting Precincts
Precinct 1a
NE Fire Station
3700 Golden Valley Rd
Precinct 2a
Valley Presbyterian Church
3100 North Lilac Dr
Precinct 3c
Meadowbrook School
5430 Glenwood Ave
Precinct 4
LOGIS
5750 Duluth St
Precinct 5c
SE Fire Station
400 Turners Crossroad S
Precinct 6
Golden Valley City Hall
7800 Golden Valley Rd
Precinct 7b
Sandburg Learning Center
2400 Sandburg Lane
Precinct 8
Brookview Community Center
200 Brookview Parkway
CITY OF NEW HOPE CITY OF CRYSTAL
CITY OF ST LOUIS PARK
CITY OF ROBBINSDALE
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Wayzata Blvd
Knoll St
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N Frontage Rd
S c o t t
Q u e b e c A v e N
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Country Club Dr
26th Ave N
Sandburg Rd
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M a n o r D r
Winsdale St
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Earl St
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Cortlawn Cir S
I d a h o A v e N
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Theodore Wirth
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(Mpls Park & Rec Board)
School Districts
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1aDIST. 45DIST. 281
DIST. 270DIST. 46
DIST. 45
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Resolution 17-13 February 21, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION RENAMING SIX PRECINCTS IN THE CITY
WHEREAS, Minnesota Statute, Section 204B.14 states that a municipality shall
establish the boundaries of the election precincts in the municipality; and
WHEREAS, Minnesota Statute, Section 204B.16 states that a municipality shall
designate by ordinance or resolution a polling place for each election precinct; and
WHEREAS, the legislature repealed the requirement that precinct boundaries that
do not follow a physical feature must show a correlation between the precincts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that it hereby that the following precincts are hereby renamed:
•Precinct 1a (NE Fire Station) and Precinct 2a (Valley Presbyterian Church) be
renamed Precinct 1 and Precinct 2.
•Precinct 3c (Meadowbrook School) and 5c (SE Fire Station) be renamed Precinct
3 and Precinct 5.
•Precinct 7b (Sandburg Learning Center) and Precinct 8 (Brookview Community
Center) be renamed Precinct 7 and Precinct 8.
__________________________
Shepard M. Harris, Mayor
ATTEST:
____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. H. Authorize Agreements to Upgrade the City’s Asset Management Software
Prepared By
Sue Virnig, Finance Director
Marc Nevinski, Physical Development Director
Eric Eckman, Public Works Specialist
Summary
The City received a quote from Cartegraph Systems, Inc. to upgrade its existing asset
management software from the older desktop version to the mobile web-based platform. The
older desktop version of Cartegraph is no longer being enhanced or supported and annual fees
are increasing as a result.
The City has made significant investments in its infrastructure, including mapping and data that
support the physical infrastructure. As part of this investment, the City purchased Cartegraph in
2006 to help inventory, track, and report on the maintenance of many public assets. In addition
to tracking and reporting on maintenance activities and costs, the software is being used to
analyze workflows, program infrastructure improvements, and aid in overall decision-making.
Upgrading Cartegraph software to the mobile web-based platform will allow the City to bring
mapping, asset management and work management tools to the field, streamlining workflows
and data entry, improving customer service and creating efficiencies across multiple divisions.
The City is managing the following assets in Cartegraph:
•Vehicle maintenance fleet and parts
•Sanitary sewer mains and structures
•Water mains, laterals, hydrants, valves, main break reporting
•Storm sewer mains and structures
•Stormwater treatment facilities, ponds & wetlands, MPCA Stormwater permit reporting
•Street segments, pavement condition and analysis
•Pavement markings (striping)
•Street signs
•City trees
•Snow plowing
With the software upgrade, the City plans to add several more assets including bridges, retaining
walls, trails and sidewalks, street lights and signals, park equipment, and buildings.
Cartegraph is integrated with Esri Geographic Information System (GIS) mapping technology to
provide powerful spatial analysis and mapping capabilities. As part of the Cartegraph upgrade,
the City’s GIS licensing must be restructured to a server and web-based environment. The City
has obtained a quote from Esri for licensing that will integrate with Cartegraph and provide the
mapping software and services required for the City to manage its GIS data.
The cost to implement the Cartegraph upgrade including software, data migration, configuration,
and training is $95,785.03. The cost to upgrade the GIS licensing is $25,000. The total
implementation cost is $120,785.03.
The City’s 2017-2021 Capital Improvement Program has $132,000 for implementation of this
software upgrade in 2017 from the following sources:
Vehicles and Equipment (V&E-150, page 48)$ 60,000
Storm Sewer (SS-55, page 95)$ 30,000
Water & Sanitary Sewer (W&SS-79, page 105) $ 30,000
Streets (S-32, page 113)$ 12,000
$132,000
Attachments
•Cartegraph Systems, Inc. Master Agreement and Purchase Agreement (22 pages)
•Esri Enterprise License Agreement (9 pages)
Recommended Action
Motion to authorize Agreements to upgrade the City’s Asset Management Software: Cartegraph
Systems, Inc. Master Agreement and Purchase Agreement in the amount of $95,785.03 and Esri
Enterprise License Agreement in the amount of $25,000.
Cartegraph Master Agreement Agreement No.#MA248
This Agreement is by and between Cartegraph Systems,Inc.,an Iowa corporation having its principal place of business at
3600 Digital Drive, Dubuque, Iowa,52003("Cartegraph"), and City of Golden Valley("Customer")with an address of 7800
Golden Valley,Golden Valley, MN 55427 dated January 20,2017.
This Agreement is intended to serve as the primary controlling agreement between the parties.This Agreement includes the
following terms and conditions, as well as all Exhibits and Addendums to this Agreement, Purchase Agreements,and all other
future agreements referencing this Agreement which Cartegraph and Customer may execute from time to time for the
purchase of Software, Support, Services and Hosting. Collectively these are referred to as"Products". The terms and
conditions herein provided shall be controlling as between Cartegraph and Customer unless specifically superseded by an
Exhibit to this Agreement, a contemporaneously or subsequently executed Purchase Agreement,or any other
contemporaneously or subsequently executed agreement specifically referencing this Agreement.
BY EXECUTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS AND
CONDITIONS ON THE FOLLOWING PAGES IN ADDITION TO ANY EXHIBITS AND PURCHASE AGREEMENTS AND
CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT.
Cartegraph Systems, Inc. City of Golden Valley
By By
(Signature) (Signature)
Tim McCool
(Type or print name) (Type or print name)
Title Director of Sales Title
Date Date
1 Cartegraph_MPA 04-2013
The following are the terms and conditions under which Cartegraph licenses its Software and provides Support, Services and
Hosting as listed in the Exhibits and Purchase Agreements referencing this Agreement.
1. Grant of License to Software.
A. Cartegraph is licensed by third parties("Third Party Licensors")to sublicense certain third party software products to
Customer and to offer services to Customer for these third party software products under this Agreement.
B. Each Software product, including all data programs or set of programs,or routines and subroutines,consisting of a
series of instructions or statements in machine readable form,and including any documentation relating to or
describing such Software, such as, but not limited to manuals,online documentation and user instructions,flow
charts,database schemas and improvements or updates provided by Cartegraph(collectively"Software"), is
furnished to Customer under a personal, non-exclusive, nontransferable limited license solely for Customer's own
internal use on Host Computer System(as defined below)and with Customer's Clients.
1. Host Computer Systems, if applicable, are Servers owned or controlled by Cartegraph that Customer may
access under this Agreement(the provision of this service is herein referred to as"Hosted"or"Hosting").
2. Servers are personal computers, minicomputers,mainframes,workstations, and terminal devices that interact
with Client Software and have been approved by Cartegraph or Third Party Licensors for operation of Software.
3. Server Software is a copy of Software residing on a server, multiple servers, or a Host Computer System.
4. Clients are personal computers, minicomputers,mainframes,workstations, mobile devices, and terminal devices
that interact with Server Software and have been approved by Cartegraph or Third Party Licensors for operation
of Software.
5. Client Software is a copy of Software residing on a Client that interacts with Server Software.
6. Data Files are those files which contain data that is input by the Customer during the use of the Software.
C. Customer agrees that the number of users licensed will be listed in the Purchase Agreement and only that number of
users may use the Software at any given time.
1. If Customer has purchased a Per-User License, as indicated in the Purchase Agreement,only a finite number of
licenses have been purchased by Customer and only that finite number of users may access and use the
Software at any given time.The specific number of licenses purchased shall be identified in the Purchase
Agreement.
2. If Customer has purchased an Unlimited License,as indicated in the Purchase Agreement,all employees of
Customer are considered to be licensed to access and use the Software at any given time.Such Unlimited
License applies only to employees of Customer and does not allow the access or use of the Software by any
independent contractors, affiliated entities or organizations,or any other individual, party,or entity that is not an
employee of Customer.
D. Customer agrees the Software license for the Software is limited as follows:
1. Browser Based User—Each browser based user is defined by unique ID and password.
2. For Server Software—one copy of Server Software for each Server or, if Hosted, no copies of Server Software
for a Server that is not a Host Computer System.
E. Customer agrees that this license does not permit Customer to:(1)use the Software for a service bureau application
or(2)sublicense the Software.
F. Except as set forth in this Agreement or as may be permitted in writing by Third Party Licensors, Customer shall not
use,provide or otherwise make available the Software or any part or copies thereof to any third party.
G. Customer shall not, and shall not permit others to:
1. Reverse engineer, decompile,decode, decrypt,disassemble,or in any way derive source code from the
Software;
2. Modify,translate, adapt, alter,or create derivative works from the Software;
3. Copy, (other than one back-up copy), distribute, publicly display,transmit,sell, rent, lease or otherwise exploit
the Software;or
4. Distribute,sublicense, rent, lease, loan(or grant any third party access to or use of)the Software to any third
party.
H. Customer may make copies of the Client Software for archival purposes.The Server Software may not be copied, in
whole or in part.
2. Title to Software and Data Files.
2 Cartegraph_MPA 04-2013
A. Ownership of the Software, any portions thereof and any modifications,translations,or derivatives thereof, even if
unauthorized, remains with Cartegraph or Third Party Licensors, as do all applicable rights in patents,copyrights and
trade secrets and any other proprietary rights in the Software. Software provided hereunder is valuable, proprietary
and unique,and Customer agrees to be bound by and observe the proprietary nature thereof as provided herein.
B. Customer acknowledges that unauthorized reproduction, use,or disclosure of the Software or any part thereof may
cause irreparable injury to Cartegraph or Third Party Licensors,who may therefore be entitled to injunctive relief to
enforce these license restrictions, in addition to any other remedies available at law, in equity,or under this
Agreement.
C. Customer agrees that Cartegraph or Third Party Licensors may audit Customer's Software usage remotely or on-site
during Support, Services or Hosting or upon reasonable notice and during standard business hours. Prevention of
audit by Customer may be grounds for termination of this Agreement.
D. Cartegraph agrees that ownership of data in Data Files remains with Customer. However, Customer agrees that
Cartegraph may access Data Files and grants Cartegraph a license to use the data for 1)internal business purposes
to evaluate the use and operation of the Software, Support,Services or Hosting;and 2)marketing purposes provided
that any information shared with third parties is anonymized and/or aggregated so that Customer cannot be identified
from the information.
3. License Fees,Support Charges,Services and Hosting Charges.
A. Customer agrees to pay the license fees for the Software, Support charges, Services charges and Hosting charges
as set forth in the Purchase Agreement for each Product.
B. Cartegraph agrees that the total amount listed in the Purchase Agreement shall be considered the not-to-exceed
price for the Software, Support, Services and Hosting included in that Purchase Agreement. Hosting includes 50G of
available file storage. If additional storage is required,the Customer can purchase in 50G increments.
C. Customer agrees that all payments are due 30 days from date of invoice and Customer shall be in default if amounts
due have not been received in that time period. Customer's default will constitute sufficient cause for Cartegraph to
suspend or terminate the Software license, Support, Services and Hosting under this Agreement.
D. Customer shall be invoiced for Software, Support, Hosting and hardware upon delivery.Customer shall be invoiced for
Services as set forth in the Purchase Agreement.
E. Customer shall reimburse Cartegraph for reasonable expenses incurred during the provision of Support, Services or
Hosting. Reasonable expenses include, but are not limited to,travel, lodging, and meals. Expenses are billed based
on actual costs incurred. Estimated expenses shall be included in each Purchase Agreement and include the number
of trips to customer site.Cartegraph shall not exceed the estimated expenses without written approval from
Customer.
4. Delivery and Installation.
A. On-Site Installation
1. This subsection"A"regarding On-Site Installation shall apply if Customer elects, as indicated in the Purchase
Agreement,to have Software and Products installed on Customer's Servers and Client computers at Customer's
facilities("On-Site")instead of utilizing Cartegraph Hosting Services.
a. Execution of a Purchase Agreement by Customer shall be considered as Customer's notification to
Cartegraph to proceed with delivery of the Products identified in the Purchase Agreement.
b. Delivery of Software and Support shall take place reasonably quickly after execution of the Purchase
Agreement.Cartegraph shall provide access to the Software to Customer in a downloadable form.
Notification by Cartegraph that Software is available for download shall constitute delivery of Software and
Support, regardless of when Customer downloads the Software.
c. Customer shall be responsible for installation of the Client Software on Customer's Clients, unless agreed
otherwise.
d. After execution of the Purchase Agreement, delivery of Services will be scheduled in cooperation with
Customer. Customer shall remain responsible for Service charges even if Services are not delivered.
e. Any hardware included in the Purchase Agreement shall be ordered after execution of the Purchase
Agreement. Delivery of hardware will be scheduled in cooperation with Customer.
B. Hosting
1. This subsection"B"regarding Hosting shall apply if Customer elects,as indicated in the Purchase Agreement,to
utilize the Hosting services offered by Cartegraph instead of having the Software installed On-Site, as described
in the previous subsection.
3 Cartegraph_MPA 04-2013
a. Execution of a Purchase Agreement shall be considered as Customer's notification to Cartegraph to
proceed with delivery of the Software and Services as indicated in the Purchase Agreement.
b. Delivery of Software, Support,and Hosting shall take place reasonably quickly after execution of the
Purchase Agreement.Cartegraph shall provide access to the Server Software to Customer on a Host
Computer System. Notification by Cartegraph that Server Software is available for access shall constitute
delivery of Server Software, Support and Hosting, regardless of when Customer first accesses the Server
Software.
c. Cartegraph shall be responsible for installation of the Server Software on Cartegraph's Host Computer
System.Customer shall be responsible for installation of the Client Software on Customer's Clients, unless
agreed otherwise.
d. After execution of the Purchase Agreement, delivery of Services will be scheduled in cooperation with
Customer.Customer shall remain responsible for Service charges even if Services are not delivered.
e. Any hardware included in the Purchase Agreement shall be ordered after execution of the Purchase
Agreement. Delivery of hardware will be scheduled in cooperation with Customer.
2. Hosting Services
a. Cartegraph will install,and operate Server Software on one or more Host Computer Systems.
b. Cartegraph will provide all equipment, software and services necessary for the operation, maintenance and
support of one or more Host Computer Systems and the Server Software.Cartegraph may contract with third
parties for all or part of such equipment, software and services("Third Party Hosts"). Cartegraph reserves the
right to change the configuration of the Host Computer System and the Server Software and to change or
delete such equipment or software at any time, but Cartegraph shall make the Software compatible with such
change or deletion without additional charge to Customer.
c. Customer shall have access to and be permitted to use the Server Software via Clients.
d. Customer shall provide a computing and networking environment that meets the minimum requirements set
forth in Cartegraph's published specifications.
e. Customer shall be responsible for all bandwidth between Host Computer System and Clients and in such
amounts as to provide reasonable responsiveness of the system.
f. Cartegraph shall perform a full back-up of data files on a daily basis. The daily full back-up will be retained
for(14)fourteen days and then deleted unless customer contracts for additional days. Cartegraph's hosting
services uses RAID 10 which both mirrors the data and stripes across multiple drives creating redundancy.
Cartegraph hosting services have dual redundancy with offsite back-up storage and a back-up data centers
g. The Host Computer System shall be used by Customer only for purposes relating to Customer's own use of
the Software.Customer shall have no right to assign any of its rights under this section.
h. Customer agrees that it shall be bound by the terms and conditions of any agreement between Cartegraph
and any Third Party Hosts that relate to the use and operation of Host Computer Systems. Cartegraph will
apprise Customer of the terms and conditions of such agreements from time to time.
i. Cartegraph will take reasonable precautions to guard against unauthorized access to Data Files. However,
Cartegraph assumes no responsibility that the Software will be used properly.
j. Customer shall have the right to receive Data Files within sixty(60)days of termination of any Hosting on the
condition that customer has paid all outstanding invoices owed to Cartegraph.
3. Availability of Host Computer System.
a. If Cartegraph contracts with a Third Party Host to provide Hosting, the service level provided by the Third
Party Host shall be the service level provided by Cartegraph to Customer, except as required for Cartegraph
to provide Support under this Agreement.
b. In general, Server Software will be available for use and access by Customer 24 hours a day,7 days a week,
except for scheduled maintenance to take place at commercially reasonable times. Furthermore, if access to
the Server Software becomes a problem,then Cartegraph shall provide Support in view of the severity of the
problem.
c. Server Software will be available for use and access by Customer during back-up activities performed by
Cartegraph.
4 Cartegraph_MPA 04-2013
5. Support.
A. Scope of Support. Support includes the response to and resolution of Customer-encountered problems with the
Software as reported to Cartegraph by Customer.
1. Resolution of Customer-encountered problems shall, at Cartegraph's option, consist of(1)maintenance provided
through telephone,email or remote access;(2)correction of the problem in the Software program;or(3)delivery
of bug fixes or workarounds limited to the current or immediate prior Software release.
2. Cartegraph will only support licensed Software located on Servers or Clients.Cartegraph will use commercially
reasonable efforts to respond to Customer problems according to the priority level of the problem.
3. Support may also include upgrades to Software.
B. Support Limitations.Any Support is dependent upon the use by Customer of unmodified Software(except as
authorized by Cartegraph)operated in accordance with Cartegraph's documentation. Support specifically excludes
the following: (1)Support to a version of Software other than the current or immediate prior release;(2)efforts to
restore a release of the Software beyond the current or immediate prior release; (3)efforts to restore a Customer
Data File beyond the most recent back-up;and(4)efforts to convert a Customer Data File to another format.
As part of Support, Cartegraph is under no obligation to modify the Software so that the modified Software would depart
from Cartegraph's published specifications for the Software.
6. Professional Services.
A. The professional consulting services and deliverables to be performed or delivered by Cartegraph under this
Agreement may include, but are not limited to:consulting, network engineering,systems integration, hardware
installation, special studies, pre-installation support, installation of Client Software, installation support,training,
custom Software modification,tools/utilities components, programming and documentation,data conversion,
application design and development,systems analysis and design, conversions, implementing planning and
implementation of the Software(collectively referred to as the"Services").
B. Services shall only be provided as the result of a Purchase Agreement and any attached statements of work.
C. Services will be provided during the hours of 7:00 a.m.to 7:00 p.m., Central Standard or Central Daylight Time,
whichever is applicable, Monday through Friday excluding holidays.
7. Customer's Responsibilities.
A. Customer is responsible for maintenance and installation of any Clients, common carrier equipment or
communication equipment related to the operation of the Software and not furnished by Cartegraph. Before Customer
introduces equipment not within Cartegraph's published specification, Cartegraph must approve the additional
equipment.
B. Customer is responsible for charges incurred for communication facilities at Customer's facilities,whether incurred by
Customer or by Cartegraph Support representatives while performing Support on the Software.
C. Customer is responsible for performing Software back-ups in accordance with published documentation.
D. Customer shall notify Cartegraph of any problem and shall allow Cartegraph reasonable access to the Software for
performing Support, Services or Hosting.
E. Customer shall furnish Cartegraph,at Customer's expense,all technical data and information as may be necessary
to furnish Support, Services or Hosting.
F. Customer shall grant Cartegraph access to Servers and Clients as may be necessary for the adequate delivery of the
Support,Services or Hosting.
8. Software Modification.Cartegraph and Third Party Licensors will not be responsible to Customer for loss of use of the
Software or data or for any other liabilities arising from alterations,additions, adjustments or repairs which are made to the
Software by Customer or third parties. Cartegraph reserves the right to terminate the Software license,Support, Services
or Hosting under this Agreement upon written notice to Customer if any such alteration,addition,adjustment or repair
adversely affects Cartegraph's ability to render Support, Services or Hosting.
9. Term.
A. Unless terminated by Cartegraph in accordance with this Agreement,the term of the Software license,Support and
Hosting shall begin upon the execution of a Purchase Agreement and shall continue for the period of time identified in
that Purchase Agreement.
B. Support for any subsequently added components or upgrades shall be either coterminous with the term of Support
applicable to the Software initially covered or as otherwise agreed and stated in the Purchase Agreement.
C. If Customer elects to purchase Services,then Services shall terminate as agreed in the appropriate Purchase
Agreement.
5 Cartegraph_MPA 04-2013
D. Unless otherwise stated in the most recently executed Purchase Agreement,this Agreement and the Purchase
Agreement shall automatically renew at the then current rates for a one(1)year term beginning on the first day
following the date identified in the Purchase Agreement as the end of the term of this Agreement. Such automatic
renewal shall continue after the end of each successive year until a new Purchase Agreement is executed or until
Customer or Cartegraph terminate this Agreement as provided for herein.
E. If this Agreement and the most recently executed Purchase Agreement are automatically renewed under the terms of
the previous paragraph"D",there shall be an automatic increase of up to five percent(5%)annually to all prices that
were in effect during the immediately previous term.
F. If Customer wishes not to renew this Agreement, Customer must provide written notice of Customer's intent not to
renew this Agreement at least ninety(90)days prior to the end of the term then in effect.
G. Notwithstanding anything to the contrary in this Section, Support, Services and Hosting shall terminate immediately
upon termination of this Agreement.
10. Termination.
A. Notwithstanding the foregoing, Cartegraph shall have the right to terminate this Agreement if Customer fails to pay
any and all required license fees, Support charges, Services charges, Hosting charges or otherwise fails to comply
with this Agreement or the terms and conditions of any applicable Third Party Licensor agreement.
B. Upon expiration of the license term or upon notice of such termination, Customer shall immediately return or destroy
the Software and all portions and copies thereof as directed by Cartegraph or Third Party Licensors and, if requested
by Cartegraph or Third Party Licensors,shall certify in writing as to the destruction or return of the same.
C. Any termination of this Agreement shall automatically terminate Support, Services and Hosting provided under any
Purchase Agreement or Statements of Work, unless otherwise agreed.All confidentiality and non-disclosure
obligations shall survive any such termination.
D. Customer shall have the right to terminate this Agreement,according to the terms provided herein, by returning or
destroying the Software and all portions and copies thereof and certifying in writing as to the destruction or return of
the same.
E. If Customer wishes to terminate this Agreement prior to the end of the term of this Agreement as identified above or
in the appropriate Purchase Agreement, Customer must provide Cartegraph with written notice of such intent to
terminate at least ninety(90)days prior to such termination.Any such termination by Customer shall subject
Customer to the cancellation fee identified below.
F. If Customer terminates before the date set in the Purchase Agreement, Customer shall pay a cancellation fee equal
to 80%of the remainder of licensing fees, Support charges and Hosting charges due under this Agreement.There
shall be no cancellation fee for Services not yet performed. However, no matter the reason, Customer's termination
shall not relieve it of the obligation to pay any amounts already due under this Agreement.
G. Provided however, if Customer is a governmental entity and Software, Support,Services or Hosting are not funded
for future fiscal years under the appropriate legal budgeting process for such governmental entity, Customer may
terminate for future fiscal years with the cancellation fee identified in the previous paragraph reduced from 80%to
20%. There shall be no cancellation fee for Services not yet performed. However, no matter the reason, Customer's
termination shall not relieve it of the obligation to pay any amounts already due under this Agreement.
H. Cartegraph shall have the right to terminate Hosting, if Hosting services are being provided, by giving at least ninety
(90)days written notice that Cartegraph cannot meet its obligations of availability of the Host Computer System.
I. In addition to the right of termination provided to Cartegraph under other sections of this Agreement, Cartegraph shall
have the right to terminate the Software license,Support, Services and/or Hosting upon the occurrence of any of the
following events:
1. Customer's oldest invoice is ninety(90)days past due. Support hold will be initiated when customer's oldest
invoice is thirty(30)days past due or,
2. Subject to applicable law,the appointment of a receiver,trustee in bankruptcy or similar officer for the equity or
assets of Customer,or
3. There is an assignment of this Agreement without the prior written consent of Cartegraph.
J. Termination shall not be Cartegraph's exclusive remedy and termination shall not adversely affect any claim for
damages against Customer.
11. Limited Warranty.
A. Cartegraph warrants that it has the right to sublicense the Software being licensed hereunder pursuant to the terms
provided herein.
B. Cartegraph warrants that the Software will conform to Cartegraph's published specifications until Support ends.
6 Cartegraph_MPA 04-2013
C. Provided that the Software is used in a manner for which it was designed as set forth in the Software, Cartegraph's
sole obligation and liability hereunder for the Software shall be to use reasonable efforts to remedy any substantial
non-conformance which is reported to Cartegraph. In the alternative, Cartegraph may refund amounts paid by
Customer pursuant to Purchase Agreements for such Software products.
D. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION,THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE LICENSED HEREUNDER.
E. SUPPORT, SERVICES AND HOSTING SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION,ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SUPPORT, SERVICES AND HOSTING PROVIDED UNDER THIS
AGREEMENT DO NOT ASSURE THE UNINTERRUPTED OPERATION OF THE SOFTWARE.
F. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE SOFTWARE LICENSE,
SUPPORT OR SERVICES.THE REMEDY SET FORTH IN THIS SECTION IS CARTEGRAPH'S SOLE LIABILITY,
AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, IN LIEU OF ALL OTHERS, FOR ANY BREACH BY
CARTEGRAPH OF ITS SOFTWARE, SUPPORT,SERVICES AND HOSTING WARRANTIES HEREUNDER.
12. Limitation of Liability.TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW:
A. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING,WITHOUT LIMITATION, LOST
PROFITS OR LOSS OF DATA, HOWEVER ARISING, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES;
B. EXCEPT FOR DAMAGES RESULTING FROM BODILY INJURY OR PATENT OR COPYRIGHT INFRINGEMENT,
AS DISCUSSED BELOW, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF EITHER PARTY TO
THE OTHER UNDER THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY,
EXCEED THE AMOUNT PAID BY CUSTOMER TO CARTEGRAPH DURING THE TWELVE(12)MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING CAUSE TO SUCH LIABILITY.
C. If Cartegraph will provide Support or Services at Customer's location, liability of Cartegraph arising out of bodily
injury,shall not in any event exceed the limits of its insurance coverage.
13. Insurance. If Cartegraph will provide Support or Services at Customer's location, Cartegraph will carry commercial
general liability insurance with a limit of$1,000,000 per occurrence and a$2,000,000 aggregate limit, business auto
liability insurance with a limit of$1,000,000 and workers compensation insurance with statutory coverage. Cartegraph
agrees to hold harmless and defend Customer and its agents,officials and employees from bodily injury and property
damage claims related to or caused by the sole negligence of Cartegraph employees or contractors.
14. U.S.Government Restricted Rights.The Software is commercial software and the Software is provided with restricted
rights. Use,duplication or disclosure by the Government is subject to restrictions as set forth in paragraph(c)(1)(ii)of the
Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 of subparagraphs(c)(1)and(2)of the
Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19,as applicable.
15. Employees and Conflicts of Interest.This Agreement shall not prevent Cartegraph from performing similar services or
restrict Cartegraph's use of the employees or contractors provided under this Agreement.
16. Proprietary Rights and Confidential Information of Cartegraph.
A. Certain information and materials supplied by Cartegraph with the Products,such as, without limitation, deliverables,
manuals,diagrams,drawings, plans,flowcharts,software,technical processes and formulae,source codes, product
designs,sales,costs and other unpublished financial information, product and business plans, usage rates,
relationships, projects and data, are Cartegraph's or Third Party Licensors'confidential or proprietary trade secrets
(the"Confidential Information")and Cartegraph furnishes them solely to assist Customer in the installation, operation
and use of Software. Customer must not reproduce, copy or disclose such Confidential Information except as is
reasonable and necessary to properly use Software. Nothing herein shall restrict Customer from complying with its
obligations under any law requiring disclosure, but Customer shall give Cartegraph five days prior notice before any
release of Confidential Information.
B. Customer acknowledges and agrees that Cartegraph or Third Party Licensors shall suffer irreparable injury not
compensable by money damages and therefore shall not have an adequate remedy at law in the event of an
unauthorized use of proprietary rights or an unauthorized use or disclosure of any Confidential Information in breach
of the provisions of this Agreement.Accordingly, Cartegraph or Third Party Licensors shall be entitled to injunctive
relief to prevent or curtail any such breach,threatened or actual.The foregoing shall be in addition and without
prejudice to such rights that Cartegraph or Third Party Licensors may have at law or in equity.
17. Proprietary Information of Customer.
A. In order to provide Products under this Agreement, Customer may,from time to time,disclose to Cartegraph certain
information respecting Customer's technical,financial, statistical and personnel data, (hereinafter"Information").Any
7 Cartegraph_MPA 04-2013
such Information which is submitted in writing to Cartegraph by the Customer and which is clearly and conspicuously
marked as confidential shall be protected by Cartegraph against unauthorized disclosure by using the same degree
of care and discretion that Cartegraph uses with similar Information which Cartegraph does not want disclosed to
third parties. However, Cartegraph shall not be required to protect Information which(a)is or becomes publicly
available, (b)is already in Cartegraph's or its related companies'possession,(c)is independently developed by
Cartegraph outside the scope of this Agreement,or(d)is rightfully obtained from third parties. Cartegraph's
obligations under this Section shall cease immediately upon return to Customer or destruction by Cartegraph of such
Information.
B. Cartegraph shall not be required to protect any ideas,concepts, know-how,or techniques relating to data, electronic
document processing and image processing developed or resulting from the Information or the Services provided
under this Agreement.
18. Infringement Indemnification.
A. Cartegraph or Third Party Licensors will defend any action, suit or proceeding brought against Customer if based on
a claim that Products infringe any United States patent or copyright of any third party("Intellectual Property")provided
that Customer promptly notifies Cartegraph or Third Party Licensors immediately and gives Cartegraph or Third Party
Licensors full authority, information and assistance for the action's defense. Cartegraph or Third Party Licensors will
pay all damages and costs awarded therein against Customer, but shall not be responsible for any compromise made
without its consent. Cartegraph or Third Party Licensors may, at any time it is concerned over the possibility of such
an infringement, at its option and expense, replace or modify Products so that infringement will not exist. In the
alternative, Cartegraph may remove a component of Products involved and refund to Customer the price as
depreciated by an equal annual amount over five(5)years.
B. Cartegraph and Third Party Licensors shall have no liability to Customer if any Intellectual Property infringement or
claim thereof is based upon the use of Products in connection or in combination with equipment,devices,or software
not supplied by Cartegraph or used in a manner not expressly authorized by this Agreement or in a manner for which
Products were not designed, or if the claim of infringement would have been avoided but for Customer's use of
software other than the latest, unmodified release of Software made available to Customer by Cartegraph.
C. Customer shall indemnify and hold Cartegraph and Third Party Licensors harmless from any loss,cost or expense
suffered or incurred in connection with any claim,suit or proceeding brought against Cartegraph or Third Party
Licensors so far as it is based on a claim that the use,sale or licensing of any Products delivered hereunder and
modified or altered or combined with any products, device,or software not supplied by Cartegraph hereunder
constitutes an infringement because of such modification, alteration or combination.
19. Miscellaneous.
A. Taxes.Customer shall pay all taxes, levies and similar governmental charges, however designated,and all liabilities
with respect thereto which may be imposed by any jurisdiction, including,without limitation,customs, privilege,
excise, sales, use,value-added and property taxes levied or based on gross revenue or operation of this Agreement,
except those taxes based upon Cartegraph's net income.
B. Relationship of the Parties:Cartegraph and Customer are independent of each other.This Proposal does not and is
not intended to create in any way or manner or for any purpose an employee/employer relationship or a principal-
agent relationship. Neither party is authorized to enter into agreements for or on behalf of the other,to create any
obligation or responsibility,express or implied,for or on behalf of the other,to accept payment of any obligation due
or owed the other,or to accept service of process for the other. Cartegraph is an independent contractor,customarily
engaged in the performance of similar services for other parties.
C. Attorney's Fees/Legal Proceedings: In the event of any litigation or other proceeding between the parties relating to
this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and other reasonable costs
incurred in connection therewith and in pursuing collection,appeals and other relief to which that party may be
entitled.
D. Export. Customer agrees that the Software, Support, Services and Hosting purchased hereunder will not be exported
directly or indirectly, separately or as part of any system,without first obtaining a license from the U.S. Department of
Commerce or any other appropriate agency of the U.S. Government, as required.
E. Assignment. Customer may not assign,voluntarily or by operation of law, any of its rights or obligations in this
Agreement except with Cartegraph's prior written consent. This Agreement will be binding on and inure to the benefit
of the parties hereto and their respective successors and permitted assigns.
F. Waiver.The parties'rights and remedies are separate and cumulative. Neither parties'waiver nor failure to exercise
in any respect any right or remedy provided in this Agreement is a waiver of any future right or remedy hereunder.
G. Force Majeure. If any cause beyond Cartegraph's reasonable control prevents Cartegraph from performing under this
Agreement by a given date or time, Cartegraph's performance will be automatically postponed.
8 Cartegraph_MPA 04-2013
H. Choice of Law. Cartegraph agrees that jurisdiction and venue are proper in the state where the Customer has its
principal place of business and that the law of the state where the Customer has its principal place of business shall
govern any litigation that results from this Agreement.
I. Severability.The invalidity of any provision of this Agreement will not affect the validity and binding effect of any other
provision.
J. Notice. Notices hereunder must be sent to the addresses on the face of this Agreement, or to such other addresses
as specified by a notice complying with this provision. Notice is effective on the earlier of actual receipt or five days
after deposit in the mail.Notices in the form of a fax or email are acceptable. Notices must be sent to the attention of
the person signing on behalf of the party.
K. Entire Agreement.This Agreement constitutes the entire agreement between the parties on the subject matter hereof
and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals,written or
oral between Cartegraph and Customer.This Agreement is not an acceptance of any conflicting terms and conditions
and will prevail over any conflicting Customer's terms and conditions. Notwithstanding the foregoing,Customer
agrees and acknowledges that the license(s)granted hereunder to Customer may be subject to additional terms and
conditions of certain Third Party Licensors,which terms and conditions may be subject to change from time to time
without notice at the sole discretion of such Third Party Licensors. A current copy of all such Third Party Licensor
terms and conditions can be found at http://www.cartegraph.com/privacy-policv/#third-party-licenses.
L. Amendment.Only a writing executed by authorized representatives of the parties and referenced as an amendment
to this Agreement may modify,supplement,or change this Agreement.
M. Customer gives Cartegraph permission to use customer's organization name and/or logo for promotional purposes,
including, but not limited to industry announcements, public press releases, and customer stories.
9 Cartegraph_MPA 04-2013
Purchase Agreement
Cartegraph is pleased to present this Purchase Agreement for the implementation of world class technology solutions.
This Purchase Agreement is made and entered into between City of Golden Valley(hereinafter referred to as
"Customer" or"Licensee" and Cartegraph Systems, Inc.(hereinafter referred to as "Cartegraph"). This Purchase
Agreement is intended to supplement, clarify, and amend the Master Agreement previously executed between
Cartegraph and Customer. In the case that any terms or conditions provided in the Master agreement differ from, are
provided in more detail by, or are made irrelevant by the terms and conditions provided in this Purchase Agreement, the
terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement,
the Master Agreement,#MA248 dated January 20, 2017 shall control.
Customer Bill To: Customer Ship To:
Eric Eckman Same
City of Golden Valley
7800 Golden Valley
Golden Valley, MN 55427
763-593-8084
Investment Summary
Cartegraph's proposed fees for this project are included in the summary below.
Date: January 30, Purchase Agreement February 28, 2017 Purchase #PA458
2017 Expiration Date: Agreement
No..
Purchase Type Citizen/Qty. Unit Price Total Price
YEAR 1
SOFTWARE PRODUCTS
Cartegraph OMS— Transition Fee Per-citizen Subscription, 1 $19,182.50 $19,182.50
Platform - Enterprise Cartegraph Cloud, 3/1/17—2/28/18
Cartegraph OMS— Cartegraph Cloud Shared Hosting 1 $5,000.00 $5,000.00
Hosting Subscription
FIELD SERVICES
Implementation Fixed Fee Service, Including expenses 1 $70,700.00 $70,700.00
Services
Discount $ $5,097.47
Systems Integration Fixed Fee Service,#Q12122016 Fuel 1 $6,000.00 $6,000.00
Service Integration, Gasbo
YEAR 1 SUB-TOTAL $95,785.03
Page 1 of 3
YEAR 2
SOFTWARE PRODUCTS
Cartegraph OMS— Per-citizen Subscription, Cartegraph 25,000 $0.50 $12,500.00
Platform -Enterprise Cloud, 3/1/18—2/28/19
Cartegraph OMS Advanced Work Management per-citizen 25,000 $0.15 $3,750.00
Extension Subscription
Cartegraph OMS Advanced Asset Management per- 25,000 $0.15 $3,750.00
Extension citizen Subscription
Cartegraph OMS Advanced User Tools per-citizen 25,000 $0.10 $2,500.00
Extension Subscription
Cartegraph OMS User Pack Subscription—50 Named 1 $10,000.00 $10,000.00
Users Users
Cartegraph OMS— Cartegraph Cloud Shared Hosting 1 $5,000.00 $5,000.00
Hosting Subscription
Cartegraph OMS—
Hosting Test Cartegraph Cloud Test Environment 1 $2,400.00 $2,400.00
Environment
TECHNICAL SUPPORT
System Integration Technical Support#Q12122016 Fuel 1 $1,000.00 $1,000.00
Support Integration, Gasbo ,
YEAR 2 SUB-TOTAL $40,900.00
YEAR 3
SOFTWARE PRODUCTS
Cartegraph OMS— Per-citizen Subscription, Cartegraph 25,000 $0.50 $12,500.00
Platform -Enterprise Cloud, 3/1/19—2/28/20
Cartegraph OMS Advanced Work Management per-citizen 25,000 $0.15 $3,750.00
Extension Subscription
Cartegraph OMS Advanced Asset Management per- 25,000 $0.15 $3,750.00
Extension citizen Subscription
Cartegraph OMS Advanced User Tools per-citizen 25,000 $0.10 $2,500.00
Extension Subscription
Cartegraph OMS User Pack Subscription—50 Named 1 $10,000.00 $10,000.00
Users Users
Cartegraph OMS— Cartegraph Cloud Shared Hosting 1 $5,000.00 $5,000.00
Hosting Subscription
Cartegraph OMS—
Hosting Test Cartegraph Cloud Test Environment 1 $2,400.00 $2,400.00
Environment
TECHNICAL SUPPORT
System Integration Technical Support#Q12122016 Fuel 1 $1,000.00 $1,000.00
Support Integration, Gasbo ,
YEAR 3 SUB-TOTAL $40,900.00
TOTAL COST (3-YEAR TERM) $177,585.03
NOTES: The pricing listed above does not include applicable sales tax.
The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses.
Page 2 of 3
Payment Terms and Conditions
In consideration for the Services and Products provided by Cartegraph to Customer, Customer agrees to pay
Cartegraph Software Costs and Professional Service Fees in U.S. Dollars as described below:
1. Delivery: Software Products shall be licensed upon acceptance of this Purchase Agreement. If applicable, Services
will be scheduled and delivered upon your acceptance of this Purchase Agreement,which will be considered as your
notification to proceed.
2. Services Scheduling: Customer agrees to work with Cartegraph to schedule Services in a timely manner. All
undelivered Services shall expire 365 days from the signing of this Purchase Agreement.
3. Software Invoicing: The Software Subscription Licenses fee will be due in annual installments 15 days prior to the
anniversary of the initial term as follows:
a. $24,182.50 due upon execution of the Purchase Agreement.
b. $39,900.00 due 15 days prior to 1 st year anniversary of term start date.
c. $39,900.00 due 15 days prior to 2nd year anniversary of term start date.
4. Field Services Invoicing: Invoicing for the Field Services fee shall occur upon the acceptance of this Purchase
Agreement and shall be invoiced as follows:
a. Invoicing for the Field Services shall be 50% upon execution of the Purchase Agreement and the
remaining 50%, 2 months from execution of Purchase Agreement.
5. Renewal Invoicing: Invoicing for the Renewal fee shall occur upon the acceptance of this Purchase Agreement and
shall be invoiced as follows:
a. $1,000.00 due 15 days prior to 1 st year anniversary of term start date.
b. $1,000.00 due 15 days prior to 2nd year anniversary of term start date.
6. Expenses: In providing the field services included in this Purchase Agreement, Cartegraph shall be reimbursed for
any reasonable out-of-pocket costs, including, but not limited to, travel, lodging, meals, and cancellation fees. Out-of-
pocket expenses are billed based on actual costs incurred and are due separately.
7. Payment Terms: All payments are due Net 30 days from date of invoice.
BY EXECUTING THIS PURCHASE AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS
REVIEWED THE TERMS, CONDITIONS, FEES AND CHARGES PROVIDED HEREIN AND IN THE
MASTER AGREEMENT, AS WELL AS ANY OTHER EXHIBITS TO THE MASTER AGREEMENT,
AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT.
Cartegraph Systems, Inc. City of Golden Valley
By By
(Signature) (Signature)
Tim McCool
(Type or print name) (Type or print name)
Title Director of Sales Title
Date Date
Page 3 of 3
Cartegraph Systems, Inc.
Addendum A - Software Products
Cartegraph hereby pledges to issue software licenses in the agreed upon quantities specified in
your Investment Summary. The "Software," as defined in Master Agreement #MA248, consists
of developed and supported technology products available from Cartegraph.
In addition to full access to Cartegraph licensed software, your organization will receive:
1. Support
a. Campus—www.cartegraph.com/campus
Our User Assistance area is a convenient and easily-shareable resource
designed to help you and your co-workers better understand the functions and
capabilities of your Cartegraph applications. Instantly access user tips, step-by-
step guides, videos, and more.
b. Dedicated, Unlimited, Toll-free Phone Support-877.647.3050
When questions need answers and difficulties arise, count on our industry-
leading Support team to provide the guidance and assistance you need. Reach
us as often as you need Monday-Friday, 7:00 am-7:00 pm CT.
c. Secure,Live Remote Support
If your challenge requires a more hands-on approach,we have the remote support
tools to fix it. Let one of our Support Team members directly interact with your system
to find a fast,effective solution.
2. Training & Education
a. Convenient Online Resources
All the information you need, one click away. Take advantage of online training
opportunities, tutorial videos, upcoming event information, and more.
b. Regional User Groups
Meet and network with similar Cartegraph users in your region. Our smaller,
more personalized User Groups allow you to find out what other organizations
are doing to get more from their Cartegraph Systems.
3. Software Releases & Upgrades
a. New Software Releases
Be the first to know about all new Cartegraph releases, enhancements, and
upgrades. Gain immediate access to the latest features and functionality, and
increased system performance.
b. Hot Fixes
If an issue is determined to be a software defect and falls outside the standard
release cycle, Cartegraph will issue a hot fix and provide application specialists
with detailed levels of product knowledge to work with you in achieving a timely
and effective resolution.
Page 1 of 2
BY EXECUTING THIS PURCHASE AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS
REVIEWED THE TERMS, CONDITIONS, FEES AND CHARGES PROVIDED HEREIN AND IN THE
MASTER AGREEMENT, AS WELL AS ANY OTHER EXHIBITS TO THE MASTER AGREEMENT, AND
CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT.
Cartegraph Systems, Inc. City of Golden Valley
By By
(Signature) (Signature)
Tim McCool
(Type or print name) (Type or print name)
Title Director of Sales Title
Date Date
Page 2 of 2
Cartegraph Systems, Inc.
Addendum B - Field Services (Fee for Service)
The Fee for Field Service Implementation Services as listed in the Investment Summary of the Purchase Agreement are
specific Cartegraph services which will be delivered to the Customer based on the descriptions below and any
descriptions that may be found in the Purchase Agreement's Exhibits. Cartegraph will coordinate with the Customer on
service delivery expectations and timeframes. This is an addendum to Customer's Master Agreement#MA248.
Cartegraph OMS — Implementation Scope of Work
Implementation of the Operations Management System (OMS) includes the following professional
services:
Setup
• Cartegraph will setup a hosted, production OMS environment. If a test or sandbox environment
is purchased, Cartegraph will also setup a hosted, test OMS environment.
• Cartegraph will provide an overview, up to two (2) hours, of Cartegraph and ArcGIS Online user-
based logins and User/Role functionality.
• Cartegraph will provide a template file to be utilized by your staff to populate Roles and Users to
be utilized for OMS.
• Cartegraph will utilize the template to create users and roles in OMS. (Note: Subsequent User
and/or Role changes will be your administrator's responsibility.)
• Cartegraph will provide documentation and guidance, up to four(4) hours, for your technical GIS
staff to configure Esri Basemap Services for OMS integration. Guidance will be geared towards
OMS/Esri integration functionality and requirements.
• Cartegraph will setup the OMS Platform, including the Request, Work, Resource, and Asset
Management areas of the software. Asset Management solutions will be setup for all solutions
referenced in the Assets section of the scope unless otherwise noted.
Consulting
• Cartegraph will provide a three-day (3-day) onsite requirement gathering workshops to increase
our understanding of your business and functional goals. Through workshops and interviews,
Cartegraph will identify best fit scenarios for OMS and provide a brief including any challenges as
well as recommendations for OMS best practices relevant to your implementation.
Training
• Cartegraph will provide remote train-the-trainer training, up to four (4) hours, on overall system
navigation and functionality to help familiarize your staff with the software environment and its
common functions. Training topics include:
o Home Screen
o Logins/Permission
o Layers
o Filters
o Maps
o Grids
Page 1 of 8
o System Navigation
o Views (List& Detail)
o Standard Reports
o Attachments
o Requests, Work, Assets, Resources, Reports, and Administrator Tabs
• Cartegraph will provide remote train-the-trainer training, up to two (2) hours, on OMS Esri
integration functionality. Training topics include:
o OMS Esri integration configuration options
o Integration functionality (basemap and feature)
o Overall Esri integration requirements, considerations, and Cartegraph recommended best
practices
• Cartegraph will provide a three-day (3-day) onsite "train-the-trainer" training event. The training
agenda will be defined and agreed upon by both Cartegraph and your project manager. Topics
may include any of the following:
o Request Management:
■ Requests
■ Requesters
■ Task Creation from Requests
■ Issue library (including settings such as Applies to Asset and Non-Location)
■ Cartegraph recommended best practices for Request and Requester Management
o Work Management:
■ Create Task(s) (Asset/Non-Asset)
■ Assignments (Add, Edit, Remove)
■ Task Menu Actions
■ Related Work Items
■ Create Work Order
■ Associate Task to WO
■ Repeat Work Orders
■ Work Order Menu Actions
■ Enter Resources
■ Timesheets
■ Activity library(including settings such as Applies to Asset, Inspection, Key Dates,
Cost, and Productivity)
■ Cartegraph recommended best practices for Work Management
o Asset Management:
■ Asset Details
■ Inspections
■ Linked assets (if applicable)
■ Container/Component Relationships (if applicable)
■ Cartegraph recommended best practices for Asset Management
To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the
Asset section of the scope.
o Fleet Management:
■ Preventative Maintenance
■ Task Management
Page 2 of 8
■ Vehicle Replacement Ratings (VRR) Equipment Detail information
■ Fleet Reports
■ Cartegraph recommended best practices for Fleet Management
o Resource Management:
■ Resource Details
■ Labor/Equipment Rates
■ Material Management(Stock, Usage, Adjustments)
■ Vendor Price Quotes
■ Cartegraph recommended best practices for Resource Management
o Cartegraph for iPad:
■ Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting)
■ Work Management
• Create and Update Tasks (Asset/Non-Asset)
• Assign Tasks
• Enter Resources
• Inspections
■ Asset Management
• Create and Update Assets
■ Request Management
• View and Update Requests
• View Requester information
• Create Task from Request
■ Cartegraph recommended best practices for mobile device use
o Administrator:
■ Administrator:
• User Administration, Role Administration, Import/Export, Error Log
■ Settings:
• System Settings, Base Map Administration, Geocode Settings, GIS
Integration Settings, Background Task Scheduler, Asset Color Manager
■ Manager:
• Layout Manager, Library Manager, Preventative Maintenance, Asset
Condition Manager, Notification Manager, Structure Manager
• Cartegraph will provide remote train-the-trainer training, up to six (6) hours, on OMS Reporting
functionality. Training topics include:
o Security/Roles
o Report Designer
■ Report Types, Report Styling, Filtering\Parameters, Basic Formulas,
Grouping\Sorting
o Report Viewer
o Reporting best practices and solution tips/tricks.
Extensions
• Cartegraph will provide remote train-the-trainer training, up to eight (8) hours, on
Advanced Asset functionality. Training topics include:
Page 3 of 8
o Preventative Maintenance
o Performance Management
■ Prediction Groups
■ Minimum Condition Groups
■ Activities and Impacts
■ Criticality Factor
■ Install/Replaced Dates
o Cartegraph recommended best practices for advanced asset management
To avoid redundancy,and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset
section of the scope.
• Cartegraph will provide remote train-the-trainer training, up to sixteen (16) hours, on
Advanced Work functionality. Training topics include:
o Scenario Builder
■ Settings:
• Prediction Groups
• Minimum Condition Groups
• Activities and Impacts
• Criticality Factor
• Install/Replaced Dates
■ Scenarios:
• Scenario Types
• Plan Years and Budgets
• Protocols
• Data Exports
■ Cartegraph recommended best practices for advanced work management
To avoid redundancy,and to utilize service time efficiently,training may cover a subset of the assets listed in the Asset
section of the scope.
• Cartegraph will provide remote train-the-trainer training, up to six (6) hours, on Advanced
User functionality. Training topics include:
o Cartegraph Administrator Application
o OMS Administrator
■ Structure Manager
■ Library Manager
■ Layout Manager
■ User/Role Configurations
o Cartegraph recommended best practices for utilizing development tools,
expanding the system's use, and/or building assets
Go-Live Support
Page 4 of 8
• Cartegraph will provide a three-day(3-day)onsite event for Go-Live support. The agenda
will be defined, and agreed upon, by both your and Cartegraph's project managers.
Topics may include any of the following:
o Refresher training for items listed in the scope of work.
o Software and process support for staff during production roll out.
o Field, Layout, and Report configuration guidance, if applicable
Data Services
• Cartegraph will provide one test and one production data load service through standard
import/export functionality. Cartegraph will provide template documents for data population. Once
populated by your staff, Cartegraph will load the data into your test or production OMS
environment. Data loads may include data such as:
o Parent level asset records
o Asset location (spatial x/y) attributes
o Parent level resource (Labor, Equipment Material, Vendor) records
o Resource Rate (Labor, Equipment, Material) records
o Standard system libraries
• Cartegraph will provide one test and one production Standard Data Conversion service to assist
with your migration from the latest version of Cartegraph Navigator to Cartegraph OMS. The
Standard Data Conversion service includes the following:
o Libraries
■ Standard and custom library data —not specifically excluded below
o Attachment Paths
■ The file paths for Attachments will be updated to refer to the OMS project home.
Your internal staff will be responsible for physically relocating files to the project
home folder structure required for OMS. Cartegraph will transfer attachment files
to the project home folder structure for hosted customers. However, files must be
provided in the previously mentioned OMS project home folder structure.
o Assets
■ Parent records and associated parent-level attributes
■ Child records and associated child-level attributes
■ Inspection history, including:
• Date
• OCI
• Condition Category and Index records
• Note: Cartegraph OMS does not support Bridge NBI or Storm/Sewer
NASSCO inspection methodology.This data is not included in the Standard
Data Conversion service.
■ Open work events in Navigator's Asset Event table
■ Events with Key Date and/or Impact settings in Navigator, if applicable
o Resources (Labor, Equipment, Material)
■ Parent record and associated parent-level attributes
• Note: Cartegraph OMS does not support Material Location-restriction
functionality at this time.
■ Current Default Rate record
Page 5 of 8
• Note: Customer is responsible for creating additional rate records to
account for overtime, overhead, and/or FEMA rates, if applicable
o Equipment
■ Fleet Events, if applicable
o Material
■ Current Quantity-on-Hand
■ Vendor Price Quotes
o Vendor
■ Parent record and associated parent-level attributes
■ Contacts
o Standard Conversion Exclusions
■ Work Orders
• Labor, Equipment, Material Logs
■ Worksheets
■ Libraries:
• Overall Ratings
• Condition Category Ratings
■ Assets:
• Bridge: NBI inspection data
• Storm/Sewer: NASSCO inspection data
• Pavement: Detailed Distress inspection data
■ Attachment Files
■ Custom attachment fields or tables
• Cartegraph will provide one test and one production custom data conversion service for your
historical data listed below:
o Asset work and inspection history(not including detailed distress samples, if applicable)
Assets
Asset implementation includes the following professional services:
• Cartegraph will provide installation and training on the following nineteen (19) asset types:
o Transportation (3)
■ Marking; Pavement; Sign;
o Storm (8)
■ Storm Basin; Storm Channel; Storm Culvert; Storm Inlet; Storm Manhole; Storm
Outlet; Storm Pipe; Storm Pump;
o Sewer(3)
■ Sewer Main; Sewer Manhole; Sewer Pump;
o Water(4)
■ Water Hydrant; Water Lateral; Water Main; Water Valve
o Other(1)
Page 6 of 8
■ Tree;
• Cartegraph will provide up to five (5)field configurations for each asset type listed above.
Integrations
• Cartegraph will provide a uni-directional (one-way) Integration Service between the Gasboy
application and Cartegraph. The integration includes:
o A one-way integration of data from the source system to Cartegraph
o Up to 12 fields in the same Cartegraph recordset (IE: Equipment table and Equipment's
Fuel Log table)
o A sync using a unique ID
■ If ID exists; information will be updated
• If ID does not exist; Cartegraph will create a record or produce an error message
o A customer-configurable runtime interval for the sync
All data must be accessible to the Cartegraph service from a SQL D8, SQL View, or a Comma
Delimited File (.csv)
Cartegraph will provide all services remotely via audio, video, and web conferences unless
otherwise noted.
Customer Responsibility
For the project, you will be responsible for appointing a dedicated project manager that will be
responsible for:
• Reviewing the implementation scope of work
• All internal aspects of the project including, but not limited to, internal change management,
internal documentation, staff coordination, task completion, and schedule commitment
• Ensuring all scheduled meetings are attended by invited staff
• Partnering with the Cartegraph Project Manager to ensure project success
• Providing leadership and insight on all relevant internal issues such as policy/procedure,
organizational structure, project stakeholders, technical architecture, data, and current systems
Exclusions
The following service items are not included in the scope of this project:
• Implementation of any custom modification or integration developed by Cartegraph, your internal
staff, or any third-party is not included in the scope of this project unless specifically listed above.
• Data conversion services from other software system(s) or sources (including Cartegraph
Navigator databases)are not included in the scope of this project unless specifically listed above.
• Any service items discussed during demonstrations, conference calls, or other events are not
included in the scope of this project unless specifically listed above.
Page 7 of 8
Customer/Cartegraph Responsibilities
Project representatives from Customer and Cartegraph accepts responsibility for all aspects of project planning,
management, and execution not specifically identified as the responsibility of Cartegraph in the Master Agreement or in
this Purchase Agreement. Ongoing management of the day-to-day allocation of Customer and Cartegraph resources and
management of project tasks is the responsibility of the Customer and Cartegraph project representatives. Customer and
Cartegraph project representatives will provide overall guidance and direction for the project and will direct the project
accordingly. Further, and with regard to the Cartegraph obligations listed in this Purchase Agreement, Customer
understands that it is vital to the success of the project that Customer provides assistance in the following matters:
1. For those services listed under Field Services, Cartegraph personnel will conduct information gathering and
evaluation sessions with various Customer users and management.While Cartegraph respects the time and workload
of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these
exercises.
2. The installation process requires the assistance of Customer personnel and suitable access to hardware and systems
(e.g., security clearance). Customer is required to supervise the installation process while systems are accessible to
Cartegraph. All hardware and software, for both Personal Computers and servers, is expected to be available,
installed, and operating as specified in Cartegraph's System Requirements documentation such that delivery and
execution of Cartegraph Field Services will not be impeded.
3. Customer and Cartegraph understand that the successful performance of Field Services depends upon Customer
fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a
successful implementation.
4. Customer will provide Internet access and IT staff support as required. For those services that are web-based,
Cartegraph utilizes WebEx Meeting (or similar)technology.
Customer shall ensure that their workstation platform and database meet Cartegraph system requirements as
specified in the Cartegraph System Requirements documentation. Cartegraph Software will be supported within new
versions of these workstation platforms and databases within a reasonable period of time from their release from their
manufacturer. Cartegraph will discontinue support of its Software within older versions of these workstation platforms
and databases as their support is discontinued by their manufacturers.
5. Customer agrees to work with Cartegraph to schedule Field Services in a timely manner. All undelivered Field
Services shall expire 365 days from the execution of this Purchase Agreement, unless noted differently in Services
Scope listed above. Upon expiration of services, the project may be cancelled at Cartegraph's discretion.
Not-to-Exceed Proposal
Cartegraph will not exceed the total included in this Purchase Agreement without written approval from Customer. In the
event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of
this Purchase Agreement, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written
approval if additional Software or services are required.
BY EXECUTING THIS PURCHASE AGREEMENT, CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE
TERMS, CONDITIONS, FEES AND CHARGES PROVIDED HEREIN AND IN THE MASTER AGREEMENT, AS WELL
AS ANY OTHER EXHIBITS TO THE MASTER AGREEMENT, AND CUSTOMER AGREES TO BE LEGALLY BOUND BY
EACH SUCH AGREEMENT.
Cartegraph Systems, Inc. City of Golden Valley
By By
(Signature) (Signature)
Tim McCool
(Type or print name) (Type or print name)
Title Director of Sales Title
Date Date
Page 8 of 8
(& esri-
November
10,2016
Ms. Sue Vimig
City of Golden Valley
7800 Golden Valley Rd
Golden Valley,MN 55427
Dear Sue,
The Esri Small Municipal and County Government Enterprise License Agreement(ELA)is a three-year
agreement that will grant your organization access to Esri®term license software on an unlimited basis
including maintenance on all software offered through the ELA for the term of the agreement.The ELA
will be effective on the date executed and will require a firm,three-year commitment.
Based on Esri's work with several organizations similar to yours,we know there is significant potential to
apply geographic information system(GIS)technology in many operational and technical areas within
your organization.For this reason,we believe that your organization will greatly benefit from an
enterprise license agreement.
An ELA will provide your organization with numerous benefits including:
■ A lower cost per unit for licensed software
■ Substantially reduced administrative and procurement expenses
■ Maintenance on all Esri software deployed under this agreement
■ Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
■ All current departments,employees,and in-house contractors of the organization will be eligible
to use the software and services included in the ELA.
■ If your organization wishes to acquire and/or maintain any Esri software during the term of the
agreement that is not included in the ELA,it may do so separately at the Esri pricing that is
generally available for your organization for software and maintenance.
■ The organization will establish a single point of contact for orders and deliveries and will be
responsible for redistribution to eligible users.
■ The organization will establish a Tier 1 support center to field calls from internal users of Esri
software.The organization may designate individuals as specified in the ELA who may directly
contact Esri for Tier 2 technical support.
■ The organization will provide an annual report of installed Esri software to Esri.
380 New York Street 909 793 2853
Redlands,California 92373-8100 usn infooesri.com esri.com
■ Esri software and updates that the organization is licensed to use will be automatically available
for downloading.
■ The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri
software and services.
■ The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri's
Small Municipal and County Government ELA terms and conditions.
■ Licenses are valid for the term of the ELA.
This program offer is valid for 90 days.To complete the agreement within this time frame,please contact
me within the next seven days to work through any questions or concerns you may have. To expedite
your acceptance of this ELA offer:
1. Sign and return the whole agreement per the instructions in the terms and conditions.
2. On the first page of the ELA, identify the central point of contact/agreement administrator.The
agreement administrator is the party that will be the contact for management of the software,
administration issues,and general operations. Information should include name,title(if
applicable),address,phone number,and e-mail address.
3. In the purchase order,identify the "Ship to"and"Bill to"information for your organization.
4. Send the purchase order and agreement to the address,email or fax noted below:
Esri e-mail: service@esri.com
Attn: Customer Service SG-ELA fax documents to: 909-307-3083
380 New York Street
Redlands,CA 92373-8100
I appreciate the opportunity to present you with this proposal,and I believe it will bring great benefits to
your organization.
Thank you very much for your consideration.
Best Regards,
Joe Araiza
Small Government ELA 2
•
qpesrr Quotation # 20497420
Date: November 10, 2016
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer# 156410 Contract#
221 North LaSalle Street, Suite 863
City of Golden Valley
Chicago, IL 60601
Phone: 312-609-0966 Fax: 909-307-3049 Finance Dept
DUNS Number: 06-313-4175 CAGE Code: OAMS3 Gold Golden Valley Rd
Golden Valley, MN 55427
To expedite your order,please attach a copy of
nig
this quotation to your purchase order. ATTENTION: Sue 593-
10
Quote is valid from: 11/10/2016 To:05/09/2017 PHONE: 763- 593-809
FAX: 763-593-8109
Material Qty Description Unit Price Total
110035 1 Populations of 0 to 25,000 Small Government Term Enterprise License 25,000.00 25,000.00
Agreement
Item Total: 25,000.00
Subtotal: 25,000.00
Sales Tax: 0.00
Estimated Shipping&Handling(2 Day Delivery): 0.00
Contract Pricing Adjust: 0.00
Total: $25,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or invoice program.
For questions contact: Joe Araiza Email: Phone: 312-609-0966 x5383
The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri,if any,or,where applicable,Esri's
standard terms and conditions at www.esri.com/legal,which are incorporated by reference.Federal government entities and government prime
contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule.Acceptance is limited to the terms of this
quotation.Esri objects to and expressly rejects any different or additional terms contained in any purchase order,offer,or confirmation sent to or to be
sent by buyer.All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services.
If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630
ARAIZAJ This offer is limited to the terms and conditions incorporated and attached herein.
wesne Quotation # 20497420
Date: November 10, 2016
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer#156410 Contract#
221 North LaSalle Street, Suite 863
City of Golden Valley
Chicago, IL 60601
Phone: 312-609-0966 Fax: 909-307-3049 Finance Dept
DUNS Number: 06-313-4175 CAGE Code: OAMS3 Gold Golden Valley Rd
Golden Valley, MN 55427
To expedite your order,please attach a copy of ATTENTION: Sue Virnig
this quotation to your purchase order.
10
Quote is valid from: 1111012016 To: 05109/2017 PHONE: 593-80
763-593-8109
63-593-810 9
FAX: 763- 9
If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance,you must fax
Esri the signed quote in its entirety in order for the quote to be accepted.You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal,state,or local government agency;an educational facility;or a company that will not pay an invoice without having
issued a formal purchase order,a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing,please reference the quotation number and any/all applicable Esri contract number(s)(e.g.MPA,ELA,SmartBuy,GSA,
BPA)on your ordering document.
BY SIGNING BELOW,YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION,AND YOU ARE AUTHORIZING
ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF$ ,PLUS SALES TAXES IF
APPLICABLE.DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING
PAPERWORK.
Please check one of the following:
I agree to pay any applicable sales tax.
_I am tax exempt,please contact me if exempt information is not currently on file with Esri.
Signature of Authorized Representative Date
Name(Please Print)
Title
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license.This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute,Inc.(Esn).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes.Esri
reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing.If your organization is tax exempt or pays state tax directly,then prior to invoicing,your organization must
provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or invoice program.
For questions contact: Joe Araiza Email: iaraiza(a esri.com Phone: 312-609-0966 x5383
The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri,if any,or,where applicable,Esri's
standard terms and conditions at www.esri.com/legal,which are incorporated by reference.Federal government entities and government prime
contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule.Acceptance is limited to the terms of this
quotation.Esri objects to and expressly rejects any different or additional terms contained in any purchase order,offer,or confirmation sent to or to be
sent by buyer.All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services.
If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630
ARAIZAJ This offer is limited to the terms and conditions incorporated and attached herein.
• Esri Use Only:
Cust.Name
esn PO##
PO#
Esri Agreement#
Esri 380 New York St.,Redlands,CA 92373-8100 USA-TEL 909-793-2853-FAX 909-793-5953
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-1)
This Agreement is by and between the organization identified in the Quotation("Licensee")and Environmental Systems
Research Institute,Inc.("Esri").
This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference(i)the Quotation and(ii)the
License Agreement.Should there be any conflict between the terms and conditions of the documents that comprise this
Agreement,the order of precedence for the documents shall be as follows:(i)the Quotation,(ii)this Agreement,and(iii)the
License Agreement.This Agreement shall be governed by and construed in accordance with the laws of the state in which
Licensee is located without reference to conflict of laws principles,and the United States of America federal law shall govern
in matters of intellectual property.The modifications and additional rights granted in this Agreement apply only to the
Products listed in Table A.
Table A
List of Products
Uncapped Quantities Developer Tools
Desktop Software and Extensions ArcGIS Engine
ArcGIS Desktop Advanced ArcGIS Engine Extensions:ArcGIS 3D Analyst,ArcGIS
ArcGIS Desktop Standard Spatial Analyst,ArcGIS Engine Geodatabase Update,
ArcGIS Desktop Basic ArcGIS Network Analyst,ArcGIS Schematics
ArcGIS Desktop Extensions:ArcGIS 3D Analyst, ArcGIS Runtime(Standard)
ArcGIS Spatial Analyst,ArcGIS Geostatistical Analyst, ArcGIS Runtime Analysis Extension
ArcGIS Publisher,ArcGIS Network Analyst,ArcGIS
Schematics,ArcGIS Workflow Manager,ArcGIS Data Limited Ouantities
Reviewer One(1)Annual Subscription to Esri Developer Network
(EDN)Standard*
Enterprise Software and Extensions Two(2)Esri CityEngine Advanced Single Use Licenses
ArcGIS Enterprise and Workgroup 50 Level 1 ArcGIS Online Named Users
(Advanced and Standard) 50 Level 2 ArcGIS Online Named Users
ArcGIS Enterprise Extensions:ArcGIS 3D Analyst, 10,000 ArcGIS Online Service Credits
ArcGIS Spatial Analyst,ArcGIS Geostatistical Analyst, 50 Level 1 ArcGIS Enterprise Named Users
ArcGIS Network Analyst,ArcGIS Schematics,ArcGIS 50 Level 2 ArcGIS Enterprise Named Users
Workflow Manager 2 Insights for ArcGIS
Enterprise Optional Server
ArcGIS Image Server
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 2
Number of Tier 1 Help Desk individuals authorized to call Esri 2
Maximum number of sets of backup media,if requested** 2
Self-Paced e-Learning Uncapped
Five percent(5%)discount on all individual commercially available instructor-led training classes at Esri facilities
purchased outside this Agreement(Discount does not apply to Small Enterprise Training Package.)
*Maintenance is not provided for these items
**Additional sets of backup media may be purchased for a fee
Pagel of 5 11/04/2016
Licensee may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation,purchase
order,or other document that matches the Quotation and references this Agreement("Ordering Document").ADDITIONAL
OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY,AND THE TERMS
OF THIS AGREEMENT WILL GOVERN.This Agreement is effective as of the date of Esri's receipt of Licensee's
Ordering Document incorporating this Agreement by reference,unless otherwise agreed to by the parties("Effective Date").
Term of Agreement:Three(3)years
This Agreement supersedes any previous agreements,proposals,presentations,understandings,and arrangements between
the parties relating to the licensing of the Products.Except as provided in Article 4—Product Updates,no modifications can
be made to this Agreement.
Accepted and Agreed:
(Licensee)
By:
Authorized Signature
Printed Name:
Title:
Date:
LICENSEE CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City,State,Postal Code: E-mail:
Country:
Quotation Number(if applicable):
Page 2 of 5 11/04/2016
1.0—ADDITIONAL DEFINITIONS 2.0—ADDITIONAL GRANT OF LICENSE
In addition to the definitions provided in the License 2.1 Grant of License.Subject to the terms and
Agreement,the following definitions apply to this conditions of this Agreement,Esri grants to Licensee
Agreement: a personal,nonexclusive,nontransferable license
solely to use,copy,and Deploy quantities of the
"Deploy","Deployed"and"Deployment"mean to Products listed in Table A—List of Products for the
redistribute and install the Products and related term provided on the first page(i)for the applicable
Authorization Codes within Licensee's organization(s). Fee and(ii)in accordance with the License
Agreement.
"Fee"means the fee set forth in the Quotation.
2.2 Consultant Access.Esri grants Licensee the right to
"Case"means a failure of the Software or Online permit Licensee's consultants or contractors to use the
Services to operate according to the Documentation Products exclusively for Licensee's benefit.Licensee
where such failure substantially impacts operational or will be solely responsible for compliance by
functional performance. consultants and contractors with this Agreement and
will ensure that the consultant or contractor
"License Agreement"means the applicable license discontinues use of Products upon completion of
agreement for Esri Products incorporated by this work for Licensee.Access to or use of Products by
reference that is(i)found at consultants or contractors not exclusively for
httv://www.esri.comAegal/soft _- license and available Licensee's benefit is prohibited.Licensee may not
in the installation process requiring acceptance by permit its consultants or contractors to install
electronic acknowledgment or(ii)a signed Esri license Software or Data on consultant,contractor,or third-
agreement that supersedes such electronically party computers or remove Software or Data from
acknowledged license agreement. Licensee locations,except for the purpose of hosting
the Software or Data on Contractor Servers for the
"Maintenance"means Tier 2 Support,Product updates, benefit of Licensee.
and Product patches provided to Licensee during the
Term of Agreement.
3.0—TERM,TERMINATION,AND EXPIRATION
"Product(s)"means the products identified in Table A—
List of Products and any updates to the list Esri provides 3.1 Term.This Agreement and all licenses hereunder
writing. will commence on the Effective Date and continue
in for the duration identified in the Term of Agreement,
"Quotation"means the offer letter and quotation unless this Agreement is terminated earlier as
provided separately to Licensee. provided herein.Licensee is only authorized to use
Products during the Term of Agreement.For an
"Technical Support"means the technical assistance for Agreement with a limited term,Esri does not grant
attempting resolution of a reported Case through error Licensee an indefinite or a perpetual license to
correction,patches,hot fixes,workarounds,replacement Products.
deliveries,or any other type of Product corrections or
modifications. 3.2 No Use upon Agreement Expiration or
Termination.All Product licenses,all Maintenance,
"Tier 1 Help Desk"means Licensee's point of contact(s) and Esri User Conference registrations terminate on
to provide all Tier 1 Support within Licensee's expiration or termination of this Agreement.
organization(s).
33 Termination for a Material Breach.Either party
"Tier 1 Support"means the Technical Support provided may terminate this Agreement for a material breach
by the Tier 1 Help Desk. by the other party.The breaching party will have
thirty(30)days from the date of written notice to
"Tier 2 Support"means the Technical Support provided cure any material breach.
to the Tier 1 Help Desk when a Case cannot be resolved
through Tier 1 Support.Licensee will receive Tier 2 3.4 Termination for Lack of Funds.For an Agreement
Support from Esri. with government or government-owned entities,
either party may terminate this Agreement before any
subsequent year if Licensee is unable to secure
funding through the legislative or governing body's
approval process.
Page 3 of 5 11/04/2016
3. At a minimum,Tier 1 Support will include those
3.5 Follow-on Term.If the parties enter into another activities that assist the user in resolving how-to
agreement substantially similar to this Agreement for and operational questions as well as questions on
an additional term,the effective date of the follow-on installation and troubleshooting procedures.
agreement will be the day after the expiration date of
this Agreement. 4. The Tier 1 Help Desk will be the initial points of
contact for all questions and reporting of a Case.
The Tier 1 Help Desk will obtain a full
4.0—PRODUCT UPDATES description of each reported Case and the system
configuration from the user.This may include
4.1 Future Updates.Esri reserves the right to update the obtaining any customizations,code samples,or
list of Products in Table A—List of Products by data involved in the Case.The Tier 1 Help Desk
providing written notice to Licensee.Licensee may may also use any other information and
continue to use all Products that have been Deployed, databases that may be developed to satisfactorily
but support and upgrades for deleted items may not resolve the Case.
be available.As new Products are incorporated into
the standard program,they will be offered to 5. If the Tier 1 Help Desk cannot resolve the Case,
Licensee via written notice for incorporation into the an authorized Tier 1 Help Desk individual may
Products schedule at no additional charge.Licensee's contact Tier 2 Support.The Tier 1 Help Desk
use of new or updated Products requires Licensee to will provide support in such a way as to
adhere to applicable additional or revised terms and minimize repeat calls and make solutions to
conditions of the License Agreement. problems available to Licensee.
4.2 Product Life Cycle.During the Term of Agreement, 6. Tier 1 Help Desk individuals are the only
some Products may be retired or may no longer be individuals authorized to contact Tier 2 Support.
available to Deploy in the identified quantities. Licensee may change the Tier 1 Help Desk
Maintenance will be subject to the individual Product individuals by written notice to Esri.
Life Cycle Support Status and Product Life Cycle
Support Policy,which can be found at b. Tier 2 Support
htip:Hsupport.esri.com/en/content
/productlifecycles.Updates for Products in the 1. Tier 2 Support will log the calls received from
mature and retired phases may not be available. Tier 1 Help Desk.
Licensee may continue to use Products already
Deployed during the Term of Agreement,but 2. Tier 2 Support will review all information
Licensee will not be able to Deploy retired Products. collected by and received from the Tier 1 Help
Desk including preliminary documented
5.0—MAINTENANCE troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
The Fee includes standard maintenance benefits during 3. Tier 2 Support may request that Tier 1 Help
the Term of Agreement as specified in the most current Desk individuals provide verification of
applicable Esri Maintenance and Support Program information additional information,or answers
document(found at http://www.esri.com/leyall.At Esri's to additional questions to supplement any
sole discretion,Esri may make patches,hot fixes,or preliminary information gathering or
updates available for download.No Software other than troubleshooting performed by Tier 1 Help Desk.
the defined Products will receive Maintenance.Licensee
may acquire maintenance for other Software outside this 4. Tier 2 Support will attempt to resolve the Case
Agreement. submitted by Tier 1 Help Desk.
a. Tier 1 Support
5. When the Case is resolved,Tier 2 Support will
1. Licensee will provide Tier 1 Support through the communicate the information to Tier 1 Help
Tier 1 Help Desk to all Licensee's authorized Desk,and Tier 1 Help Desk will disseminate the
users.
resolution to the user(s).
2. The Tier 1 Help Desk will be fully trained in the
Products.
Page 4 of 5 11/04/2016
6.0—ENDORSEMENT AND PUBLICITY 8.2 Order Requirements.Esri does not require Licensee
to issue a purchase order.Licensee may submit a
This Agreement will not be construed or interpreted as an purchase order in accordance with its own process
exclusive dealings agreement or Licensee's endorsement requirements,provided that if Licensee issues a
of Products.Either party may publicize the existence of purchase order,Licensee will submit its initial
this Agreement. purchase order on the Effective Date.If this is a
multi-year Agreement,Licensee will submit
subsequent purchase orders to Esri at least thirty(30)
7.0—ADMINISTRATIVE REQUIREMENTS calendar days before the annual anniversary date for
each additional year.
7.1 OEM Licenses.Under Esri's OEM or Solution OEM
programs,OEM partners are authorized to embed or a. All orders pertaining to this Agreement will be
bundle portions of Esri products and services with processed through Licensee's centralized point of
their application or service.OEM partners'business contact.
model,licensing terms and conditions,and pricing b. The following information will be included in each
are independent of this Agreement.Licensee will not Ordering Document:
seek any discount from the OEM partner or Esri
based on the availability of Products under this (1) Licensee name;Esri customer number,if known;
Agreement.Licensee will not decouple Esri products and bill-to and ship-to addresses
or services from the OEM partners'application or (2) Order number
service. (3) Applicable annual payment due
7.2 Annual Report of Deployments.At each 9.0—MERGERS,ACQUISITIONS,OR
anniversary date and ninety(90)calendar days prior DIVESTITURES
to the expiration date of this Agreement,Licensee
will provide Esri with a written report detailing all If Licensee is a commercial entity,Licensee will notify
Deployments.Upon request,Licensee will provide Esri in writing in the event of(i)a consolidation,merger,
records sufficient to verify the accuracy of the annual or reorganization of Licensee with or into another
report. corporation or entity;(ii)Licensee's acquisition of another
entity;or(iii)a transfer or sale of all or part of Licensee's
organization(subsections i,ii,and iii,collectively referred
8.0—ORDERING,ADMINISTRATIVE to as"Ownership Change").There will be no decrease in
PROCEDURES,DELIVERY,AND Fee as a result of any Ownership Change.
DEPLOYMENT
9.1 If an Ownership Change increases the cumulative
8.1 Orders,Delivery,and Deployment program count beyond the maximum level for this
Agreement,Esri reserves the right to increase the Fee
a. Upon the Effective Date,Esri will invoice Licensee or terminate this Agreement and the parties will
and provide Authorization Codes to activate the negotiate a new agreement.
nondestructive copy protection program that enables
Licensee to download,operate,or allow access to the 9.2 If an Ownership Change results in transfer or sale of
Products.If this is a multi-year Agreement,Esri may a portion of Licensee's organization,that portion of
invoice the Fee thirty(30)calendar days before the Licensee's organization will transfer the Products to
annual anniversary date for each additional year. Licensee or uninstall,remove,and destroy all copies
b. Undisputed invoices will be due and payable within of the Products.
thirty(30)calendar days from the date of invoice.
Esri's federal ID number is 95-2775-732. 9.3 This Agreement may not be assigned to a successor
c. If requested,Esri will ship backup media to the ship- entity as a result of an Ownership Change unless
to address identified on the Ordering Document,FOB approved by Esri in writing in advance.If the
Destination,with shipping charges prepaid.Licensee assignment to the new entity is not approved,
acknowledges that should sales or use taxes become Licensee will require any successor entity to
due as a result of any shipments of tangible media, uninstall,remove,and destroy the Products.This
Esri has a right to invoice and Licensee will pay any Agreement will terminate upon such Ownership
such sales or use tax associated with the receipt of Change.
tangible media.
Page 5 of 5 11/04/2016
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. I. Authorization to Sign Agreement with Sojourner Project Inc. for Domestic Assault
Intervention Services
Prepared By
Jason Sturgis, Chief of Police
Summary
The Golden Valley Police Department partners with Sojourner Project to provide advocacy
services to domestic assault victims. In return for services, the City of Golden Valley pays
Sojourner Project $15,000 annually. This contract is the same as in the past, just the dates have
been changed to reflect services provided in the year 2017.
Attachments
•Intervention Services Agreement with Sojourner Project Inc. (3 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the Intervention Services Agreement
with Sojourner Project, Inc. for domestic assault intervention services.
INTERVENTION SERVICES AGREEMENT
WITH SOJOURNER PROJECT, INC.
THIS AGREEMENT is made between the CITY OF GOLDEN VALLEY (the
"City") and SOJOURNER PROJECT, INC., a Minnesota non-profit corporation (the
"Provider").
The Provider is a non-profit organization that offers community-based
intervention programs for domestic abuse incidents arising in the west suburban area,
including the City of Golden Valley. The Provider has requested that the City
contribute funds to help pay its expenses. The City has agreed to pay funds to the
Provider on a fee-for-service basis. The parties wish to set forth in writing the terms
and conditions of their agreement.
Therefore, in return for the mutual agreements set forth below, the parties agree
as follows:
1. TERM.
The term of this Agreement shall be from January 1, 2017 through December
31, 2017 regardless of the dates of execution, unless terminated earlier as
provided herein.
2. SERVICES.
The Provider shall provide the required personnel and related support services
and supplies it deems necessary to intervene in domestic abuse incidents that
arise in the City, consistent with its past practices and procedures, working with
the City in providing services (defined below). Services shall include Provider's
advocacy for and meeting with victims of domestic abuse, and follow-up services
provided by the Provider during the term of the Agreement (the "Services"). The
Provider shall not provide Services for defendants charged with domestic assault,
fifth degree assault, disorderly conduct, or order for protection violations. The City
agrees to cooperate with the Provider as deemed appropriate by the City's Chief
of Police to ensure the timely provision of the Services. Recipients of Services
shall not be financially charged for or required to pay for Services. Individuals
eligible for Services may decline Services.
3. TRAINING.
As deemed appropriate by the City's Chief of Police, the City will make its
Police Department personnel available for training with respect to the aims and
procedures of the intervention program described in this Agreement. The
Provider agrees to provide this training without charge during the term of this
Agreement.
-1-
4. PAYMENT.
The Provider shall record the number of cases referred to it by the City. On a
quarterly basis, Provider shall submit a statement to the City which contains the
following information:
a. A list of cases for which Services have been provided, designated
by the name of the alleged abuser.
b. A description of the Services provided including a description of the
hourly service provided, using blind numbers assigned to each case
so that confidentiality of the Service recipients can be maintained.
The City agrees to pay a total amount of $15,000 for all of the
Services provided during the term of the Agreement.
5. RECORDS.
The Provider shall maintain such records as are deemed necessary by the
City to insure that the Services are provided as represented by the Provider.
Upon execution of the Agreement, Provider shall have each employee and
volunteer keep separate time records of their time spent each day, specifying
the amount of time spent on each case. These records shall remain the
property of the Provider. The Provider may maintain the records in a manner
that insures confidentiality to Service recipients; however, it shall provide full
disclosure of identities to the City's auditor if so requested.
6. DISCRIMINATION.
The Provider agrees not to discriminate in providing Services under this
Agreement on the basis of race, sex, creed, national origin, age or religion.
7. CANCELLATION.
This Agreement may be cancelled by either party at any time, with or without
cause, upon thirty (30) days' written notice, delivered by mail or in person, to
the other party. In that case, the City shall pay only for those Services
rendered in accordance with this Agreement before the termination date.
8. INSURANCE.
The Provider agrees that it will, at all times during the term of this Agreement,
have and keep in force a general liability insurance policy with coverage in the
amount of at least $1,000,000 per occurrence for bodily injury, and
$1,000,000 per occurrence for property damage. The policy shall name the
City as an additional insured and provide that it shall be primary and non-
contributory coverage for a loss arising from services provided pursuant to
-2-
this agreement. A certificate of insurance will be provided to the City before
Services are rendered under this Agreement. To the fullest extent permitted
by law, the Provider agrees to defend, indemnify and hold harmless the City,
and its employees, officials, and agents from and against all claims, actions,
damages, losses and expenses, including reasonable attorney fees, arising
out of the Provider’s negligence or the Provider’s failure to perform its
obligations under this Agreement.
9. UNSPECIFIED SERVICES.
The City will honor no claim for Servicesnot specified in this Agreement.
10.ENTIRE AGREEMENT.
The entire agreement of the partiesis contained in thisdocument. This
Agreement supersedes alloralagreementsand negotiationsbetween the parties
relatingto the subject matterof thisAgreement. Anyalterations, amendments,
deletionsor waiversof anyprovisionsof thisAgreement shallbe valid only when
placed in writingand signed byboth parties.
11.INDEPENDENT CONTRACTOR.
Nothing in this Agreement isintended, norshallbe construed, to create the
relationship of partners, oremployer/employee between the Parties. The Provider, its
officers, agents, employees, and volunteersare, and shallremain forallpurposes
and servicesunder this Agreement, independent contractors.
Dated: ________________CITYOFGOLDENVALLEY
By: ________________________________
Mayor
And: _______________________________
CityManager
Dated: ________________SOJOURNERPROJECT, INC
By: ________________________________
Executive Director
And: _______________________________
Finance Manager
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. J. Authorize Contract for Professional Services with Prairie Restorations, Inc. for Restoration
and Maintenance of Native Plant Communities
Prepared By
Eric Eckman, Public Works Specialist
Summary
Staff has requested a proposal from Prairie Restorations, Inc. for professional services related to
Restoration and Maintenance of Native Plant Communities adjacent to Golden Valley’s
stormwater ponds, wetlands, and streams. Prairie Restoration, Inc. has assisted the City with the
management of these native buffer areas since 2000. The buffer areas maintained under this
contract serve to improve water quality and ecological diversity, and provide habitat and food
sources for pollinators like bees and butterflies. A location map is attached.
The proposal from Prairie Restorations, Inc. includes performing controlled burns, dormant
mowing, and integrated plant management. The consultant visits each native buffer area
monthly during the growing season and performs maintenance on an as-needed basis.
There is $55,000 budgeted for this program in the 2017-2018 Biennial Budget, Storm Sewer
Utility, Native Buffer Zone Maintenance for Ponds (7303.6340). The actual amount of the
proposal from Prairie Restorations, Inc. is $31,290 and is shown in Exhibit B of the contract.
Attachments
•Location map (1 page)
•Contract for the 2017 Golden Valley Restoration and Maintenance of Native Plant
Communities (10 pages)
Recommended Action
Motion to authorize the contract for Professional Services with Prairie Restorations, Inc. for the
2017 Golden Valley Restoration and Maintenance of Native Plant Communities in the amount of
$31,290.
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Contract No. 17-xx
CONTRACT FOR THE 2017 GOLDEN VALLEY RESTORATION
AND MAINTENANCE OF NATIVE PLANT COMMUNITIES
1
THIS AGREEMENT, entered into the 21
st day of February, 2017, between the City of
Golden Valley, a municipal corporation, existing under the laws of the State of
Minnesota, hereinafter referred to as the City, party of the First Part, and Prairie
Restorations, Inc., a C-Corporation, under the laws of the State of Minnesota
hereinafter, called the Consultant, party of the Second Part.
ARTICLE 1. The Consultant, for and in consideration of one dollar and other good and
valuable consideration received including the payment, or payments herein specified,
and by the City to be made, hereby covenants and agrees to furnish all materials, all
necessary tools and equipment, and to do and perform all the work and labor necessary
for the 2017 Golden Valley Restoration and Maintenance of Native Plant Communities
in accordance with the proposal included in Exhibit A.
A schedule of work is found in Exhibit B. Should additional work be necessary, the City
and Prairie Restorations, Inc. agree to the rates found in Exhibit C.
The Proposal of the Consultant, together with this Contract, shall together constitute the
Contract Documents, and herein are referred to as the Contract Documents.
ARTICLE 2. The Consultant agrees to commence said work and conclude the same in
accordance with the Proposal heretofore filed with the City and in accordance with the
time schedule for commencement and completion of the work set forth in the Contract
Documents, time being of the essence of this agreement, and to complete said work in
every respect to the satisfaction and approval of the City.
ARTICLE 3. In consideration of the covenants and agreements stated above, the City
agrees to pay the Consultant the sum stated in the Proposal of said Consultant.
Installment payments, if any, on account of work done and materials furnished by said
Consultant under this Contract and actually in place shall be due and payable on or
before ten (10) days after receipt by the Council of the City of: (a) a certificate by the
Public Works Specialist that the work has been fully completed and this Contract fully
performed by the Consultant and (b) an opinion of the City’s attorney that the City is
then obligated to pay the sum contracted for herein.
ARTICLE 4. The Consultant agrees to hold harmless, indemnify and defend the City,
their elected officials, officers, agents, and employees against any and all claims,
losses, or damages, including attorneys’ fees, arising from, allegedly arising from, or
related to, the provision of services under this agreement by the Consultant, its
employees, agents or officers.
Contract No. 17-xx
CONTRACT FOR THE 2017 GOLDEN VALLEY RESTORATION
AND MAINTENANCE OF NATIVE PLANT COMMUNITIES
2
ARTICLE 5. The Consultant further agrees to make and maintain insurance coverage
for the duration of the project in accordance with the following requirements:
Workers Compensation Insurance:
A. Statutory Compensation Coverage
B. Coverage B – Employers Liability with limits of not less than:
$100,000 Bodily Injury per Disease per Employee
$500,000 Bodily Injury per Disease Aggregate
$100,000 Bodily Injury by Accident
Automobile Liability Insurance
A. Minimum Limits of Liability:
$1,500,000 – Per Occurrence – Bodily Injury and Property Damage
Combined Single Limit
B. Coverages:
X Owned Automobile, if any
X Non-Owned Automobile
X Hired Automobile
X City of Golden Valley named as Additional Insured
General Liability Insurance
A. Minimum Limits of Liability:
$1,500,000 – Per Occurrence
$3,000,000 – Annual Aggregate
B. Coverages:
X Bodily Injury
X Property Damage
X Personal Injury
X Blanket Contractual
X City of Golden Valley named as Additional Insured
The Consultant further agrees to furnish certificates of the above insurance to the City
naming City as an additional insured, not later than ten (10) days after execution of this
Contract, and will provide City with written notice ten (10) days prior to cancellation of
the policy or any material change in the coverage provided, or in lieu thereof, the
Consultant shall keep such policies in full force and effect throughout the term of the
Contract.
Contract No. 17-xx
CONTRACT FOR THE 2017 GOLDEN VALLEY RESTORATION
AND MAINTENANCE OF NATIVE PLANT COMMUNITIES
3
ARTICLE 6. It is understood and agreed by the Consultant that the City, through its
authorized agents shall be the sole and final judge of the fitness of the work and its
acceptability, and no payment shall be made to the Consultant hereunder until the work
shall have been found acceptable by the City through its authorized agents.
ARTICLE 7. It is understood and agreed by the Consultant that, with respect to all
work, the Consultant will keep as complete, exact and accurate an account of the labor
and materials used as is possible, and in submitting the final statement will itemize and
allocate the costs of said work.
ARTICLE 8. All payments to the Consultant shall be made payable to the order of
Prairie Restoration, Inc. and the City does not assume and shall not have any
responsibility for the allocation of payments or obligations of the Consultant to third
parties.
ARTICLE 9. The City reserves the right to cancel the award of any contract at any time
before the execution of the contract by all parties without any liability against the City.
ARTICLE 11. The City may by written notice terminate the Contract or any portion
thereof when it is deemed in the City’s best interest to do so or the City is unable to
adequately fund payment for the Contract because of changes in state fiscal policy,
regulations or law; or after finding that for reasons beyond the Consultant’s control the
Consultant is prevented from proceeding with or completing the Contract work within a
reasonable period of time.
Termination of the Contract or any portion thereof shall not relieve the Consultant of
responsibility for the completed work, nor shall it relieve the Consultant’s Sureties of
their obligations for and concerning any just claims arising out of the work performed.
Contract No. 17-xx
CONTRACT FOR THE 2017 GOLDEN VALLEY RESTORATION
AND MAINTENANCE OF NATIVE PLANT COMMUNITIES
4
IN WITNESS HEREOF, both parties hereto have caused this Contract to be signed by
their duly authorized officers.
THE CITY OF GOLDEN VALLEY
BY
Shepard M. Harris, Mayor
BY
Timothy J. Cruikshank, City Manager
PRAIRIE RESTORATIONS, INC.
BY
ITS
A-1
Exhibit A
Prairie Restoration Management Strategies
Native landscape management techniques can be divided into five different
categories;monitoring, controlled burning, dormant mows, Integrated Plant
Management (IPM), and woody vegetation control. Each of these techniques
plays a key role in the development and success of a native landscape. Below is
a description of each tool and the reasons they are used.
Effective management of a restored area is achieved through a variety of
management practices. A complete understanding of the various plants’ life
cycles and growth characteristics is necessary for the proper management
decisions to be made. Prairie Restoration’s land managers use their experience
and knowledge to make these decisions for the betterment and health of the
landscapes they care for.
Monitoring
Monitoring is checking the progress of the planting regularly. The goal is to see
what weeds may be coming in that need to be addressed, but also to see how
the native plants are growing. Monitoring is perhaps the most important
technique land managers use. It allows the manager to make the determination
of what other techniques will best benefit the planting. Native plantings change,
not only from year to year, but from week to week and month to month.
Therefore, it is important to make regular trips through the planting. It is also
important to monitor the entire planting, as microenvironments found throughout
will grow different species of native plants and weeds. Monitoring is something
that can, and should, be done by the City, as well as by the land manager. Prairie
Restoration will provide information in the form of a basic field guide, if needed.
Controlled Burns
Prairies are fire-dependent communities, making controlled burning a very
important management tool. Historically, prairie fires would burn periodically.
Today, Prairie Restoration’s experienced burn crews seek to replicate the
process using proper tools and techniques. Burning is typically done every three
to four years, beginning once adequate fuel is present. Each site is unique, and
the land manager will discuss with you when and why a burn would be a good
option.
Timing and intensity of burns are very important for controlling various weedy
species and promoting the native ones. Spring burns tend to favor the grass
species, while fall burns may enhance the flower component. The majority of
burns are conducted in the spring, usually during the months of April and May,
though some may occur later, depending on the needs of the site. Benefits of
A-2
spring burns include: the alleviation of the accumulation of biomass, a reduction
in exotic cool season species, control of woody plants, and the stimulation of
earlier growth of native warm season species. Fall burns are also very effective
in accomplishing many of these goals. They normally occur in October and
November. One negative to fall burning is the loss of winter cover for wildlife
species. Fall burns may also be harder to schedule due to wet Minnesota fall
weather conditions.
Burns should only be conducted by trained crews. Many of the controlled burns
conducted today are on a much smaller scale, and in a suburban setting. This
creates many challenges for the crews. Smoke is typically the biggest concern.
Burns must be conducted with proper wind conditions so smoke does not blow
onto busy roadways, or towards buildings. The presence of trees and shrubs in
or near the planting must also be taken into account. Because the burns are wind
and weather dependent, the decision to complete a burn is often made 24 to 48
hours prior.
Before conducting a controlled burn, proper permits must be obtained from the
Department of Natural Resources and the Golden Valley Fire Chief or Fire
Marshal. Notification must be made to 911 Dispatch Center before and after the
burn. Neighboring residents and businesses will also be notified about the burn
and potential smoke concerns. Approximately two to three weeks prior to the
burn, the City will mail an advance notification letter to properties located within
500 feet of the burn area. On the day of the burn, Prairie Restoration will notify
adjacent property owners of the planned burn.
Dormant Mows
Dormant mows are an alternative to fire, and are frequently done in years when a
controlled burn is not scheduled. Dormant mows are conducted when the prairie
plants are dormant (not actively growing), as the name suggests. They occur in
early spring or late fall, and benefit the prairie by dispersing grass and flower
seed and speeding up the breakdown of biomass. Dormant mows also give the
prairie a clean look to start or end the season. One consideration when
scheduling a dormant mow is soil moisture. Any soil disturbance will promote the
growth of weeds, so mows should only be done when the ground is firm enough
for the equipment being used. Larger sites are mowed with a tractor and flail
mower. Smaller sites may be mowed using weed-whips.
Integrated Plant Management (IPM)
Integrated Plant Management (IPM) is a combination of many hands-on
management techniques used during the growing season. The goal of IPM is to
remove unwanted species from the prairie. The method of control varies by
species and density of the weeds. If desired, Prairie Restorations’ trained land
A-3
management crews will visit the site periodically during the growing season to
conduct various IPM tasks, as needed on a site-by-site basis.
Chemical Control
•Spot Spraying
For perennial weedy species, spot spraying is the primary method of control.
Selective spot spraying targets individual plants using backpack sprayers.
Because of the accuracy, it is possible to kill weeds intermixed with prairie plants
without harming the native forbs and grasses. Chemicals used for spot spraying
are “species specific,” meaning different chemicals are used for the control of
different weedy species. In order to minimize negative impact on a site, the
minimum effective rate of the chemicals is used. Weather conditions are always
taken into account before applying chemicals to a site. It is not only rain that
causes concern. Heat may cause some chemicals to become less effective as
the plants shut down to preserve energy. Prairie Restorations Inc.’s crew
members are certified pesticide applicators and have been taught the proper
techniques for handling and applying the chemicals used. It is not recommended
that the homeowner apply chemicals to the site.
•Wicking
Wicking is another way to apply chemical. Using sponge-like devices, crew
members are able to wipe chemicals onto individual or small colonies of weeds.
This may be done using small hand-wicks, or larger “hockey-stick-wicks.”
Wicking is very precise, but may take more time than spot spraying.
•Timed Oversprays
Timed oversprays are necessary when a large area of the planting contains
unwanted perennial plants. The timing is critical. Typically, oversprays are
conducted in the early spring or late fall, when native, warm-season plants are
dormant. Luckily, many weedy species, such as reed canary grass, are cool-
season plants. This means they become active earlier in the spring and remain
active later in the fall. Most often, the timed oversprays are conducted using a
truck or a tractor with a mounted boom sprayer. If the area is small enough, or
there is not adequate vehicle access, it may be done with backpack sprayers.
Glyphosate is the preferred chemical, as it is non-selective and good at
controlling most broadleaf and grass species. In the spring following an
overspray, areas that were sprayed become obvious until the native species start
filling them in.
A-4
Mechanical Control
•Spot Mowing
Spot mowing is typically done with weed-whips. Crew members cut down
individual plants, or smaller colonies. While chemicals will kill annual and biennial
weeds, spot mowing is often the preferred tool. Unlike perennial weeds, in which
each plant will grow and flower year after year, annuals and biennials only have a
one or two year growing cycle. They flower, produce seed, and die. The weeds
persist by producing large amounts of seed that germinate and flower quickly,
thereby producing more seed. Due to this growth pattern, mowing at, or just prior
to, the flowering stage is an effective method of control by stopping the seed
production. Spot mowing may also be used to stop perennials from spreading
seed. However, spot mowing is not enough to kill perennial weedy species. It will
delay the spread, but eventually another control method, such as spot spraying
or controlled burning, will be required.
•Complete Site Mows
Complete site mows are most often done on newly seeded projects. In the first
growing season, three to four complete mows may be necessary. The main
purpose of a complete site mowing is to prevent weeds from producing a closed
canopy and blocking out the light from the native seedlings. Plants are usually
allowed to grow to 12-18” in height before being mowed. Flail mowers are used
because they can be easily adjusted to different mowing heights. Typically, a
height of 6-8” is desired. If the vegetation is cut too short, it exposes the young
prairie plants to extreme heat and drying conditions and may inhibit growth.
•Hand weeding and chopping
Hand weeding and chopping will be completed by Prairie Restorations when
needed.
Interseeding
Interseeding, by hand spreading and raking in seed, will be completed by Prairie
Restoration in areas determined by the City of Golden Valley and Prairie
Restoration to have insufficient native vegetation growth (areas generally 8’ x 8’
or larger).
Exhibit B
Golden Valley Parks Management
2017
Management Service Costs
PARK/POND
Spring
Burn
Spring
Dormant
Mow IPM Total
Adeline Nature Area $225.00 $225.00
Bassett Creek Nature Area $1,150.00 $1,150.00
Bassett Creek & Winnetka $500.00 $500.00
Boone Ave Pond & Berm $875.00 $1,500.00 $2,375.00
Briarwood Nature Area $2,350.00 $2,350.00
Briarwood-Dawnview Pond $750.00 $750.00
Brookview Park Ponds $650.00 $1,600.00 $2,250.00
General Mills Nature Preserve $600.00 $3,150.00 $3,750.00
Golden Meadows Pond $350.00 $350.00
Golden Ridge Pond $350.00 $350.00
Golden Hills Pond $425.00 $850.00 $1,275.00
Hampshire Pond $850.00 $650.00 $1,500.00
Madison Pond $325.00 $700.00 $1,025.00
Meadow Lane Woods Pond $400.00 $400.00
Medley Park $1,200.00 $1,200.00
Minnaqua Pond $175.00 $600.00 $775.00
Minnaqua Wetland $375.00 $900.00 $1,275.00
North Tyrol Park $275.00 $950.00 $1,225.00
Perry Ave Pond $950.00 $950.00
Regent & Westbend Buffers $300.00 $975.00 $1,275.00
Scott Ave Pond $700.00 $850.00 $1,550.00
Schaper Park $450.00 $1,250.00 $1,700.00
South Tyrol Pond $265.00 $450.00 $715.00
Sweeney Branch Stabilization $350.00 $350.00
Winnetka & Hwy 55 $450.00 $450.00
Xenia Ave Pond $625.00 $950.00 $1,575.00
Total $2,425.00 $4,465.00 $24,400.00 $31,290.00
Exhibit C
2017 PRAIRIE MANAGEMENT BILLING RATES
Labor Costs:$68/hr. (including pro-rated travel time)
Travel Mileage:(Travel mileage one way only)
$0.60/mile - light duty trucks
$0.85/mile - trucks/trailer/w/equip.
Equipment Costs:$15/hr. Small power equipment use
$40/hr. Large tractor/mower use
$40/hr. ATV use
Material Costs:
Herbicides:Garlon 3A® - $1.10/oz
Garlon 4® - $1.25/oz
Rodeo® -$0.55/oz
Roundup® - $0.55/oz
Transline® - $2.75/oz
Vanquish® - $1.05/oz
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. K. Approval of Golden Valley Fire Relief Association By-Law Changes
Prepared By
Sue Virnig, Finance Director
John Crelly, Fire Chief
Summary
Council reviewed the changes to the Golden Valley Fire Relief Association (GVFRA) at their
Council Manager meeting on February 14. The following change that has been submitted for
approval is:
Yearly Pension increase from $7750 to $8000
The Council needs to approve the changes to the by-laws because this may impact future
property tax levies when the pension plan liability is greater than the assets. The pension does
not estimate a shortfall.
Attachments
•Resolution Approving Golden Valley Fire Relief Association By-Law Article XI Increasing the
Service Pension (2 pages)
Motion
Motion to adopt Resolution approving Golden Valley Fire Relief Association By-Law Article XI
Increasing the Service Pension.
Resolution 17-14 February 21, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF
ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION AMOUNT
WHEREAS, the Golden Valley Fire Department Relief Association has by-laws
governing their process for active duty; and
WHEREAS,an active member of the Golden Valley Fire Department Relief
Association is eligible to collect a lump sum service pension subject to Article XI of the by-
laws; and
WHEREAS, the City of Golden Valley may be required to approve a relief
association’s pension benefit level, and also may be required to make contributions to fund
relief association pension benefits; and
WHEREAS, the Article XI relates to a section of the by-laws; and
WHEREAS, the Annual Service Pension amount approved shown in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, as follows:
Approve the Annual Service Pension in Article XI from $7,750 to $8,000.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Resolution 17-14 -2- February 21, 2017
EXHIBIT A
ARTICLE XI
Completed Years of Service Early Vesting Reduction Pension Amount
10 40%$ 48,000
11 36%$ 56,320
12 32%$ 65,280
13 28%$ 74,800
14 24%$ 85,120
15 20%$ 96,000
16 16%$107,520
17 12%$119,680
18 8%$134,480
19 4%$145,920
20 none $160,000
More than 20 none Add $8,000 per year
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. L. Authorize Contract Extension with Tim’s Tree Service, Inc. for 2017 Spring Brush Pickup
Program
Prepared By
Al Lundstrom, Park Maintenance Supervisor
Tim Teynor, Assistant City Forester
Summary
The 2017-18 Adopted Biennial Budget, Recycling (7001, page 115) includes $71,400 for Spring
Brush Pickup. The City Council awarded a contract for Spring Brush Pick-Up Services in 2015 for a
one-year period. The contract provisions allow for an extension of two additional years.
Tim’s Tree Service has been the single bidder for the project during the past several years. Tim’s
Tree Service is agreeing to an extension with no price increase.
The 2017 Spring Brush Pickup Program is a three-week program scheduled to begin on April
24, 2017. The City will be divided into three sections with one week designated for pickup in each
section.
Section 1 Entire area north of Highway 55 and west of Douglas Drive Week of April 24
Section 2 Entire area north of Highway 55 and east of Douglas Drive Week of May 1
Section 3 Entire area south of Highway 55 Week of May 8
Golden Valley’s recycling program (which includes curbside recycling, brush pick-up and leaf
drop-off) is supported through user fees. Residents pay $14 per quarter ($4.67/month) per
household for recycling services on their utility bills.
Staff provides information to residents about the 2017 Spring Brush Pickup Program through the
CityNews, postcards mailed to their homes, and on the City’s website.
Attachments
•Amendment, Contract 15-10 between City of Golden Valley and Tim’s Tree Service, Inc. for
2017 Spring Brush Pick-Up (1 page)
Recommended Action
Motion to approve Amendment to Contract 15-10 between the City of Golden Valley and Tim’s
Tree Service, Inc. in the amount of $66,410 for the 2017 Spring Brush Pickup Program.
AMENDMENT
Contract 15-10 between
City of Golden Valley and Tim’s Tree Service, Inc. for
Spring Brush Pick-up
This amendment to Contract 15-10 is made this February 21, 2017, by and between the City of
Golden Valley (“City”) and Tim’s Tree Service, Inc. (“Contractor”) to perform Tree Spring Brush Pick-
Up services for the City of Golden Valley.
The original contract was for a period of one year from January 1, 2015 through
December 31, 2015.
The parties wish to extend the original contract for one additional year from January 1, 2017
through December 31, 2017 at the same total contract price per year as the previous years.
NOW, THEREFORE, the parties hereto agree as follows:
1.Except to the extent modified by this Amendment, the contract between the City and
Tim’s Tree Service, Inc. (the “Contract”) is hereby ratified in all respects.
2.The Contract is extended for an additional one-year period from January 1, 2017
through December 31, 2017.
3.The total payment for contract services shall be in the amount of $66,410.
4.Attached hereto as Exhibit A is the original contract.
IN WITNESS WHEREOF the parties sign below.
CITY OF GOLDEN VALLEY
By __________________________________
Timothy J. Cruikshank
Its: City Manager
TIM’S TREE SERVICE, INC.
By __________________________________
Its: ________________________
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. M. Rejections of Bids for the 2017 Pavement Management Project
Prepared By
Jeff Oliver, PE, City Engineer
Summary
Bids for the 2017 Pavement Management Program (PMP), City Improvement Project #17-01,
were opened on February 9, 2017. The PMP project also includes adding sidewalk along the west
side of Glenwood Avenue from Trunk Highway 55 to Harold Avenue and adding turn lanes at
Wayzata Boulevard and Quentin Avenue South. Six bids were received.
Staff reviewed the bids and found an abnormality in the apparent low bid. The bidder did not
acknowledge the receipt of Addendum No. 2, which referenced an update specification for
lightweight aggregate material used in subgrade correction of the streets. Upon further
investigation, it was determined that the bidding documents contained conflicting information
regarding the failure of a bidder to acknowledge an issued addendum. Based upon this conflicting
information, and upon consultation with the City Attorney, staff is recommending that all bids be
rejected and the that the project should be rebid. The bidding documents have been modified to
address the conflicting information.
Staff will rebid the project with the anticipated schedule:
February 23
rd - Advertise Project
March 16
th - Open Bids
April 4
th - Award Project
April 17
th - Begin Construction
October 31
st - Complete Construction
Staff does not anticipate that the new proposed bid and award date will affect the overall
schedule of the project.
Recommended Actions
Motion to reject all bids from the February 9, 2017, bid opening for the 2017 Pavement
Management Program project.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. N. Authorize Letter of Support for Habitat for Humanity
Prepared By
Marc Nevinski, Physical Development Director
Summary
Twin Cities Habitat for Humanity is requesting a letter of support from the City of Golden Valley
in its application to Hennepin County to assist in funding the purchase and rehabilitation of four
home along the Blue Line Extension corridor. No assistance is being sought from the City. The
homes will be available for purchase to income-qualified buyers. Staff has been told that the
other communities along the line are providing letters of support. Habitat for Humanity has
completed a number of projects in Golden Valley in the past, most recently on Gettysburg Court
near the General Mills Nature Area.
Attachments
•Golden Valley Letter of Support (1 page)
Recommended Action
Motion to authorize staff to sign a letter of support for Habitat for Humanity.
February 17, 2017
Margo Geffin
Manager, Housing Development and Finance
Hennepin County Housing, Community Works, & Transit
701 Fourth Avenue S, Suite 400
Minneapolis, MN 55415-1843
Dear Ms. Geffin,
Habitat for Humanity recently informed the City of Golden Valley of its plans to acquire and rehabilitate
four homes along the Bottineau Light Rail Corridor (aka the Blue Line Extension), which runs through
Golden Valley, and that the homes will be available for purchase to income-qualified households. The City
is aware of the importance and value of locating housing options near transit facilities, and that amenities
such as light rail transit can drive up rents and purchase prices, thereby making housing affordability
difficult.
The City of Golden Valley, along with the other communities in the Metro area, is currently in the process
of updating its comprehensive plan, which will include the City’s plans and policies for housing. Although
the City has not formally adopted new or updated goals or housing policies, affordable housing options
and homeownership are important and valuable assets for any community to provide.
The City of Golden Valley is aware of Twin Cities Habitat for Humanity’s long track record of educating
buyers about home ownership, providing fair and equitable financing, and completing sound rehabilitation
projects through the region, and a number of such homes have already been built in Golden Valley.
Therefore, the City fully supports Twin Cities Habitat for Humanity’s application for funds from
organizations such as Hennepin County, Minnesota Housing Finance Agency, and the Federal Home Loan
Bank to assist them with an acquisition-rehab-resale project in our area. These funds are critical as
municipalities such as ours lack funding of our own to support this type of housing investment.
The City of Golden Valley looks forward to working closely with Twin Cities Habitat for Humanity on this
particular effort to provide affordable housing opportunities along the Blue Line Extension.
Sincerely,
Tim Cruikshank
City Manager
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
3. O. Approval of Additional Meetings for Council Reimbursement
Prepared By
Tim Cruikshank, City Manager
Summary
Each year the Council reviews the list of meetings that are eligible for reimbursement. The Council
reviewed the list at the February Council/Manager meeting.
Recommended Action
Motion to approve the meetings for Council reimbursement as listed below:
∼Beyond the Yellow Ribbon Campaign
∼Bicycle and Pedestrian Planning Task Force
∼Bottineau Light Rail Transit (LRT) Community Works Steering Committee
∼Golden Valley Business Council
∼Golden Valley Historical Society Board Member
∼Highway 169 Mobility Study Policy Advisory Committee
∼Hopkins School District 270 Caring Youth Committee
∼Hopkins School District 270 Cities Joint Meetings
∼League of Minnesota Cities (LMC) - Committee meetings
∼Legislative Liaison and Spokesperson
∼METRO Blue Line Extension Corridor Management Committee
∼Metro Cities
∼Minneapolis Water Advisory Board
∼Northwest Suburbs Cable Communications Commission
∼Regional Council of Mayors
∼Robbinsdale School District 281 Government Advisory Committee
∼Sochacki Park Governance Policy Board
∼TwinWest Chamber of Commerce
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
6. A. Authorize Support of a Cooperative Project Agreement For DeCola Ponds and Medicine Lake
Road Area Flood Mitigation Measure
Prepared By
Jeff Oliver, PE, City Engineer
Summary
In the spring of 2016, the Cities of Crystal, Golden Valley, and New Hope completed and
approved the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan to
address historic flooding in the area that results in property damage to homes and businesses
and closure of Medicine Lake Road. The plan includes a series of public improvement projects
within the three cities that, once fully implemented, will allow for safe passage of emergency
vehicles on Medicine Lake Road and will reduce flood damage to the affected businesses and
homes to the maximum extent feasible.
The three cities have begun pursuing financial resources from the Minnesota Department of
Natural Resources Flood Damage Reduction program, as well as from other agencies, to begin
implementation of the plan. As these efforts are underway, staff from the three cities are seeking
resolutions from the three City Councils that commit to working cooperatively to pursue
financing and construction of the improvements in the plan. The resolution being considered by
the three City Councils is attached.
Attachments
•Resolution Supporting a Cooperative Project Agreement for DeCola Ponds and Medicine Lake
Road Area Flood Mitigation Measures (2 pages)
Recommended Action
Motion to adopt Resolution Supporting a Cooperative Project Agreement for DeCola Ponds and
Medicine Lake Road Area Flood Mitigation Measures.
Resolution 17-15 February 21, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION SUPPORTING COOPERATIVE PROJECT AGREEMENT
FOR DeCOLA PONDS AND MEDICINE LAKE ROAD AREA
FLOOD MITIGATION MEASURES
WHEREAS, Minnesota statute § 471.59, et. seq., authorizes cities to enter into
cooperative project agreements; and
WHEREAS, the Cities of Crystal, Golden Valley, and New Hope, (Cities) each
contribute storm water runoff to the following areas:
1. DeCola Ponds, located south of Medicine Lake Road, east of Winnetka
Avenue, and north of Duluth Street (“DeCola Ponds Area”); and
2. Medicine Lake Road, located in the Cities of Golden Valley and New Hope,
between Winnetka Avenue North and Rhode Island Avenue North (“Medicine
Lake Road Area”); and
WHEREAS, the Cities of Crystal and News Hope contribute drainage to Terra Linda
Drive and Rosalyn Court, located in New Hope in the northeast quadrant of Medicine Lake
Road and Winnetka Avenue North (“Terra Linda Drive Area”); and
WHEREAS, homes located in the vicinity of the DeCola Ponds, located south of
Medicine Lake Road in Golden Valley, and the area around the intersection of Rhode
Island Avenue North and Medicine Lake Road in New Hope experience flooding during
heavy rain events; and
WHEREAS, several feet of flooding has been observed at the low point along
Medicine Lake Road during intense storm events, resulting in the road being temporarily
impassable and posing a potential public safety issue; and
WHEREAS, the flooding at the low point on Medicine Lake Road is located at the
boundary of the cities of Golden Valley and New Hope and poses a complex
intercommunity water management issue resulting in serious public safety and access
issues and damages to adjacent structures; and
WHEREAS, the DeCola Ponds Area, the Medicine Lake Road Area, and Terra Linda
Drive Area are all prone to significant flooding during heavy rainfall events; with a history of
property damage resulting from this flooding; and
WHEREAS, the City of New Hope completed a Report for Terra Linda Drive,
Rosalyn Court and Medicine Lake Road - Local Flood Improvement Project, dated
July 2006 and revised in November 2006, to investigate flood mitigation measures. The
City of New Hope has since implemented measures from this report to begin addressing
flooding issues in these areas; and
Resolution 17-15 -2- February 21, 2017
WHEREAS, the cities of Crystal, Golden Valley and New Hope, led by the City of
Golden Valley, have completed a DeCola Ponds Area Flood Mitigation Study, prepared by
Barr Engineering company and dated April 2012 (Phase 1 Study”) to investigate the cause
of the flooding in these areas that included a recommendation to further study flood
mitigation measures within the contributing watershed to the flood-prone areas to reduce
flood-related property damage; and
WHEREAS, the Cities entered into a Cooperative Project Agreement to further study
the flooding and by preparing the Medicine Lake Road and Winnetka Avenue Area Long-
Term Flood Mitigation Plan (“Plan”), prepared by Barr Engineering Company dated May 31,
2016 that identified projects within the Cities that, when fully implemented, will minimize
flood damages to the maximum extent feasible.
NOW, THEREFORE, in consideration of the mutual covenants herein, and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, Crystal,
Golden Valley, and New Hope hereby understand the importance of working together and
desire to work cooperatively to implement the flood mitigation measures outlined in the
Plan in the most cost-effective manner to minimize flood damages, and to work
cooperatively to secure additional outside funding sources to implement storm water
improvement in their respective cities.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Executive Summary For Action
Golden Valley City Council Meeting
February 21, 2017
Agenda Item
6. B. First Consideration of Council Salaries
Prepared By
Susan Virnig, Finance Director/Deputy City Clerk
Summary
As per City Code, Council salaries are reviewed every two years preceding the city election. Staff
has provided the percentage increase representing the average salary or wage increase for the
City non-union employees for the previous two years at 5%; 2.5% in 2016; 2.5% in 2017. The
increase would begin January 1, 2018 and has been reflected in the 2017-2018 Biennial Budget.
The salary increase is reflected below:
Current Salary New Salary
Mayor $12,207 $12,825
Council Members $9,136 $9,598
Attachments
•City Code Section 2.19 with underline/overstrike (1 page)
•Ordinance #618, Amending Salaries of Mayor and Council Members (1 page)
Recommended Action
Motion to adopt first consideration, Ordinance # 618, Amending Salaries of Mayor and Council
Members.
§ 2.19
Golden Valley City Code Page 1 of 1
Section 2.19:
Salaries of Mayors and Council Members
Subdivision 1
The annual salary of the Mayor shall be $12,207.00 $12,825.00.
Subdivision 2
The annual salary of each Council Member shall be $9,136.00 $9,598.00.
Subdivision 3. Approved Additional Meetings
In addition to their salaries, the Mayor and Council shall be paid $50.00 for each
meeting they are directed or designated to attend, up to a maximum of $150.00
per month. The method for approval of meetings shall be outlined by resolution of
the Council.
Subdivision 4
The salaries provided for herein shall be effective January 1, 2016 2018.
Subdivision 5
In April of each odd numbered year, the City's staff shall provide to the Council the
percentage representing the average salary or wage increase for City non-union
employees for the previous two years so that the Council may consider appropriate
increases in its salaries.
ORDINANCE NO. 618, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Salaries of Mayor and Council Members
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Section 2.19, Subd. 1. 2. and 4. are hereby amended to read:
Subd. 1. The annual salary of the Mayor shall be $12,207 $12,825.
Subd. 2. The annual salary of each Council Member shall be $9,136 $9,598
Subd. 4. The salaries provided for herein shall be effective January 1, 20168.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its
entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopt by the City Council this 21
st day of February, 2017.
/s/Shepard M Harris
Shepard M Harris, Mayor
ATTEST:
/s/Kristine A Luedke
Kristine A. Luedke, City Clerk
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
March 7, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no discussion
of these items unless a Council Member so requests in which event the item will be
removed from the general order of business and considered in its normal sequence on
the agenda.
A.Approval of Minutes - City Council Meeting February 21, 2017
B.Approval of City Check Register
C.Licenses:
1. General Business Licenses
D.Minutes:
1.
E.Bids and Quotes
1. Approve HVAC System Contract
F.
4.PUBLIC HEARINGS
A.Public Hearing for Highway 55 West Public Improvement Project
B.Public Hearing for Highway 55 West Project - Certification of Assessments
5.OLD BUSINESS
6.NEW BUSINESS
A.Second Consideration - Ordinance #618 - Amendment of Salaries of Mayor and
Council Members
B.First Consideration - Ordinance # - Addition of Youth Member to Board and
Commissions
C.Approve Annual Lease Agreement with the Golden Valley Community Foundation
D.Announcement of Meetings
1. Future Draft Agendas: Council/Manager March 14, 2017, City Council March 21
and April 4, 2017
E.Mayor and Council Communications
7.ADJOURNMENT
A G E N D A
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
March 14, 2017
6:30 pm
Pages
1. Comprehensive Plan Updates - Land Use (15 minutes)
2. Brookview Update (30 minutes)
3. Brookview Branding (30 minutes)
4. Commission Annual Reports:
a. Bassett Creek Water Management Commission (15 minutes)
b. Human Rights Commission (15 minutes)
5. Solar Project (20 minutes)
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
March 21, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no discussion
of these items unless a Council Member so requests in which event the item will be
removed from the general order of business and considered in its normal sequence on
the agenda.
A.Approval of Minutes - City Council Meeting March 7, 2017
B.Approval of City Check Register
C.Licenses:
1.
D.Minutes:
1.
E.Bids and Quotes
1.
F.
4.PUBLIC HEARINGS
A.Public Hearing - Ordinance # - Zoning Code Text Amendment Board of Zoning Appeals
Bylaws Change (Youth Member)
5.OLD BUSINESS
6.NEW BUSINESS
A.Second Consideration - Ordinance # - Board and Commission Addition of Youth
Member
B.Announcement of Meetings
1. Future Draft Agendas:, City Council April 4, 2017, Council/Manager April 13,
2017 and City Council April 20, 2017
C.Mayor and Council Communications
7.ADJOURNMENT