05-02-17 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
May 2, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
C.Presentation: Hennepin County Attorney Mike Freeman - “Crime Update”
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 April 20, 2017 2-3
B.Approval of City Check Register 4
C.Licenses:
1. Temporary Liquor License for Chester Bird American Legion 5
2. Requests for Beer and/or Wine at Brookview Park 6-7
D.Minutes:
1. Special Planning Commission - April 12, 2017 8-14
2. Planning Commission - April 12, 2017 15-19
3. Board of Zoning Appeals - February 28, 2017 20-23
4. Human Rights Commission - March 27, 2017 24-26
5. Environmental Minutes - March 27, 2017 27-28
6. Bassett Creek Watershed Management - March 16, 2017 29-36
E.Proclamation for Arbor Day and Arbor Month - May 2017 37-38
F.Approval of Twin City Tennis Camp Service Agreement 39-46
G.Amending the 2017 General Fund Budget 17-21 47-48
H.Modifying 2017 General Wages and Salary for Human Resources Director, Acting
Building Official and Temporary Building Inspector 17-22
49-50
4.PUBLIC HEARINGS
5.OLD BUSINESS
6.NEW BUSINESS
A.Approval of Public Art Policy 17-23 51-65
B.Announcement of Meetings
C.Mayor and Council Communications
7.ADJOURNMENT
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
April 20, 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 Schmidgall, seconded by Council Member Clausen to
approve the agenda of April 20, 2017, as submitted and the motion carried.
City Manager Cruikshank stated it is severe weather month and that City staff has taken part
in exercises in event of a severe weather warning. He asked Council to participate tonight
when the warning sirens sound by going to the city hall’s designated severe weather spot.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to
approve the consent agenda of April 20, 2017, as submitted and the motion carried.
3A.Approve Minutes of the City Council Meeting of April 4, 2017.
3B. Approve City Check Register and authorize the payment of the bills as submitted.
3C1.Approve the Amendment to the Club and Sunday Liquor License premises for Chester
Bird American Legion, 200 Lilac Drive.
3C2.Authorize Issuance of Refuse/Recycling Vehicle Licenses as recommended by staff.
3C3.Approve Issuance of a Therapeutic Massage Facility License for True Blue Massage
and Bodywork located at 8421 Wayzata Boulevard, Suite 230.
3D.Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - March 27, 2017
2. Human Service Fund - March 13, 2017
3. Open Space & Recreation Commission - February 27, 2017
3E.Adopt Resolution 17-19, Adopting Amendments to Employee Handbook.
3F.Authorize contracting with Granite Ledge Electrical Contractors, Incorporated to upgrade
traffic signals at Betty Crocker Drive and General Mills Boulevard; and at Mendelssohn
Avenue North and Plymouth Avenue North in an amount not to exceed $20,431.
3G.Receive and file the March 2017 Financial Reports.
3H.Adopt Resolution 17-20, Authorizing the Transfer of $1,000,000 from the General
Fund to the Park Improvement Fund for $300,000 and to the Storm Utility Fund for
$700,000.
4. PUBLIC HEARINGS
6. NEW BUSINESS
6A. Announcement of Meetings
A Coffee With A Cop event will be held on April 25, 2017, from 9 to 10:30 am at Courage
Kenny Rehabilitation Institute located at 3915 Golden Valley Road.
Unofficial City Council Minutes -2- April 20, 2017
6A. Announcement of Meetings - continued
The 2017 Open Book Meeting will be held on April 25, 2017, at 4 pm in the Council
Conference Room.
Some Council Members may attend the Golden Valley Business Council meeting on April 27,
2017, from 7:30 to 9 am at Second Harvest Heartland located at 6325 Sandburg Road.
Some Council Members may attend an Open House for Cornerstone Creek on April 27,
2017, from 11:30 am to 1 pm at Cornerstone Creek located at 9280 Golden Valley Road.
Some Council Members may attend the Conversation event with Tom Fisher of Metropolitan
Design Center on April 27, 2017, at 6:30 pm at the Crystal City Hall located at 4141 Douglas
Drive.
Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April
29, 2017, beginning at 7:45 am at the Davis Community Center at Meadowbrook School
located at 5430 Glenwood Avenue.
The 2017 Step To It Challenge will run from May 1 through May 28, 2017.
Some Council Members may attend the Global Golden Valley International Student visit event
on May 2, 2017, at 5:30 pm in the Council Conference Room.
The next City Council meeting will be held on May 2, 2017, at 6:30 pm.
The Neighbor Watch Community Meeting will be held on May 2, 2017, at 7 pm in the Police
Department Training Room.
The Council took a brief recess in observance of the severe weather warning sirens.
6C. Mayor and Council Communication
Council Member Clausen stated she met with a group of Golden Valley residents involved
with the sanctuary cities program and asked if the Council would like to invite them to an
upcoming Council/Manager meeting to discuss the program with the entire Council and City
Staff present. City Manager Cruikshank answered questions from Council. There was Council
discussion about this request. The consensus was to place the item on a future
Council/Manager meeting.
Mayor Harris thanked city staff for their assistance on the Civics 101 Forum and
Congressman Ellison for planning the event. He also thanked those who attended the Jewish
Family Council Services and PRISM’s new building kick-off event.
7.ADJOURNMENT
MOTION made by Council Member Fonnest, seconded by Council Member Snope and the
motion carried to adjourn the meeting at 7:12 pm.
_______________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
May 2, 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
May 2, 2017
Agenda Item
3. C. 1. Temporary On-Sale Liquor License - Chester Bird American Legion
Prepared By
Kris Luedke, City Clerk
Summary
The Chester Bird American Legion, 200 North Lilac Drive, has applied for a temporary on-sale
liquor license for Saturday, June 24, 2017, from 5 pm to midnight for the 2017 Golden Valley Fire
Relief Association Annual Street Dance.
The City Code does provide for temporary sales of liquor with Council approval. Also, required is a
certificate of liquor liability insurance naming the City as an additional insured in the amount of
$1,000,000. The Chester Bird American Legion has provided this certificate for their event.
Recommended Action
Motion to approve a temporary on-sale liquor license for the Chester Bird American Legion, 200
North Lilac Drive, for the 2017 Golden Valley Fire Relief Street Dance on Saturday, June 24, 2017.
Executive Summary For Action
Golden Valley City Council Meeting
May 2, 2017
Agenda Item
3. C. 1. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. “No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council.” As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
•Beer and/or wine request list (1 page)
Recommended Action
Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff.
BEER AND/OR WINE REQUEST LIST
INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER
CC DATE
APPROVED
Jarosin, Martin 05-13 11am-4pm Large 05-02-17
Stroup, Abbey 05-13 11am-10pm Small 05-02-17
Cay, Francisco 05-14 5pm-10pm Large 05-02-17
Nimel, Princess 05-20 5pm-10pm Small 05-02-17
Prosveto, Yana 05-21 5pm-10pm Large 05-02-17
Picott, Brianna 05-24 5pm-10pm Large 05-02-17
Bogari, Socorro 05-27 5pm-10pm Large 05-02-17
Rinco, Victor Cid 05-27 5pm-10pm Small 05-02-17
Pettit, Ann 06-10 11am-4pm Small 05-02-17
Franklin, Carlissa 06-10 5pm-10pm Small 05-02-17
Uribe, Jessica 06-17 5pm-10pm Small 05-02-17
Behnke, Jeana 06-23 5pm-10pm Small 05-02-17
Boushe, Diane 06-25 5pm-10pm Small 05-02-17
Jones, Jovita 07-08 5pm-10pm Large 05-02-17
Jones, Jovita 07-08 11am-4pm Small 05-02-17
Machli, Melissa 07-14 5pm-10pm Large 05-02-17
Mantey, Stella 07-15 11am-10pm Small 05-02-17
Louwa, Andrea 07-18 11am-10pm Large 05-02-17
Cook, Jaron 07-20 11am-4pm Large 05-02-17
Anderson, Jay 07-23 11am-4pm Large 05-02-17
Victor Harvath 07-23 5pm-10pm Large 05-02-17
Richins, Ronald 07-28 5pm-10pm Large 05-02-17
Dade, Madie 07-29 5pm-10pm Small 05-02-17
Lee, Angela 08-10 5pm-10pm Large 05-02-17
Beneke, Paul 08-13 11am-4pm Large 05-02-17
Habeg, Robert 08-31 5pm-10pm Large 05-02-17
Suah, Alfred 09-03 5pm-10pm Large 05-02-17
Special Meeting of the
Golden Valley Planning Commission
April 12, 2017
A special meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Wednesday,
April 12, 2017. Chair Segelbaum called the meeting to order at 6:30 pm.
Those present were Planning Commissioners Baker, Blenker, Blum, Johnson, Kluchka,
Segelbaum, and Waldhauser. Also present were Planning Manager Jason Zimmerman,
Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa
Wittman.
1. 6–6:30 pm: Open House (Housing)
2. 6:30–8 pm: Presentation and Discussion (Housing)
Goellner explained that this Comp Plan discussion will focus on the housing chapter. She
stated that the housing goals in the 2040 Comp Plan Update are proposed to be the
same as they are in the current (2030) Comp Plan and are as follows: maintain housing
quality, expand the variety of housing options, increase housing affordability, encourage
environmentally sustainable housing, and advance equity in housing practices and
policies.
Goellner introduced Matt Mullins from Maxfield Research and Consulting to discuss the
Comprehensive Housing Needs Analysis (Housing Study) findings.
Mullins explained that Maxfield’s objective is to provide a custom, comprehensive housing
study that identifies current and future housing needs for residents in Golden Valley and
to provide a framework for meeting housing needs. He added that the study includes
short and long term housing needs, recommendations guiding future housing
development and tools/policies to implement the plan.
Mullins discussed Golden Valley’s historic and projected population and stated that the
estimated population in 2040 is 23,900, with the highest growth rates among the 55+
population, and a shift towards smaller household sizes. He referred to a chart showing
growth and income trends by age of household and noted that Golden Valley has strong
household incomes.
Mullins stated that Golden Valley is a major job importer with approximately 31,000 jobs.
He noted that only 2.5% of Golden Valley workers reside in Golden Valley and 28% of
Golden Valley residents commute to Minneapolis.
Mullins referred to a chart showing construction permits issued from 2000 through 2015
and stated that multifamily projects are driving new construction. He discussed the rental
housing inventory and stated that approximately 23% of households are rental units, 50%
of the rental housing stock was built prior to 1980, and 20% of the rental stock consists of
single family homes. He explained that overall rental housing vacancies are low at 1.7%.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 2
The vacancy rate for market rate (1,276 units) is 2.8% while the affordable/subsidized
units (175 units) have a 0% vacancy rate. He added that older rental properties are more
naturally affordable and that 55% of the inventoried market rate units are affordable to
people earning 50% to 60% of the Area Median Income (AMI). He discussed housing cost
burden (more than 30% of household income is allocated to housing costs) and stated
that more renters than owners are cost burdened. Mullins talked about the senior housing
inventory (restricted to residents age 55+) and said there are 575 market rate units, 202
subsidized units, and a 4.9% vacancy rate.
Mullins referred to housing sales and stated that home prices are topping the previous
peak. He showed several graphs that illustrated sale prices, lender mediated sale
percentages, and the active supply of homes for sale. He discussed the housing
demands through 2025 and stated that there is a demand for 900+ general occupancy
units by 2025 which includes: 590 for sale multifamily units, 173 for sale single family lots,
59 subsidized rental units, and 99 affordable rental units. The demand for senior housing
units is 600+ units and includes: owner, rental, congregate, assisted living, memory care,
and subsidized units.
Mullins discussed the recommendations from the study and stated that there is a demand
for 170+ single family homes with a strong demand for new single family homes across all
prices; however high land costs prohibit entry-level and middle-market product, so
redevelopment will occur through infill, teardowns, etc. and new single family homes will
be priced high.
Mullins stated that the demand for multifamily, for sale units is 590 units with a variety of
housing types at all prices points. Some potential multifamily, for sale housing types could
include twin homes/duplexes, townhomes/row homes, quads, detached townhomes, and
condominiums.
Mullins stated that the demand for rental housing is approximately 400 units for all
incomes, household types and product types and that the existing market rate buildings in
the pipeline should meet the short-term demand. The recommendations for rental housing
include more affordable rentals and subsidized units which are difficult to finance.
Mullins stated that the demand for senior housing is 637 units across most service levels
and he recommends the following: 50-60 units of senior cooperative, 80+ units of active
adult rental, 80 to 100 units of assisted living, 100+ units of memory care, and 100 units
of subsidized by 2025.
Waldhauser noted that Mr. Mullins mentioned that 97% of the employees in Golden
Valley come from outside Golden Valley and asked if there is information about where
Golden Valley residents go for work. Mullins said majority of people go to work in
Minneapolis. Baker asked if there is a reason to serve the community that works but
doesn’t live in Golden Valley. Mullins said some cities have “live where you work”
programs, but major corporations are drawing employees from across the area and that is
almost expected in the metro area. He added that Golden Valley is centrally located and it
is tough to answer why people choose to live where they live.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 3
Blenker referred to active adult rental housing for seniors and asked how that is different
from regular multifamily rental housing. Mullins said active adult rental refers to an age
restricted rental community with very few services. He said that type of product got hit
hard with the recession, but it is starting to come back. Blenker asked Mullins how he
decides what categories of senior housing are needed. Mullins said it comes down to
what kind of assistance people need, the percentage of people who need different types
of assistance, and the income of residents needing services.
Johnson stated that the report says demand exists for additional housing, but it also
states that the housing supply is ok for the foreseeable future and that supply is meeting
demand. He questioned where the gaps are in the supply and demand and how those
statements work together. Mullins stated that there is a matrix at the end of the report
where they make recommendations on product type and the number of units that should
be developed. He clarified that in his presentation he was referring to the supply of
“market rate housing” and that is what’s adequate for the foreseeable future. Johnson
noted that the study “predicts housing demand from 2016 through 2025 to satisfy demand
from current and future residents over the next decade” and questioned what he is
missing. Waldhauser clarified that statement is only referring to “market rate rentals.”
Mullins talked about AMI and stated that 55% of all the market rate units would qualify for
affordable housing according the income guidelines established by HUD. He said that
needs to be monitored because older rental properties are naturally affordable units that
could go away if developers replace them with more expensive units. He reiterated that
there is a demand for 600+ units of senior housing by 2025 and that the current vacancy
rate is low so that suggests there is a shortage of senior housing.
Segelbaum asked Mullins if the study has recommendations for other types of housing
units. Mullins referred to the executive summary from the Housing Study and discussed
the chart showing the recommended housing development for owner-occupied homes,
general occupancy rental housing, and senior housing units from 2017 to 2025.
Segelbaum opened the meeting to public comments.
Ruth Paradise, 8515 Duluth Street, said she took out long term care insurance in hopes
of staying in her house longer. She asked about the City’s requirements regarding renting
out her basement or having live-in care.
Laurie Levin, 240 Brunswick Avenue South, said she knows this is a very complex issue
and she is only beginning to understand it, but she is coming away from this presentation
and from other conversations she’s had, with the sense that Golden Valley is not a place
where people of modest means can afford to live. She encouraged the City to think about
changing that reality. She said she knows there isn’t a lot of vacant land to build on and
that adding affordable housing is challenging, but she would like something to change as
the City moves forward in the Comp Plan update process. She stated that perhaps
Golden Valley doesn’t need as many high-end apartment units as it already has. She said
she thinks people who build them may get rich, but they are not places where modest
folks can live.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 4
Alfred Lewald, 1350 Douglas Drive North, said the biggest demands are for senior
housing and affordable, lower income housing. He said he wonders how much thought is
being given to Section 8 vouchers and to preventing existing older buildings from being
bought, invested in a little bit and then raising the rents. He said most people who have
lived in a building for a long time don’t have a lease and have to leave after a 30 or 60
day notice. He said he thinks it would be cheaper and easier to maintain existing buildings
so that rents can stay affordable. He said there are a lot of businesses in Golden Valley
that employ minimum wage workers and he questions where they will live.
Christine Hart, Community Action Partnership of Suburban Hennepin, said she would like
to echo what has already been said. She stated that one of the things they’ve been
working on is naturally occurring affordable housing across suburban Hennepin County.
She referred to Stonehaven, a 70-unit apartment building in Golden Valley that was sold
and tenants had 60 days to leave. The building was then remodeled and rents were
raised. She said they lost housing stock and neighbors who have lived there for 5, 10, or
15 years so this is something that is happening all the time across the County and she
encourages the City to consider how to preserve this type of housing stock to prevent
displacement. Segelbaum asked Hart if she had any information to leave with them. Hart
said she met with some of the Council Members recently and gave them some model
ordinances from other cities to review that address displacement, preserving naturally
occurring affordable housing, and increasing affordable housing.
Jason Wittak, St. Josephs, New Hope, stated that when people get displaced they turn to
PRISM and churches and have to rely on social services whose means are limited. He
referred to housing goal #3 in the Comp Plan and said he is heartened to see a goal
regarding increasing housing opportunities, but suggested a stronger word than “monitor”
regarding the City’s housing supply. He added that he would like to see the City be
proactive and get ahead of displacements and preserve both affordable and senior
housing units.
Steve Mattix, 1604 St. Croix Circle, said the two big demand areas that have been
presented are senior housing and multifamily units to own, but he thinks an equal amount
of focus should be on removing obstacles and allowing people to turn their single family
homes into twin homes or duplexes, because the entry level housing market is tight in
Golden Valley, lots are hard to find, and single family homes are being torn down and
replaced with more expensive homes. He said he thinks the Comp Plan should also
address getting people to stay and own homes in Golden Valley.
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
comment period.
Goellner referred to the Comp Plan housing goals and reviewed each one along with the
objectives and proposed implementation options for each one. The first goal is about
maintaining housing quality. She stated that staff is recommending that the property
maintenance program continues, that the City promote Hennepin County’s deferred loan
programs for housing rehabilitation, that new housing programs be adopted to help
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 5
people stay in their homes longer, and that design standards be considered to help keep
up the quality of new buildings.
The second goal is expanding the variety of housing options. For this goal, staff is
recommending authoring a Housing Action Plan to help meet the housing needs
explained in the Housing Study. Staff is also recommending a housing study be done
every five years, and also looking at areas of the City that can accommodate the “missing
middle” housing options such as twin homes and townhomes, and considering options for
multi-generational housing.
The third goal is to increase housing affordability. Staff is proposing a Housing Action
Plan be drafted shortly after the adoption of the Comp Plan to ensure that the City meets
the Metropolitan Council requirements of at least 111 affordable units by 2040. Staff is
also proposing that the Housing Action Plan proposes ways to preserve naturally
occurring affordable housing, and includes a mixed-income/inclusionary housing policy
that could require a certain number of affordable units in a high-end, luxury building for
example.
The fourth goal is encouraging environmentally sustainable housing. Staff is
recommending partnerships and housing programs for energy efficiency retrofits,
educating residents about energy efficiency and energy conservation, continuing
preserving open space and vegetation, implementing policy regarding sustainable/green
building, offering incentives, partnerships, and programs for renewable energy, and
locating new multifamily housing near transit, bicycle routes, trails, and sidewalks to
reduce the amount of driving.
The fifth goal is to advance equity in housing practices and policies. Staff is
recommending the continuation of training of government staff and officials on achieving
racial equity in all policies and procedures, limiting exclusionary rental practices, and
utilizing the City’s Human Rights Commission to help educate the community on
discrimination issues and Fair Housing practices.
Waldhauser said Goellner addressed many of the public’s comments/questions. She
asked about the ability to make more properties available for smaller lots, twin homes,
townhomes, etc. Goellner stated that the R-2 Zoning District allows for those types of
properties, but there is a very limited amount of land in the City that is zoned R-2.
Baker referred to the question regarding rental property and suggested the homeowner
contact staff at City Hall. Goellner stated that there is limited ability today to accommodate
separate rental units within single family homes, but that is something the City could
consider in the future.
Segelbaum referred to the suggestion that the word “monitor” in goal #3 be changed.
Blenker said she agrees that the word “monitor” is too soft and that the policies regarding
affordable housing aren’t very strong and didn’t get much action in the last Comp Plan.
She said if the City feels affordable housing is an important goal she would like to see it
moved up on the list of goals. Segelbaum asked if the list of goals is organized in order of
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 6
priority. Goellner said no, but it can be. Baker agreed that is the perception of the list
whether it is the intent or not. Segelbaum said he thinks the goals regarding affordable
and senior housing would probably be higher on the list.
Baker said it is his impression that there is a decline in the interest in ownership
especially among millennials, but that is not what he sees reflected in the report. In fact,
the report states that more opportunities for ownership should be provided. He asked
Mullins to clarify the difference. Mullins stated that millennials today have a lot of debt and
are delaying home ownership. He added that the average age of home ownership has
gone up over the past several years, however, millennials will eventually want to be home
buyers.
Blenker stated that it is important to consider policies regarding naturally affordable
housing and added that a portion of all buildings should be affordable. She asked why the
City hasn’t implemented that policy yet. Goellner agreed and said that when the Comp
Plan was last updated it might have been too early for those types of policies, and that it
might now be a better time for implementing these policies. Waldhauser asked if other
communities with land costs as high as Golden Valley’s are implementing similar policies.
Goellner said yes and added that other communities have had success with their policies.
Johnson referred to goal #4 regarding environmentally sustainable housing and noted
that none of the policies address existing housing. He suggested that something be
added regarding encouraging energy efficiency in all homes.
Blum said he would like to consider other kinds of language in the goals and policies
regarding concentration of affordable housing in one particular building or one area. He
said the goal of having affordable housing is important and valuable, but there can be
negative externalities when it is concentrated in one area or one building. He said he
thinks the City’s most important ally is the market and incentivizing developers to build
affordable housing within what the market can bear.
Baker said he realized that the Planning Commission is just looking at goals and
objectives at this meeting but he thinks it is hard to stay at this high level of thinking. He
said he wants to see the specific tools, details, and the list of actions and
recommendations to the City Council. Goellner reiterated that the Housing Action Plan will
use numbers from the Housing Study and will be very specific.
Kluchka asked if there are non-profit developers. Goellner said yes and stated that staff
has met with some of them, but there haven’t been any proposals since the Cornerstone
Creek development. Kluchka asked if there is a way to encourage them, or add that as a
goal. Goellner said yes.
Johnson asked if the Planning Commission could get staff’s assessment and takeaways
on the Housing Study.
The meeting was adjourned at 8:03 pm.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 7
__________________________________________________________
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Regular Meeting of the
Golden Valley Planning Commission
April 12, 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 Wednesday,
April 12, 2017. Vice Chair Baker called the meeting to order at 8:06 pm.
Those present were Planning Commissioners Baker, Blenker, Blum, Johnson, Kluchka,
and Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate
Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
Commissioner Segelbaum was absent.
1. Approval of Minutes
March 27, 2017, Regular Planning Commission Meeting
Waldhauser referred to the last sentence in the third paragraph on page one and asked
that it be amended to read as follows: “Waldhauser said she likes that the resilience of the
business community and the employment opportunities it provides is included under the
sustainability and resilience umbrella.”
MOVED by Johnson, seconded by Kluchka and motion carried 4 to 2 to approve the
March 27, 2017, minutes with the above noted changes. Commissioners Baker and Blum
abstained from voting.
2. Informal Public Hearing – Zoning Code Text Amendment – Mobile Food
Vending in Residential Zoning Districts – ZO00-112
Applicant: City of Golden Valley
Purpose: To consider allowing mobile food vending in Residential Zoning
Districts
Goellner reminded the Commission that the City adopted an ordinance regarding mobile
food vending in 2015, however it did not include Residential Zoning Districts at the time
because the City wanted to have a trial period first. She explained that there have been
some recent inquiries from residents who would like to have food trucks at their homes
for parties, receptions, etc. and staff is proposing that mobile food vending be allowed in
Residential Zoning Districts with a permit.
Goellner discussed the proposed regulations for residential permits which include:
allowing food trucks from 8 am to 10 pm, requiring a $40 per day fee, allowing one day
permits only, prohibiting liquor sales, requiring trash removal, requiring a state or county
food license, requiring that existing noise ordinance regulations be followed, allowing
food trucks for private parties only, not for sales to the general public, requiring parking
on an impervious surface/driveway, prohibiting overnight parking, and for multifamily
buildings, a mobile food vendor cannot park in a way that creates a parking shortage.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 2
Waldhauser asked why staff is recommending that food trucks not be allowed to park in
the street. Goellner said staff is concerned about obstructing the street, causing lines to
form in the street, and potentially obstructing traffic. Goellner said she thinks the City will
receive more complaints if food trucks are allowed to park in the street. She added that
if a food truck is parked in a driveway it sends a message that it is a private event and
not open to the public.
Kluchka referred to the requirements regarding overnight parking of commercial
vehicles and asked about the definition of a commercial vehicle and the location of the
commercial vehicle regulations. Zimmerman said there is a definition for commercial
vehicles and it has to do with the weight, height, and length, etc. of the vehicle. Baker
said he has seen other types of mobile uses and asked if those are allowed.
Zimmerman said the City Code is silent on those types of uses in residential areas, but
they could be addressed as other types of mobile uses in the future. Baker said he
wants to be sure there are no loopholes created.
Johnson questioned how the food trucks would enforce selling their food only to the
applicant’s guests, and not to the public. Goellner said it would be enforced on a
complaint basis. Johnson suggested requiring food trucks to display a sign that says
private party only.
Blum asked if staff has considered parking restrictions around a food truck or requiring
them to be a certain distance from other structures or items. Goellner said the biggest
impact the City can have is making sure the food trucks themselves aren’t parked in the
street. She added that if a person has a party at their house now, they can take up all
the parking on the street so the only thing the City can control is overnight parking.
Zimmerman stated that staff would check with the Fire Department regarding any
recommendations they may have regarding the distance between food trucks and
homes or other structures.
Baker opened the public hearing.
Larry Kueny, 7303 Ridgeway Road, said the City has pushed the message of buying
local and he questions how many restaurants in Golden Valley that have great catering
will be hurt by this ordinance. He asked if City parks allow food trucks and if so, he
suggested people have their parties there. He stated that if his neighbor had a food
truck the only place they could park it would be 20 feet away from his house and he
doesn’t want to smell food cooking and hear noise all day long. He said this ordinance
doesn’t make any sense to him and said the City really needs to think this through.
Hearing and seeing no one else wishing to comment. Baker closed the public hearing.
Blum said the idea of requiring a private event sign to be posted on food trucks is a
good idea because he doesn’t think the food truck operators are going to turn away
customers so the City needs to proactively put people on notice.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 3
Waldhauser said allowing food trucks in residential areas is an alternative to hiring a
caterer. She questioned if the food truck would be selling food to guests or if applicants
would be paying for the food truck to give the food to their guests. Goellner said the
applicants would be paying for the food truck and giving the food to their guests.
Waldhauser said that would help with the concern of food trucks being private versus
public. Baker referred Subdivision 2(A)(17) in the proposed ordinance and said “limiting
sales” to the public might not be the right wording. Johnson suggested using the words
“limiting service” instead. Blum stated that some food trucks might have a hybrid service
where the applicant pays for some of the food and the guests supplement the rest so
there may be some purchasing of food from the trucks occurring.
Baker again referred Subdivision 2(A)(17) in the proposed ordinance and said he
doesn’t like the words “not intended” in regard to serving the general public because it
doesn’t seem strong enough. He questioned if there should be a requirement that
neighbors be notified because if someone hates the idea maybe the applicant could
plan their event elsewhere. Zimmerman stated that residents having parties now could
be barbequing all day or running a generator for a bouncy house for several hours, so
what is being proposed is not that far from what is already currently allowed.
Waldhauser agreed and said the City can’t legislate being neighborly and that people
have to put up with inconveniences now and then.
Kluchka suggested the language in Subdivision 2(A)(17) be amended to state that
vending operations “will not” serve the general public. He said he likes the idea of
requiring food trucks to be located a certain distance from other structures. He also
suggested that food trucks in residential areas be required to have internal generators
only and that they can only be a certain maximum width as measured from mirror to
mirror. He said he would not say no to allowing parking on the street, but he would like
to see a maximum operating time. He questioned if food trucks are allowed in the City
parks. Goellner said yes. Kluchka said he would like to make it convenient for
Brookview to serve food in their park.
Blum stated that the proximity of food trucks to other structures is important because
allowing a food truck right next to someone’s living room is unsightly and he would like
to mitigate that. He said that if the City finds it over-burdensome in the future they can
reconsider the language and that he wants to encourage business in Golden Valley but
not at the expense of residents.
Waldhauser noted that allowing parking on the street would help with the concern about
proximity to other structures because the food trucks would be further away from the
house. Blum said he thinks there are other issues with parking in the street. Baker
suggesting adding language to the ordinance that would require that the serving window
be on the applicant’s side of the property so people would not have to line up in the
street.
Waldhauser said she likes the idea of a time limit but she doesn’t think vendors will stay
longer than they have to and the ordinance has a 10 pm limit. Baker agreed and said
those types of details would be in a contract.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 4
Waldhauser questioned if language should be added in order to prevent someone from
having a food truck every weekend. Goellner said it could be limited to once per year.
Johnson referred to language in the proposed ordinance regarding the distance from
schools and asked if the words “when school is in session” means the school day or the
school year. Goellner said it refers to the school day and that the language is trying to
prevent kids from leaving school to go to a food truck.
Johnson said he thinks noise will be an issue and he agrees with the idea of requiring
internal generators. He said he also agrees there should be a time limit of six or eight
hours and he would prefer that food trucks park on driveways. Blenker said she agrees
that an event would feel more private if the food truck is parked on the driveway.
Waldhauser said she would like parking on the street to be an option. Baker agreed but
with certain limitations because he doesn’t want to cause parking issues for other
neighbors.
Kluchka reiterated that he would like to see an appropriate distance between houses
and food trucks.
Johnson referred to the comment that allowing food trucks could hurt local caterers
which it could, but there are no current rules that require hiring local caterers.
Baker suggested tabling this item to allow staff to address the concerns discussed.
Kluchka noted that the proposed ordinance isn’t clear about who the applicant must be.
He asked that it be clarified to state that the property owner should be the applicant.
Johnson asked about reaching out to the food truck association and asking them what
they think. Zimmerman said staff did talk to them when this ordinance was first written.
MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to table
this item to a future meeting.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Baker stated that he has resigned from the Community Advisory Committee for the light
rail project. Zimmerman stated that postcards have been sent to all residents in the
northeast corner of the City to find interested people to serve on that committee.
Waldhauser reported on the Brookview focus meeting she attended and said it was very
interesting and very well done. Kluchka said he also attended and agreed that it was well
done.
Minutes of the Golden Valley Planning Commission
April 12, 2017
Page 5
Waldhauser reported on a walking tour she attended in downtown Minneapolis regarding
the testing of trees in downtown areas. She stated that trees can be planted in downtown
areas, it just costs more.
Goellner reminded the Commission that there will an Urban Land Institute (ULI) event
called “Navigating Your Competitive Future” with the City Council on June 21 from 6 to 8
pm.
4. Other Business
•Council Liaison Report
No report was given.
5. Adjournment
The meeting was adjourned at 9 pm.
__________________________________________________________
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
February 28, 2017
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
February 28, 2017, 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, Orenstein, Perich and Planning Commission
Representative Segelbaum. Also present were Associate Planner/Grant Writer Emily
Goellner and Administrative Assistant Lisa Wittman. Member Nelson was absent.
I. Approval of Minutes – January 24, 2017, Regular Meeting
MOVED by Baker, seconded by Perich and motion carried to approve the January 24,
2017, minutes as submitted. Segelbaum abstained.
II. The Petition(s) are:
1509 Alpine Pass
James Rutherford, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District,
Subd. 10 Impervious Surface Requirements
•2.55% more than the allowed maximum total impervious surface of 50% of
the lot area.
Purpose:To allow for the construction of a driveway expansion.
Goellner reminded the Board that this property received variances in December to
construct a garage, master bedroom/bathroom, and porch/office addition. She stated that
the applicant is now proposing a driveway expansion and is seeking a variance to have
more impervious surface than the maximum amount allowed. She added that the proposed
driveway shown on the plans in December was narrower and did not require a variance.
Segelbaum asked about the variances approved in December. Goellner stated that the
applicant was granted a variance to allow a garage addition to be located approximately 10
ft. from the north side yard property line and a variance to allow a house addition to be
located approximately 9 ft. from the south side yard property line.
Goellner referred to a survey of the property and explained the applicant’s current proposal.
She noted that the Zoning Code allows lots to have a total impervious surface coverage
amount of 50%. The existing impervious surface amount on the property is 44.7%. After
the approved building additions are constructed the impervious surface amount will be
47.18% and if the proposed driveway expansion is allowed the total amount of impervious
surface would be 52.55%.
Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2017
Page 2
Goellner explained that the proposed width of the new driveway is 27 ft. and the maximum
width allowed by the Engineering Division is 25 ft. measured at the back of the driveway
apron. Segelbaum asked if the 25-foot driveway width is addressed in the City Code or if it
is an Engineering requirement. Goellner said it is her understanding that it is an
Engineering policy. Segelbaum asked if the allowed driveway width is also 25 feet for
properties with three garage stalls. Goellner said yes, and reiterated that the width of the
driveway is measured at the back of the driveway apron but driveways can be wider
beyond that point. Maxwell asked why the width requirement is 25 ft. Goellner said it is a
best practice to try and limit the amount of impervious surface on a property and keep
visual green space on each lot.
Maxwell said it seems like the applicant could access the proposed second garage stall
with the first proposal he submitted. Goellner agreed and said the applicant has stated that
the unique circumstances are that the challenging topography requires a large driveway in
order to drive in at an angle and that the relatively small lot limits the amount of impervious
surface he can have. She stated that staff is recommending denial of the requested
variance because there are other options available that would work and meet the
requirements of the Code. She showed the Board several pictures of properties in the area
that have steeper slopes with driveways that are less than 27 ft. in width. She added that if
the Board approves the requested variance staff recommends adding a condition of
approval to mitigate negative visual and environmental effects. Possible options for this
particular project could include one of the following: planting new trees to mitigate the
removal of the two large trees that provide stormwater infiltration and other benefits at a
ratio of 2:1 or 1:1, or the applicant could construct or install one stormwater management
tool of their choice, including vegetated swale/depression, rain barrel, rain garden, or
French drain.
Orenstein asked if the existing large pine tree near the street will be removed. Goellner
said yes. Maxwell asked if that tree could stay if the driveway were narrower. Goellner said
probably not, because the proposed garage addition and any driveway expansion would
probably call for the removal of that tree.
Segelbaum asked about the amount of impervious surface on other parts of the property.
Goellner referred the survey of the property and pointed out a patio, sidewalk, stairs, and
planters that are all contributing to the amount of impervious surface. She added that the
applicant is proposing to add a new grass area behind the garage addition. Segelbaum
asked if the proposed new deck shown on the surface is pervious. Goellner said yes, if
what is underneath it is pervious as well.
Segelbaum asked if the houses are typically larger compared to their lots in this area.
Goellner said no, the houses in this area are typically smaller compared to their lots, but
there are many retaining walls in the area.
James Rutherford, Applicant, said this is a strange shaped lot and there are a lot of big
homes in the neighborhood that are double the value. He said they bought this small house
with plans to do renovation and modernize the home and they want to have a simple entry
and exit into the new garage. He stated that when backing out of their garage it is tight
between the retaining walls. He gave the Board a photo of his driveway that showed the
Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2017
Page 3
retaining walls and said that they have nicked their car doors on the walls. He also stated
that a person’s van has slid down the driveway into the street and he has spun out trying to
climb the driveway so he needs a straight shot up the driveway because turning could
cause sliding and accidents. He explained that the driveway expansion they are proposing
would go 1 to 2 ft. beyond the edge of the garage entry and won’t end right at the edge of
the new garage stall. He stated that there was confusion with the plans at the meeting in
December, but the plans he submitted for this variance request are the plans he always
meant to propose. He said they care about the look of the house and with the
house/garage addition two trees will need to be removed. One of the trees has a lot of
dead branches and would need to be removed anyway. He said he would be happy to
plant new trees and added that there are many trees in the backyard and there is pervious
surface under the proposed new deck.
Mandy Rutherford, Applicant, said the high retaining walls on both sides of the driveway
have been dangerous to alpine skiers in the neighborhood and she would love to have
extra room to be able to see better because it is dangerous.
Segelbaum asked the applicants if they had considered installing a pervious driveway
instead. Mr. Rutherford said they have thought about it, but considering the incline of the
driveway he is concerned about longevity and if it would wash away. Ms. Rutherford
reiterated that they have explored the idea of a pervious driveway but they’ve been warned
against it because of the incline of the driveway.
Perich asked the applicants if they had thought about moving the retaining walls, because
they would still be an issue even with a new driveway. Mr. Rutherford said if they expand
their driveway there would only be a retaining wall on one side of it because they are going
to grade the other side differently.
Segelbaum asked the applicants if they have thought about removing the concrete patio in
the back yard. Mr. Rutherford said it really isn’t a patio, it is part of an addition done in the
1960s. Maxwell asked if the patio is part of the basement. Mr. Rutherford said yes, it is
really a ceiling and there have been some drainage issues.
Segelbaum asked the applicants if the steps in the front yard could be replaced with a
pervious material. Mr. Rutherford said the front steps match the rest of the property.
Segelbaum asked about the concrete around the landscaping. Ms. Rutherford stated that
the house is built into the landscaping in the back yard.
Mr. Rutherford handed out emails of support from the neighbors to their right and left. He
said he had a conversation with the Engineering staff who said the plans look good and
make sense.
Segelbaum referred to some existing steps on the driveway side of the property and asked
if those will be removed. Mr. Rutherford said they will be removed, but the new
garage/house addition will be in that space. Ms. Rutherford added that there are also some
steps in the back yard that are part of landscaping, but lead to nowhere. Orenstein noted
that removing the steps that lead to nowhere might be enough to get the property under the
50% of impervious surface allowed. Ms. Rutherford said she thinks those steps are already
Minutes of the Golden Valley Board of Zoning Appeals
February 28, 2017
Page 4
pervious. Mr. Rutherford agreed that the steps have probably been improperly classified as
impervious because there is dirt and plants on the steps. Goellner said she could work with
the architect to help figure out if the steps are pervious or not. Orenstein said he thinks that
would be the simplest solution because the applicant’s only need to remove 225 square
feet of impervious surface to make the plan work.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Maxwell suggested tabling the proposal in order to get a re-calculation of the amount of
impervious surface. Orenstein agreed. Segelbaum said he would be willing to table the
proposal as well, but he would be inclined to deny this plan because if they do some re-
calculations, it might work and he doesn’t like the idea of a huge driveway on this property.
Perich said he would be inclined to deny this proposal because there are many other
options.
MOVED by Segelbaum, seconded by Maxwell and motion carried unanimously to table this
request.
III. Other Business
Discussion of 2017 Board of Zoning Appeals Bylaws
Goellner stated that the City Council is considering appointing a teen member to each
board and commission. She explained that a teen member on the BZA would not be a
voting member they would just observe. She added that the Planning Commission
discussed this at their last meeting and the consensus was not to appoint a teen member
to the BZA because they vote on things that affect property owners directly.
Segelbaum stated that the Planning Commission’s sentiment was that a teen member
would not be equipped to make the types of decisions that the BZA makes. He said the
Planning Commission felt that a teen member could be helpful on other boards and
commissions and that it may be worthwhile for a teen to observe, but not to participate in
BZA meetings. He added that the Planning Commission also discussed being mentors to
teens and bringing them to BZA meetings with them to observe.
IV. Adjournment
The meeting was adjourned at 7:49 pm.
_______________________________________________________
David Perich, Chair Lisa Wittman, Administrative Assistant
Human Rights Commission March 28, 2017
Meeting Minutes Page 1 of 3
MINUTES
Human Rights Commission (HRC)
Golden Valley City Hall
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Manager’s Conference Room
March 28, 2017
Commissioners present:Jonathan Burris, Co-Chair
Adam Buttress, Co-Chair
Teresa Martin
Gloria Peck
Commissioners absent:Hattie Bonds
Kyle Pettersen-Scott
Andrew Ramlet
Staff:Chantell Knauss, Assistant City Manager
The meeting was convened at 6:36 pm by Co-Chair Burris.
APPROVAL OF AGENDA
Motion by Commissioner Buttress and second by Commissioner Martin to approve the
agenda with these changes: Remove item VII E. Update from Community Conversations
Planning Group (Peck) until further notice and item VIII A. Citizen’s Academy Participation
(Pettersen-Scott) and add under VIII New Business, 2017 Pride Festival Planning Update.
Motion carried 4-0.
APPROVAL OF DECEMBER 27, 2016 REGULAR MEETING MINUTES
Motion by Commissioner Buttress, second by Commissioner Martin to approve the
December 27, 2016 minutes. Motion carried 4-0.
APPROVAL OF PAYMENT OF CLAIMS
Motion by Commissioner Martin, second by Commissioner Buttress to approve the payment
of claims for the two honorariums in the amount of $100 each for the Sweet Potato Comfort
Pie Event. Motion carried 4-0.
COUNCIL UPDATES
Update from March 14, 2017 Council/Manager Meeting on 2016 HRC Annual Report and 2017
HRC Work Plan
Co-Chairs Burris and Buttress reported that the Council/Manager meeting went well. The City
Council may be discussing the direction of the HRC at an upcoming Council/Manager meeting,
possibly May 9, 2017. After the Council’s discussion, either Council Member Snope or City
Manager Cruikshank would report back to the HRC. Co-chairs Burris and Buttress explained to the
City Council that there needs to be clear expectations articulated to individuals who may be
interested in serving on the HRC, to let them know that it is a working Commission and not meant to
advance one’s own political agenda.
Human Rights Commission March 28, 2017
Meeting Minutes Page 2 of 3
OLD BUSINESS
2017 Work Plan Update
For the 2017 Work Plan, the Council suggested the HRC consider possibly going back to
purchasing tickets for two tables at the 2018 MLK Annual Holiday Breakfast since all budgeted
money was not spent.
2017 Sweet Potato Comfort Pie
Commissioner Martin reported there were 100 people in attendance at the event held on Sunday,
January 15, 2017 from 2:00-4:30 pm at Calvary Lutheran Church. Dianne Moore, the HRC’s
sponsored musician, sang an original song that was written by her and based on the recent events
at the Mother Emmanuel Luther Church in Charleston. Ms. Moore grew up in the church and she
talked about how the recent events affected her and her family.
27th Annual MLK Holiday Breakfast Update
Knauss informed Commissioners all 10 tickets (1 table) were distributed. Two Council Members
attended and the feedback was extremely positive.
Municipal Quality Index
Commissioner Martin received updated demographic information from City Manager Tim
Cruikshank. She is seeking further information from the National Human Rights Campaign to clarify
some of the criteria.
NEW BUSINESS
2017 Pride Festival Planning Update
Commissioner Peck reported the planning is going extremely well. There are churches that have
recently joined the Planning Committee. She is confident the event will be quite a bit bigger than
last year’s inaugural event. Jana Shortell from KARE 11 has committed to emcee this year’s event.
HRC City Code Changes, Review HRC By-Laws and Boards/Commissions Attendance Policy
Knauss explained the City Code applicable to the HRC was revised to include two voting youth
members, which reflects the current HRC By-Laws. The HRC reviewed and discussed the
Attendance Policy. Co-Chair Burris will contact HRC Commissioners not in attendance to touch
base with them. It was the consensus of the Commission that all Commissioners need to let staff
know on Friday after receiving the meeting agenda packet, if they are not able to attend the
meeting.
OTHER
Commissioner Martin provided sample policy/statement on non-discrimination that the City could
consider including in their bid and/or contract documents.
Commissioner Martin explained she was online looking for Human Rights resources and was on the
League of Minnesota Human Rights Commissions website. She was surprised to find there was a
lack of information by this organization.
Motion by Commissioner Martin, second by Commissioner Buttress to discuss at the next
meeting whether the Golden Valley HRC will continue its membership in the League of
Human Rights Commissions. Motion carried 4-0.
Human Rights Commission March 28, 2017
Meeting Minutes Page 3 of 3
2017 HRC Meeting Dates
Thursday, April 20*
Tuesday, May 30*
Tuesday, June 27
Tuesday, July 25
Tuesday, August 22
Tuesday, September 26
Tuesday, October 24
Tuesday, November 28
Thursday, December 28*
*Indicates a change from the regular meeting date.
ADJOURN
Motion by Commissioner Martin, second by Commissioner Peck to adjourn the meeting at
8:19 pm. Motion carried 4-0.
_______________________________
Jonathan Burris, Co-Chair
ATTEST:
_________________________________
Chantell Knauss, Staff Liaison
Approved by HRC: April 25 2017
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
March 27, 2017
Commissioners Present: Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, and
Jim Stremel
Staff Present: Eric Eckman, Public Works Specialist, Hannah Garry, GreenCorps
Member and Claire Huisman, Administrative Assistant
Guest Speakers: Abby Finis and Trevor Drake, Great Plains Institute
Visitor: Jeanne Iverson, Golden Valley Garden Club member
Absent: Commissioners Debra Yahle and Larry Johnson
Call to Order
Lynn Gitelis called the meeting to order at 6:30 pm.
Approval of Regular Meeting Minutes
MOVED by Hill, SECONDED by Galonska, and the motion carried unanimously to
approve the minutes of the February 27, 2017 regular meeting.
Program/Project Updates
For better time management, the Program/Project Updates agenda item was discussed
at the beginning of the meeting. Commissioners were particularly interested in the
City’s solar efforts and requested that they have a more active role in these efforts in the
future, such as making recommendations to Council. The complete program/project
update is on file.
Sustainability and Resilience Plan – Goal Setting Exercise
The City’s consultant, Abby Finis and Trevor Drake from Great Plains Institute, went
over the results from the online Resilience Survey and the first Focus Group meeting.
The survey, answered by 120 Golden Valley residents, was developed to better
understand the City’s strengths and weaknesses with respect to environmental,
economic, and social stresses such as weather and climate related impacts. The first
Focus Group meeting was held in early March and included representatives from
organizations that serve vulnerable populations. The major themes that emerged were:
Communication & Outreach; Preparedness & Response; Prioritizing Resources.
The consultant then led the Commission in a second Focus Group meeting.
Commission members were asked to identify goals and objectives that would enhance
the resilience and sustainability of the City.
From a list of five problem statement topic areas, the Commission selected its top three
topics for further discussion:
1. Clean Energy
2. Waste Reduction
3. Storm Water Infrastructure
Minutes of the Environmental Commission
March 27, 2017
Page 2 of 2
The Commission discussed what failure and epic success would look like and provided
significant input on target success around these topic areas. The topics of Urban Forest
& Vegetation and Economic Diversity were not selected for discussion but will be
covered in the Sustainability and Resilience Plan.
Information and results from the survey and both focus groups will be included in the
City’s Sustainability and Resilience Plan, and considered for the Comprehensive Plan
Update.
Annual Report and 2017 Work Plan
Eckman presented the annual report for discussion and revision. This report will be
presented to the Council in May. The 2017 Work Plan was also presented to the
Commission for their input. Minor revisions were suggested and will be brought back to
the Commission in April.
Other Business
The Commissioners were asked to prepare for the election of a new Chair and Vice-
Chair Persons in May 2017. It was also noted that terms will be up in May for Lynn
Gitelis, Tracy Anderson and Jim Stremel.
Adjourn
MOVED by Galonska, SECONDED by Stremel, and the motion carried to adjourn
the meeting at 8:50 pm.
Claire Huisman
Administrative Assistant
Commissioners and city staff present:
City Commissioner Alternate Commissioner Technical Advisory Committee
Members (City Staff)
Crystal Guy Mueller NA
Golden Valley Stacy Harwell, Treasurer Absent Jeff Oliver
Medicine Lake Clint Carlson Absent Susan Wiese
Minneapolis Michael Welch NA Absent
Minnetonka Absent Absent Tom Dietrich
New Hope John Elder Pat Crough Chris Long
Plymouth Jim Prom John Byrnes Derek Asche
St. Louis Park Jim de Lambert Absent Erick Francis
Robbinsdale Michael Scanlan Wayne Sicora* Richard McCoy
Staff and Others Present:
Administrator Laura Jester, Keystone Waters
Engineer Karen Chandler, Barr Engineering
Legal Counsel Troy Gilchrist, Kennedy & Graven
Presenters/
Guests/Public
Former Alternate Commissioner Lisa Goodard
*Denotes partial attendance
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
Thursday March 16, 2017
8:30 a.m.
Golden Valley City Hall, Golden Valley MN
BCWMC March 16, 2017 Meeting Minutes
Page 2 of 8
1. CALL TO ORDER AND ROLL CALL
On Thursday March 16, 2017 at 8:35 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley
Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC)
and asked for roll call to be taken. The City of Minnetonka was absent from the roll call.
2. CITIZEN FORUM ON NON-AGENDA ITEMS
No comments from citizens.
3. APPROVAL OF AGENDA
Administrator Jester requested the addition of item 5J – Consider Agreement with Hennepin County for 2017 River
Watch Program. Commissioner Welch requested that item 5D be moved ahead of 5C.
MOTION: Commissioner Welch moved to approve the agenda as amended. Alt. Commissioner Crough seconded the
motion. Upon a vote, the motion carried 8-0. [City of Minnetonka was absent from the vote.]
4. CONSENT AGENDA
MOTION: Commissioner Prom moved to approve the consent agenda. Commissioner Mueller seconded the motion.
Upon a vote, the motion carried 8-0. [City of Minnetonka was absent from the vote.]
The following items were approved as part of the consent agenda: the February 16, 2017 Commission Meeting Minutes,
the March 2017 Financial Report, the payment of invoices, CenterPoint Energy 2017 MBLC Replacement Project,
agreement with Hennepin County Environmental Response Fund Grant for Main Stem Erosion Repair CIP Project, Clean
Water Fund Grant agreement for Plymouth Creek Restoration CIP Project and Harrison Neighborhood Project,
agreement with Hennepin County for Opportunity Grant for Plymouth Creek Restoration CIP Project, development and
execution of sub-grant agreements with City of Plymouth, Metro Blooms, and the City of Minneapolis.
The general and construction account balances reported in the February 2017 Financial Report are as follows:
Checking Account Balance $805,484.90
TOTAL GENERAL FUND BALANCE $805,484.90
TOTAL CASH & INVESTMENTS ON-HAND (3/8/17) $2,374,618.24
CIP Projects Levied – Budget Remaining ($2,749,156.26)
Closed Projects Remaining Balance ($374,538.02)
2011-2015 Anticipated Tax Levy Revenue $4,509.13
2016 Anticipated Tax Levy Revenue $4,967.63
Anticipated Closed Project Balance ($365,061.26)
[Alternate Commissioner Sicora departs the meeting.]
BCWMC March 16, 2017 Meeting Minutes
Page 3 of 8
5. BUSINESS
A. Consider Approval of Resolution of Appreciation for Alternate Commissioner Lisa Goddard
Chair de Lambert announced that Minneapolis Alternate Commissioner Lisa Goddard had changed jobs and now
works for the City of Minneapolis. As such, she is no longer eligible to serve as a Commissioner from Minneapolis.
Chair de Lambert read a resolution of appreciation for Lisa Goddard’s work over 13 years on the Commission.
MOTION: Commissioner Welch moved adoption of the resolution of appreciation. Commissioner Mueller seconded
the motion.
Commissioner Welch praised Ms. Goddard’s commitment to the Commission and noted the Commission benefitted
from her technical insights. Commissioner Mueller noted that Ms. Goddard brought a nice blend of talents including
technical savvy and sensitivity to residents.
Upon a vote the motion carried 8-0. [City of Minnetonka was absent from the vote.]
[Former Alternate Commissioner Goddard departs the meeting.]
B. Consider Approval to Set May 4 Technical Advisory Committee Meeting and Assign Liaison
MOTION: Commissioner Welch moved to approve setting a May 4th Technical Advisory Committee meeting and
appointing Commissioner Harwell as liaison at the meeting. Commissioner Scanlan seconded the motion. Upon a
vote the motion carried 8-0. [City of Minnetonka was absent from the vote.]
Commissioner Prom noted that he also planned to attend the TAC meeting.
D. Consider Golden Valley Request to Transfer CIP Funds from 2013 Lakeview Park Pond Project to Project to
Purchase of Flood Prone Properties
Administrator Jester reported that the City of Golden Valley is requesting the use of $184,410.50 of CIP funds
previously slated for the 2013 Lakeview Park Pond Project to purchase three of four flood-prone homes near
Lakeview Park in order to reduce flood damages. She noted that purchase and removal of the homes would make
space for a water quality improvement project by the City. Administrator Jester reported that at their meeting in
September 2012, the Commission entered an agreement with the City of Golden Valley to design and construct the
Lakeview Park Pond Project based on the feasibility study developed in 2004 (and updated in 2011). The project was
slated to improve the water quality of Medicine Lake by treating runoff from the immediate watershed. She further
reported that at their meeting in April 2013, the Commission received information on various challenges with the
site, its soils, and the possible effects of the project on the basements of homes in the vicinity of the park; and at
their meeting in June 2013, the Commission received a letter from the City of Golden Valley indicating that after
further analysis, the project was no longer considered feasible until flooding issues adjacent to the park are resolved.
Administrator Jester reported there is a balance of $184,410.50 in the CIP account for the Lakeview Park Pond
Project.
Jeff Oliver with the City of Golden Valley reported that the city has already purchased one of four homes and has
willing sellers for the last three homes that regularly experience flooding and property damage. He reported the City
has another $500,000 to use toward the purchase of the homes and requests a transfer of the $184,410 from the
Lakeview Park Pond Project to a flood reduction project in the same subwatershed of Medicine Lake. He noted
these homes cannot be viably flood protected and reported that once the homes are removed, the city will have
space for a water quality treatment project. He noted this is the only viable place for a water quality project in the
Medicine Lake subwatershed within Golden Valley.
There was discussion about how the future water quality project would be constructed by the city (with city funds)
and would allow the city to meet the Commission’s water quality standards (MIDS) for their 2016 and 2017
pavement management programs (PMPs) in the same area (the 2017 PMP is the subject of agenda item 5C).
Commissioner Welch noted this was a gray area for the Commission’s action because while the use of CIP funds for
BCWMC March 16, 2017 Meeting Minutes
Page 4 of 8
flood reduction projects is allowed, the fact remains that the homes must be acquired and removed in order for the
city to meet water quality requirements for its own project. He indicated that there did not seem to be a clear
definition between a proposed new CIP project and the city’s required project. Other Commissioners agreed it was a
gray area but noted it was a good use of public funds due because the timing of the projects resulted in an overall
lowering of public costs.
There was further discussion about how the pollutant removal abilities of the future water quality treatment project
are unknown and whether or not there would be any treatment beyond requirements for the city’s PMPs. Further,
Administrator Jester noted that unlike pollutant removal comparisons made between the original Four Seasons Mall
Project and the Agora Project, there was not a similar comparison that could be made between the Lakeview Park
Pond Project (a water quality improvement project) and the proposed flood reduction project.
Derek Asche with the City of Plymouth and Commissioner Prom asked if there was a different location in Golden
Valley where the CIP funds could be spent rather than purchasing homes. They indicated concern about setting
precedence with regard to purchasing property. Mr. Oliver noted that flood proofing of homes had been done by the
Commission in the past. Administrator Jester noted that purchase of property was an eligible CIP project cost (to be
considered on a project by project basis).
MOTION: Commissioner Scanlan moved to approve the transfer of CIP funds from the Lakeview Park Pond Project to
a project to purchase flood-prone homes in the same subwatershed as the original project and to direct the
Administrator to begin a Plan amendment process. Commissioner Carlson seconded the motion.
Asked if the City would come back to the Commission requesting additional CIP funds for projects in this area, Mr.
Oliver replied, “no,” and noted the future water quality improvement project developed for the site would be
reviewed by the Commission. Commissioner Welch noted that while it’s important not to miss opportunities for
improvements in this highly-developed watershed, it is still unclear if the purchase of the properties (and use of CIP
funds) would constitute the Commission paying for the City’s regulatory compliance requirements for their PMPs.
The Commission also discussed the overlapping goals and issues among the City’s need for space for water quality
improvement projects in this area (even if PMPs weren’t planned here), the need for flood damage reduction, and
the Commission’s goals to use CIP funds for the best possible project (without paying for compliance), and the
difficulty in meeting MIDS in linear projects.
MOTION: Commissioner Carlson moved to call the question on the original motion. Commissioner Harwell seconded
the motion. Upon a vote, the motion carried 8-0. [City of Minnetonka was absent from the vote.]
The original motion carried 6-2 upon by roll call:
City of Crystal: aye
City of Golden Valley: aye
City of Medicine Lake: aye
City of Minneapolis: no
City of Minnetonka: absent
City of New Hope: aye
City of Plymouth: no
City of Robbinsdale: aye
City of St. Louis Park: aye
C. Consider Approval of Golden Valley 2017 Pavement Management Plan and Request for Temporary Variance
Commission Engineer Chandler reviewed the project including the City of Golden Valley’s request for a temporary
variance, similar to the temporary variance granted to the City in March 2016 for that year’s Pavement Management
Program (PMP). She noted that the project will remove 0.62 acres of impervious surface but will not be able to meet
performance standards (MIDS) until offsite mitigation is complete (through construction of the proposed project in
the area where flood-prone homes are to be removed).
BCWMC March 16, 2017 Meeting Minutes
Page 5 of 8
MOTION: Commissioner Harwell moved to approve Golden Valley’s 2017 Pavement Management Program with
Commission Engineer’s comments and to adopt the resolution granting the temporary variance from performance
standards. Commissioner Scanlan seconded the motion.
Commissioner Welch noted that he cannot support the motion due to involvement of Commission’s CIP funds to
purchase properties which provides space for the future water quality treatment project to allow the City to meet
MIDS in the future.
Upon a vote the motion carried 6-2 with Commissioners Welch and Prom voting against the motion. [City of
Minnetonka was absent from the vote.]
E. Consider Commission Engineer Recommendations on BCWMC Performance Standards for Linear Projects
Commission Engineer Chandler reminded the Commission that at their January meeting, the Commission heard
recommendations from the TAC regarding proposed revisions to the water quality performance standards (MIDS) in
linear projects. At that meeting, the Commission directed the Commission Engineer to further evaluate the issue
and come to the Commission with their own recommendations.
Commission Engineer Chandler walked through the memo and noted the recommendations came from review of
different watershed organizations’ standards, also noting that the Commission is the only organization that adopted
MIDS in full. She noted that many organizations only require treatment from new impervious surfaces, rather than
from all reconstructed impervious surfaces. Engineer Chandler reported that she recommends using a cost cap per
acre for linear projects so that project proposers have a “high end” cost for the project (a known expectation) and
can plan for treatment up to that cost but not over. She recommended the cost cap be re-evaluated each year and
adjusted as needed. She noted that more research and analysis would be needed to determine an appropriate initial
cost cap and that that effort could cost between $5,000 - $10,000.
Commissioner Welch noted that reduction of impervious surface is a good goal and provided an idea for
consideration: that the Commission Engineer provide an analysis with real examples of projects (including the
Golden Valley PMP) to compare the Commission’s water quality standard from 2004 (simply to improve conditions)
to various scenarios such as using a tiered approach like requiring the old standards for projects that add less than
5,000 ft2 of impervious, then requiring MIDS for projects that create more than 5,000 ft2. Other Commissioners
thought this was a good idea, particularly noting a TAC concern that in some cases there just isn’t space for viable
treatment practices. Commissioners also noted that the cost cap idea should be further analyzed, in conjunction
with this new idea of a tiered approach to requirements.
MOTION: Commissioner Mueller moved to direct the Commission Engineer to spend up to $5,000 to analyze the
cost cap idea and the tiered approach with actual projects. Seconded by Commissioner Scanlan.
Engineer Chandler reported that she could bring some initial research results to the April Commission meeting but
that TAC input might also be needed (the TAC meeting in early May). There was further discussion with TAC
members and Commissioners providing support for Commissioner Welch’s idea of a tiered approach, with TAC
members noting that linear projects present unique challenges, that sensible opportunities to improve conditions
within linear projects aren’t being passed up, and that the money spent on water quality treatments in linear
projects could likely be better spent on better projects with lower costs elsewhere in the watershed.
Commissioner Mueller withdrew his motion; Commissioner Scanlan agreed.
Commissioner Welch noted that the term “good faith effort” (as was used in the Commission’s 2004 Standard) is
problematic and wondered if the term “reasonable technology” might be easier to review a project against.
MOTION: Commissioner Welch moved to direct the Commission Engineer to prepare examples of tiered approaches
to MIDS in linear projects for review by the Technical Advisory Committee at their May 4th meeting. Commissioner
Mueller seconded the motion. Upon a vote the motion carried 8-0. [City of Minnetonka was absent from the vote.]
BCWMC March 16, 2017 Meeting Minutes
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[Commissioner Harwell departs the meeting. Commissioner Elder departs the meeting.]
F. Consider Technical Advisory Committee Recommendations
TAC Chair, Erick Francis, reported that the TAC met on February 3rd and March 2nd to discuss several topics.
i. Channel Maintenance Funds and Request from City of New Hope
Mr. Francis provided an overview of the TAC’s recommendation to allow the City of New Hope to use
Channel Maintenance Funds for a project that was completed in 2016 to clean out accumulated sediment
just downstream of the pipe that discharges into the west end of Northwood Lake. He noted that although
BCWMC policies state the city should first enter into an agreement with the Commission for use of funds,
the TAC took into consideration that the Commission approved the same project in 2010 but the city did
not ultimately seek reimbursement for that work.
MOTION: Commissioner Prom moved to approve a reimbursement of $29,240 of Channel Maintenance
Funds to the City of New Hope for the 2016 project to clean out accumulated sediment at the west end of
Northwood Lake. Commissioner Scanlan seconded the motion. Upon a vote the motion carried 6-0. City of
Minneapolis abstained from the vote due to absence from the discussion. [Cities of Minnetonka and Golden
Valley were absent from the vote.]
ii. 5-year CIP List and Project Fact Sheets
Mr. Francis and Administrator Jester provided an overview of the TAC’s recommendation for the 5-year CIP
(2019 – 2023). Administrator Jester reviewed the changes from the 2018 – 2022 CIP including a request
from the City of Medicine Lake for a water quality improvement project within Jevne Park. She noted that
although it is difficult to know the impact of the proposed project and/or if a project is permittable and
feasible given existing wetlands and groundwater levels, the TAC felt the project warranted more review
through a complete feasibility study and recommended that it be added to the CIP list.
Administrator Jester also reviewed the request from the City of Golden Valley to combine BC-2/8 and BC-3
into one large project to begin implementing components of the Medicine Lake Rd and Winnetka Ave
(DeCola Ponds) Long Term Flood Mitigation Plan Project. She noted that the Commission received a
presentation at their November 2016 meeting regarding this plan that included over $20M in needed flood
mitigation projects. Commissioners recommended that the BC-2,8,3 Project be combined with the BC-10
Project in the CIP list since they are all slated to implement the same flood mitigation plan, just in different
years.
Administrator Jester also noted the addition of 2 projects in the City of Plymouth to benefit Medicine Lake
and Parkers Lake and the shifting of two projects (SL-11 and 2021CR-M) to beyond 2023. She also noted
that the TAC recommended that a future discussion should include a review of the overall process of CIP
project implementation including a better method for prioritizing and scheduling CIP projects, and possibly
adjusting the annual levy amount, and putting the amount in context with city budgets for other
stormwater projects.
MOTION: Commissioner Prom moved approval of the 2019-2023 CIP as presented. Commissioner Mueller
seconded the motion. Upon a vote the motion carried 7-0. [Cities of Minnetonka and Golden Valley were
absent from the vote.]
iii. Update on Discussions of XP-SWMM Model
Mr. Francis noted that the TAC also discussed the technical aspects of the XP-SWMM model results and
began discussing policy implications, communication needs, and areas within the watershed where the new
flood elevations should be enforced. He noted that staff from most member cities will be meeting
individually with the Commission Engineer to review technical questions related to their specific cities and
that the TAC will continue to discuss the model at their next meeting.
BCWMC March 16, 2017 Meeting Minutes
Page 7 of 8
G. Consider Adding Sediment Monitoring to Sweeney Lake Aeration Study
Commission Engineer Chandler reported that at a meeting with Golden Valley city staff, Commissioners Harwell and
McDonald Black, a Sweeney Lake representative, and Administrator Jester regarding the study, a question was
raised about the possible addition of sediment sampling in Sweeney Lake. She noted that confidence in the study
results would be strengthened with sediment data, that sediment data could be utilized in future decisions about
the lake, and would cost approximately $3,000. She recommended using funding from the “survey and studies”
budget line for the addition of sediment sampling for Sweeney Lake.
[Commissioner Prom departs the meeting; Alt. Commissioner Byrnes assumes representation for City of Plymouth.]
MOTION: Commissioner Scanlan moved to conduct sediment sampling in Sweeney Lake in conjunction with the
Sweeney Lake Aeration Study for a cost not to exceed $3,000. Alt. Commissioner Byrnes seconded the motion.
Upon a vote the motion carried 7-0. [Cities of Minnetonka and Golden Valley were absent from the vote.]
H. Consider Directing Staff to Begin Minor Plan Amendment Process for CIP Projects
Administrator Jester reported that an amendment from the 2015 BCWMC Watershed Management Plan must be
proposed in order to update the CIP according to action taken in Items 5D and 5Fii above. She indicated she would
seek BWSR’s approval to work through a minor amendment process rather than the general (major) plan
amendment process. She recommended that the Commission set a public hearing date for May 18th, which would
allow a 45-day notice to member cities about the hearing.
MOTION: Commissioner Crough moved to set a public hearing for May 18, 2017 during the Commission’s regular
meeting and to begin the Plan amendment process. Commissioner Mueller seconded the motion. Upon a vote the
motion carried 6-1. Commissioner Welch voted against the motion due to his opposition of the transfer of CIP funds
from the Lakeview Park Pond Project. [Cities of Minnetonka and Golden Valley were absent from the vote.]
I. Consider Education Committee Recommendations on 2017 Education Budget and Work Plan
Administrator Jester reported that the Education Committee met on March 6th to discuss the budget and work plan
for 2017. She reported that the Committee recommends expenditures shown in the table included with meeting
materials and that many programs and expenditures are the same as previous years. She noted that there is $5,327
in unallocated funds and that the committee will further discuss projects or programs for the use of those funds.
She reported that the committee’s recommendation includes approval to reimburse Commissioner Prom and two
CAMP volunteers for the $175 registration fee to attend a DNR AIS Detection training and certification course.
MOTION: Alt. Commissioner Byrnes moved approval of the Education Committee’s recommendations.
Commissioner Scanlan seconded the motion.
Discussion: Chair de Lambert expressed some concern about the use of funds slated for Commissioner training to
reimburse non-Commissioners for attendance at programs because of the limited funds available and multiple
opportunities for training and conferences in the coming year. Administrator Jester indicated that the action
approving reimbursement to CAMP volunteers for AIS detection training is likely money well spent as these
volunteers are on BCWMC lakes regularly. She noted that this situation of reimbursing non-Commissioners is likely a
one-time request and would not become a regular practice.
Upon a vote a motion carried 7-0. [Cities of Minnetonka and Golden Valley were absent from the vote.]
J. Consider Agreement with Hennepin County for 2017 River Watch Program – added item
Administrator Jester reported that the agreement with Hennepin County for the River Watch Program was an annual
agreement and usually on the consent agenda (but was received too late to get in the regular meeting packet). She
reported the Commission Legal Counsel had reviewed the agreement and had one comment that was incorporated
into the agreement.
MOTION: Commissioner Welch moved approval of the agreement with Hennepin County for the 2017 River Watch
Program. Alt. Commissioner Byrnes seconded the motion. Upon a vote the motion carried 7-0. [Cities of Minnetonka
BCWMC March 16, 2017 Meeting Minutes
Page 8 of 8
and Golden Valley were absent from the vote.]
6. COMMUNICATIONS
A. Administrator’s Report
Administrator Jester reported that volunteers are still needed for the Plymouth Home Expo and that she would
send another email requesting volunteers. She also reported that the agreement with Rock Hill Management
was signed by all parties but she wasn’t aware if the property was yet purchased by the developer and when
development plans would be resubmitted for review.
B. Chair
No report.
C. Commissioners
No report.
D. TAC Members
No report.
E. Committees
Administrator Jester noted the upcoming Budget Committee Meeting on March 27th.
F. Legal Counsel
No report.
G. Engineer
No report.
7. INFORMATION ONLY (Available at http://www.bassettcreekwmo.org/document/meeting-materials-minu/meeting-
materials/thursday-march-16-2017 )
A. CIP Project Updates: Now Available Online http://www.bassettcreekwmo.org/projects
B. Grant Tracking Summary and Spreadsheet
C. World Water Day Event, Harrison Neighborhood March 22
D. WCA Notice of Application and Delineation Report, Golden Valley
E. WCA Notice of Application, Plymouth Creek Restoration Project
8. ADJOURNMENT – Chair de Lambert adjourned the meeting at 11:05 a.m.
___________________________ _____________________________________
Signature/Title Date Signature/Title Date
Executive Summary For Action
Golden Valley City Council Meeting
May 2, 2017
Agenda Item
3. E. Proclamation for Arbor Day and Arbor Month
Prepared By
Al Lundstrom, Park Maintenance Supervisor
Tim Teynor, Assistant City Forester
Summary
The City of Golden Valley was recently awarded the 2016 Tree City USA Award. It is the 30
th
consecutive year Golden Valley has received this national recognition. Tree City USA recognizes
communities that have proven their commitment to an effective, ongoing community forestry
program. Tree City USA is sponsored in cooperation with the National Association of State
Foresters and the USDA Forest Service.
To become a Tree City USA, a community must meet four standards:
1.Operate a forestry division
2.Have a tree ordinance
3.Manage a comprehensive community forestry program
4.Observe Arbor Day
This year’s Arbor Day activities will be celebrated at Good Shepherd Church located at 145 Jersey
Avenue South on May 10 at 12:30 pm.
Attachments
•Proclamation for Arbor Day - May 10, 2017 and Arbor Month - May 2017 (1 page)
Recommended Action
Motion to adopt a Proclamation for Arbor Day - May 10, 2017 and Arbor Month - May 2017 in
the City of Golden Valley.
CITY OF GOLDEN VALLEY
PROCLAMATION FOR RECOGNITION
ARBOR DAY AND ARBOR MONTH - MAY 2017
WHEREAS, Golden Valley’s urban forest treasures were a significant attraction
to early settlers because of their usefulness and the beautiful environment they
provided; and
WHEREAS, trees are an increasingly vital resource in Golden Valley today,
enriching our lives by purifying air and water, helping conserve soil and energy, serving
as recreational settings, providing habitat for wildlife of all kinds, and making our
community more livable; and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of warmth and
security; and
WHEREAS, Golden Valley has been recognized as a Tree City USA by the
National Arbor Day Foundation and desires to continue its urban forestry efforts;
NOW, THEREFORE, I, Shepard Harris, Mayor of the City of Golden Valley, have
proclaimed May 10, 2017, as Arbor Day and May as Arbor Month in the City of Golden
Valley, and urge all citizens to support efforts to protect our trees and woodlands and to
support our City’s urban forestry program; and
BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens
to become more aware of the importance of trees to their well-being, and to plant,
nurture, protect, and wisely use Golden Valley’s great treasure of trees.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great
seal of the City of Golden Valley to be affixed this 2
nd day of May 2017.
__________________________
Shepard M. Harris, Mayor
Executive Summary For Action
Golden Valley City Council Meeting
May 2, 2017
Agenda Item
3. F. Twin City Tennis Camps Service Agreement
Prepared By
Rick Birno, Parks & Recreation Director
Summary
Parks & Recreation staff is recommending a service agreement with Twin City Tennis Camps
(TCTC) to provide tennis instruction and programs for youth and adults at tennis courts
throughout Golden Valley. TCTC will be renting tennis facilities from the City of Golden Valley as
an independent contractor to provide tennis instruction and programs. The total rental fee to be
paid in 2017 for use of the tennis facilities is $43,500.
Attachments
•2017 Service Agreement and Addendum (7 pages)
Recommended Action
Motion to authorize City Manager to sign agreement with Twin City Tennis Camps.
Independent Contractor Agreement
Parties and terms
This Agreement is by and between the City of Golden Valley (“City”) and Daniel Nabedrick doing
business as Twin City Tennis Camps (“Contractor”).
This Agreement is in effect from January 1, 2017 to December 31, 2017 (the “Term”).
Services to be performed
The Contractor will perform the services outlined in the Service Addendum attached to this Agreement
(the “Services”) for the Term. The provisions of the Service Addendum are hereby incorporated by
reference.
Independent contractor
This Agreement shall not render the Contractor an employee, partner, or agent of the City for any
purpose. The Contractor is and will remain an Independent Contractor in his relationship to the City.
The City shall not be responsible for withholding taxes with respect to the Contractor’s compensation
hereunder. The Contractor shall have no claim against the City hereunder or otherwise for vacation
pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability
benefits, unemployment insurance benefits, or employment benefits of any kind.
The Contractor will be responsible for the hiring, training, supervision and conduct of any staff utilized
in the above listed Services. All staff hired to work directly with minors will be subject to background
checks. All background checks must be completed prior to the start of the above listed Services. The
Contractor is responsible for background check fees.
The Contractor will determine the method, details and means of performing the Services outlined.
Compensation
The Contractor agrees to pay the City a flat all-inclusive fee of $43,500. First payment of 50% will be
due on June 15, 2017, with a second payment of 50 % due on August 15, 2017. Both payments to be
made by check. The City will invoice Contractor for payments. Additional fees may be charged, see
Service Addendum, section 7e. All fees shall be fully earned by the City upon receipt by the City.
Business Expenses
Any expenses incurred by the Contractor pursuant to providing the Services, including but not limited
to travel and phone expenses, are the sole responsibility of the Contractor.
Insurance
The Contractor and its subcontractors shall secure and maintain adequate insurance to protect itself and the
City from claims and liability for all work performed by it and its respective employees or agents under
this Agreement, according to the terms set out in the Service Addendum attached to this Agreement.
Acceptance of the insurance bythe Cityshall not relieve, limit or decrease the liabilityof the Contractor.
Anypolicydeductibles or retention shall be the responsibilityof the Contractor. The Contractor shall
control anyspecial or unusual hazards and be responsible for anydamages that result from those hazards.
The Citydoes not represent that the insurance requirements are sufficient to protect the Contractor's interest
or provide adequate coverage. The Citymay direct that copies of the actual insurance policies, or renewals
or replacements thereof, be submitted to the City. Anycertificate of insurance and the required insurance
policies shall contain a provision that the coverage afforded will not be cancelled or allowed to expire until
at least 30 days prior written notice has been given to the City.
In addition to the foregoing, Contractor shall provide a certificate of insurance showing evidence of
workers’ compensation coverage, or provide evidence of qualification as a self-insurer of workers’
compensation or that the Contractor is not required bylaw to maintain workers’ compensation coverage.
Waiver
The Contractor waives all its rights against the City for damages covered bypropertyinsurance. The
Contractor shall require a similar waiver from all its consultants. The Contractor waives all of its rights of
recovery against the City because of deductible clauses in, or inadequacyof limits in, anypolicies of
insurance that are in any way related to the work and that are secured and maintained bythe Contractor.
The Contractor waives any of its rights of recovery against the Citybecause of a lack of insurance coverage.
The Contractor shall require similar waivers from all of its consultants. The Contractor shall waive all of its
rights of recoveryagainst the Cityfor loss or damage to anyof its equipment, machinery, tools or property
that is used in connection with this Agreement. The Contractor shall require a similar waiver from all its
consultants.
Hold harmless
The Contractor agrees to defend, indemnifyand hold harmless the City, its officers and employees, from
anyliabilities, claims, damages, costs, judgments, and expenses, including attorney’s fees, resulting directly
or indirectlyfrom an act or omission of the Contractor, its employees, agents or employees of
subcontractors, in the performance of this contract or byreason of the failure of the Contractor to fully
perform, in anyrespect, all of its obligations under this Agreement.
Compliance with statutes
The Contractor shall abide by all laws that govern the City and by the policies of the City, including
but not limited to the Data Practices Act, records retention guidelines, non-discrimination and
disability accommodation laws and guidelines.
Data practices
The Contractor agrees to complywith the Minnesota Government Data Practices Act and all other
applicable state and federal laws relating to data privacy or confidentiality. The Contractor will immediately
report to the Cityany requests from third parties for information relating to this Agreement. The City agrees
to promptlyrespond to inquiries from the Contractor concerning data requests. The Contractor agrees to
hold the City, its officers, department heads and employees harmless from any claims resulting from the
Contractor's unlawful disclosure or use of data protected under state and federal laws.
Audits
The Contractor agrees that the City, its Auditor or anyof their dulyauthorized representatives, at anytime
during normal business hours and as often as theymayreasonablydeem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that are
relevant and involve transactions relating to this Agreement.
Applicable law
The law of the State of Minnesota shall govern all interpretations of this contract, and the appropriate venue
and jurisdiction for anylitigation which mayarise hereunder will be in and under those courts located
within the Countyof Hennepin, State of Minnesota, regardless of the place of business, residence or
incorporation of the Contractor.
Termination, cancellation and default
The City or Contractor may terminate this Agreement, for any reason or for no reason, effective upon
thirty (30) prior to the end of the Term by providing written notice to the other party prior to such date.
Either party may terminate this Agreement immediately in the event of a substantial breach of the
Agreement by the other, effective upon providing written notice to the other party. Contractor will be
liable for any expenses incurred by the City due to failure to provide the Services described herein.
Notwithstanding anything to the contrary herein, if at any time the actions of the Contractor and/or their
staff compromise the physical, mental or emotional safety of a participant (as determined by the City),
the City shall have the right to immediatelysuspend Services until the issue has been resolved or the
contract terminated.
Notwithstanding the above, the Contractor shall not be relieved of liabilityto the Cityfor damages
sustained bythe Cityas a result of anybreach of this Agreement bythe Contractor.
Modification or amendment
No amendment, change or modification of this Agreement shall be valid unless in writing and signed
by the parties hereto. No interest in this Agreement is assignable without the express written consent of
the other party.
Entire understanding
This document and any exhibit attached constitute the entire understanding and agreement of the
parties, and any and all prior agreements, understandings and representations are hereby terminated
and canceled in their entirety and are of no further force and effect.
Unenforceability of provisions
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then
the remainder of this agreement shall remain in full force and effect.
In witness whereof, the undersigned have executed this Agreement as of the day and year first written
above;
City of Golden Valley Contractor:
__________________________________________________________
Tim Cruikshank, City Manager Daniel Nabedrick, Twin City Tennis Camps
City of Golden Valley
4/19/17 Page 1 of 4
Independent Contractor Agreement - SERVICE ADDENDUM
This Agreement is by and between the City of Golden Valley (“City”) and Daniel Nabedrick doing
business as Twin City Tennis Camps (“Contractor”).
This Service Addendum is in effect from January 1, 2017 until December 31, 2017
Contractor Address:8014 Highway 55 Suite 101, Golden Valley, MN 55427
Contractor Phone:612-600-2460 Contractor E-mail:dnabedrick@twincitytenniscamps.com
Services to be provided by Contractor
It is understood that the Contractor is experienced and trained to provide tennis recreation program services and
that the City requires such services. Therefore, it is hereby agreed that the Contractor will provide the following
services.
1.Instruction:
a.Contractor must be a member of the United States Tennis Association (“USTA”) and follow all
USTA guidelines for tennis instruction.
b.All instructors are required to complete background checks according to the terms of the Agreement
and to undergo concussion training, with the latter provided through the Center of Disease Control
and Prevention website. Copies of all staff’s background checks and Concussion Training
Certificates must be made available upon request to Golden Valley Parks and Recreation.
c.All instructors must be at least 16 years of age or older.
2.Supplies:
a.Contractor will provide all supplies necessary for conducting the programs.
b.All supplies must be removed from the tennis courts at the end of program. Any teaching aides,
supplies, additional signage, etc. must be removed at the end of each daily program.
c.Contractor is allowed to have clocks and court caddies on the court. Clocks and caddies may stay on
the courts. The City is not responsible for damaged or stolen items.
d.Contractor is expected to retrieve all tennis balls and other supplies from the area at the conclusion
of each day.
e.The city will supply 4 keys for the Brookview tennis building. Keys must be returned by Oct. 31,
2017.
3.Programming:
a.Contractor will work with Golden Valley Parks and Recreation staff for programming.
b.Contractor will meet with Park and Recreation staff as needed to resolve any conflicts.
c.TCTC will offer two Saturday Play-Days to promote tennis to all ages, free. Park and Rec will
advertise event in spring/summer catalog.
i.Saturday, May 13, 2017, 12-2 pm; Brookview Park
City of Golden Valley
4/19/17 Page 2 of 4
4.Registration and Communication:
a.Contractor is responsible for all aspects of registration.
b.Contractor must have working website and access for phone communication for all participants and
Golden Valley Park and Recreation staff.
c.Contractor will use best efforts to accommodate the registration requests of Golden Valley residents
before the registration requests of non-Golden Valley residents. .
d.Contractor will offer fee assistance for Golden Valley residents who request financial assistance.
5.Americans With Disabilities Act (“ADA”):
The City is mandated by law to provide reasonable accommodation for individuals with disabilities
which include contracted recreation services. Contractors are expected to work with the City’s
Recreation Staff in order to provide for reasonable accommodations.
6.Insurance:
Contractor shall secure, maintain, and furnish the City with proof of Commercial General Liability
Insurance with limits of at least $2,000,000.00 per occurrence. The City shall be named as an additional
insured and be provided with an appropriate endorsement thereof and a Certificate of Insurance.
7.Facility:
a.All facility repair requests must be submitted in writing/email to City staff and resolved before any
action is taken.
b.Contractor will receive use of Brookview Tennis Court building from April 1, 2016-October 31,
2017.
c.Request for court reservations must be made by March 31, 2017, to be guaranteed for the 2017
season.
d.Contractor is expected to maintain a neat and orderly operation during program usage. All
recycling, garbage, and debris is expected to be picked up and placed in appropriate containers at
conclusion of each day.
e.Any additional court usage above and beyond the contracted days and times must be requested and
approved and will incur additional charges.
8.Permits/Ordinance:
a.Contractor must follow City signage guidelines as directed by Parks and Recreation Staff. One
banner/sign is allowed per two tennis courts. Banners/signs are not allowed on any City building.
b.Contractor must obtain permit to sell merchandise if desired.
9.Tournaments:
Contractor will be responsible for ordering and paying dumpster expense for all tournaments.
10.Safety:
a.Contractor is responsible for first aid kit, ice, and safety supplies.
b.Contractor is responsible for reporting any injury that is the result of facility usage.
City of Golden Valley
4/19/17 Page 3 of 4
11.Transportation.If the Contractor transports, or provides any transportation services to, any
participants in the tennis recreation program then:
a.If the Contractor transports any minor it shall obtain the written consent of the parent or guardian of
such minor prior to transporting such minor;
b.The transportation services provided to any participants shall be provided in accordance with all
applicable laws and regulations; and
c.Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability
insurance with a limit of not less than $2,000,000 per accident. If such insurance contains a general
aggregate limit, the general aggregate limit shall be not less than $2,000,000. The insurance shall
cover liability arising out of any auto, including owned, hired, and non-owned autos.
4/19/17 Page 4 of 4
Services to be provided by the City
It is understood that the City will provide the following services to facilitate and support
the contracted services listed above.
1.Promotion:Contractor will receive one to two full pages of advertising in the
Spring/Summer brochure and one-half to one page in the Fall brochure. Contractor
will work with Golden Valley Park and Recreation staff for layout and brochure
deadlines. Contractor will receive a complimentary room at Brookview Community
Center for two evenings for registration if desired.
2.Facility Use: See Attachment
Service Suspension and Cancellation
1.Notwithstanding anything to the contrary herein, of at any time the actions of the
Contractor and/or their staff compromise the physical, mental or emotional safety of a
participant (as determined by the City), the City shall have the right to immediately
suspend services until the issue has been resolved or the contract terminated (see
“Termination, cancellation and default” section of this Agreement).
City Initial Contractor Initial_____
Executive Summary For Action
Golden Valley City Council Meeting
May 2, 2017
Agenda Item
3. G. Amending the 2017 General Fund Budget
Prepared By
Sue Virnig, Finance Director
Summary
Staff is requesting a budget amendment to the 2017 Budget for the following:
At the Council Manager meeting on April 13, 2017, staff presented a proposed crisis
communications plan. This plan would update our communications component of its emergency
response plan with a more thorough written plan and include staff training, and on-call support
from seasoned crisis communicators. This budget adjustment is $20,000.
The Inspections Division is anticipating a high volume of building permit applications this
construction season, including multiple apartment structures, which will put pressure on staffing
levels with the increased number of inspections that will be required. A temporary Building
Inspector was hired April 24 to help with this increase in work load. The position would work 28
or fewer hours per week and would be retained less than six months. This position was not
included in the 2017 Budget but would be added only after the activity warranted the need. This
budget adjustment is $42,000.
The Budget adjustment would be paid for by the increase in building permits for a total of
$62,000. The resolution attached would allow for this amendment.
Attachments
•Resolution Amending the 2017 General Fund Budget (1 page)
Recommended Action
Motion to adopt Resolution Amending the 2017 General Fund Budget.
Resolution 17-21 May 2, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE 2017 GENERAL FUND BUDGET
WHEREAS, in 2017, the number of building permits issued created need for
additional personal to complete the inspections; and
WHEREAS, in 2017, the city will hire a consultant to update the city’s crisis
communication plan, train personal, and be available for on-call support; and
WHEREAS, the revenue from the permits will fund the needed personal; and
WHEREAS, this amendment allocates a general fund revenues to those
expenditures for each area outlined below.
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that
the 2017 Amended General Fund Budget are hereby given final approval.
DIVISION
DESCRIPTION AMOUNT
Expenses
001 Council (1001.6340)$20,000
015 Inspections (1162.6130)$42,000
Fund Balance
Building Permits (1000.4101)$62,000
TOTAL 2017 BUDGET
_____________________________
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
May 2, 2017
Agenda Item
3. H. Modifying 2017 General Wages and Salary for Human Resources Director, Acting Building
Official and Temporary Building Inspector
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution will add the positions of Human Resources Director, Temporary Building
Inspector and Acting Building Official to the Resolution Establishing General Wages and Salaries
for 2017 For All-Non Union Personnel.
The City will hire a Human Resources Director instead of an Assistant City Manager/Human
Resources Director. The proposed salary is respective to the duties of the position.
The Acting Building Official proposed rate is the same rate of a starting Building Official but is
paid by the hour instead of being salaried. The position is being filled by our current Chief
Building Inspector in the absence of our Building Official.
The Temporary Building Inspector position was created in 2016 to help with the workload of the
department due to more than an average year of permits. The hourly rate used falls in the same
pay schedule as a building inspector. This position does not receive benefits because it is for six
months.
Attachment
•Resolution Modifying 2017 General Wages and Salary to include Human Resources Director,
Acting Building Official and Temporary Building Positions (1 page)
Recommended Action
Motion to adopt Resolution Modifying 2017 General Wages and Salary to include Human
Resources Director, Acting Building Official and Temporary Building Inspector Positions.
Resolution 17-22 May 2, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION MODIFYING 2017 GENERAL WAGES AND SALARY
TO INCLUDE HUMAN RESOURCES DIRECTOR, ACTING BUILDING OFFICIAL AND
TEMPORARY BUILDING INSPECTOR POSITIONS
BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby
adopts the following amendment to Resolution 16-80, modifying the general wages and
salary schedule to include the new personnel named herein effective April 3, 2017:
PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5
Human Resources Director $96,209 $100,790 $105,371 $109,953 114,534
Acting Building Official $42.81
Temporary Part Time and Seasonal
Temporary Building Inspector $31.67
_____________________________
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
May 2, 2017
Agenda Item
6. A. Public Art Policy
Prepared By
Tim Cruikshank, City Manager
Summary
In December 2016, the City entered into a Memorandum of Understanding with the Golden Valley
Community Foundation in which there is a requirement to create a public art process. At the April
13, 2017 Council/Manager meeting, Council was presented with a proposed Public Art Policy. The
Public Art Policy outlines the roles and responsibilities of the Arts League and the City. (The Golden
Valley Arts League “Arts League” resides under the umbrella of the Golden Valley Community
Foundation). The basic premise of the policy is that the Arts League would be responsible for
fundraising, selection process and maintenance; and the authority of placement and art selection
resides with the City. Since the April 13
th Council/Manager meeting, staff has met with Foundation
representatives regarding the proposed policy and has received feedback from them. The policy
before you tonight includes those suggestions as well as feedback from the Council on April 13.
Attachment
•Resolution adopting a Public Art Policy (14 pages)
Recommended Action
Motion to adopt Resolution adopting a Public Art Policy.
Resolution 17-23 May 2, 2017
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING A PUBLIC ART POLICY
WHEREAS, the City of Golden Valley entered into a Memorandum of
Understanding with the Golden Valley Community Foundation; and
WHEREAS, one of the requirements of the Memorandum of Understanding is to
establish a process for Public Art in the community; and
WHEREAS, the Golden Valley Arts League “Arts League” resides under the
umbrella of the Golden Valley Community Foundation; and
WHEREAS, the purpose of the Public Art Policy is to enhance the City of Golden
Valley through the development of a Public Art Program; and
WHEREAS, the Public Art Policy will set forth the processes and procedures in
which the City and the Arts League can work collaboratively to advance Public Art work in
the community; and
WHEREAS, the Public Art Policy will outline the roles and responsibilities of the City
and the Arts League in this process; and
NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden
Valley adopt the Public Art Policy attached hereto as Exhibit A.
_____________________________
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.
1
EXHIBIT A
CITY OF GOLDEN VALLEY
PUBLIC ART POLICY
A.Purpose and Intent
The purpose of this Public Art Policy (“Policy”) is to enhance the City of Golden Valley (the
“City”) through the development of a Public Art Program. The intent of this Policy is to develop
processes, policies and procedures that will:
1.Provide a process by which the City and the Golden Valley Arts League (the “Arts
League”) can work collaboratively to advance more Public Art in the community;
2.Guide the City’s approach to Public Art and provide a mechanism for the inclusion of
Public Art throughout the City;
3.Enrich the City’s public environment for its residents, business community, and visitors
by encouraging public participation and interaction with public spaces;
4.Ensure that stakeholders in the community are given a forum to share their
perspectives, input, experience, and knowledge;
5.Enhance community identity and pride; and
6.Provide high quality Public Art that promotes excellence and demonstrates diversity
and a variety of media.
B.Public Art
“Public Art” means works of craft or art, whether owned by the City or not, in any medium that
have been reviewed against adopted and standardized criteria, approved, and formally accepted
by the City for installation in public locations, in or on publicly owned buildings, on publicly
owned land, or in or on other locations leased or provided to the City through donation, easement
or other means. Public Art includes sculpture, murals, fountains, statues and any other form of
two or three dimensional work in any physical medium appropriate for the location and
otherwise meeting the approval criteria.
All proposed Public Art must meet the following guidelines:
1.Public Art not owned by the City shall be subject to a License and Maintenance
Agreement between the owner of the Public Art and the City. The owner or provider of
the Public Art shall be responsible for all maintenance, insurance and repair costs
associated with the Public Art, unless otherwise agreed by the City and approved by the
City Council.
2.Public Art shall be accessible to public viewing.
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3.The City shall retain the right to transfer Public Art from one City-owned site to
another, as it deems necessary, or to remove or deaccession the Public Art if it no
longer desires to retain it as a component of the public art program.
4.Public Art shall not be approved where a condition of the approval requires permanent
exhibition.
5.In the judgment of the majority of the Public Art Panel and the City Council, the Public
Art must be appropriate for display to the general public.
6.If a proposal accepted by the City is a concept design for Public Art, then the final
product must match the approved concept design.
C.Process for Selection
Public Art selection shall be managed in cooperation with the Arts League. The Arts League
shall have the initial responsibility to solicit and develop proposals for Public Art and to secure
and develop funding for Public Art. All proposals shall subsequently be reviewed by the Public
Art Panel and approved by the City Council. The process for submitting proposals for approval
by the City is as follows:
1.Proposals for placement of Public Art shall be made by applicants in writing to the Arts
League.
2.The Public Art Panel shall evaluate the proposed Public Art.
3.The Public Art Panel shall make an advisory recommendation regarding the proposed
Public Art to the City Council based upon the Public Art Panel’s perspectives, input,
experience and knowledge.
4.The City Council shall approve or reject the proposed Public Art, along with the
proposed License and Maintenance Agreement.
D.Public Review and Comment Period
Each Public Art proposal will be announced to the public at a regular City Council meeting and
then made available for public review and comment for a minimum of thirty days after the Public
Art Panel’s recommendation has been submitted to the City Council.
E.Required Information for Public Art Proposal
All written Public Art proposals submitted to the City must include the following:
1.A photo or drawing of the Public Art.
2.The appraised value of the Public Art.
3.A description of materials used to create Public Art, including materials needed to
display/secure the Public Art.
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4.The dimensions of the proposed Public Art, including appropriate base materials
needed at the public site.
5.A description, including materials, dimensions, wording and location, of interpretive
signage for the Public Art.
6.A statement regarding the relationship of the proposed Public Art to the proposed site
including aesthetic, cultural, or historic ties.
7.Statement of probable lifespan of the Public Art and annual maintenance needed to
maintain Public Art integrity.
8.A statement as to whether the Public Art is unique or duplicates other work by the same
artist.
F.Composition of the Public Art Panel
The Public Art Panel shall be made up of and by the Arts League and must include at least one at
large City resident, chosen by the Arts League, and at least one City employee, chosen by the
City Manager.
G.Duties and Responsibilities of the Public Art Panel
In all cases, the Public Art Panel’s decisions are advisory recommendations and final authority
remains with the City Council. The Public Art Panel shall work within parameters established by
the City Council including overall budget, site constraints and program goals. The Public Art
Panel’s duties shall include the following:
1.Make recommendations to the City Council and City staff on matters pertaining to the
selection, acquisition, location, restoration and maintenance of Public Art.
2.Make recommendations to the City Council regarding the engagement of the Arts
League, an Arts Facilitator or other consultants.
3.Make recommendations to the City Council and City staff regarding the terms of
proposed License and Maintenance Agreements related to Public Art.
4.Review, evaluate, and discuss credentials, proposals and/or materials submitted to the
City or Public Art Panel for review.
5.Via majority vote, recommend the award of Public Art projects or proposals or decide
to further investigate any chosen finalists. If further investigation of finalists is
required, draft a list of information and/or additional materials required. Conclude the
investigation as rapidly as possible, convene for further discussion and, via majority
vote, recommend the award of projects.
6.Inform the City Council in writing of the Public Art Panel’s advisory recommendation
and cite reasons for the decision. If the Public Art Panel cannot reach an agreement on
an advisory recommendation, the matter shall be referred to the City Council. The
Public Art Panel may chose not to make an advisory recommendation if, in its opinion,
4
there is insufficient merit among the submissions. If this occurs, the City Council shall
determine whether to recommend that the Public Art project should be abandoned or
whether some other action is required.
7.Coordinate physical and logistical components of Public Art installation with City staff,
including matters related to transportation and signage.
8.Serve as an information conduit for the Arts League, City staff, artists, property owners
and others for matters relating to Public Art.
9.Other duties as determined by the City Council.
H.Criteria for Review
The Public Art Panel shall make recommendations based upon the following criteria:
1.All visual art forms and materials will be considered. Artwork reflecting any school,
movement, method or style will be considered. Artwork may be functional or non-
functional, conceptual or tangible, portable or site-specific.
2.The proposed Public Art should be compared with the artists’ best work and the best
works of Public Art then displayed in the City.
3.Public Art should be enduring and diverse and the City should strive for diversity in
style, scale, media and artists. It should reflect the social, ethnic and cultural fabric of
the community as well as the values of the City and the community.
4.If the proposed Public Art is to be erected or displayed outdoors, the physical condition
of the Public Art should be considered in terms of durability in an outdoor setting. Any
requirements for immediate or future conservation should be noted.
5.Consideration should be given to structural and surface integrity and the use of
materials appropriate to the location so as to minimize or eliminate maintenance and
repair costs.
6.Public Art must not create unsafe conditions or otherwise increase public liability.
7.Public Art must add interest and meaning to the public location in which it is placed.
8.Public Art must be compatible in scale, material, form and content with its surrounding
and form an overall relationship with the public location. Public Art must conform to
any existing Master Plan for the site. The applicant may request a specific site;
however, each placement will be evaluated based upon suitability of the Public Art for
the site. The Public Art Panel will make a recommendation to the City Council
concerning an appropriate site for the Public Art.
9.The Public Art must have social, cultural, historical or physical connection to the
planned public location.
10.Public Art whose message is exclusively religious in nature will not be accepted.
5
11.Public Art whose message is exclusively political in nature will only be considered if
the political message is of a historical context.
12.The City is discouraged from approving Public Art when funds for the on-going
maintenance and repair of the Public Art are not secured and when, as a condition of
the installation or exhibition, the City is required to pay for the maintenance,
installation, framing, or restoration of the Public Art.
13.The Public Art Panel shall determine and consider the cost and burden on the City of
on-going maintenance and repair anticipated throughout the lifespan of a project.
The City Council may adopt additional project-specific criteria to evaluate Public Art proposals.
I.Removal & Deaccessioning Public Art
Deaccession is a procedure for the removal and disposal of Public Art owned by the City. The
City may remove or deaccession Public Art when it finds such action to be in the best interest of
the public based upon the following:
1.As a means of improving the quality of the City’s exhibited Public Art when:
a.The Public Art has no relevance or serves no exhibition function.
b.The Public Art is duplicative of other Public Art.
c.The Public Art no longer meets the current standards for Public Art.
2.Due to concerns for public safety when Public Art becomes a hazard or a public liability.
3.The Public Art is in a seriously deteriorated condition.
4.Removal should not be based on current fashion or taste.
5.As a result of external acquisition of the Public Art.
Recommendations for removal shall be made to the Public Art Panel, which will then make a
recommendation based upon the public benefit of the action to the City Council for approval.
Each request for removal shall be announced to the public at a regular City Council meeting and
then made available for public review and comment for a minimum of thirty days before action
is taken by the City Council.
J.Exemptions
This Public Art Policy shall not apply to art procured for or located at any City owned buildings,
including specifically Brookview and the Golden Valley City Hall. Decisions related to
placement of art at Brookview and the Golden Valley City Hall shall be governed by the
Brookview & City Hall Public Art Rotation Guidelines as described in the attached Exhibit B.
6
EXHIBIT A
LICENSE &MAINTENANCE AGREEMENT
7
EXHIBIT B
BROOKVIEW &CITY HALL ROTATIONAL ART DISPLAY GUIDELINES
The City of Golden Valley and the Parks & Recreation Department are committed to promoting
and integrating arts, culture and community aesthetics at Brookview and the Golden Valley City
Hall. The purpose of having public art in Brookview and City Hall is to give local and regional
artists the opportunity to display, and by the artist’s choice, sell, their artwork at locations that
are visible to the community and visitors.
Display Duration
Artwork will be displayed on the lower and upper floors at both facilities in “terms” generally
three months per rotation. The artist is responsible for coordinating a time with city staff for
installing and removing the artwork at the beginning and end of the term for which their artwork
is selected. Below are the dates for the upcoming terms. Art is selected in advance for each term
of the next year.
2017-2018 Example of Terms:
•November 1, 2017-March 20, 2018
•March 21-June 12, 2018
•June 13-July 10, 2018 -Reserved for Views of the Valley
•July 11-September 25, 2018
•September 26-December 18, 2018
Artwork Criteria
•Must be a local or regional artist.
•Artwork must not be offensive or condescending towards any race, religion, sex or sexual
orientation.
•Artwork must not be used to promote or oppose political views.
•For Brookview 2-D art may be either a single piece or multiple pieces, framed or textile,
provided the art may be displayed on up to three wall spaces (20’ x 7’6”, 44’ x 8’ and 20’
7’6”) a total wall space of 84 ft. wide x approximately 8 ft. tall and supported on a
permanent aluminum wall hanging system. For City Hall 2-D art may be either a single
piece or multiple pieces, framed or textile, provided the art may be displayed on up to
TBD.
•3-D art will also be displayed at Brookview in up to 14 vitrine pedestals (enclosed and
secured) on both the lower and upper levels of Brookview that are 24” x 24”x 24”.
•Artist(s) selection will be implemented through an RFA and a selection committee.
•Artwork must not be exclusively religious in nature.
Artist Responsibilities
•Artists are responsible for displaying art on the specified set up and removal dates and
times to be coordinated with Brookview and City Hall staff.
•Artists understand there is no fee for displaying art. There will be a 10% commission
charge for art sold. Sold artwork should remain in the exhibit until the exhibition ends, or
artists must replace sold work with a new similar original piece. Artists are responsible
for pricing artwork. Artists are also encouraged to have contact information available for
patrons.
•Artists are responsible for all sales transactions.
8
•Artists will be responsible for understanding criteria for displaying artwork outlined in
the Request for Artwork (RFA).
Selection Committee
•The Selection Committee will be comprised of a Golden Valley staff liaison, a
representative appointed by the Open Space & Recreation Commission, a representative
appointed by the Golden Valley Arts League, a representative appointed by the Golden
Valley Seniors Program, and a representative appointed by the Brookview
Women’s/Men’s Golf Association.
•All appointed committee members will serve one year terms as elected by representative
organizations.
•The Selection Committee will generally meet twice annually.
Brookview & City Hall Responsibilities
•Staff will develop an RFA to be sent out to the art community and art facilitator groups
including Minnetonka Center for the Arts, Forecast, etc. The RFA will be sent out twice a
year.
•Staff will handle waivers, agreements, and scheduling.
•The City of Golden Valley will not be responsible for lost, stolen, or damaged artwork.
•The City of Golden Valley will have the right to advertise the name and work of the artist
and photograph the art for advertising and promotional purposes.
•The City of Golden Valley may work in association with a community service
organization to archive photos of all artwork displayed at City hall and Brookview.
Submittal Process
In order to be considered for Golden Valley display opportunities:
1.Complete the Brookview & City Hall Rotational Art Application (RFA).
2.Provide photos or images of artwork.
3.Submit by appropriate date and email to Carrie Anderson, Recreation Supervisor,
canderson@goldenvalleymn.gov.
Selection Process
The Art Selection Committee will make selections and artists will be notified by a staff liaison.
Selection will be based on completed RFA and appropriate art content for Brookview & City
Hall as determined by the selection committee and approved by the City.
When submitting art for consideration, artist must read, complete, and sign the Agreement
included with the Public Art Application. The City reserves the right to accept or reject the
Committee’s selection, to refuse to display any selected art and to remove any displayed art prior
to the expiration of the term.
Sample Key Dates
•RFA Announced: August 7, 2017
•Deadline for Submission: September 29, 2017
•Committee Review and selection: October 2-5, 2017
•Artist selection and notification: October 6, 2017
•Set up for November 1-March 20: October 30-November 1
•Removal for November 1-March 20: March 19-20
9
•Set up for March 21-June 12: March 21-22
•Removal for March 21-June 12: June 11-12
Contact Information
For more information about the City of Golden Valley or Brookview, please visit
www.goldenvalleymn.gov. There you will find more information about the facilities. If you have
specific questions, please email your questions to canderson@goldenvalleymn.gov.
10
City of Golden Valley
Brookview & City Hall
Call for Artists
Request For Artists (RFA)
The City of Golden Valley is pleased to invite artists to submit proposals to be considered as part
of the rotational art display at Brookview & City Hall.
Background
The City of Golden Valley and the Parks & Recreation Department are committed to promoting
and integrating arts, culture and community aesthetics at Brookview. The purpose of having
public art in Brookview and City Hall is to give local and regional artists the opportunity to
display, and by the artist’s choice, sell, their artwork in a location that is visible to the
community and visitors at Brookview and City Hall.
Display Duration
Artwork will be displayed on the lower and upper floors in “terms” generally (three months per
rotation). The artist is responsible for coordinating a time with city staff for installing and
removing the artwork at the beginning and end of the term for which their artwork is selected.
Below are the dates for the upcoming terms. Art is selected in advance for each term of the next
year.
2017-2018 Terms:
•November 1, 2017-March 20, 2018
•March 21-June 12, 2018
•June 13-July 10, 2018 -Reserved for Views of the Valley
•July 11-September 25, 2018
•September 26-December 18, 2018
Artwork Criteria
•Must be a local or regional artist.
•Must not be offensive or condescending towards any race, religion, sex, or sexual
orientation.
•Must not be used to promote or oppose political views.
•2-D art may be either a single piece or multiple pieces, framed or textile, provided the art
may be displayed on up to three wall spaces (20’ x 7’6”, 44’ x 8’ and 20’ 7’6”) a total
wall space of 84’ wide by approximately 8’ tall and supported on a permanent aluminum
wall hanging system.
•3-D art will also be displayed in up to 14 vitrine pedestals (enclosed and secured) on both
the lower and upper levels of Brookview that are 24” x 24” x 24”. 3-D art will be
displayed at Brookview only.
11
•Artist(s) selection will be implemented through an RFA and a selection committee.
•Artwork must not be exclusively religious in nature.
Artist Responsibilities
•Artists are responsible for displaying art on the specified set up and removal dates and
times to be coordinated with Brookview and City Hall staff.
•Artists understand there is no fee for displaying art. There will be a 10% commission
charge for art sold. Sold artwork should remain in the exhibit until the exhibition ends, or
artists must replace sold work with a new original piece. Artists are responsible for
pricing artwork. Artists are also encouraged to have contact information available for
patrons.
•Artists are responsible for all sales transactions.
•Artists will be responsible for understanding criteria for displaying artwork outlined in
the Request for Artwork (RFA).
Brookview & City Hall Responsibilities
•Staff will develop an RFA to be sent out to the art community and art facilitator groups
including Minnetonka Center for the Arts, Forecast, etc. The RFA will be sent out twice a
year.
•Staff will handle waivers, agreements, and scheduling.
•The City of Golden Valley will not be responsible for lost, stolen, or damaged artwork.
•The City of Golden Valley will have the right to advertise the name and work of the artist
and photograph the art for advertising, promotional and archival purposes.
•City staff will share all art proposals with the Golden Valley Art League (GVAL) for
potential opportunities to display in additional locations. Sharing of art work with GVAL
must be authorized by each artist on the application.
Submittal Process
In order to be considered for this proposal, please submit the following:
1.Completed Brookview & City Hall Rotational Art Application.
2.Photos or images of artwork.
3.Submit by Friday, September 29, 2017 by email only to Carrie Anderson, Recreation
Supervisor,canderson@goldenvalleymn.gov.
Selection Process
The Art Selection Committee will make selections and notify selected artists by Friday,
October 6, 2017 for the next two display rotations. Selection will be based on completed RFA
and appropriate art content for Brookview & City Hall as determined by the selection committee.
Deadline to Apply
The deadline to apply for the 2017-2018 November 1-March 20 and March 21-June 12 term is
Friday, September 29, 2017.
When submitting art for consideration, artist must read, complete, and sign the Agreement
included with the Public Art Application.
Key Dates
•RFA Announced: August 7, 2017
•Deadline for Submission: September 29, 2017
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•Committee Review and selection: October 2-5, 2017
•Artist selection and notification: October 6, 2017
•Set up for November 1-March 20: October 30-November 1
•Removal for November 1-March 20: March 19-20
•Set up for March 21-June 12: March 21-22
•Removal for March 21-June 12: June 11-12
More Information
For more information about the City of Golden Valley or Brookview, please visit
www.goldenvalleymn.gov. There you will find more information about the facility. If you have
specific questions, please email your questions to canderson@goldenvalleymn.gov.
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